Skip to content

India’s Bilateral Investment Treaty Framework: Gaps and Fixes

10 March 20251 min read
ECONOMYIndia’s BilateralInvestment TreatyFramework: Gapsand Fixes10 March 2025safalsetu.com

Why in the news

Experts say India’s current BIT framework, drafted to avoid disputes like Cairn Energy and Vodafone, is too restrictive for investors.

Key facts

  • Investors cite legal unpredictability and restrictive dispute resolution.
  • Local remedies must be exhausted for five years before international arbitration.

Problems and fixes

IssueSuggested fix
Long local remedy ruleFork in the Road (FITR) clause or shorter exhaustion
Narrow enterprise-based investment definitionBroader asset-based definition
No MFN clause (to stop treaty shopping)MFN for substantive, not procedural, protection
No Fair and Equitable Treatment standardBalanced FET, as in EU treaties
No ESG provisionsCalibrated ESG approach
Instability after 2016Transparent stakeholder consultation

Way forward

  • Reform with balance, not a return to the pre-2016 investor-heavy stance.

Exam angle

  • Abbreviations: BIT, MFN, FET, FITR, ESG.

Test yourself

1. How many BITs did India conclude under its 2015 model BIT, according to the notes?

Only five agreements followed the 2015 model.

2. How many BITs did India abruptly terminate in 2016?

The abrupt termination of 77 BITs in 2016 caused uncertainty.

3. Which clause lets an investor pick either domestic courts or international arbitration, suggested for India's BIT?

A Fork in the Road (FITR) clause is proposed to boost confidence.