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Role of Domestic Courts in the Settlement of Investor-State Disputes - The Indian Scenario (Paperback, 1st ed. 2020)
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Role of Domestic Courts in the Settlement of Investor-State Disputes - The Indian Scenario (Paperback, 1st ed. 2020)
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This book addresses the interactions between the domestic courts
and the international investment arbitral tribunals, one of the
most pressing issues confronting both domestic legal systems and
the international legal system. It deals with the core issues
inherent in the above interactions, especially with regard to
countries outside the ICSID system. It contrasts this narrative
with the position under classical international investment law,
where national courts are assigned a very specific and minimalistic
role in the process of investment disputes settlement. For this
purpose, the book chooses India, which follows the non-ICSID model,
as the major point of focus and considers both domestic judicial
decisions and investment arbitral decisions for critical analysis.
The ICSID Convention grants limited powers to domestic courts to
issue provisional measures and to enforce ICSID awards. As the
central theme of the book lies at the intersection of domestic law
and international law, the work is indispensable for any scholar
working in the areas of general international law, international
investment law, international economic law, law and economics,
international dispute settlement, or international law in domestic
courts, as well as domestic judges and international arbitrators.
Further, as the subject matter has great implications for both
domestic and global governance, it will benefit civil servants,
opinion leaders, policy planners and subject experts in economics,
the political economy and regional studies, to name a few. Excerpt
from the Foreword:"One of the great merits of this book is that...
It looks at bilateral investment treaties themselves to probe more
deeply into the role of national courts in investment
arbitration... This masterful book fills a major void as a resource
in Indian international arbitration law. But is also the prototype
of what any serious inquiry into the judicial role in
investor-State arbitration in any jurisdiction should look like..."
- George A. Bermann, Walter Gellhorn Professor of Law and Jean
Monnet Professor of European Union Law, Columbia Law School, USA
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