CORPORATE GROUP LIABILITY IN ISDS CLAIMS: EXPLORING INDIAN PARENT–SUBSIDIARY STRUCTURES AND ATTRIBUTION OF INVESTOR ACTIONS

AUTHOR – HIMANSHU RANJAN, STUDENT AT NB THAKUR LAW COLLEGE, NASHIK

BEST CITATION – HIMANSHU RANJAN, CORPORATE GROUP LIABILITY IN ISDS CLAIMS: EXPLORING INDIAN PARENT–SUBSIDIARY STRUCTURES AND ATTRIBUTION OF INVESTOR ACTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 485-486, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This article investigates the complex landscape of corporate group liability in Investor-State Dispute Settlement (ISDS) claims, focusing on the attribution of investor actions within Indian parent–subsidiary structures. As India continues to modernise its Bilateral Investment Treaty (BIT) framework and navigates an increasingly globalised investment environment, the traditional principle of corporate separateness poses unique challenges. The doctrine of attribution, derived from international law and domestic legal principles, has evolved to encompass corporate group structures, often testing the boundaries of separate legal personality. This paper critically analyses key ISDS cases that have challenged or reinforced these boundaries, evaluates India’s legislative and judicial approach to corporate liability, and explores how corporate structuring may be used strategically—sometimes abusively—by investors. The study concludes by offering recommendations for India’s treaty practices and domestic policy alignment to ensure a fair balance between investor protection and state sovereignty.