Bilateral Investment Treaty, 2016

Applicability:

The India Bilateral Investment Treaty, 2016 (the "BIT 2016")¹ significantly changed outlook towards investment treaty disputes. It contains 7 chapters into 38 articles. The BIT 2016 only applies to investments in existence as of the date of entry into force of this Treaty; and investments established, acquired, or expanded thereafter. The investments must qualify as being admitted in the host State in accordance with its law, regulations and policies as applicable from time to time. The protection of the BIT 2016 does not extend to pre-investment activities related to establishment, acquisition or expansion of any investment, or any law or measure regulating such activities. It also does not extend to events that occurred before the treaty was entered into force. The BIT 2016 does not include measures by local government in its ambit. Local governments include urban, local and rural bodies. An exclusion of the actions of local government from the scope