About the Lecture
This seminar seeks to enhance participants’ understanding of India’s evolving international investment agreements (IIAs) landscape, drawing on the conceptual framework of legalization and judicialization. In this seminar, Professor Prabhash Ranjan will examine India’s shift from signing “pro-investor” treaties in the 1990s and 2000s to a seemingly more cautious, “pro-state” model. This marks the re-legalization and re-judicialization of India's international investment relations. It has been ten years since India adopted a new Model BIT with the hope that it would be able to sign and quickly replace its old treaties (now terminated) with the new ones. However, this belief has not materialised. India's re-legalized and re-judicalized BIT model has had very few takers. While India has made some attempts to deviate from its “pro-state” model in its recent BIT with the UAE, there is little evidence to suggest that India will depart from its “pro-state” model. With the sunset clauses of many of the terminated treaties coming to an end soon, India will enter a new phase of an international investment law vacuum. Another key characteristic of India’s IIA landscape has been not to include investment protection chapters in its FTAs, instead replacing them with investment promotion chapters. This is evident in India's FTAs with the EFTA states and New Zealand. The seminar will also consider the practical implications of these policy changes for investor-state dispute settlement and cross-border investments in India.
Opening Remarks by:
- Gitta Satryani | Managing Partner (Singapore office) and Head of Southeast Asia Disputes, Herbert Smith Freehills Kramer Prolegis Alliance
- Professor N. Jansen Calamita | Head, International Economic Law and Policy, Centre for International Law, National University of Singapore
The seminar will conclude with a moderated discussion and Q&A.
After the seminar, a networking reception will be hosted by Herbert Smith Freehills Kramer Prolegis Alliance.
About the Speaker
Prabhash Ranjan is a Professor and the Vice Dean for Research at the Jindal Global Law School, O.P. Jindal Global University. He holds a Ph.D. in law from King’s College London and has been a Chevening Scholar and an Alexander von Humboldt Fellow.
His research interests include international investment law and world trade law. Prabhash has published nearly 80 research papers in several leading international journals, such as the ICSID Review, Legal Issues of Economic Integration, Journal of World Trade, Asian Journal of International Law, Journal of World Investment and Trade, and the Northwestern Journal of International Law and Business, among others, and in edited volumes published by esteemed publishers like OUP, CUP, Routledge, and Springer. His single-authored books include: "India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash" (OUP: 2019) and "India and Investor State Dispute Settlement: Affronting Sovereignty or Indicting Capriciousness" (Routledge: 2024). Furthermore, Prabhash has written nearly 250 op-eds for India’s leading national newspapers, including The Hindu, Hindustan Times, and The Indian Express.
Opening Remarks + Moderator + Panellists
OPENING REMARKS | Gitta Satryani | Managing Partner (Singapore office) and Head of Southeast Asia Disputes, Herbert Smith Freehills Kramer Prolegis Alliance
Gitta is the Head of Disputes for Southeast Asia and a key member of the firm's market-leading Asia dispute resolution practice, based in Singapore. She specialises in complex cross-border disputes, with particular expertise in international commercial arbitration, investment treaty arbitration, and public international law. Gitta advises commercial entities, states and SOEs on a broad range of issues relating to cross-border projects, including dispute avoidance strategies and investment structuring.
OPENING REMARKS + PANELLIST | Professor N. Jansen Calamita | Head, International Economic Law and Policy, Center for International Law, National University of Singapore
Jansen Calamita is Principal Research Fellow, Centre for International Law, and Research Associate Professor (CIL), Faculty of Law, at the National University of Singapore. He is head of the Centre’s programme on Investment Law and Policy. He was previously Director of the Investment Treaty Forum at the British Institute of International and Comparative Law in London. He has previously held posts on the law faculties of the University of Oxford and the University of Birmingham.
Jansen has served in the Office of the Legal Adviser in the U.S Department of State, representing the United States in international claims and investment disputes, including before the Iran-U.S. Claims Tribunal. Previously, he served in the U.N. Office of Legal Affairs in the UNCITRAL Secretariat. He began his career in New York in the litigation/arbitration practice of what is now Arnold & Porter Kaye Scholer.
Jansen is a Consultative Expert to the United Nations Conference on Trade and Development and a member of the editorial board of the Yearbook of International Law and Policy (Oxford University Press).
MODERATOR | Salonika Rathod | Partner, Singapore, Herbert Smith Freehills Kramer Prolegis Alliance
Salonika is a partner in the finance and restructuring division and has over 15 years’ experience in a wide variety of financing transactions across India and Southeast Asia. She has advised clients on deals in a wide range of sectors including technology and telecommunications, oil and gas, energy, logistics, automotive and infrastructure and she's an active member of the firm's India practice group.
PANELLIST | Glynn Cooper | Partner, Head of Infrastructure Sector, Asia, Singapore, Herbert Smith Freehills Kramer Prolegis Alliance
Glynn is a Partner in the firm's Singapore office and a member of the India practice core team, which focuses on providing international counsel services on India related matters, working in collaboration with Indian law firms. He is a highly experienced transactional partner with 25 years of experience in M&A, JVs and funding of capital projects, across various jurisdictions in Asia and beyond. Glynn has been based in Asia since 2017 and was previously based in London and Australia.
PANELLIST | Anuj Shah | Partner, Khaitan & Co
Anuj is a Partner in the Corporate and Commercial practice group at the firm’s Mumbai and Singapore offices. He regularly represents corporations, financial institutions, private equity sponsors and sovereign wealth funds in a broad range of Indian M&A transactions and corporate matters, with a particular focus on advising foreign investors and technology-driven businesses on India entry and strategic transactions. His experience spans technology, digital platforms, financial services and other regulated sectors, including advising high-growth businesses on cross-border transactions.
Anuj co-leads our firm’s China coverage and regularly advises for PRC-based companies on their Indian matters. Anuj is also a 'trusted advisor' to several promoters and corporates.
SILE ACCREDITED CPD ACTIVITY
1.0 Public CPD Point
Practice Area: International Law
Training Category: General
Participants who wish to obtain CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. For this activity, this includes signing in on arrival and signing out at the conclusion of the activity in the manner required by the organiser, and not being absent from the entire activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to http://www.sileCPDcentre.sg for more information.
Admission is free of charge | Register here!
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