En septembre 2023, la Commission européenne a dévoilé un document officieux présentant des clauses types pour les traités bilatéraux d’investissement entre les États membres de l’UE et les pays tiers.
Without a mandatory and uniform standard on the human rights obligations of investors in investment law, any change in international investment arbitration may be incremental.
Our frequent inability to answer even basic questions about the full universe is a salutary reminder that we know less than is ideal about investor-state dispute settlement (ISDS).
Since India’s quest has been to establish a rule-based global order, its support for an appellate review will ensure more state and investor confidence in international investment law.
As India and the UK inch closer towards finalising a free trade agreement, the contours of the much-debated and contentious bilateral investment treaty are likely to be finalised around the same time as the FTA.
The experience with investor-state dispute settlement mechanisms has been mixed, with India facing several adverse awards and financial compensation in certain high-profile cases.
If India’s approach and engagement with international investment agreements can be distinguished into phases, with the new agreements being negotiated and concluded, India is poised to enter a new phase.