Vishesh Sharma* and Vishakha Choudhary** Uniform jurisprudence concerning state counterclaims in investment arbitration remains elusive. Ordinarily, the conditions for their presentation are twofold: parties should have consented to arbitration of counterclaims, and the counterclaims should be connected to the primary claim. However, tribunals have oscillated between strict application of these criteria, to extreme dilution based … Continue reading Do New-Age International Investment Agreements Introduce a Method to the Madness of State Counterclaims in Investment Arbitration?
Vrinda Vinayak* Introduction The national treatment obligation in international investment agreements (IIAs) is a double-edged sword - while it may attract foreign investment by guaranteeing equal access to and treatment in the domestic market, it has the potential to limit autonomy and sovereignty of nations in formulating domestic policy, and opens these measures up to … Continue reading The Pre-Establishment National Treatment Obligation: How Common Is It?
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 … Continue reading The Treatment of Investments clause under the Indian Model BIT: Laden with greater certainty, restrictions and/or ambiguity?
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 … Continue reading India’s Federalism and Investment Arbitration