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Adjudicating Global Business in and with India: International Commercial and Investment Disputes Settlement

Adjudicating Global Business in and with India: International Commercial and Investment Disputes Settlement

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781032035031
  • 出版时间 January 2023
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9780367359003

List Price: ¥434.28

¥421.25 Save ¥13.03 (3%)

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  • 描述 
  • 大纲 
  • 详细

    This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same.

    The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession’s response to these developments, and civil society’s comments. In addition, it addresses contemporary problems of key importance and at the centre of today’s discussions, from the legitimacy and relevance of Investor–State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law.

    The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.

  • Foreword by Justice B.N. Srikrishna
    1. Introduction by Leïla Choukroune and Rahul Donde
    2. India International Investment Treaty Law and Policy in Perspective
    - The Changing Landscape of Investment Treaty Protection in India
    Matei Purice and Sandra Azima
    - The other side of the coin: India’s 2015 Model BIT and Indian Investors Abroad
    Epaminontas E. Triantafilou and Jagdish Menezes
    - Corporate Social Responsibility and Foreign Direct Investment, The Indian Investment Treaty Approach and Beyond
    Leïla Choukroune
    - ISDS Transparency Provisions in the Indian Model BIT: A Half-Hearted Attempt?
    Prabhash Ranjan
    - The State Doesn’t Strike Back After All: India’s Final Model BIT Takes the Bite out of Investor Obligations and Eliminates State Counterclaims
    Eric Leikin and Stuti Gadodia
    - India Joining the ICSID? A New Look at an Old Debate
    James J. Nedumpara and Aditya Laddha
    3. Critical Approaches to India’s International Commercial Arbitration
    - India's Waltz with Arbitration: A Critical Analysis of the 2015 and 2019 Amendments to the Indian Arbitration Act
    Dilber Devitre
    - Approaching Twenty-Five Years of the Arbitration Act 1996 in India: Bhatia International Revisited
    Sherina Petit and Chintan Chandrachaud
    - “Arbitrability”: The Indian Spectrum
    Sneha Jaisingh and Parinaz Vakil
    - Enforcement of Interim Orders Granted by Foreign Seated Arbitral Tribunals in India
    Azal Khan and Vinayak Panikkar
    - Third Party Funding of Arbitral Claims – A narrative for Access to Justice
    Sai Ramani Garimella
    - Court Assistance in Obtaining Evidence in International Arbitration
    Rahul Donde and Shivansh Jolly

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