Role of Domestic Courts in the Investor-State Dispute Settlement Process: The Case of South Asian Bits

Int. A.L.R. 2017, 20(2), 42-54

13 Pages Posted: 12 Oct 2017

See all articles by Saravanan A

Saravanan A

Indian Institute of Technology (IIT), Kharagpur, Rajiv Gandhi School of Intellectual Property Law (RGSOIPL)

S. Subramanian

Indian Institute of Technology (IIT), Kharagpur - Rajiv Gandhi School of Intellectual Property Law (RGSOIPL)

Date Written: November 30, 2016

Abstract

This article makes a concerted attempt to comparatively evaluate the role of domestic courts vis-à-vis investment disputes with the specific focus on South Asian Countries. For this purpose, the study analyses the dispute settlement provisions in the selected bilateral investment treaties ( BITs) and their interactions with the system of national courts in these countries. The article also simultaneously looks into the general tendency of the courts of these countries to exercise judicial review over the investment awards rendered by investment arbitral tribunals. The study is also very significant as recently India has revised its previous Model BIT 2003 and the revised Model BIT 2015 seeks to prescribe exhaustion of local remedies as a condition precedent for submission of a claim to investment treaty arbitration.

Keywords: Bilateral investment treaties, India, Investment treaty arbitration, Investor-state arbitration, National courts, South Asia

JEL Classification: K33

Suggested Citation

A, Saravanan and Subramanian, S., Role of Domestic Courts in the Investor-State Dispute Settlement Process: The Case of South Asian Bits (November 30, 2016). Int. A.L.R. 2017, 20(2), 42-54. Available at SSRN: https://ssrn.com/abstract=3051591 or http://dx.doi.org/10.2139/ssrn.3051591

Saravanan A (Contact Author)

Indian Institute of Technology (IIT), Kharagpur, Rajiv Gandhi School of Intellectual Property Law (RGSOIPL) ( email )

IIT Kharagpur
Kharagpur, West Bengal 721302
India

S. Subramanian

Indian Institute of Technology (IIT), Kharagpur - Rajiv Gandhi School of Intellectual Property Law (RGSOIPL) ( email )

IIT Kharagpur
West Bengal
Kharagpur, West Bengal 721302
India

Register to save articles to
your library

Register

Paper statistics

Downloads
141
Abstract Views
459
rank
206,695
PlumX Metrics