India and Bilateral Investment Treaties--A Changing Landscape

Prabhash Ranjan

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International Arbitration and Investment Law International Business and FDI International Law and Aviation

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.

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2017The Political Economy of the Investment Treaty Regime 2014Using the Public Law Concept of Proportionality to Balance Investment Protection with Regulation in International Investment Law: A Critical Reappraisal 2017Reconceptualizing International Investment Law from the Global South

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