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2019 Supreme(Del) 322

PRATHIBA M.SINGH
UNION OF INDIA – Appellant
Versus
KHAITAN HOLDINGS (MAURITIUS) LIMITED – Respondent


Advocate Appeared:
For the Plaintiff :Mr. Sanjay Jain, Senior Advocate with Mr. Piyush Joshi, Ms. Anuradha R. V., Ms. Sumiti Yadava, Ms. Lalia Philip, Mr. Prithvirat Chauhan and Mr. Yuvraj, Advocates.
For the Defendants :Mr. Dayan Krishnan, Senior Advocate with Ms. Misha Rohatgi Mohta, Advocate

JUDGMENT :

PRATHIBA M. SINGH, J.

I.As. 1235/2019 (u/Order XXXIX Rule 1 & 2)

1. Arbitration as a means for resolution of disputes is well entrenched in most judicial systems. In the context of commercial arbitration, there are two types - domestic arbitration and international commercial arbitration. In all these disputes, minimum judicial interference in the conduct of arbitral proceedings is the norm. There is yet another species of arbitration which is the subject matter of the present case i.e., Arbitral proceedings under Bilateral Investment Treaties. While traditional arbitrations arise out of commercial contracts entered into between individuals and companies, arbitrations under BITs arise out of agreements signed between two sovereign nations. Under these agreements, each of the States, signatory to the Agreement agrees to provide Fair and Equitable Treatment to investors from the other State, as also extend protection against arbitrary, discriminatory and unfair practices. The investments made by investors of the State are to be safeguarded against any expropriation and































































































































































































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