India and Brazil conclude negotiations of Bilateral Investment Treaty

As previously noted in April 2015, India amended its model bilateral investment treaty (the Indian Model BIT) and has reportedly been deploying it in recent months to seek to re-negotiate bilateral investment treaties (BITs) with over 47 countries (see previous post of July 2016). One of these negotiations was with Brazil, a country historically known for not having any BITs in force, despite signing several in the 1990s. A specialised news source (Investment Arbitration Reporter) has now reported the conclusion of negotiations between India and Brazil culminating in a near-final treaty between the two nations.1]

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Head of India Arbitration Practice, Nick Peacock, comments on India’s draft Model BIT 2015 for CNBC TV18’s “The Firm”

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.

Nicholas Peacock
Nicholas Peacock
+44 20 7466 2803

Leaked Investment Chapter of the TPP: broad similarities to the US Model BIT, a nod to the ongoing debate and some outstanding issues

On 25 March the 20 January 2015 working draft of the Investment Chapter of the Trans-Pacific Partnership (TPP) was posted on Wikileaks. (There may be later drafts not yet publicly available, but this is the best guide yet to what is coming.) As discussed in our earlier article here, the investment protection and Investor-State dispute settlement (ISDS) provisions of the TPP have proved to be one of the most contentious elements of the agreement and a major battleground in the negotiations, particularly between the United States and Canada.

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