Model Text for the Indian Bilateral Investment Treaty, 2015: A Re-examination of the Provisions Defining Investment and Expropriation

This article was written in the wake of India's termination of its BITs in 2017 with several nations, including at least 22 EU countries, as a consequence of which new investments in and from concerned nations would no longer be governed by the investment treaties assigned between the Governments. However, India released a joint interpretative statement intending that the then existing treaties with nations that were unconcluded would be aligned with the 2015 Model BIT Text. Therefore, touching on this issue, two specific provisions from the 2015 Text were examined in light of their impact on foreign inbound investments in the Indian subcontinent.