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Govt contemplating sturdy model of BIT

19 Aug 2015 Evaluate

In a bid to fix shortcomings in existing pacts and negotiations with different countries, the government has decided that it will soon come up with a comprehensive model Bilateral Investment Treaty (BIT). The model BIT is expected to exclude matters relating to government procurement, taxation, subsidies, compulsory licences and national security. Furthermore, it is likely to keep out the provisions under which investor were permitted to initiate dispute claim proceedings against the government. India has so far signed 83 Bilateral Trade and Promotion Agreements (BIPA), of which 72 are in force.

As per the proposal, the model BIT is likely to include provisions to limit power of tribunal to award monetary compensation to an aggrieved investor. An aggrieved investor according to proposal will have to exhaust all local remedies before initiating international arbitration. The changes are aimed at providing balanced investor protection within the overall framework of country.

The model text will be used for renegotiating the BITs and will form basis for new investment protection treaties. The revised text will ensure non-discriminatory and national treatment to overseas investors.

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