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In the evolution from protectionism to liberalisation, while member states of WTO have generally agreed to liberalise their respective trade barriers, States do possess some leeway when it comes to the ‘essential security' exceptions.
FEMA is the law governing cross-border transactions, including share capital infusions in companies abroad. Casual investments in foreign companies are not fatal and are rectifiable.
The usual scenario which has played out over a long period of time, whenever there arises a claim out of an investor-state dispute, is that the parties to the dispute tend to immediately move towards arbitration as the mode of dispute settlement.
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