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International Commercial Arbitration vs. International Investment Arbitration: A Comparative Analysis

International Commercial Arbitration (ICA) and International Investment Arbitration (IIA) differ in scope, legal frameworks, and policy concerns. ICA resolves private disputes, while IIA involves state sovereignty, public interest, and investment treaty obligations.
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Harish Khan
International Commercial Arbitration vs. International Investment Arbitration: A Comparative Analysis
International Commercial Arbitration (ICA) and International Investment Arbitration (IIA) differ in scope, legal frameworks, and policy concerns. ICA resolves private disputes, while IIA involves state sovereignty, public interest, and investment treaty obligations.
lex-o-pedia
Rashmi Acharya
What are Bilateral Investment Treaties (BITS)?
Bilateral Investment Treaties (BITs) are agreements between two states that protect foreign investors by ensuring fair treatment, preventing expropriation, and providing dispute resolution mechanisms.
lex-o-pedia
Harish Khan
What is Model India Bilateral Investment Treaty (2016)?
The Model India BIT (2016) redefines India’s investment treaty framework, balancing investor protection with state sovereignty. It introduces clear investment definitions, excludes MFN clauses, limits ISDS, and prioritizes regulatory autonomy, addressing earlier flaws.