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India’s 2016 Model Bit And UNCITRAL ISDS Reform: Compatibility, Sovereignty And Influence

Oct 8
1 min read



Makwana Hempallavi Govindbhai, LLM, Gujarat National Law University, Gandhinagar.


ABSTRACT


Investor-State dispute settlement (ISDS) has become the subject of growing scrutiny over regulatory autonomy, procedural efficiency, adjudicatory legitimacy and the balance between investor protection and State sovereignty. The Model Bilateral Investment Treaty (BIT) of 2016 represents a significant modification of its investment-treaty policy through narrower substantive protections, increased regulatory safeguards and conditions for access to international arbitration. In parallel, the UNCITRAL Working Group III has embarked on a comprehensive reform agenda addressing procedural, institutional and dispute-prevention concerns within ISDS. This paper compares the compatibility between these two approaches, focusing on local remedies, dispute prevention, regulatory autonomy and adjudicatory legitimacy. It argues that the two frameworks demonstrate partial functional convergence but differ significantly in substantive treaty design and institutional architecture. The paper also distinguishes convergence from influence, assessing India’s participation in reforming multilateral system, alongside developments in its post-2016 treaty practice.


Keywords: Model Bilateral Investment Treaty, UNCITRAL ISDS Reform, Compatibility, Sovereignty, Influence.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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