ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

ArbitrationSubscribe to Arbitration

Silence on Investor –State Disputes Debate

The Law Commission of India's 260th report contains a seemingly innocuous suggestion to include a clear clause for consent to arbitrate investment disputes in India's 2015 draft Model Bilateral Investment Treaty. There is an intriguing absence of any explanation for this suggestion, which is curious, especially when viewed in the context of the global public debate on investor-state dispute settlement clauses. This suggestion requires robust public debate in India and must not silently sail past.

Shalishi in West Bengal

Traditional community/village level dispute resolution systems still coexist with formal processes of justice and administration. The `shalishi' is one such method of arbitration in West Bengal that has been used by NGOs to intervene effectively in settling domestic violence cases. Shalishi scores over the more formal legal avenues of dispute resolution because of its informal set up. But deriving its legitimacy as it does from the conventional norms and values of the community it works in favour of keeping the family intact, often compromising feminist notions of empowerment.

Calcutta Diary

Having surrendered to pax Americana, dear prime minister, you have few options left. The Indian economy is in the direst possible mess. The only way you can salvage the situation is to appeal to president Bush's sense of philanthropy. If the price for this munificence is Kashmir and full-scale Yankee arbitration over the disputed territory, we Indians have to go along. Beggars cannot simultaneously be choosers.
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