A Study On The National Treatment Of Foreign Investment Law In India

Since India’s Industrial Policy of 1991,the domestic investment environment has improved and the economy was booming.The Indian government has attracted a large amount of foreign direct investment through more preferential and liberal laws and policies to promote the country’s development and construction.Many industries in India are also in the forefront of the world,especially the information technology industry.Under the guidance of the "Go Abroad" strategy and the "The Belt and Road Initiative",India became one of the major investment choices of China.However,a series of restrictions on India’s foreign investment since 2020 have increased the risk of investing in India.For example,opaque national security review grounds such as"prejudicial to sovereignty and integrity of India,defence of India,security of state and public order" are used to restrict or prohibit the access of Chinese investors.Such treatments has madly hurt the investment motivation and investment confidence of Chinese investors.India’s unique legal system and legal environment are uncertain for Chinese investors.In order to prevent risks for investors who are going to invest in India,protect the existing rights and interests of Chinese investors,it is of great practical significance to analysis the treatment standards in the Indian foreign investment law and put forward countermeasures and suggestions for investors and the government.This article starts with the Indian Foreign Investment Law,and comprehensively combs it from both domestic and international legislation,covering all aspects that foreign investment may experience,such as investment access,operation,and exit.On this basis,it analyzes the treatment standards in the Indian Foreign Investment Law,especially the national treatment clause.This article will combine with the practice of investment disputes related to treatment rules under the Indian Foreign Investment Law,summarize and analyze how investors can protect their legitimate rights.Finally,through the practical disputes between Chinese investors and the Indian government,and on the basis of the above research,concluding that how the Chinese investors can better avoid the uncertainty of Indian foreign investment laws and the problems encountered by investors.At last,This article will put forward some suggestions on what measures can be taken to protect their rights and interests In the context of high-risk investment,and build legal risk prevention and protection mechanisms for investors.