Thinking beyond the international investment treaties: Alternative models for investment protection and dispute resolution

Nedumpara, James J. and Nanda, Rubanya (2024) Thinking beyond the international investment treaties: Alternative models for investment protection and dispute resolution. In: India’s bilateral investment treaties 2.0 : Perceptions, emerging trends, and possible architecture. Springer, Singapore, pp. 51-79. ISBN 978-981-97-3401-6

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Abstract

India’s 2015 Model BIT was a major departure from the 2003 Model BIT. It introduced major changes, including eliminating the MFN clause, preference for an enterprise-based definition of investment as opposed to an asset-based model, a toned-down version of the minimum standard of treatment, and the need for exhaustion of local remedies for a certain period. However, with the 2015 Model BIT attracting limited interest from India's trading and investment partners and India terminating a bulk of its older BITs in the past few years, this chapter explores the alternative approaches India may pursue to provide investment protection. Additionally, the chapter examines the reforms initiated in the commercial courts in India. It suggests how these reforms can successfully supplant the Investor–State Dispute Settlement (ISDS) mechanism concerning investment disputes.

Item Type: Book Section
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: 04 Sep 2024 13:40
Last Modified: 04 Sep 2024 13:40
Official URL: https://doi.org/10.1007/978-981-97-3401-6_3
URI: https://pure.jgu.edu.in/id/eprint/8402

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