Abstract
The landscape of investment protection has changed significantly during the last 10 to 15 years and one of the latest shifts concerns the new Indian Model BIT which was finalised in 2016. The trade and investment relations between India and the European Union and its Member States has been stalled for many years under the framework of the Broad-based Trade and Investment Agreement (BTIA), but the latest shift brought a new dynamic into the relationship.
The EU has been confident with its approach developed in the context of Transatlantic Trade and Investment Partnership (TTIP), however, it is now facing the Indian government which is determined to promote its new model bilateral investment treaty and negotiations with the individual EU Members States. The complex situation resulted in termination of existing treaties and left an undesirable gap in investment protection for the EU as well as for Indian foreign investors.
This article analyses the latest developments of the interplay and argues that both sides should explore the possibility of a compromise between their not entirely irreconcilable approaches