​Bilateral Investment Treaties: India’s Approach and Concerns

India's approach to Bilateral Investment Treaties (BITs) has undergone significant changes in recent years, reflecting a shift towards greater caution and a focus on preserving regulatory sovereignty while still attracting foreign investment.

India's Revised BIT Model

Model BIT, 2015

  • In response to several arbitration cases brought against it, India introduced a revised Model BIT in 2015. This model includes several changes aimed at balancing investor protection with the government's right to regulate. Key features include:
  • Definition of Investment: A more precise definition to avoid claims from speculative or indirect investments.
  • Exhaustion of Local Remedies: Investors are required ....
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