India:
Enforcement of BIT Awards At Bay In India As The Courts Rule Out The Applicability Of The Arbitration And Conciliation Act 1996
24 January 2020
Nishith Desai Associates
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Summary
In two cases before Indian courts involving investment treaty
arbitration, the Courts have opined that the Arbitration &
Conciliation Act, 1996 does not apply to investment treaty
arbitration. Among other issues, this leaves the fate of BIT awards
in uncertainty for purposes of enforcement in India. This article
analyses the legal conundrum arising out of the Court's
opinion, compares the legal position in leading international
jurisdictions, and recommends remedies for enforcement of BIT
awards.
For complete article please click here.
This article was originally published in Asian Dispute Review
– January 2020 edition.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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