Gurjeet Singh* This article critiques the Investor-State Dispute Settlement (ISDS) regime, arguing that it disproportionately favours investors over state sovereignty and climate obligations. Using the Italy–Rockhopper dispute, it highlights how treaty protections and valuation methods inflate liability, deterring environmental regulation. It advocates targeted reforms, greater transparency, ethical standards, and an appellate mechanism, while emphasizing India’s strategic r

Adeeba Akhlaq, Samidha Shekhar* Introduction In an era marked by unrelenting globalisation and the inexorable march of capital across borders, the junction of Sovereign Wealth Funds ('SWFs') and foreign investment has emerged as a critical theatre of economic diplomacy. These companies termed the “titans of global finance,” have enormous financial weight, crossing national boundaries and serving as virtual ambassadors for their host countries. Management and protection of SWF

Shivam Kumar, Nancy Anand* Introduction How would you feel if a foreign company could sue your government for implementing laws or policies that affect its benefits, even if they are in the public interest? This is the situation faced by many countries in terms of investment arbitration, Investor-State Dispute Settlement (hereinafter ISDS), an instrument of Investment Arbitration, a part of international law deals with foreign investors and host countries dispute, based on in

Ananiyasri R* Introduction The right of a State to appropriate private property for public use is unquestioned, however, the actions taken consequential to the decision of expropriation, categorize the measures as direct or indirect expropriation. A type of indirect expropriation, creeping expropriation refers to “the slow and incremental encroachment on one or more of the ownership rights of a foreign investor that diminishes the value of its investment.” [1] Though the doct

Soumya Vemulakonda* The Impact Of ESG Factors On Investment Treaty Arbitration Before diving into this sub-topic, it is crucial to understand the meaning of investment treaty arbitration. Basically, this concept involves two parties which are the investor and the host state which includes the respective company. This treaty provides assistance in deciphering the issues appertaining to the claims of a foreign investor and a respondent state. The claim of the investor alleges t

Soumya Vemulakonda* This article examines the growing convergence between ESG obligations and international commercial arbitration in the post-LPG corporate landscape. It argues that arbitration serves as an effective enforcement mechanism for ESG commitments, particularly in cross-border disputes, including investment treaty arbitration. It analyses arbitrator selection, enforcement challenges, and key case law, while critiquing issues such as confidentiality and inconsisten