India continues to use trade, investment and regulatory sanctions on Chinese/China-origin companies, in response to its recently re-invigorated border disputes with China. We discussed the implications of the ban on Chinese mobile applications in our previous insight released in July 2020. Since then, India has taken a series of actions in other sectors as well, such as restricting the participation of Chinese telecom companies in the 5G rollout of trial in India, conducting investigations against crypto-exchange Binance and its subsidiary WazirX in India, and changing the regulatory regime for investments by Chinese investors from an automatic route to government-approval route through Press Note 3.

In this insight, we take a deeper dive into recourse options for Chinese investors under international investment law. This time we look at a wider set of investment treaties, and options for investors in other sectors which have been affected. The insight also features a contribution by valuation and damages expert, Montek Mayal (Director, FTI Consulting), on how investors might quantify their losses in investment claims.