Expropriation of arbitral awards : Contextualising the Indian Practice Vis-À-Vis the antrix-devas dispute

Mohanty, Gautam and Doshi, Arnav (2024) Expropriation of arbitral awards : Contextualising the Indian Practice Vis-À-Vis the antrix-devas dispute. In: Commercial contract law and arbitration : From assignments to unfair terms. Routledge, London, pp. 105-137. ISBN 9781003463986

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Abstract

The concept of expropriation and the underlying principles of the standards of expropriation have been the subject of much deliberation in investor-state dispute settlement (ISDS) jurisprudence. However, one topic that has not been addressed is the role of domestic courts in the context of ISDS – and more particularly, the judicial expropriation of arbitral awards. To that extent, this chapter examines the proposition as to whether arbitral awards qualify as investments within the ISDS framework. Further, a central question that the chapter explores is what qualifies as expropriation of an arbitral award. Additionally, the chapter focuses on whether interference by the host state judiciary in enforcement of the arbitral award can qualify as expropriation. The chapter commences by ascertaining whether arbitral awards qualify as investments within the ISDS regime. Thereafter, it examines the practice of expropriation in ISDS and the principles related to the same. It then outlines the factual matrix of specific cases while highlighting the general principles and factors contributing to expropriation in international arbitration. Notably, the chapter examines Saipem v Bangladesh, ATA v Jordan, Swisslion v Macedonia, Tatneft v Ukraine, Middle East Cement v Egypt and the recent case of Devas Multimedia Private Limited v Antrix Corporation Limited to examine the factual scenarios that might be interpreted as judicial expropriation and to outline the relevant underpinnings of judicial expropriation

Item Type: Book Section
Keywords: Investor-State Dispute Settlement (ISDS) | Arbitral awards
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 25 Apr 2024 03:49
Last Modified: 26 Jun 2024 10:01
Official URL: https://doi.org/10.4324/9781003463986-7
URI: https://pure.jgu.edu.in/id/eprint/7673

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