The Role of India’s Investor–State Disputes in Shaping India’s Investment Treaty Policy

India is a leading destination for foreign investment. India has traditionally relied on investment treaties, whether standalone bilateral investment treaties (BITs) or investment chapters of trade agreements, as a vehicle to draw in foreign investment. However, over time, India emerged as the sixth most frequent respondent state in investor–state disputes. The outcome of the White Industries case influenced India’s Model BIT of 2015. In addition, the challenge to India’s retrospective tax measures and the cancellation of Telecom licences have profoundly impacted India’s investment treaty policy. This chapter explores how the various investment disputes against India, over the last decade, have shaped its investment policy, especially India’s approach to negotiating BITs or investment chapters in trade agreements.