Please use this identifier to cite or link to this item: http://scholarbank.nus.edu.sg/handle/10635/145192
Title: Calvo's Indian Grandchildren: An Analysis of the Local Remedies Rule under India Model BIT
Authors: CHAHAT CHAWLA
Issue Date: 13-Apr-2018
Citation: CHAHAT CHAWLA (2018-04-13). Calvo's Indian Grandchildren: An Analysis of the Local Remedies Rule under India Model BIT. ScholarBank@NUS Repository.
Abstract: This paper reviews the scope and the legal nature of “conditions precedent” requirements set out under India’s Model BIT. The author traces the approach of Indian courts towards clauses requiring satisfaction of pre-conditions prior to the commencement of arbitration. In particular, the author reviews Indian decisions to assess whether such provisions have been characterized as mandatory or optional. The author also surveys the existing international investment law jurisprudence to analyze the interpretations accorded to such clauses by investment treaty tribunals. Finally, the paper discusses and offers an Indian perspective on the consequences and the potential issues in case of non-compliances of such provisions. Although India’s Model BIT has been subject to much academic comment, this paper seeks to contribute to the existing discussion by examining Art. 15.2 of the Model BIT which requires submission of disputes domestically for at least period of five years.
URI: http://scholarbank.nus.edu.sg/handle/10635/145192
Appears in Collections:UROP/DR (Restricted)

Show full item record
Files in This Item:
File Description SizeFormatAccess SettingsVersion 
1720_LL5396_UROP_A0176098N_FINAL_2.pdf1.14 MBAdobe PDF

RESTRICTED

NoneLog In

Page view(s)

6
checked on Aug 16, 2018

Download(s)

2
checked on Aug 16, 2018

Google ScholarTM

Check


Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.