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The White Industries award - Shades of Grey

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This article is a preface to India’s first engagement with investor-state dispute settlement - White Industries v. Republic of India. Notwithstanding its systemic implications at various levels, the award has left a denting comment on the functioning of the Indian judiciary - the workings of which were a principle point of challenge. The current piece attempts to trace the delicate line defining India’s investment obligations, the functioning of its courts and the extant relation between ‘denial of justice’ and ‘effective means’ as under India’s bilateral investment obligations. The article is divided into three principal sections - the first introduces India’s experience with investment arbitration and its bilateral investment agenda, the second is a contextual overview of acknowledged global standards of protection under transnational law and third discusses the White Industries arbitration - analyzing the legal contest therein and its outcome.

Affiliations: 1: Attorney, N. Delhi, India, Email:, URL:


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