Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • Hamas Confirms Yahya Sinwar Killed By Israel, Won’t Free Hostages Until…
    Hamas Confirms Yahya Sinwar Killed By Israel, Won’t Free Hostages Until… World
  • 2 Pak Nationals Among 3 Arrested By UP Cops For Planning Terror Activities
    2 Pak Nationals Among 3 Arrested By UP Cops For Planning Terror Activities Nation
  • Access Denied World
  • LIC sells over 2% stake in Sun Pharma for ₹4,699 crore
    LIC sells over 2% stake in Sun Pharma for ₹4,699 crore Business
  • Formula One | A fortnight of fine margins: How Austria and Silverstone reset the tussle for the title
    Formula One | A fortnight of fine margins: How Austria and Silverstone reset the tussle for the title Sports
  • Trump says it is time to get rid of U.S. Senate’s filibuster custom
    Trump says it is time to get rid of U.S. Senate’s filibuster custom World
  • BJP After CBI Gets Kolkata Doctor-Rape Murder Case
    BJP After CBI Gets Kolkata Doctor-Rape Murder Case Nation
  • Telangana Cabinet decides to conduct last rites of bus accident victims in Saudi Arabia
    Telangana Cabinet decides to conduct last rites of bus accident victims in Saudi Arabia World
A BIT of a reset, with a wider debate

A BIT of a reset, with a wider debate

Posted on September 4, 2026 By admin


It has been widely reported that India is revising its model bilateral investment treaty (BIT) and that the revised text will soon be placed before the Union cabinet. The seeds of this were sown when Finance Minister Nirmala Sitharaman said in the Union Budget speech in 2025, that India was considering revamping its 2015 Model BIT. The treaty was adopted as part of a broader appraisal process launched after several foreign investors sued India for BIT breaches. The two key outcomes of this appraisal were the unilateral termination of BITs and the adoption of a new model BIT as the basis to launch new negotiations.

A model that is out of balance

In the last decade or so, India has managed to conclude only a handful of BITs based on its 2015 model. This reveals the many limitations of the 2015 model, which many scholars, including this writer, have repeatedly pointed out. If investment treaties aim to balance the two competing objectives of investment protection (one end of the spectrum) and the state’s right to regulate (the other end), the Indian model BIT tilts heavily towards the latter. This creates doubts among countries that export capital to India about the legal protection afforded to their investments. These doubts are exacerbated by high regulatory risks, not-so-well-developed governance models, and an agonisingly tardy judicial system. As these concerns have grown louder, India has rightly decided to revisit the model, apparently with the objective of pulling the pendulum back towards the centre.

Any process of review of BITs has two core components. The first is on what substantive and procedural changes need to be made to the law; and the second is about what processes need to be followed to ensure the robustness of the outcome. The first aspect has attracted considerable attention, with experts pointing out the necessary legal reforms, such as making it easier for foreign investors to use international arbitration for treaty claims, enhancing the substantive protections for foreign investment, and having more investment facilitation measures. However, the second issue has not been deliberated much.

Concerns about democratic deficit

Since international economic treaties, including those on foreign investment, have a conspicuous impact on citizens, it brings into play the all-affected principle in democracy. In other words, whether those affected by, say, an investment treaty should have a right to participate in decision-making. If those affected are not able to participate effectively in decision-making, say, through their elected representatives or other civil society organisations, it raises concerns about ‘democratic deficit’ in the treaty-making process. Originating in debates in Europe, ‘democratic deficit’ refers to the insufficient oversight of technocrats and bureaucracies, or the executive in general, including the political executive, who negotiate and evolve treaty frameworks behind closed doors. The lack of oversight may take many forms, such as a lack of or inadequate parliamentary supervision of the treaty-making process, and an absence of an external consultative process with other stakeholders, including subject-matter experts and civil society organisations.

To overcome the charge of ‘democratic deficit’, many countries, such as the United Kingdom and Australia, mandatorily place the text of the negotiated treaty before ratification on the floor of the Parliament, enabling it to express its views. Specifically, in the context of model BITs, Norway held two rounds of public consultations — in 2008 and 2015 — on an updated draft. Likewise, Colombia released its model BIT for public consultation. India, too, in March 2015, circulated its draft 2015 model BIT for public comment. This provided an opportunity for the Law Commission of India (LCI) to assemble a team of experts to study the draft model BIT. The LCI, in its 260th report, made recommendations on how to improve the draft model BIT. India finally adopted the revised version in December 2015, though not all of the LCI’s recommended changes were reflected in it.

Have a consultative process

Presumably, the government must have already undertaken widespread internal consultations, i.e., intra-governmental deliberations on the model BIT. As regards external consultation, the following may be considered. First, form a core team of experts, external to the government, who have demonstrated proficiency in international investment law or foreign investment, and engage with them. This would ideally include international lawyers and economists drawn from universities, research institutions and think tanks. This core team could act as the sounding board for the government. Second, invite industry bodies, arbitrators, law firms, and other civil society organisations to offer their views on the model BIT.

