This paper critically discusses the issue of enforceability of investment treaty arbitration (ITA) awards against India under the Indian domestic law on arbitration. In this regard, the paper discusses the relevant provisions of the Indian arbitration law and its interpretations by the Indian...

This paper inquires whether the ITA tribunals, while judging whether a host State's regulatory measures amount to indirect expropriation or not, have been able to develop and apply the police power doctrine in a uniform manner? This inquiry is important to understand whether this doctrine could...

After being hit recently by many ISDS claims under different BITs, including one by Australian investors challenging delays in its legal system, India adopted a new Model BIT 2016 to guide negotiations which ostensibly balances the rights of foreign investors with the host State's right to...

International Investment Agreements (IIAs), signed by countries to protect and boost investment, restrict the regulatory discretion of these countries. This dissertation examines Indian IIAs and how they impact India's regulatory discretion by analysing four features namely definition of foreign...

There has been an exponential growth in International Investment Agreements (IIAs), signed by countries to protect foreign investments, in last two decades. These agreements provide broad standards of treatment and give private investors the right to challenge allegedly treaty-inconsistent...