Protection of Foreign Investment in India and Investment Treaty Arbitration

Protection of Foreign Investment in India and Investment Treaty Arbitration PDF Author: Aniruddha Rajput
Publisher: Kluwer Law International B.V.
ISBN: 904118614X
Category : Law
Languages : en
Pages : 280

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Book Description
India is one of the fastest growing economies and intends to achieve the desired growth with the help of foreign investment. Recently, India terminated all the existing Bilateral Investment Treaties (BITs) and announced to renegotiate them based on the newly issued Model BIT. This book is the first comprehensive commentary and analyses of international investment law with focus on India. It offers detailed examination of India’s legal position in relation to protection of foreign investment and the impact of investment treaty arbitration and related jurisprudence on the country’s governance structures and regulatory framework. Additionally, it reflects upon the political and economic rationales for the policy on foreign investment. Among the matters discussed are the following: • jurisprudence of investment tribunals, with focus on cases where India was a party (White Industries v. India); • impact of the Make in India campaign and other reforms on foreign investment; • requirement of valid entry and operation of foreign investment; • prominent treatment standards such as expropriation, fair and equitable treatment, full protection and security, most favoured nation, and national treatment; • dispute resolution clauses and enforcement of investment arbitration awards; • interaction of protection of foreign investment and the Indian judiciary; and • reasons for India not joining the ICSID Convention. Given India’s position as a hugely influential player in the cross-border movement of capital, with the willingness to ‘change the rules’ on foreign investment and investment treaty arbitration worldwide, this book will prove of immeasurable value to practitioners, legal academics, interested policy makers, multinational corporations and their counsel and others interested in international investment law and India.

Protection of Foreign Investment in India and Investment Treaty Arbitration

Protection of Foreign Investment in India and Investment Treaty Arbitration PDF Author: Aniruddha Rajput
Publisher: Kluwer Law International B.V.
ISBN: 904118614X
Category : Law
Languages : en
Pages : 280

Get Book Here

Book Description
India is one of the fastest growing economies and intends to achieve the desired growth with the help of foreign investment. Recently, India terminated all the existing Bilateral Investment Treaties (BITs) and announced to renegotiate them based on the newly issued Model BIT. This book is the first comprehensive commentary and analyses of international investment law with focus on India. It offers detailed examination of India’s legal position in relation to protection of foreign investment and the impact of investment treaty arbitration and related jurisprudence on the country’s governance structures and regulatory framework. Additionally, it reflects upon the political and economic rationales for the policy on foreign investment. Among the matters discussed are the following: • jurisprudence of investment tribunals, with focus on cases where India was a party (White Industries v. India); • impact of the Make in India campaign and other reforms on foreign investment; • requirement of valid entry and operation of foreign investment; • prominent treatment standards such as expropriation, fair and equitable treatment, full protection and security, most favoured nation, and national treatment; • dispute resolution clauses and enforcement of investment arbitration awards; • interaction of protection of foreign investment and the Indian judiciary; and • reasons for India not joining the ICSID Convention. Given India’s position as a hugely influential player in the cross-border movement of capital, with the willingness to ‘change the rules’ on foreign investment and investment treaty arbitration worldwide, this book will prove of immeasurable value to practitioners, legal academics, interested policy makers, multinational corporations and their counsel and others interested in international investment law and India.

Diasporas and Foreign Direct Investment in China and India

Diasporas and Foreign Direct Investment in China and India PDF Author: Min Ye
Publisher: Cambridge University Press
ISBN: 1107054192
Category : Business & Economics
Languages : en
Pages : 259

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Book Description
A comparative and historical analysis of foreign direct investment liberalization in China and India, explaining how the return of these countries' diasporas affects such liberalization.

Foreign Direct Investments

Foreign Direct Investments PDF Author: Information Resources Management Association
Publisher: Business Science Reference
ISBN: 9781799824480
Category : Investments, Foreign
Languages : en
Pages : 0

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Book Description
""This book explores the importance of global stocks to economic structures and explores the effects that these holdings have on the financial status of nations. It also provides a systems approach to investment projects in a globalized and open society"--Provided by publisher"--

Foreign Direct Investment in South Asia

Foreign Direct Investment in South Asia PDF Author: Pravakar Sahoo
Publisher: Springer Science & Business Media
ISBN: 8132215362
Category : Business & Economics
Languages : en
Pages : 378

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Book Description
During the 1990s, the governments of South Asian countries acted as ‘facilitators’ to attract FDI. As a result, the inflow of FDI increased. However, to become an attractive FDI destination as China, Singapore, or Brazil, South Asia has to improve the local conditions of doing business. This book, based on research that blends theory, empirical evidence, and policy, asks and attempts to answer a few core questions relevant to FDI policy in South Asian countries: Which major reforms have succeeded? What are the factors that influence FDI inflows? What has been the impact of FDI on macroeconomic performance? Which policy priorities/reforms needed to boost FDI are pending? These questions and answers should interest policy makers, academics, and all those interested in FDI in the South Asian region and in India, Pakistan, Bangladesh, Sri Lanka and Pakistan.

