After being hit recently by many ISDS claims under different BITs, including one by Australian investors challenging delays in its legal system, India adopted a new Model BIT 2016 to guide negotiations which ostensibly balances the rights of foreign investors with the host State's right to...

This paper critically discusses the issue of enforceability of investment treaty arbitration (ITA) awards against India under the Indian domestic law on arbitration. In this regard, the paper discusses the relevant provisions of the Indian arbitration law and its interpretations by the Indian...

The role played by investment treaties in adversely affecting the environment and biodiversityhas gained traction in the recent years. Specifically, the recent report of the Third Working Group of the Intergovernmental Panel on Climate Change (IPCC) looked at the provisions for protection of...

Investment treaties are often understood as the paramount protections for the foreign investors across jurisdictions. An investment treaty can be understood as an international regulatory mechanism between two or more sovereign states to promote, govern and protect investments. In the context of...

On 1 January 1995, the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) entered into force. Until August 2006, the DSU has since been applied to 348 complaints - more cases than dispute settlement under the GATT 1947 had dealt with in nearly five decades. The...