Interactions Between Domestic Courts and Investment Arbitration Tribunals
It is significant to note that investors prefer international arbitration as a preferred method to resolve their crossborder commercial and investment disputes. The reason could be arbitration is more flexible, and it allows party autonomy. Parties are re
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Role of Domestic Courts in the Settlement of Investor-State Disputes The Indian Scenario Foreword by George A. Bermann
Role of Domestic Courts in the Settlement of Investor-State Disputes
A. Saravanan S. R. Subramanian •
Role of Domestic Courts in the Settlement of Investor-State Disputes The Indian Scenario
Foreword by George A. Bermann
123
A. Saravanan Department of Humanities and Social Sciences Indian Institute of Management Indore Indore, India
S. R. Subramanian Rajiv Gandhi School of Intellectual Property Law Indian Institute of Technology Kharagpur Kharagpur, India
ISBN 978-981-15-7009-4 ISBN 978-981-15-7010-0 https://doi.org/10.1007/978-981-15-7010-0
(eBook)
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Foreword
Although the impetus for international arbitration—commercial and investor-state alike—is avoidance of national judiciaries, national courts are not without an important role to play in that arena. How national courts conceive of their role and the policies and practices they bring to it vary enormously from state to state. Attractive as generalizations on the subject may be, at bottom the subject must be addressed on a state-by-state basis. That is exactly what this outstanding book by A. Saravanan and S.R. Subramanian does for India, whose place in the international arbitration arena is pronounced and becoming ever more pronounced. There is no substitute for taking a granular look at the role of courts in any single jurisdiction. Mostly, we think about national courts in relation to their role in enforcing agreements to arbitrate, assisting arbitral proceed
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