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7 RGNUL Fin. & Mercantile L. Rev. 1 (2020)

handle is hein.journals/rlfladme7 and id is 1 raw text is: CONUNDRUMS OF MODEL INDIA BILATERAL INVESTMENT TREATY VIS- A-VIS DISPUTE RESOLUTION IN INDIA - Arunima Shastri* ABSTRACT India is operational with a multifaceted marketing structure, pervading to steel, pharmaceuticals, telecoms, information technology consultancy, tourism are few enlisted. Needless to say, cross-boarded traders and investors often venture on India's expanse and growth considering the Foreign Direct Investments (FDIs) permissible within the policy framework. Related rights and obligations has been structured through Bilateral Investment Treaty (BITs) models across the globe enunciating the protection that may be granted to the Investor for potential investment in the host state. BITs also contain within them the Dispute Resolution Clauses before which is the cooling off period and exhausting of local remedies leaving scope for settlement. A salient aspect of almost all BITs is that they empower individual investors to directly bring claims against a host State before an international arbitration tribunal. This is also known as Investor-State Dispute Settlement (ISDS) or BIT arbitration.1 Enforcement of Legal Rights when disputes arise has always been quintessential in understanding the robustness of a legal regime. Through these the best practices are founded upon to smoothen the dispute resolution process and fixate the seat of Arbitration. I. BACKDROP OF 2015 MODEL BIT The Indian Bilateral Investment Treaty (hereinafter 'BIT') Model 2015 is a detailed and descriptive edition of 2003 Model with 38 Articles * The author is an Assistant Professor of Law at the Gujarat National Law University, Gandhinagar. 1 The term is not restricted to Investor State but also covers state-state treaty disputes.

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