BIT claims and investment-treaty arbitration strategy for foreign investors.
Foreign investors who suffer measures by the Indian State that breach investment protections - expropriation without compensation, denial of fair and equitable treatment, or discrimination - may have recourse to investment-treaty arbitration under an applicable bilateral investment treaty. India terminated many older BITs and adopted a Model BIT with a narrower scope and a local-remedies requirement, so the availability and route of such claims must be assessed carefully.
These are distinct from commercial arbitrations: they run against the State on the treaty standards and raise jurisdiction, admissibility and the exhaustion of local remedies. AMLEGALS advises foreign investors on whether a treaty claim is available, the local-remedies and notice requirements, and the strategy, and works with specialist treaty counsel on the conduct of the arbitration.
Identifying whether an applicable BIT exists and covers the investor and the investment.
Assessing the alleged breach against the treaty standards - expropriation, fair and equitable treatment, non-discrimination.
Advising on the local-remedies exhaustion and notice requirements before a claim.
Structuring the claim, jurisdiction and seat with specialist treaty counsel.
Managing the interaction between domestic proceedings and the treaty claim.
Advising on settlement and on the enforcement of any treaty award.
Where an applicable bilateral investment treaty covers the investor and the investment, and its conditions are met, yes. India has terminated many older BITs and its Model BIT narrows the scope and requires exhaustion of local remedies, so availability must be checked case by case.
Typically expropriation without adequate compensation, denial of fair and equitable treatment, discrimination and failure to provide full protection and security, within the treatys defined scope. The specific standards and carve-outs depend on the treaty text.
The Indian Model BIT and several treaties require a period of pursuing local remedies before a treaty claim. The precise requirement depends on the applicable treaty. AMLEGALS advises on the sequence and notice conditions before a claim is launched.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.
Share the key facts for a confidential preliminary assessment of your India matter.