Evolution of the Indian Model Bilateral Investment Treaty Vis-a-Vis Investor-State Dispute Settlement Mechanism - A Balancing Act
Article from: TDM 2 (2018), in India
In the aftermath of an increasing amount of investor-state disputes and awards causing financial turmoil, a global movement of transformation could be discerned in the international investment agreement regime. The Investor-State Dispute Settlement Mechanism (ISDS) system ostensibly tilted in favour of protection of investors' rights. The protection given to investors needed to be proportionate to their contribution to the economic and national development of the Host State, with a proper balance of rights and responsibilities. The international dispute settlement procedures should also ...