Published on : 11 Nov 2025, 12:49 pm 5 min read

Bilateral Investment Treaties (BITs) offer foreign investors a framework of legal safeguards devised to advance cross-border investment. Primary among these safeguards is access to investor–state dispute settlement (ISDS), usually through international arbitration.

In the context of Indian BITs, investors frequently face the reality that obtaining a favourable arbitral award may only be the beginning of a significantly more complex and challenging enforcement process.

This article aims to offer a balanced examination of the limitations surrounding the enforcement of BIT awards against the Indian State. It considers key factors such as India’s decision not to sign the International Centre for Settlement of Investment Disputes Conven

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