ABSTRACT
This chapter looks at the issue of procedural transparency in Investor–State Dispute Settlement (ISDS) focusing on three strands: public access to ISDS related documents; public access to ISDS hearings; and submission of amicus briefs. It gives a brief overview of the Indian bilateral investment treaties (BIT) programme and the developments that led to the adoption of the Indian Model BIT. The chapter makes references to some of the cases where these procedural transparency principles have been discussed. Some references to such provisions in other important legal instruments and BITs such as the UNCITRAL transparency rules, US Model BIT and the investment chapter of the EU–Canada CETA will also be made. India wishes to conduct all new BIT negotiations on the basis of the 2016 Model BIT. So far, India has been successful in negotiating new BITs based on the 2016 Model BIT with Belarus and Taiwan.
