Journal Article

Indian judiciary and international arbitration: a BIT of a control?

Harisankar K. Sathyapalan

in Arbitration International

Published on behalf of The London Court of International Arbitration

Volume 33, issue 3, pages 503-518
Published in print September 2017 | ISSN: 0957-0411
Published online February 2016 | e-ISSN: 1875-8398 | DOI: https://dx.doi.org/10.1093/arbint/aiv074
Indian judiciary and international arbitration: a BIT of a control?

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Abstract

India embraced the modern international arbitration regime towards the end of last century by reforming its arbitration law, mainly to attract foreign investment. However, the practice shows that Indian courts have been unfavourable to international commercial arbitration in contrast to the standards of international arbitration law. Against the backdrop of tremendous foreign investment commitments and a vast Bilateral Investment Treaty network by India, approach of the national judiciary towards international commercial arbitration rights of a foreign investor is highly significant. In this context, the article seeks to analyse how the investment treaty legal framework operates to make Indian courts accountable. Thus, it essentially addresses the question, whether international responsibility arising out of actions of the national courts would help disciplining the international commercial arbitration landscape in India? In response, the article claims that investment treaty arbitration regime has contributed to the reinforcement of international commercial arbitration in India. The article concludes by signalling at some of the pressing issues in the context of interplay between international investment and commercial arbitrations.

Journal Article.  8435 words. 

Subjects: Arbitration ; Company and Commercial Law ; Competition Law ; Employment and Labour Law ; Settlement of Disputes

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