Abstract

Lack of transparency in investor-State dispute settlement (ISDS) proceedings has been a major concern for quite some time. Efforts at different levels have been made to boost procedural transparency in ISDS proceedings either by reforming the rules of institutionalised arbitrations or by incorporating provisions to improve procedural transparency in ISDS in the newer generation bilateral investment treaties (BITs). This article discusses procedural transparency in the ISDS provisions in the Indian Model BIT under three heads - public access to ISDS-related documents; public access ...