As reported in our recent blog post here, India has recently released a draft “Model Text for the Indian Bilateral Investment Treaty” (“Model BIT“). Head of the India Arbitration Practice, Nick Peacock was invited to comment on the Model BIT for CNBC TV18's The Firm, India's only television programme covering corporate law, M&A, financial regulation, tax and audit matters.
In the interview, Nick discusses a number of the provisions in the Model BIT, including the potentially broad scope of the exclusions which could impact the protection offered to investors, the removal of the "Most-Favoured Nation" provision found in India's 2003 Model BIT and in many hundreds of bilateral investment treaties entered into across the globe, and the more limited national treatment provisions. Nick also comments on the implications of the Model BIT for Indian investors seeking protection for their investments outside India.
The programme can be accessed here.
To discuss the implications of the Model BIT or investment protection more generally, please contact Nick Peacock, Partner, or your usual Herbert Smith Freehills contact.