Law4u - Made in India

How Does India Handle International Investment Agreements (IIAs)?

Answer By law4u team

International Investment Agreements (IIAs) are treaties between countries that establish the terms and protections for foreign investments. India has historically been an active participant in IIAs, especially Bilateral Investment Treaties (BITs), but in recent years, it has recalibrated its approach to balance attracting foreign investment with protecting its regulatory space and economic sovereignty.

India’s Approach to Handling IIAs

Review and Termination of Old BITs

Since 2016, India has reviewed many older BITs to address concerns about excessive investor privileges and dispute resolution mechanisms that could undermine India’s regulatory autonomy. India has terminated or is renegotiating several BITs.

Adoption of a New Model BIT

India introduced a new Model BIT in 2016 and revised it in 2020, focusing on ensuring investors’ protection while safeguarding India’s right to regulate in public interest sectors such as health, environment, and security.

Cautious Negotiation of New Agreements

India now takes a cautious stance in negotiating new IIAs, ensuring that agreements align with its developmental goals and protect its policy space.

Investor-State Dispute Settlement (ISDS) Reform

India is critical of ISDS provisions in traditional BITs due to concerns about frivolous claims and has been pushing for reforms to make dispute settlement more transparent and balanced.

Promoting Investment Facilitation and Sustainable Development

India emphasizes agreements that encourage sustainable development, corporate social responsibility, and investment facilitation rather than just protection.

Multilateral and Regional Engagements

India engages in multilateral forums and regional trade agreements incorporating investment chapters that reflect its balanced approach.

Example

Scenario:

A foreign investor files an ISDS claim against India for a policy change affecting mining regulations.

India’s Response:

Legal Defense:

India defends its right to regulate in the public interest under its new Model BIT provisions.

Policy Review:

India reviews existing IIAs and considers whether to renegotiate terms with the investor’s country.

Dispute Resolution Engagement:

India participates in dispute settlement, emphasizing fair and transparent processes.

Outcome:

India asserts its regulatory autonomy while maintaining an investment-friendly environment.

Conclusion

India’s handling of International Investment Agreements reflects a strategic balance between attracting foreign investment and preserving its economic sovereignty and public interest regulatory space. Through reforms and cautious negotiations, India aims to create a fair, transparent, and sustainable investment framework.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Jitendra Kumar Rai

Advocate Jitendra Kumar Rai

Consumer Court,Criminal,Anticipatory Bail,Civil,Banking & Finance,

Get Advice
Advocate Ramanjini K

Advocate Ramanjini K

Anticipatory Bail, Banking & Finance, Cheque Bounce, Criminal, Divorce, Family, Landlord & Tenant, Motor Accident, Property, Recovery, Succession Certificate, Wills Trusts, Civil, Domestic Violence, Muslim Law

Get Advice
Advocate Mukesh Singh

Advocate Mukesh Singh

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Muslim Law, Property, Succession Certificate, Documentation

Get Advice
Advocate Gottumukkala Lakshmaiah

Advocate Gottumukkala Lakshmaiah

Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Divorce, Documentation, GST, Domestic Violence, Family, Landlord & Tenant, Media and Entertainment, Motor Accident, Medical Negligence, Muslim Law, Recovery, Property, Patent, RERA, Startup, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Neeraj T Narendran

Advocate Neeraj T Narendran

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Civil, Criminal, Cyber Crime, Domestic Violence, Family, Motor Accident, High Court, NCLT, RERA, Property, Media and Entertainment, Customs & Central Excise, Cheque Bounce, Recovery

Get Advice
Advocate Sanjay Kustwar

Advocate Sanjay Kustwar

Anticipatory Bail, Armed Forces Tribunal, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Renu Ranvijay Ojha

Advocate Renu Ranvijay Ojha

Anticipatory Bail,Criminal,Cyber Crime,Divorce,Family,

Get Advice
Advocate Aniket Suryakant Pawar

Advocate Aniket Suryakant Pawar

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Family, High Court, Domestic Violence, Bankruptcy & Insolvency, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, NCLT, Patent, Property, Recovery, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice

public international law Related Questions

Discover clear and detailed answers to common questions about public international law. Learn about procedures and more in straightforward language.