The Legal Framework of Foreign Investment & Protection In India

Authors

  • Indrayudh Chowdhury Law Student at Bennett University
  • Nimish Law Student

Keywords:

Cross Border Investment, Investor Protection, Foreign Direct Investment, Most Favoured Nation

Abstract

Don’t look for the needle in the haystack. Just buy the haystack!

  • Quoted by John Bogle when he came up with the idea of an Index Fund

The act of Investment refers to action of investing money (alternatively referred to as capital) in order to obtain in return a profit from the act of such investment. Such profit can be in the form of interest, income, appreciation in value of an asset invested in, etc., depending upon the investor. The current paper explores the concept of foreign investment that has emerged due to the merging of global economies brought about by the age of globalization. The authors have also analysed the topic of Investor Protection in relation to the current topic, which has aways played an integral role in ensuring that foreign investments flow freely into a market. Different concepts established in the development of cross border investment have also been discussed in the course of the current paper. 

References

James Chen, Online Article titled “International Investing”.

Rudra Kumar Pandey, Srinivas Anirudh, Sanyukta Sowani and Deepti Pandey, Online Article titled “The Foreign Investment Regulation Review: India”.

Ministry of Commerce & Industry, Press Release by the Press Information Bureau titled “Year End Review – 2020 for Department for Promotion of Industry & Internal Trade”.

Taruna Nagi, Online Article titled “APPENDIX 6: Prohibited Sectors for Foreign Direct Investment”.

Priscilla Jebaraj, Online Article titled “Government nod mandatory for FDI from neighbouring countries”.

AZB & Partners, Online Article titled “At a glance: Foreign Investment review in India”.

Meenakshi Acharya, Online Article titled “INDIA: Foreign Direct Investment Policy - Analyzing changes in regulatory trends during a global pandemic”.

Nikitaraghavan, Online Article titled “Indian Legal Framework on Foreign Investment and Protection”.

North American Free Trade Agreement (NAFTA).

Central America Free Trade Agreement (CAFTA).

OECD Draft Convention on Protection of Foreign investment.

L. Fay H. Neer and Pauline Neer v. United Mexican States.

Mondev International Ltd V. United States of America.

Goetz V. Burundi.

Satyam Computer Services Limited v. Directorate of Enforcement, Government of India.

Published

2023-01-19