India’s FTA Strategy: Rethinking Dispute Resolution beyond ISDS

4 Jun
11:00 - 12:30

Corporate & Commercial Disputes

Investor State Disputes

Jurisdiction & Global Issues

Public International Law

Dispute Types

Alternative Dispute Resolution methods

Arbitration

N/A or a mix of the above

Regions

Asia, Europe

Global political headwinds are challenging the foundations of globalization, including free trade and foreign direct investment. The panel will revisit in this context what a new template for a ‘balanced’ trade deal might look like. Key aspects to examine are the definition of "investor" and "investment protection" as well as dispute resolution mechanisms.

With this aim, this session will focus on India’s recent Trade and Economic Partnership Agreement (TEPA) with the EFTA states, which marks a departure from traditional investor-state dispute settlement (ISDS) mechanisms in favour of ad hoc arbitration prioritizing compliance measures over investor compensation.

You will also learn what lessons TEPA offers for India’s ongoing negotiations for the larger free trade agreements with the UK and the EU.

Speakers

Michael Harrington, Principal - Control Risks
Shaneen Parikh, Partner - Cyril Amarchand Mangaldas

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