Evaluating India’s Bilateral Treaty 2016 Model: Putting Pieces Together

Abstract

In this research paper, the author aims to study the BIT program of India with a little bit of more detail into the new Model BIT of 2016 and has divided the whole study into pre and post 2011. The paper also highlights the vital reasons which led to numerous investor-state dispute notices increasing in leaps. The paper also focuses on the major developments that took place after 2011 which caught the attention of the policy makers and academicians towards India’s extensive but highly skewed BIT program. These developments post 2011 were the major trigger that resulted into Indian government terminating as many as 59 BITs just to renegotiate these. The renegotiation is done on the terms of new Model BIT of 2016. By the end of the paper authors examine the factors that led to India not succeeding in persuading some of its cardinal treaty partners to agree to the new terms owing to huge policy gaps in the newly drafted treaty and what measures can be taken to do away with the loopholes. Furthermore, in support of the same, the authors conducted a survey by sending a structured questionnaire to relevant professionals and individuals belonging to various fields such as academics, legal practice, law research, judicial officers, organizations and so on and so forth. The results of the survey aided the authors in recommending suggestions projecting India’s stance in the global economic stage.