INVESTOR-STATE DISPUTE RESOLUTION
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Abstract
The last few decades have seen Bilateral Investment Treaties (BITs) becoming an important part of international investment relations. BITs have a great impact in influencing formulation of international public policy. By far the economies have become far more protectionist and regulation-centric. Sustainable development of the host State has begun to take fore amid capital-gaining activities of foreign direct investors. With rising State regulation in diverse areas such as public health, environment, economic reforms and security amongst others, international investment treaty law is striving to balance investor protection with State interests. Further, the diminishing distinction between traditionally capital-importing and capital exporting States has called for a re-look at BITs and investment protection standards. Resultantly, reactions to BITs are now changing, with some countries moving towards denunciation. The Indian BIT Model regime has undergone an enormous change after having signed the first BIT with United Kingdom in 1994 to the Model BIT 2016.
This paper maps out the landscape of Bilateral Investment Treaty in India. Thereafter, it discusses the India Model BIT 2016 to inform the new era of investment treaty arbitration and attempts to identify the dispute settlement mechanism along with the challenges for India distinct from the global landscape of BITs.
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