Contemporary Developments in India’s Investor-State Framework: A Perspective from Japan
Contemporary Asia Arbitration Journal, Vol. 13, No. 2, pp. 319-348, November 2020
30 Pages Posted: 8 Mar 2021 Last revised: 6 Dec 2021
Date Written: November 27, 2020
Abstract
Recent years have witnessed a dynamic change in India’s investor-state framework. India started with an “investor-friendly” approach. However, the case White Industries v. Republic of India, and a spate of dispute notices in its immediate aftermath, shifted India’s sentiment toward investor-state relations. Since then, India has been at the forefront of more state-oriented investment policies. With its huge population and skyrocketing GDP, India has become a lead player in the investment treaty realm and will likely continue to grow in influence. These developments are of particular interest in Japan, which is home to many businesses that invest in India. In light of their significant economic involvement, we assess how they may be affected by the recent trends in the investment policies of this South Asian powerhouse.
Keywords: Foreign Direct Investment, Investor-State Dispute Settlement (ISDS), Investment Arbitration, White Industries, Bilateral Investment Treaty (BIT), India New Model BIT, Investment Court System (ICS), Regional Comprehensive Economic Partnership (RCEP)
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