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)

Suggested Citation

Markert, Lars A. and Kawasaki, Masaki, Contemporary Developments in India’s Investor-State Framework: A Perspective from Japan (November 27, 2020). Contemporary Asia Arbitration Journal, Vol. 13, No. 2, pp. 319-348, November 2020 , Available at SSRN: https://ssrn.com/abstract=3763325

Lars A. Markert (Contact Author)

Nishimura & Asahi ( email )

Ark Mori Bldg. 28F
Akasaka 1-12-32, Minato-ku
Tokyo, 107-6029
Japan

HOME PAGE: https://www.nishimura.com/en/attorney/0622.html

Masaki Kawasaki

Nishimura & Asahi ( email )

Ark Mori Bldg. 28F
Akasaka 1-12-32, Minato-ku
Tokyo, 107-6029
Japan

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