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9 - Regulation of Foreign Investments in India

Analysing India’s 2015 Model BIT

from Part III - The Rebalancing of Regulatory Space and Investor Protection in Asia

Published online by Cambridge University Press:  13 August 2021

By
Shreyas Jayasimha  and
Abhimanyu George Jain
Edited by
Mahdev Mohan  and
Chester Brown
Mahdev Mohan
Affiliation:
Singapore Management University
Chester Brown
Affiliation:
University of Sydney
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Summary

This chapter presents a detailed analysis of the 2015 Indian Model BIT and places it in historical and legal context.It compares the scope, substantive provisions and dispute resolution mechanism in the 2015 Model BIT against earlier drafts of the new model, earlier models, and other investment treaties entered into by India. It also examines the provisions of the 2015 Model BIT in light of investment arbitration jurisprudence. In these ways this analysis demonstrates the particular concerns which motivated the 2015 ModelBIT and highlights the particular balance between investor rights and regulatory freedom that it seeks to achieve.

Keywords

Indian Model BITregulatory sovereigntydeveloping countries and international investment lawinvestors’ rightsmodel BITsIndia and international investment law
Type
Chapter
Information
The Asian Turn in Foreign Investment , pp. 136 - 159
Publisher: Cambridge University Press
Print publication year: 2021

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