India’s new Model BIT is a response to the considerable concerns expressed by various sovereign states and civil society on the impact of Investor-State Dispute Settlement mechanism in affecting State autonomy and regulatory freedom. As a large
developing country with a rising economy, the Indian experience offers the need to carefully circumscribe investor protection mechanisms especially considering the political and administrative governance challenges India has. The paper while arguing
that the Indian experience offers one so ution to balancing investor protection and state sovereignty, it reminds the concerned stakeholders of the challenges in negotiating or renegotiating India’s treaties based on the new Model BIT.

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