Foreign Direct Investment (FDI) in India

Foreign Direct Investment (FDI) in India PDF Author: Niti Bhasin
Publisher:
ISBN: 9788177083125
Category : Investments, Foreign
Languages : en
Pages : 0

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Book Description
Foreign investment is a strategic instrument of development policy. It plays an important role in the long-term economic development of a country by augmenting availability of capital, enhancing competitiveness of the domestic economy through transfer of technology, strengthening infrastructure, raising productivity, generating new employment opportunities, and boosting exports. In the wake of the economic liberalization policy that was initiated in 1991, the government of India has taken several measures to encourage foreign investment in almost all sectors of the economy. However, the emphasis has been on foreign direct investment (FDI) inflows in the development of infrastructure, technological upgrade of industry, and the setting up of special economic zones. With a vast reservoir of skilled and cost-effective manpower, India is now recognized as one of the most attractive investment destinations by reputed international rating organizations. Under the current policy regime, there are three broad entry options for foreign direct investors: (a) in a few sectors, FDI is not permitted (negative list); (b) in another small category of sectors, foreign investment is permitted only until a specified level of foreign equity participation; and (c) in all other sectors, foreign investment up to 100 % of equity participation is allowed. The third category has two subsets - one consisting of sectors where automatic approval is granted for FDI (often foreign equity participation less than 100 %), and the other consisting of sectors where prior approval from the Foreign Investment Approval Board (FIPB) is required. This book deals with many aspects of FDI in India, focussing on current policies, conditions, and procedures for FDI inflows into India.

India and Bilateral Investment Treaties

India and Bilateral Investment Treaties PDF Author: Prabhash Ranjan
Publisher: Oxford University Press
ISBN: 0199097070
Category : Performing Arts
Languages : en
Pages : 273

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Book Description
As a consequence of being sued by more than 20 foreign investors, India terminated close to 60 investment treaties and adopted a new Model Bilateral Investment Treaty (BIT) purportedly to balance investment protection with the host State’s right to regulate. This book is a critical study of India’s approach towards BITs and traces their origin, evolution, and the current state of play. It does so by locating them in India’s economic policy in general and policy towards foreign investment in particular. India’s approach towards BITs and policy towards foreign investment were consistent with each other in the periods of economic nationalism (1947–1990) and economic liberalism (1991–2010). However, post 2010, India’s approach to BITs has become protectionist while India’s foreign investment policy continues to be liberal. To balance investment protection with the State’s right to regulate, India needs to evolve its BIT practice based on the twin framework of international rule of law and embedded liberalism.

The Mines and Minerals (Development and Regulation) Act, 1957

The Mines and Minerals (Development and Regulation) Act, 1957 PDF Author:
Publisher: Universal Law Publishing
ISBN:
Category : Mining law
Languages : en
Pages : 322

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Book Description


Trade, Investment and Economic Growth

Trade, Investment and Economic Growth PDF Author: Pooja Lakhanpal
Publisher: Springer Nature
ISBN: 9813369736
Category : Business & Economics
Languages : en
Pages : 396

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Book Description
The book contributes to the growing literature pertaining to empirical and policy issues in international trade, foreign capital flows and issues in finance, implications for India and emerging economies related to trade and development interface, and analysis of sector level growth and development in India. Further, the focus is on the policy aspects of these themes and their role in fostering economic development in the context of India and other emerging market economies. The discourse focuses mainly on empirical work and econometric details. The relevant issues are investigated using state of the art techniques such as gravity models, panel co-integration, generalized hyperbolic distributions, SEM, FMOLS and Probit models. In addition, detailed literature survey, discussions on data availability, issues related to statistical estimation techniques and a theoretical background, ensure that each chapter significantly contributes to the ever-growing literature on international trade and capital flows. The readers shall find an engaging dialogue on the crucial role played by policy and the trade-capital flows-growth experience of emerging economies. The book is relevant for those who are interested in contemporary issues in trade, growth and finance as well as for students of advanced econometrics who may benefit from the analytical and econometric exposition. The empirical evidences provided here could serve as ready reference for academicians, researchers and policy makers, particularly in emerging economies facing similar challenges.

Foreign Direct Investment (FDI) in India Since 1991

Foreign Direct Investment (FDI) in India Since 1991 PDF Author: Niti Bhasin
Publisher:
ISBN: 9788177084559
Category : India
Languages : en
Pages : 0

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Book Description
India's policy regarding foreign direct investment (FDI) during the post-Independence period can be broadly classified into four distinct phases: (a) cautious non-discrimination in controls during the period 1948 to mid/late 1960s; (b) selective restrictions and controls from the mid/late 1960s to the end of 1970s with the promulgation of the Foreign Exchange Regulation Act (FERA), 1973 and the Industrial Licensing Policy, 1973; (c) gradual and partial liberalisation in the 1980s with special incentives for investment in export-oriented units; and (d) full-fledged liberalization regarding foreign investment along with medium-term adjustments and long-term structural reforms since 1991. Over the past few years, India has become an attractive destination for foreign investment owing, among other factors, to its large and rapidly growing consumer market, a developed commercial banking network, availability of skilled manpower and a package of fiscal incentives for foreign investors. In spite of the fact that India is strategically located with access to a vast domestic and South Asian market, its share in the world's total flow of direct investment to developing countries is relatively low. China, Singapore, Indonesia, Philippines, and Thailand attract greater amounts of foreign investment than India. The current world scenario calls for further liberalization of norms for foreign investment by present and prospective foreign entrepreneurs. The present book deals with almost all aspects of FDI in India. It particularly focuses on current policies, conditions and procedures for FDI in-flows into India. [Subject: Business & Economics, Investment, India Studies, Economic History, Foreign Trade, Development Studies]

India's Recent Inward Foreign Direct Investment

India's Recent Inward Foreign Direct Investment PDF Author: K. S. Chalapati Rao
Publisher:
ISBN: 9788193807507
Category :
Languages : en
Pages : 146

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Book Description