This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same.

The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession’s response to these developments, and civil society’s comments. In addition, it addresses contemporary problems of key importance and at the centre of today’s discussions, from the legitimacy and relevance of Investor–State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law.

The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.

chapter |4 pages


ByLeïla Choukroune, Rahul Donde

part 1|128 pages

India international investment treaty law and policy in perspective

chapter 1|19 pages

The changing landscape of investment treaty protection in India

ByMatei Purice, Sandra Azima

chapter 2|21 pages

The other side of the coin

India's 2015 Model BIT and Indian investors abroad
ByEpaminontas E. Triantafilou, Jagdish Menezes

chapter 3|28 pages

Corporate social responsibility and foreign direct investment

The Indian investment treaty approach and beyond
ByLeïla Choukroune

chapter 4|17 pages

ISDS transparency provisions in the Indian Model BIT

A half-hearted attempt?
ByPrabhash Ranjan

chapter 5|20 pages

The State doesn't strike back after all

India's final Model BIT takes the bite out of investor obligations and eliminates State counterclaims
ByEric Leikin, Stuti Gadodia

chapter 6|21 pages

India joining the ICSID?

A new look at an old debate
ByJames J. Nedumpara, Aditya Laddha

part 2|122 pages

Critical approaches to India's international commercial arbitration

chapter 7|16 pages

India's waltz with arbitration

A critical analysis of the 2015 and 2019 amendments to the Indian Arbitration Act
ByDilber Devitre

chapter 8|17 pages

Approaching 25 years of the Arbitration Act 1996 in India

Bhatia International revisited
BySherina Petit, Chintan Chandrachud

chapter 9|16 pages


The Indian spectrum
BySneha Jaisingh, Parinaz Vakil

chapter 11|18 pages

Third-party funding of arbitral claims

A narrative for access to justice
BySai Ramani Garimella

chapter 12|13 pages

Court assistance in obtaining evidence in international arbitration

ByRahul Donde, Shivansh Jolly

chapter 13|22 pages

‘Public policy exception’ in international commercial arbitration

An Indian tale of a turbulent past and a promising future
ByWasiq Abass Dar