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Analysing India’s 2015 Model BIT
from Part III - The Rebalancing of Regulatory Space and Investor Protection in Asia
Published online by Cambridge University Press: 13 August 2021
This chapter presents a detailed analysis of the 2015 Indian Model BIT and places it in historical and legal context.It compares the scope, substantive provisions and dispute resolution mechanism in the 2015 Model BIT against earlier drafts of the new model, earlier models, and other investment treaties entered into by India. It also examines the provisions of the 2015 Model BIT in light of investment arbitration jurisprudence. In these ways this analysis demonstrates the particular concerns which motivated the 2015 ModelBIT and highlights the particular balance between investor rights and regulatory freedom that it seeks to achieve.
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