Draft Indian Model Bilateral Investment Treaty Text

Draft Indian Model Bilateral Investment Treaty Text
Last Date Apr 11,2015 12:00 PM IST (GMT +5.30 Hrs)
Submission Closed.

The objective of the Indian Model Bilateral Investment Treaty text is to provide appropriate protection to foreign investors in India and Indian investors in the foreign country, ...

The objective of the Indian Model Bilateral Investment Treaty text is to provide appropriate protection to foreign investors in India and Indian investors in the foreign country, in the light of the relevant international precedents and practices, while maintaining a balance between the investor’s rights and the Government obligations. The model text will form the basis for negotiations with other countries.

Comments/suggestions are invited on the draft text.

The last date for submission of your comments is 11th April, 2015, 12:00 noon.

Model Text for the Indian Bilateral Investment Treaty

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Gus Van Harten 5 years 4 months ago

I offer this specific comment on the duty to exhaust local remedies in Article 14.3. I do not think the duty will be applied as expected by arbitrators. In the similar situation of parallel treaty claims pursuant to a fork-in-the-road clause or contractually agreed forum, arbitrators have regularly applied the exacting "triple identity" test to avoid such clauses and forums. Thus, they have allowed parallel claims under the treaties unless the other claim related to... [continued in next post].