Abhisaar Bairagi

In government contracts, a blacklisting order implies banning a contractor from participating in future tenders or projects. It is employed by government entities to safeguard public interest and ensure that only reliable and capable contractors are allotted public works. However, the consequences of blacklisting can be severe for the blacklisted entity, often described by courts as the contractor’s “civil death”.

The Indian legal system has long suffered from excessive litigation which results in delays, inefficiencies and a significant burden on courts.

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.