Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Redifining Investment Regime in India: Post White Industries

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

This paper argues that the White Industries Ltd. case must act as an eye opener for the Indian Government. It is a landmark decision, not just for the position of law adopted in the final award, but it also for its significance as a precursor to what may lie ahead if India were to continue the same way with her investment regime. It raises several questions to which the Indian government needs to find answers on an urgent basis. What would India do if every foreign investor affected by “delayed justice” or the decisions of the Supreme Court, such as in the Vodafone case or the 2G case, goes for investment arbitration? What can India do about the backlog of cases and about the possibility of losing every investment claim on the ground of delay of justice? Is it in the interest of India to pay damages to the tune of four million Australian Dollars to a foreign investor even as her citizens often end up waiting for decades for justice from the higher judiciary? This paper posits that India needs to give serious thought to how she wants to manage the future of investment regime in India.

Affiliations: 1: LLM Candidate, dual masters’ program offered by New York University and National University of Singapore NYU@NUS, 2013


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Journal of World Investment & Trade — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation