…Similarly, India’s new model Bilateral Investment Treaty (BIT) excludes the Fair and Equitable treatment (FET) and Most-Favoured-Nation (MFN) treatment clauses. Before turning to investor–state arbitration, investors must exhaust local remedies…

…issued also contained choice-of-law and arbitration provisions, but with slightly different terms. Specifically, while the policy also called for AAA arbitration to take place in New York, the choice-of-law provision…

…from a practical, theoretical, and comparative perspective. Factual Background The underlying arbitration was filed in June 2011 under the Japan Commercial Arbitration Association’s Commercial Arbitration Rules (“JCAA Rules”) and was…