Recent Arbitration Reforms In India: Moving Beyond Global Standards

Monday, November 23, 2015

6:00 PM – 7:30 PM (IST)

DELHI –AUDITORIUM, NISHITH DESAI ASSOCIATES, C 5, DEFENCE COLONY, DELHI 110024, INDIA

PRELUDE

The current government is focused on increased foreign investment into India. While investment opportunities are on the rise the need for a good dispute resolution system is imperative from both litigation and arbitration perspective. The pro-active approach adopted by regulators across various sectors with the new Arbitration and Commercial Courts Ordinance being promulgated and the Proposed New Model BIT are all steps in that direction to ensure rights of investors in India are protected.

NDA and 3 Verulam Buildings invite you to join us for an interactive Webinar on Arbitration Reforms in India:- Moving Beyond Global Standards (6pm IST/12:30 PM London time) where leading professionals specializing in regulatory, cross-border disputes and international arbitration dissect the laws, share their views and experience to manage arbitration/litigation and related Risks in India. Nishith Desai Associates is proud to share the stage with 3 Verulam Buildings and barristers with extensive experience in the field of commercial and investment treaty arbitration. We look forward to connecting with you.

FOCUS AREA

International Commercial Arbitration in India

Future of international commercial arbitration in India

• Changes to the Indian Arbitration framework under the Arbitration Ordinance, 2015
• Applicability of Commercial Courts to Arbitrations and Litigation

Strategic Considerations - arbitrating in India

• Recent case-law: (Evolution of the law)
• Ground realities: Selecting the right tribunal, court interference and enforcement issues.
• Reducing risks of arbitrating in India:- Practical Insights

International Investment Arbitration

Suing India to protect your investment: Bilateral Investment Treaties

• Quick overview of the distinctiveness of BIT arbitration and the current cases against India
• Important strategic considerations when suing the state: Tribunal selection; obtaining diplomatic assistance from the investor's state; and parallel local cases (either in court or arbitration)
• Managing the risk of BIT arbitration

Future Developments

• Proposed New model BIT

FLOW OF THE SESSION

SPEAKERS

PRATIBHA JAIN

Partner, Funds and Regulatory Practice, Nishith Desai Associates

Ms. Pratibha Jain is a Partner and Head of the Delhi Office of Nishith Desai Associates. Ms. Jain also head the regulatory practice at Nishith Desai Associates.

She was previously the Vice President and Counsel for Goldman Sachs in India. She has earlier worked with Sullivan & Cromwell, LLP in their New York, Tokyo and Hong Kong offices and with Skadden Arps Slate Meagher and Flom, LLP in their Hong Kong office.

Ms. Jain's educational qualifications include B.A (Economics) Hons. and LL.B. degrees from the Delhi University, a Bachelor of Civil Law (B.C.L.) degree from the University of Oxford.

Her areas of practice include banking and finance, mergers and acquisitions, private equity investments and investment arbitration. She is admitted to the Bar of the State of New York in the USA and the Bar Council of Delhi in India.

M.S. ANANTH

Co- Head, Regulatory Practice, Nishith Desai Associates

Ananth is Head Regulatory Practice (Delhi) at Nishith Desai Associates a multi-skilled research based law firm (nishithdesai.com) and has worked extensively on issues relating to litigation and pre-litigation strategies in respect of commercial, regulatory and taxation laws. He has approximately 10 years of experience in litigation and has appeared in various High Courts across India and various Tribunals as well.

Prior to joining Nishith Desai Associates, he worked with Soli J. Sorabjee, Former Attorney – General for India, for 5 years where he assisted Mr. Sorabjee in constitutional, taxation and commercial law cases. He also independently argued cases relating to commercial and taxation laws in the High Court of Delhi and Supreme Court of India and also has extensive appearance in matters relating to trial litigation.

