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regulatory sovereignty

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9 - Regulation of Foreign Investments in India
from Part III - The Rebalancing of Regulatory Space and Investor Protection in Asia
- By Shreyas Jayasimha, Abhimanyu George Jain
Edited by Mahdev Mohan, Singapore Management University, Chester Brown, University of Sydney
Book:

The Asian Turn in Foreign Investment

Published online:

13 August 2021

Print publication:

26 August 2021, pp 136-159
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Summary

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.