The Aftermath of India's 2016 Model BIT : Safeguarding Present and Future Investments

- Mathew Hodgson and Saniya Sharma

This article undertakes a comparative analysis of the restructuring  options available to both Indian and non-Indian investors under India’s new Model Bilateral Investment Treaty (‘BIT’), following the termination of 58 Indian BITs in early-2017. The article analyses the substantive protections afforded to investors under the new Model BIT, its pro-state tilt, and how this endangers foreign investment in India and investment made by Indians abroad. The article then undertakes a critical discussion of potential restructuring options investors can resort to so as to ensure favourable legal protections and some of the challenges of these alternatives, e.g., abuse of process and denial of benefits.