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 Harshal Morwale* “Arbitration is the grease that helps economies flow and brings us benefits around the world.” —David W. Rivkin 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 … Continue reading The Concept of Arbitrability of Arbitration Agreements in India
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 … Continue reading The Vodafone Tax Dispute: Abuse of Process in International 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 … Continue reading India’s Federalism and Investment Arbitration