This paper critically discusses the issue of enforceability of investment treaty arbitration (ITA) awards against India … awards against India. The paper also discusses the proposed amendments to the Indian arbitration law and its ramifications on … treaty program where each treaty allows for investor-state treaty arbitration to settle disputes between investors and India …

the institution of investment arbitration. This imbalance does not allow, the developing countries to remedy investors … forward by the respondent (mostly, the State) rather than the investor-applicant or the investor-claimant. India’s climate … question: How can India, as the host state, bring counterclaims against investors under the Model BIT for violation of …

Despite the non-binding nature of investment arbitration decisions beyond the circle of disputing-parties, arbitration … tribunals rely on earlier decisions ‘whenever they can'. However, arbitration practice shows that opinions diverge when it comes … to deciding how much influence those earlier arbitration decisions should exert. These diverging opinions result from …

Arbitrators in investment treaty arbitration have not been reluctant to express their views on the access to … international arbitration, provided for in dispute settlement clauses in investment treaties, as forming a part of substantive … arbitration as a substantive right of investors amounts to law-making, effected by requalifying procedural rules as substantive …