Tag: India

The Treatment of Investments clause under the Indian Model BIT: Laden with greater certainty, restrictions and/or ambiguity?

Naman Lohiya B.A. LL.B.(Hons.) Batch 2015-2020 Gujarat National Law University Gandhinagar, Gujarat. “No Party shall subject investments made by investors of the other Party to measures which constitute a violation of customary international law through: Denial of justice in any judicial or administrative proceedings; or fundamental breach of due process; or targeted discrimination on manifestly… Read More The Treatment of Investments clause under the Indian Model BIT: Laden with greater certainty, restrictions and/or ambiguity?

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The Concept of Arbitrability of Arbitration Agreements in India

by Harshal Morwale* “Arbitration is the grease that helps economies flow and brings us benefits around the world.” —David W. Rivkin[1] Introduction Arbitration is a dynamic dispute resolution technique. An arbitrator’s powers normally derive from the arbitration agreement. With increasing number of cross border transactions and international trade contracts, the arbitrability of arbitration agreements holds… Read More The Concept of Arbitrability of Arbitration Agreements in India

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The Vodafone Tax Dispute: Abuse of Process in International Investment Arbitration?

by Malcolm Katrak* Recently, the Delhi High Court in the case of Union of India v. Vodafone Group, passed an ex-parte order restraining the Vodafone Group from pursuing an investment arbitration claim against India under the India-United Kingdom Bilateral Investment Treaty (India- UK BIT). The Court held that multiple claims cannot be permitted by corporate… Read More The Vodafone Tax Dispute: Abuse of Process in International Investment Arbitration?

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India’s Federalism and Investment Arbitration

by Sarthak Malhotra* A key area of exposition both in Public International Law and Investment Arbitration is what constitutes an ‘act of state’. The Draft Articles on State Responsibility have been a ground-breaking work in codifying the rules of attribution of responsibility to the states. A related issue in this regard is the attribution of liability… Read More India’s Federalism and Investment Arbitration

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