Overview
Foreword by George A. Bermann
Provides a first-of-its-kind study, on the involvement of the domestic judiciary in international investment arbitration
Conducts a theoretical and doctrinal study on the role of domestic courts in the investment dispute settlement process
Examines various case laws and landmark decisions to identify the interactions between domestic courts and investment tribunals
Offers specialist and advanced research on the subject (rather than being a general work on foreign investment law)
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Table of contents (6 chapters)
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Front Matter
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Back Matter
Keywords
About this book
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.
As the central theme of the book lies at the intersection of domestic law and international law, the work is indispensable for any scholar working in the areas of general international law, international investment law, international economic law, law and economics, international dispute settlement, or international law in domestic courts, as well as domestic judges and international arbitrators. Further, as the subject matter has great implications for both domestic and global governance, it will benefit civil servants, opinion leaders, policy planners and subject experts in economics, the political economy and regional studies, to name a few.Excerpt from the Foreword:
“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
Authors and Affiliations
About the authors
S. R. Subramanian is Assistant Professor at the Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology (IIT) Kharagpur. He is a recipient of the Erasmus Mundus Scholarship awarded by the European Commission, Brussels. He obtained his law education at the Universities of Leipzig (Germany), Vienna (Austria), and the King’s College, London (UK). He has previously worked at the West Bengal National University of Juridical Sciences, Kolkata, and the Hidayatullah National Law University, Raipur. He was also a Visiting Scholar at the University of Michigan Law School, USA. His areas of research interest are international law, international human rights law, and international investment law
Bibliographic Information
Book Title: Role of Domestic Courts in the Settlement of Investor-State Disputes
Book Subtitle: The Indian Scenario
Authors: A. Saravanan, S.R. Subramanian
DOI: https://doi.org/10.1007/978-981-15-7010-0
Publisher: Springer Singapore
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Singapore Pte Ltd. 2020
Hardcover ISBN: 978-981-15-7009-4Published: 29 October 2020
Softcover ISBN: 978-981-15-7012-4Published: 29 October 2021
eBook ISBN: 978-981-15-7010-0Published: 28 October 2020
Edition Number: 1
Number of Pages: XXXV, 187
Number of Illustrations: 1 b/w illustrations
Topics: Dispute Resolution, Mediation, Arbitration, Private International Law, International & Foreign Law, Comparative Law , Sources and Subjects of International Law, International Organizations