Efficacy of Investment Treaty Arbitration: Justice Ravindra Bhat[Video And Full Text Of Speech]
4 years, 11 months ago

Efficacy of Investment Treaty Arbitration: Justice Ravindra Bhat[Video And Full Text Of Speech]

Live Law  

During the FICCI International Conference, Justice S. Ravindra Bhat spoke at length about the adverse effect of investor-state dispute settlement system on international trade agreements. He asserted that even though arbitration has become the "predominant means" of dispute resolution in investment treaties, the ISDS framework is extremely controversial and "threatens to jeopardise" several trade agreements. The practise of negotiating and interpreting BIT clauses should take into account the absence of a level playing field between developed capital exporting nations with stupendous legal resources at hand, and developing capital importing states that might not have such access to legal resources… … Developing countries can avoid burdensome claims by foreign investors by negotiating and drafting treaties clearly, providing evidence of state practice, actively taking part in setting up frameworks for dispute settlement, and issuing joint or unilateral instruments clarifying the intent of the contracting parties." Another significant problem with investment treaty arbitration, Justice Bhat said, is "precedential instability". "This would help increase confidence in the dispute settlement mechanism and also ensure that arbitrators are cognizant of the constraints upon governments to take policy decisions in public interest," he said.

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India aims to be global arbitration hub. And cut costs for its biggest litigant.
5 months ago

India aims to be global arbitration hub. And cut costs for its biggest litigant.

Live Mint  

New Delhi: The Union law ministry has commissioned a study of the legal frameworks in top international commercial centers as part of its efforts to position India as a global arbitration hub. The ministry is looking to address challenges in India’s arbitration system and improve the execution of arbitral awards, or out-of-court settlements, two officials said, declining to be identified. …

IIAM: Panel Discussion On "Future-Proofing Investments: Trends In Arbitration" [25th February 2024]
11 months, 3 weeks ago

IIAM: Panel Discussion On "Future-Proofing Investments: Trends In Arbitration" [25th February 2024]

Live Law  

Indian Institute of Arbitration & Mediation is conducting a Panel Discussion on "Future-Proofing Investments: Trends in Arbitration" on 25th February 2024 at New Delhi. Bhat, Former Judge, Supreme Court of India Mr. Friedrich Rosenfeld, Partner at Hanefeld at Paris and Global Adjunct Professor of Law at NYU Paris Mr. Anil Xavier, Chairman APCAM & President IIAM Mr. Sidharth Sethi, Partner, …

'India Is Arbitration-Friendly' : Justice SK Kaul Says At International Legal Forum Of Asia-Pacific Region
1 year, 3 months ago

'India Is Arbitration-Friendly' : Justice SK Kaul Says At International Legal Forum Of Asia-Pacific Region

Live Law  

Justice Sanjay Kishan Kaul, judge of the Supreme Court, participated in the 12th International Legal Forum of the Asia-Pacific Region on Thursday. The topic of the forum was, "Balance of Protection of National Interests and Rights of Participants of International Economic Relations".In his address, Justice Kaul said that the judiciary should exercise restraint in interfering. In his address, Justice Kaul …

India’s Arbitration/Alternate Dispute Redressal Mechanism – Is It A Trap Or A Genuine Redressal Mechanism ?
6 years, 3 months ago

India’s Arbitration/Alternate Dispute Redressal Mechanism – Is It A Trap Or A Genuine Redressal Mechanism ?

Live Law  

Undoubtedly, the Indian Arbitration Act of 1940 had failed. Pointing at this gaping lacunae and suggesting immediate rectification, Justice Hegde pithily wrote - “However, we do notice that this automatic suspension of the execution of the award, the moment an application challenging the said award is filed under Section 34 of the Act leaving no discretion in the court to …

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