International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Investor-State Dispute Settlement (ISDS) Mechanisms: A Comparison Between India and Global Arbitration Hubs

Author(s) Mr. Digvijay Ashok Palande, Dr. Sukhdeo Ingale
Country India
Abstract Investor-State Dispute Settlement (ISDS) mechanisms play a crucial role in international investment protection by providing a legal framework for resolving disputes between foreign investors and host states. As globalization has led to increased cross-border investments, the effectiveness of ISDS has become a key determinant in shaping investor confidence. While global arbitration hubs such as Singapore, the United Kingdom (UK), the United States (USA), and the European Union (EU) have developed robust and investor-friendly ISDS mechanisms, India has taken a more cautious approach. This article compares India’s ISDS framework with leading global arbitration hubs, analyzing legal frameworks, enforcement mechanisms, judicial intervention, and investor confidence. India’s ISDS journey has evolved significantly since the 1990s, when the country signed numerous Bilateral Investment Treaties (BITs) to attract foreign direct investment (FDI). However, following a series of unfavorable arbitration awards, including White Industries v. India, Vodafone, and Cairn Energy cases, India shifted towards a more state-centric approach
Keywords Investor-State Dispute Settlement (ISDS), Bilateral Investment Treaties (BITs), Arbitration, Foreign Direct Investment (FDI), International Investment Law, Singapore International Arbitration Centre (SIAC), London Court of International Arbitration (LCIA), Judicial Intervention,
Published In Volume 7, Issue 3, May-June 2025
Published On 2025-06-09
DOI https://doi.org/10.36948/ijfmr.2025.v07i03.46562
Short DOI https://doi.org/g9pzst
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