Following these first two steps, the third step will be to prepare a draft and place it in the public domain, inviting comments from the public at large, as done in March 2015. In the fourth step, or simultaneously, the draft model BIT should be placed on the floor of Parliament for discussion. The relevant department-related parliamentary committees can also be roped in for the same. Most notably, this consultative process should not be carried out merely as a box-ticking exercise, but as a meaningful activity that upholds the spirit of participatory democracy, which would necessarily include engagement with dissenting views.

Prabhash Ranjan is Professor and Vice Dean (Research), Jindal Global Law School, and was part of the team of experts assembled by the Law Commission of India to study the 2015 draft model bilateral investment treaty (BIT)

Published – September 05, 2026 12:08 am IST



Source link

Business Tags:adoption of a new model BIT, Finance Minister and Union Budget speech in 2025, impact on citizens, India and revision of its model bilateral investment treaty, international economic treaties, intra-governmental deliberations on model BIT, Law Commission of India, legal protection afforded to investments, revamping its 2015 Model BIT, text of the negotiated treaty and ratification on floor of Parliament, unilateral termination of BITs

Post navigation

Previous Post: Congress MLA Ramya Haridas hospitalised after late-night fracas at party colleague’s house
Next Post: Tenure of TDB Chief Vigilance and Security Officer extended until January 2027, State informs Kerala High Court

Related Posts

  • Sensex, Nifty decline in early trade on foreign fund outflows
    Sensex, Nifty decline in early trade on foreign fund outflows Business
  • Budget 2024 | FM cuts allocations to Labour Ministry, workers’ social security
    Budget 2024 | FM cuts allocations to Labour Ministry, workers’ social security Business
  • Access Denied Business
  • Markets decline in initial trade dragged by bank, IT stocks
    Markets decline in initial trade dragged by bank, IT stocks Business
  • Industrial output grows 5.2% in November
    Industrial output grows 5.2% in November Business
  • Passenger Vehicle sales stay strong in May; Maruti, Kia hit record highs
    Passenger Vehicle sales stay strong in May; Maruti, Kia hit record highs Business

More Related Articles

Vodafone Idea Q3 net loss narrows to Rs 6,609 crore Vodafone Idea Q3 net loss narrows to Rs 6,609 crore Business
After govt. pulls up private firms on investment, CII says capex grew 67% in September 2025 After govt. pulls up private firms on investment, CII says capex grew 67% in September 2025 Business
Markets bounce back in early trade on firm global trends; buying in ITC, Reliance Markets bounce back in early trade on firm global trends; buying in ITC, Reliance Business
Access Denied Business
HDFC AMC allowed to acquire aggregate holding of upto 9.5% each in 5 banks HDFC AMC allowed to acquire aggregate holding of upto 9.5% each in 5 banks Business
Sensex, Nifty extend gains for 3rd day on strong global cues, lower U.S. inflation Sensex, Nifty extend gains for 3rd day on strong global cues, lower U.S. inflation Business
SiteLock

Archives

  • September 2026
  • August 2026
  • July 2026
  • June 2026
  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • Tenure of TDB Chief Vigilance and Security Officer extended until January 2027, State informs Kerala High Court
  • A BIT of a reset, with a wider debate
  • Congress MLA Ramya Haridas hospitalised after late-night fracas at party colleague’s house
  • Delhi SIR: notices for over 33 lakh people to be issued only in English
  • CMRL to get last train of its fleet for corridor 4 of Phase II network soon

Recent Comments

  1. DexterGaito on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. AlfredoTuh on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. Curtisnoult on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. Marionlem on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. GoodiniAbelp on UP Teacher Who Asked Students To Slap Muslim Classmate
  • One dead, dozens injured in Russian strikes on Ukraine’s Pavlograd
    One dead, dozens injured in Russian strikes on Ukraine’s Pavlograd World
  • Extreme heat tests India’s record milk production
    Extreme heat tests India’s record milk production Business
  • On Camera, Two Planes Collide At Portugal Beja Air Show, Pilot Dead: Report
    On Camera, Two Planes Collide At Portugal Beja Air Show, Pilot Dead: Report World
  • Taking away Fukushima’s melted nuclear gas will likely be tougher than the reduce of plant’s wastewater
    Taking away Fukushima’s melted nuclear gas will likely be tougher than the reduce of plant’s wastewater Science
  • ParSEC Whitefield in Bengaluru is a science museum where anyone can innovate anything
    ParSEC Whitefield in Bengaluru is a science museum where anyone can innovate anything Science
  • Pakistan: Unknown gunmen kill 3 militants in Peshawar
    Pakistan: Unknown gunmen kill 3 militants in Peshawar World
  • U.S. says it interdicted and boarded vessel defying Trump’s quarantine
    U.S. says it interdicted and boarded vessel defying Trump’s quarantine World
  • Indian space programme breaks into 2025 on ‘mission mode’
    Indian space programme breaks into 2025 on ‘mission mode’ Science

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.