India and Bilateral Investment Treaties -- A Changing Landscape

29(2) ICSID Review (2014), 419-450

Posted: 22 Apr 2014 Last revised: 27 Mar 2016

Date Written: November 22, 2013

Abstract

This article examines the origin, evolution and current status of the Indian Bilateral Investment Treaty (BIT) programme. India launched its BITs programme in 1994 as part of its overall strategy of economic liberalization. To date, India has entered into more than 80 BITs. However, India’s BIT programme didn’t receive much attention until recently when numerous foreign investors brought BIT claims against India challenging various regulatory measures such as cancellation of telecom licences and imposition of retrospective taxes. This sudden gush of BIT claims has put the focus on India’s BIT programme. It has triggered concerns about Indian BITs not balancing investment protection with India’s regulatory power, thus compelling India to re-think its BIT programme.

Suggested Citation

Ranjan, Prabhash, India and Bilateral Investment Treaties -- A Changing Landscape (November 22, 2013). 29(2) ICSID Review (2014), 419-450, Available at SSRN: https://ssrn.com/abstract=2427568

Prabhash Ranjan (Contact Author)

South Asian University ( email )

Akbar Bhawan
Chankyapuri
Delhi, WA
India

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