This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same.
The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession’s response to these developments, and civil society’s comments. In addition, it addresses contemporary problems of key importance and at the centre of today’s discussions, from the legitimacy and relevance of Investor–State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law.
The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.
Table of Contents
Foreword by Justice B.N. Srikrishna
1. Introduction by Leïla Choukroune and Rahul Donde
2. India International Investment Treaty Law and Policy in Perspective
- The Changing Landscape of Investment Treaty Protection in India
Matei Purice and Sandra Azima
- The other side of the coin: India’s 2015 Model BIT and Indian Investors Abroad
Epaminontas E. Triantafilou and Jagdish Menezes
- Corporate Social Responsibility and Foreign Direct Investment, The Indian Investment Treaty Approach and Beyond
- ISDS Transparency Provisions in the Indian Model BIT: A Half-Hearted Attempt?
- The State Doesn’t Strike Back After All: India’s Final Model BIT Takes the Bite out of Investor Obligations and Eliminates State Counterclaims
Eric Leikin and Stuti Gadodia
- India Joining the ICSID? A New Look at an Old Debate
James J. Nedumpara and Aditya Laddha
3. Critical Approaches to India’s International Commercial Arbitration
- India's Waltz with Arbitration: A Critical Analysis of the 2015 and 2019 Amendments to the Indian Arbitration Act
- Approaching Twenty-Five Years of the Arbitration Act 1996 in India: Bhatia International Revisited
Sherina Petit and Chintan Chandrachaud
- “Arbitrability”: The Indian Spectrum
Sneha Jaisingh and Parinaz Vakil
- Enforcement of Interim Orders Granted by Foreign Seated Arbitral Tribunals in India
Azal Khan and Vinayak Panikkar
- Third Party Funding of Arbitral Claims – A narrative for Access to Justice
Sai Ramani Garimella
- Court Assistance in Obtaining Evidence in International Arbitration
Rahul Donde and Shivansh Jolly
Leïla Choukroune is Professor of International Law and Director of the Inter-Faculty Thematic Area in Democratic Citizenship at the University of Portsmouth, UK. She is also Co-Chair (with Professor James Nedumpara) of the South Asian International Economic Law Network (SAIELN).
Rahul Donde is a lawyer at Lévy Kaufmann-Kohler, Geneva, Switzerland. He specialises in international commercial and investment arbitration. Over the past ten years, he has acted as arbitrator, counsel, secretary, and assistant of the arbitral tribunal in over 30 international arbitration proceedings under both ad hoc (Indian Arbitration Act, 1996, Swiss PILA, UNCITRAL) and institutional arbitration rules (CEPANI, CRCICA, HKIAC, ICC, ICSID, ICSID (AF), LCIA, SIAC).