If India breaches the China-India BIT, then Chinese investors are entitled to take the Indian government to international arbitration. Generally speaking, a bilateral investment treaty is an agreement between countries to protect private investment by nationals and companies of one state in another state. The Times of India report did not mention if mitigation measures like storing data in India were discussed. The ministry said it was not satisfied with responses and retained the ban. As reported by the The Times of India, the ministry queried the apps on data collection and processing, compliance and privacy. The app ban was one of a number of actions taken by the Indian central government and states directed at Chinese business interests in India including canceling contracts with Chinese firms and putting up stringent checks on Chinese imports. The stated rationale of the bans was national security concerns arising from China’s data-sharing law. Since June 2020, the Ministry of Electronics and Information Technology has banned 267 Chinese apps in total. The damage could reach billions of dollars in liabilities for the Indian government, as ByteDance and other Chinese app investors have credible claims to pursue against the Indian government for violating protections under the China-India Bilateral Investment Treaty (BIT). ByteDance announced the elimination of 2,000 Indian jobs, nearly its entire workforce in India, shortly after the permanent ban. The damage assessment, however, following the six-month aftermath of the digital strike shows self-inflicted harm. Rhetorically, Prasad’s announcement sought to fire up the Indian public by using a term with connotations of a military attack. Last month, India’s Ministry of Electronics and Information Technology announced the ban of the initial batch of 59 Chinese apps including ByteDance Inc.’s TikTok and Tencent Group Holdings Ltd.’s WeChat, and Alibaba Group Holding Ltd.’s UC Browser would remain in place.
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The app ban was the center piece of a series of retaliatory economic actions taken by the Indian government against Chinese business interests following border clashes on June 10 between China and India. On June 29, his government banned 59 Chinese apps including TikTok, which had become immensely popular in India. That was the jingoistic boast of India’s Law and Justice Minister Ravi Shankar Prasad. “We have conducted a digital strike against China.”
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