Reflections on Dispute Resolution Provisions of the Indian 2015 Model Bit - Demonstrating a Protectionist Approach
Article from: TDM 2 (2018), in India
India released a new model Bilateral Investment Treaty (BIT) in 2015 replacing the former 2003 version which will serve as a template for India's BIT negotiations with other countries. The new model attempts to safeguard the Host State's interest and narrows the protection guaranteed to investors in the aftermath of the adverse award against India in the White Industries case and the subsequent battery of investment claims filed against India. This model provides for an elaborate dispute resolution mechanism which forms the subject matter of analysis of this paper. The paper criticises ...