Adjudicating Global Business in and with India

- Publisher:
- Taylor & Francis Ltd.
- Publication date:
- 2022-01-01
- Authors:
-
Leïla Choukroune
Rahul Donde - ISBN:
- 9780429343773
Description:
This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession's response to these developments, and civil society's comments. In addition, it addresses contemporary problems of key importance and at the centre of today's discussions, from the legitimacy and relevance of Investor–State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.
Foreword
Chapter 0: Introduction
Part 1: India international investment treaty law and policy in perspective
- Chapter 1: The changing landscape of investment treaty protection in India
- Chapter 2: The other side of the coin
- Chapter 3: Corporate social responsibility and foreign direct investment
- Chapter 4: ISDS transparency provisions in the Indian Model BIT
- Chapter 5: The State doesn't strike back after all
- Chapter 6: India joining the ICSID?
Part 2: Critical approaches to India's international commercial arbitration
- Chapter 7: India's waltz with arbitration
- Chapter 8: Approaching 25 years of the Arbitration Act 1996 in India
- Chapter 9: “Arbitrability”
- Chapter 10: Obtaining and enforcing interim measures in international commercial arbitrations seated outside India
- Chapter 11: Third-party funding of arbitral claims
- Chapter 12: Court assistance in obtaining evidence in international arbitration
- Chapter 13: ‘Public policy exception’ in international commercial arbitration