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Freedom251 › Blog › Bilateral Investment Treaty

India’s New BIT Template Awaits Cabinet Approval; Three Treaties Are a Conditional Target

By Freedom251 Team · · 3 min read

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Finance Minister Nirmala Sitharaman said on October 5, 2026, that a revised Indian Model Bilateral Investment Treaty (BIT) template was expected to receive Cabinet approval shortly. She also said India hoped to conclude at least three more investment treaties by December if negotiations went well. Neither the Cabinet approval nor the three treaty conclusions had been confirmed in the available reporting as of October 7, 2026.

What has been announced—and what has not

Sitharaman’s remarks describe expected next steps, not completed milestones. Moneycontrol reported her saying, “We have a new template that will be approved shortly.” The report did not confirm that the Cabinet had approved it. Moneycontrol’s October 5 report also quoted her conditional target: “I would think by December if things go well we should conclude BITs with atleast 3 more countries.”

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That is a government target dependent on negotiations, not a confirmed timetable or a count of signed agreements. The report does not identify which countries make up the three-treaty target.

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What a BIT and a model treaty do

A bilateral investment treaty sets terms for promoting and protecting covered investments between two countries. A model BIT is a government’s standard negotiating text or baseline for future agreements; approval of the model would not itself mean that India had agreed or signed a treaty with any particular country.

India’s existing model was approved in 2016. The Prime Minister’s Office describes it as aiming to protect foreign investors while balancing the government’s obligations. Its stated features include an enterprise-based definition of investment, national treatment, protection against expropriation, and a requirement to pursue local remedies before international arbitration. It also describes limits and exclusions, including for government procurement, taxation, subsidies, compulsory licences and national security. The official description of the 2016 model is background on that text, not evidence of what the proposed revision contains.

Why the new template is being prepared

Moneycontrol reported that the government had worked on the new template for about a year and a half. Sitharaman characterized the 2016 framework as one that “does not deliver much good for us”; that is her assessment, not an independently measured finding. She said the new text drew on elements from more recent agreements, naming Saudi Arabia, the United Arab Emirates and Oman.

The revised template itself was not available in the cited sources. Its proposed clauses therefore cannot be reliably compared with the 2016 model. A substantive comparison would need to examine the definition of covered investment, protection standards, regulatory exceptions, dispute procedures and remedies in both texts.

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Which negotiations are mentioned

Moneycontrol reported that India was negotiating with Canada and Russia, among others, while the new model awaited Cabinet consideration. The report said Canada talks had begun using elements likely to be approved and could conclude by December or early 2027, depending on progress. That is a separate possibility; the report does not say Canada is necessarily one of the three countries in the minister’s target.

An earlier Indian Express report from September 25, 2026, attributed to a senior government official a projection of four to five deals, including Canada. That earlier projection is not the same as Sitharaman’s later conditional target of at least three treaties, and the two figures should not be treated as a single commitment.

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Negotiation, conclusion, signature and entry into force are different

Reporting that talks are underway does not establish that the parties have concluded or signed an agreement. Nor does signature necessarily mean that a treaty is already in force. India’s treaty register lists the India-Israel Bilateral Investment Agreement (BIA) as signed on September 8, 2025, and in force from July 4, 2026. The Press Information Bureau separately confirmed its entry into force on that date.

  • Negotiating: The parties are discussing terms; no final agreement is established.
  • Concluded: The parties have reached an agreed text, though signature and domestic steps may still follow.
  • Signed: The agreement has been formally signed; this alone does not establish that it is in force.
  • In force: The agreement has taken effect under its terms.

The Department of Economic Affairs treaty register and the Press Information Bureau’s July 4, 2026, release document the India-Israel agreement’s status. Indian official sources use different labels, including Bilateral Investment Agreement (BIA) and Bilateral Investment Promotion and Protection Agreement (BIPA); the specific agreement’s official title is the clearest label to use.

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