As we brace to face a global economic slowdown and plummeting
GDPs, the flow of FDI across the globe offers a somewhat sanguine
picture. The economy appears to be accommodating to FDI, suffice to
maintain a churn in investments, State regulatory policies,
investor-State disputes and the quest to devise effective
resolution mechanisms.
India is one among the top 10 countries for inbound FDI, and
soon to be among top 20 for outbound FDI. We have assessed Indian
FDI policies and their efficacies in various posts at Nishith
Desai. As we enter 2020, let us look at the investor-State dispute
scenario in India in 2019 under bilateral investment treaties
(BITs) and Indian courts, with a brief recap of 2018. This article
seeks to cater to foreign direct investors who have made
investments into India, and are anticipating or facing measures
from the Indian government that could affect the value of their
original investment.
