In two cases before Indian courts involving investment treaty arbitration, the Courts have opined that the Arbitration & Conciliation Act, 1996 does not apply to investment treaty arbitration. Among other issues, this leaves the fate of BIT awards in uncertainty for purposes of enforcement in India. This article analyses the legal conundrum arising out of the Court's opinion, compares the legal position in leading international jurisdictions, and recommends remedies for enforcement of BIT awards.

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This article was originally published in Asian Dispute Review – January 2020 edition.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.