Role of Domestic Courts in the Settlement of Investor-State Disputes: The Indian Scenario (Paperback) (ISBN-13: 9789811570124)

This book addresses the interactions between the domestic courts and the international investment arbitral tribunals, one of the most pressing issues confronting both domestic legal systems and the international legal system. It deals with the core issues inherent in the above interactions, especially with regard to countries outside the ICSID system. It contrasts this narrative with the position under classical international investment law, where national courts are assigned a very specific and minimalistic role in the process of investment disputes settlement. For this purpose, the book chooses India, which follows the non-ICSID model, as the major point of focus and considers both domestic judicial decisions and investment arbitral decisions for critical analysis. The ICSID Convention grants limited powers to domestic courts to issue provisional measures and to enforce ICSID awards.

"One of the great merits of this book is that... It looks at bilateral investment treaties themselves to probe more deeply into the role of national courts in investment arbitration... This masterful book fills a major void as a resource in Indian international arbitration law. But is also the prototype of what any serious inquiry into the judicial role in investor-State arbitration in any jurisdiction should look like..."

- George A. Bermann, Walter Gellhorn Professor of Law and Jean Monnet Professor of European Union Law, Columbia Law School, USA