Investor-State Dispute Settlement Under The Lens: How The Arbitration Act Of India Fits In

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Shrestha Saha, B.Com.LL.B. (Hons.), St. Xavier’s University, Kolkata

ABSTRACT

Investor-State Dispute Settlement [“ISDS”] and its intersection with the Arbitration Act of India is an essential subject to be critically analysed in the context of rising foreign investment and international trade. Identifying the challenges which are faced by applying Arbitration Act, 1996 [“Arbitration Act”] in ISDS and proposing constructive recommendations are the objective of this paper. Issues such are transparency, state sovereignty and economic impacts on host States are critically examined. This study analyses key topics which are significant to policymakers and legal professionals on the subject of Indian dispute settlement Statue- Arbitration Act, and International trade dispute settlement mechanism- ISDS, thereby contributing to a broader understanding of arbitration in the global context.

Keywords: ISDS Mechanism, Arbitration Act, ICSID, BITs, UNCITRAL, Convention

INVESTOR-STATE DISPUTE SETTLEMENT UNDER THE LENS- HOW THE ARBITRATION ACT OF INDIA FITS IN.

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