英文摘要 |
In the shadow of White Industries v. India Case, India formulated and published new BIT model draft in 2015. New BIT model draft makes many major changes in respect to definition of investment, scope of application, fair and equitable treatment, national treatment, most favoured nation treatment, expropriation, exceptions, stipulates obligations of investor, investment and home state, limits jurisdiction of arbitral tribunal, prevents conflict of interest of arbitrators, limits power of interpreting BIT, greatly weakening protection of investor, greatly strengthening right of regulate of host state. New BIT model draft demonstrates that there is major position shift of India in international investment law, from focusing on protection of investor toward focusing right of regulation of host state. |