How BRICS Is Reshaping Cross-Border Investment Disputes: An Indian Perspective

The rules of global trade are being rewritten. Not in a single negotiation, but gradually through new alliances, alternative settlement mechanisms, and a growing willingness among emerging economies to build multilateral frameworks that reflect a broader distribution of economic power.

BRICS is central to that shift. And within BRICS, India occupies a distinctive position.

India maintains deep commercial ties with the United States and Europe while simultaneously deepening its engagement with BRICS partners across Latin America, Africa, the Gulf, and Asia. That dual positioning - operating fluidly across multiple markets and institutional frameworks - is shaping not just India’s trade flows, but the way Indian parties approach contracts, structuring, and when things go wrong, dispute resolution.

As Dimpy Mohanty, Partner at LexCounsel, Delhi, explains, India has historically had multiple advantages to become a global arbitration hub -be it an abundance of legal and technical experts, a pro-arbitration judiciary, widespread English proficiency among professionals, access to qualified translators for most foreign languages, and an increasing level of geopolitical neutrality.

Virtual Court Hearings

During COVID-19, India also moved positively towards virtual court hearings, supported by widespread digitisation of court records and filing systems.

Increased Use of AI

This shift has contributed to India emerging as a more progressive, convenient and cost-effective seat for international commercial and domestic paperless arbitrations, with virtual hearings, increased use of AI in document management and transcription, and reduced costs associated with travel and time for both clients and practitioners.

This, Ms Mohanty notes, is only the beginning as the system continues to evolve across domains.

India’s Arbitration and Conciliation Act has been through successive amendments designed to reduce court intervention and bring Indian arbitration closer to international standards. The Mumbai Centre for International Arbitration (MCIA) and the Delhi International Arbitration Centre (DIAC) are both gaining traction as credible institutional homes for complex commercial disputes. For Indian parties, particularly those operating in infrastructure, energy, and technology, the ability to resolve disputes through a recognised Indian institution rather than defaulting to London or Singapore is increasingly attractive.

But the BRICS dimension adds another layer. As Indian businesses expand into markets across Brazil, Africa, the Middle East, and South Asia, often through structures that involve counterparties from other BRICS or BRICS-adjacent states, the question of neutral dispute resolution becomes genuinely complex. Choosing a seat is not just a legal question. It is a geopolitical one.

This is a theme explored in our earlier article in this series, in which Fabio Alem of Madrona Advogados examines Brazil’s position as a neutral arbitration platform — a jurisdiction that, like India, sits comfortably in both Western-connected and BRICS-facing commercial worlds. The ability to offer genuine neutrality is becoming a defining factor in seat selection.

Sophia Rook-Blackstone, Regional Director, LAC, MEASA, Europe, Alliott Global Alliance comments:

“Cross-border work involving India has increased across our membership, and the questions our firms are navigating go well beyond the legal. Where to base an agreement, how to enforce an outcome, how to structure across multiple jurisdictions: these are exactly the situations where having the right firm on the ground in Delhi makes the difference.

"India rarely sits in isolation; we see it alongside markets in Brazil, Latin America, the Gulf, Africa, and beyond. Having the right people in the right places, working together — that is the Alliance in action.”

For international businesses entering India, whether through joint ventures, licensing arrangements, infrastructure partnerships, or M&A, the practical implication is clear: dispute resolution clauses deserve the same attention as the commercial terms themselves. The choice of seat, governing law, institution, and language will all shape how quickly and predictably a dispute can be resolved if it arises.

Access to Coordinated Advice

LexCounsel’s practice spans corporate and commercial, regulatory, and dispute resolution, giving international clients access to coordinated advice across the full transaction lifecycle, from structuring through to enforcement.

For Alliott Global Alliance, India’s evolution as a dispute resolution environment is directly relevant to the cross-border work AGA firms are doing globally. Those in Latin America, the Middle East, Africa, and South Asia are increasingly involved in transactions that feature Indian counterparties, Indian-governed contracts, or Indian arbitration seats.

In a world where the rules of global commerce are being renegotiated, the ability to navigate across multiple institutional and regulatory frameworks wherever a counterparty, contract, or dispute may sit is not a niche capability. It is becoming the baseline.

About Alliott Global Alliance:

Founded in 1979, Alliott Global Alliance is a global alliance of independent law, accounting, and advisory firms, operating from more than 340 offices in over 100 countries and providing clients with coordinated, multidisciplinary support worldwide through a trusted global platform. The Alliance is ranked in Chambers and Partners as a Leading Law Firm Network, reflecting the strength and international capability of its legal practices — Together as One.

Our firms share a common purpose: to exchange knowledge, capability, and opportunity in ways that strengthen their businesses and make the world smaller for the clients they serve. This collaboration is underpinned by a spirit of openness and mutual respect, enabling each to broaden its experience, deepen its expertise, and achieve greater success through coordinated international collaboration.

Alliott Global Alliance continues to expand its global presence, with a strategic objective to be represented in 120 countries by 2030. A limited number of affiliation opportunities remain available for independent professional firms that meet our standards and share our commitment to international collaboration. For further information, please contact membership@alliottglobal.com