India joining the ICSID? A new look at an old debate

Nedumpara, James J. and Laddha, Aditya (2021) India joining the ICSID? A new look at an old debate. In: Adjudicating Global Business in and with India: International Commercial and Investment Disputes Settlement. 1st ed. Routledge, London, pp. 1-21. ISBN 9780429343773

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In order to provide a structured analysis of this question, this chapter provides a brief overview of the ICSID Convention and some of the criticisms against it. Subsequently, the chapter will trace the history of the ICSID Convention and India's stated position at some of the negotiating stages of the Convention between 1961 and 1965. By comparing and contrasting India's revised position on investment treaties with the ICSID framework, the chapter proposes a path which India might consider in re-evaluating its position on the ICSID Convention. Having addressed the general criticism levelled against the ICSID, this chapter will proceed to examine whether the ICSID Convention can take into account the concerns of countries such as India concerning investment treaty arbitration. Therefore, India's inclusion of the rule of exhaustion of local remedies will be acknowledged by the ICSID arbitrators if it chooses to accede to the ICSID Convention.

Item Type: Book Section
Keywords: Investor–State Dispute Settlement (ISDS) | EU-Canada | Bilateral investment treaties
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr Sombir Dahiya
Date Deposited: 15 Mar 2022 09:59
Last Modified: 15 Mar 2022 09:59
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