Investment Arbitration Under Bilateral Investment Treaties

Arifa Zahra, Assistant Professor, Presidency University

ABSTRACT

Present research paper shall pursue the discussion on the attitude of Indian designated representatives on the success and the failure of the arbitration clause under BITs between India and other states. Since the signing of the first BIT, in 1994, between India and UK, there have been 83 treaties till the date. History witnessed the awful performance of India as host state in admitting the liability in pursuance to the arbitration clause under the Bilateral Investment Treaties and thus it promulgated the present BIT model which was adopted in the year of 2015.

Researcher shall highlight the ex and the current BIT Model provisions which warrant the arbitration in Investment issues. Specifically, the Standard of Treatment Clause, National Treatment, Expropriation and Dispute Settlement clauses under BIT model, shall be discussed. Researcher shall also mention the judicial pronouncements and the famous arbitration awards against India in Investment disputes which led to the termination of earlier model and the enactment of the new BIT’s provisions. Most importantly, White Industries Case, Antrix Devas Case etc., will be focused. Researcher would like to approach the doctrinal method in writing the research paper by taking the preliminary assistance from Indian BIT Model, India- US BIT, BIPAs (Bilateral Investment Protection Agreements), FEMA, FERA, Arbitration Act, 1996, Newspapers etc., and will drive secondary information from articles, journals, books etc.