A COMPARATIVE ANALYSIS OF REGULATORY FRAMEWORK RELATING TO FOREIGN INVESTMENTS IN INDIA, UK AND USA
The regulatory framework for foreign investments exists within municipal legal structures. States exercise their sovereignty through the implementation of domestic laws regulating foreign investment. These laws are based on international conventions such as the ICSID Convention3, the New York Convention4, and UNCITRAL5. The authors will endeavour to examine the legal systems of the United Kingdom, the United States of America, and India, with a particular focus on the primary provisions for foreign investment regulation. The authors have identified five fundamental criteria for the analysis of the regulatory framework: the Law for Implementing the ICSID Convention, the Law for Implementing the New York Convention, the Law for Conducting Non-ICSID Convention Arbitrations, and the Law for Regulating Internal and External Investments. The authors will also analyse the legal framework under FEMA, 1999, and highlight some important points from India's consolidated FDI policy 2020, which intended to facilitate foreign investment in India. By analysing the regulatory frameworks of other states, the author has attempted to make recommendations for the improvement of India's regulatory framework.
Foreign Investment, New York Convention, ICSID Convention, UNCITRAL Model Law, FEMA 1999, FDI Policy