Why the success of bilateral investment treaties need not pivot on provisions for foreign arbitration
India is revamping its model Bilateral Investment Treaty (BIT) to attract foreign and domestic investment. The text argues that traditional BITs with Investor-to-State Dispute Settlement (ISDS) are not crucial for FDI and have led to costly disputes. India's past experience shows economic liberalization, not BITs, drove FDI, and terminating BITs didn't harm flows. Internal reforms, rationalized regulations, and policy stability are paramount. The article advocates adopting Brazil's model, which eschews ISDS for internal dispute resolution via an ombudsman and state-to-state arbitration. This approach fosters investor confidence without the risks and discrimination of ISDS, ensuring a welcoming and dispute-preventing investment environment.
LiveMint · R.V. Anuradha, Piyush Joshi · Aug 25, 2026 at 8:30 AM