International Commercial Arbitration Investments - Foreign - International Law Proportionality Law

The book explains the legal doctrines of international law and the law of treaty-making between nation-states that form the basis for adjudication of disputes between an investor from the home state, and the respondent host state where the investment is made. Investment treaty arbitral case law in this treatise addresses all of the disputable issues that could come before an investment treaty tribunal in relation to a foreign investor’s claim against the host nation-state for a breach of treaty provisions that result in injury to the investment. The nature of foreign investment includes contracts for the design and construction of infrastructure, mining, oil and gas, electricity, pollution control, direct and indirect investment or shareholding in manufacturing, distribution, services, financial investments and insurance services, telecommunications, real estate, inspection services, licenses, permits, and so on. The book also focuses on India's investment treaty law and policy. The authors have critiqued national and international priorities in India’s attempts to engage in global trade and investment. The authors emphasise India's responsibilities and have recommended solutions in relation to investor claims and host state responsibility. Today India as a respondent state, faces about 12 foreign investor claims for alleged breaches of treaty provisions contained in bilateral investment treaties (BITs) between India and its counterpart contracting nations. Investor claims range from millions to several billion dollars. The authors provide an insightful analysis by demonstrating that the 2015 India Model BIT has not been thought-through in relation to India’s public policy interests. This is largely due to a lack of understanding of investor-state arbitration case law and the manner in which treaty law, international law and municipal law of the host state law are applied to measures and omissions attributed to the host state. ..... Read more on www.jbpresslaw.com