The Permanent Court of Arbitration decisions against India in the Vodafone and Cairn cases points to the necessity to rethink in India’s approach to the Bilateral Investment Treaties. In light of this, examine the issues with India’s stand its implications. 10 marks

Mentor’s comment-
  • In the intro, briefly describe the purpose of bilateral investment treaties (BITs).
  • In the body, briefly mention the basis of two cases and the Permanent Court of Arbitrations (PCAs) decision in the cases. In the next part, mention India’s position on sovereignty and the issue of honouring BITs. In the implications mention dent to the investors’ trust, breach of international treaty etc.
  • Conclude by mentioning the need to honour the international treaties i.e. Bilateral Investment Treaties.
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2 years ago

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2 years ago

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