India Reduces Arbitration Timeline in UAE Investment Pact Expanding Scope to Portfolio Investments

New Delhi, Oct 8 (KNN) In a significant shift, India has shortened the time frame for foreign investors to seek international arbitration from five years to three under its newly signed Bilateral Investment Treaty (BIT) with the United Arab Emirates (UAE).

This is a notable departure from India’s standard model BIT, which typically offers a five-year period for resolving disputes through domestic courts before international arbitration becomes an option.

The agreement, signed on February 13 in Abu Dhabi and effective from August 31, marks a new phase in India-UAE investment relations, replacing the previous pact. One of the most impactful changes is the inclusion of shares and bonds as protected investments.

 Traditionally, India's model BIT only safeguarded foreign direct investments (FDI), excluding portfolio investments such as stocks and bonds.

This expansion in scope broadens the protections available to investors and opens the door for those with passive financial holdings to access arbitration under the Investor-State Dispute Settlement (ISDS) mechanism.

Union Commerce and Industry Minister Piyush Goyal highlighted the advantages of the treaty during a high-level joint task force meeting with UAE officials.

"The BIT will provide a predictable and stable framework, helping both Indian and UAE investors resolve any disputes fairly and efficiently," Goyal said, emphasising its role in boosting investor confidence and facilitating a stable tax regime.

However, some experts express concerns about the shortened arbitration window. According to the Delhi-based Global Trade Research Initiative (GTRI), the reduction to three years might limit India’s capacity to resolve disputes through its judicial system, pushing more cases to international arbitration.

Moreover, the inclusion of portfolio investments increases India’s exposure to disputes over financial instruments, some of which may not significantly contribute to economic growth.

The Ministry of Finance, while announcing the pact, reassured that the BIT balances investor protection with the government’s right to regulate, ensuring ample policy space for the state.

With the UAE being India’s seventh-largest source of FDI, contributing approximately $19 billion between 2000 and 2024, the pact is expected to enhance bilateral investments and economic cooperation.

As India negotiates BITs with other countries and regions, including the United Kingdom and the European Union, this agreement may set a precedent for similar terms in future treaties.

(KNN Bureau)