Sakshi Garg In the race of globalization and development, the world has changed its original ways of functioning. This impact can also be seen in the legal world where the disputes may no longer be resolved in courts. Alternate processes now exist which can resolve legal disputes without leading them into the vicious cycle of lengthy litigation and escaping the conundrum of jurisdiction. On a global level, arbitration has increased its reach many folds as even the states are

Om Agarwal, Shivendra Narayan* Introduction With an ever-expanding list of businesses declaring their exit from Russia, the world witnesses an attempt at economic decoupling at a scale with no precedent in the age of globalization. Apart from the devastating humanitarian impact of the invasion of Ukraine, it has resulted in a breakdown of Russia’s commercial relations with western nations. A series of international sanctions, followed by countermeasures from Russia, has led b

Alay Raje, Samridhi Shrimali Introduction “A fool repays a salve by a stab, and a stab by a salve.” The escalating concerns surrounding the participation of amicus curiae ('amicus') in investment arbitrations can be truly sketched by the above quote, meaning that; only a fool mistakes a foe for a friend and a friend for a foe. Resolving disputes involving investment treaty law is in itself a tricky terrain, and amicus participation do not ease the trouble. As explicated by th

Debleena Ray* Introduction Over the years with the meteoric growth in international investment arbitration, there has also been a rise in tribunals becoming gradually acquiescent regarding the involvement of interested third parties as amici curiae who are “friends of the court.” Although commercial arbitration upholds the values of strict confidentiality and privacy protection of the parties involved, recent studies show that in many investment arbitration disputes related t

Gunjan Bahety, Tanmay Joshi Introduction An investor Treaty is an agreement between two or more states to protect investments made by eligible investors. Through Bilateral Investment Treaties ('BITs'), governments guarantee to safeguard investors’ rights such as the right to be free from expropriation without just compensation, assurance that the government will abide by its contractual commitments and fair and equitable treatment. It provides a procedure for initiating Inve

Preksha Mehndiratta Introduction In view of the recognition of the public interest involved in investment arbitration, there have been efforts over the past decade to improve the procedural transparency in such proceedings. However, most of these efforts matured in the form of optional instruments such as the United Nations Commission on International Trade Law (‘UNCITRAL’) Rules on Transparency or the United Nation Convention on Transparency in Treaty-based Investor-State Ar