Is Investor State Dispute Settlement (ISDS) Mechanism a Sine-Qua — Non for Settlement of Investment Disputes under India Investment Agreements?
By
Dr. Kasibhatla Rama Joga Rao
Is Investor State Dispute Settlement (ISDS)1 Mechanism a Sine-Qua — Non for Settlement of Investment Disputes under India Investment Agreements?
Introductory
“……treaties would often have been entered into at a time when States never expected to encounter such a flood of treaty based claims nor the sorts of interpretations being placed upon these treaties. Striking examples of this include recent claims brought by tobacco companies against countries such as Australia and Uruguay in relation to the alleged indirect expropriation of intellectual property rights said to arise out of plain packaging legislation. Yet more recently, in White Industries v. India, a tribunal seated in Singapore held that pursuant to the MFN clause that was found in India’s BIT with Australia, the Australian investor could take advantage of an “effective means of enforcement” obligation found in In ....