Comparing Investment Provisions in India's FTAs with India's Stand-Alone Bits: Contributing to the Evolution of New Indian Bit Practice
16 The Journal of World Investment and Trade (2015), 899-930
32 Pages Posted: 8 Feb 2016 Last revised: 15 Jun 2020
Date Written: November 5, 2015
Rising investment treaty arbitration claims against India have resulted in India taking first steps towards a new investment treaty practice. This article argues that this practice should aim at reconciling investment protection with investment regulation. By comparing the formulation of key jurisdictional and substantive provisions in India’s stand-alone bilateral investment treaties (BITs) with those in investment chapters in India’s free trade agreements (FTAs), this article shows that formulations in FTAs investment chapters often present a better textual basis to reconcile investment protection with investment regulation. This could be made part of India’s new investment treaty practice. The article also assesses the provisions in the 2015 draft Model Indian BIT and concludes that the draft tilts the balance too much in favour of the host State’s regulatory power.
Keywords: BIT, India, FTAs
JEL Classification: F20, F21
Suggested Citation: Suggested Citation