Host Centered to Mutual Compromise: A Comparative Analysis of the Indian Model BIT and India-Brazil Investment Cooperation and Facilitation Treaty
Michelle D'Souza, Jindal Global Law School, Sonipat & Anoushka Shetty, Government Law College, Mumbai
Abstract
India’s progression from the ambiguous 2003 Model BIT to the unequivocal 2016 model signified a shift in its approach to investment treaties from an investor-friendly model to a host-centric model. Amidst this novel investment landscape, this paper seeks to critically trace the shift in the paradigm structure of BITs. The conflicting themes analysed in this paper, first examines the 2016 provisions aimed at protecting the interest of the host state and correlates these provisions to those in the India-Brazil Investment Cooperation and Facilitation Treaty (ICFT) which contravenes the purpose of the 2016 Model. The ICFT is also distinctive for being India’s first digression from the 2016 Model. The paper chiefly seeks to analyse how analogous the 2016 Model BIT is to the 2020 India- Brazil treaty.
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