Ananth is a graduate from University of Delhi (2005) and completed his LL.M. from Georgetown University Law Center, Washington D.C. in May 2011. He worked as a Research Assistant to Joshua Meltzer, Scholar at Brookings Institution, Washington D.C. and assisted him in international trade law and economics.

PAYEL CHATTERJEE

Senior Member, International Litigation and Dispute Resolution Practice Group, Nishith Desai Associates

Payel Chatterjee is a Senior Associate at the multi-skilled, research based international law firm, Nishith Desai Associates (www.nishithdesai.com) with offices in Mumbai, Silicon Valley, Bangalore, Munich, Singapore and New Delhi. She is an integral member of the International Dispute Resolution and Arbitration Practice Group and the Competition Law Practice at the firm.

Ms. Chatterjee graduated from Gujarat National Law University, Gandhinagar and holds an Honors degree in B.Com LL.B. (Hons.). She is registered with the Bar Council of Delhi (2009).

She focuses on commercial arbitration and regulatory litigation and has worked in a range of sectors and industries including corporate, intellectual property, telecom and several others. She has authored several articles on litigation, arbitration, competition law and also won the Inter-Pacific Bar Association Best Paper Prize in 2012 for an article on intellectual property law, "What's in a name? John Doe arrives in India".

DR. TARIQ BALOCH

Dr. Tariq Baloch is a barrister at 3 Verulam Buildings, one of England's leading chambers. His practice encompasses international arbitration (international investment treaty claims and international commercial arbitration), public international law and general commercial litigation.

He has represented or advised private parties and states under all the major arbitral rules including the ICC, LCIA, SCC, ICSID, UNCITRAL and DIAC rules. He also sits as an arbitrator. In 2012 he was nominated to the ICSID Panel of Arbitrators (one of the youngest on the panel). Some of his current (publicly known) arbitration disputes include representing investors in treaty claims (ICSID and UNCITRAL) against Cyprus, Serbia and India.

Prior to entering practice, he was a full time academic and had been a lecturer and tutor at the University of Oxford and assistant professor at the London School of Economics. He regularly writes and speaks on international law, rule of law, arbitration and human rights issues, including at the Harvard Law School and the British Institute for International and Comparative Law. He was a member of the drafting committee tasked with formulating best practice guidelines for International, Regional and National Fact-Finding Bodies. The guidelines were published in late 2013 as the Siracusa Guidelines (Intersentia, Cambridge, 2013). His book Unjust Enrichment and Contract (Hart, Oxford, 2009) is a leading text on English contract law and restitution.

He was educated at the University of London (Herchel Smith Scholar), Harvard Law School (Kennedy Scholar) and the University of Oxford (Graduate Scholar), where he obtained his Dphil (PhD).

RAJESH PILLAI

Rajesh Pillai is an experienced barrister who regularly appears in substantial commercial and financial disputes. He is noted in the legal directories as a "superstar in the making, who is excellent on paper and on his feet" and for his international practice. He acts in litigation and arbitration for corporate clients and high net worth individuals.

Recent work relates to complex claims of fraud and breach of directors' duties arising out of failed investments and joint ventures in India, Singapore and the Middle East. In addition to his role as advocate, Rajesh has provided expert evidence on fraud and banking disputes for clients in US and European courts and advises on the interpretation of documents in relation to bondholder disputes and restructuring proposals.

Rajesh is called to the Bar in England (2002) and New York (2003). He was appointed to the UK Attorney General's panel of counsel in 2008. He has advised UK and foreign government departments on questions of private and public international law. In 2013 he was nominated for International Arbitration Junior of the Year at the Chambers Bar Awards.

Rajesh was educated at the University of Oxford (BA Hons, English), the University of Cambridge (BA Hons, Law) and New York University School of Law (LLM, International Trade Law).

PARTNER

3 VERULAM BUILDINGS

3 Verulam Buildings (3VB) is one of England's leading barristers' chambers. It has been described as a "noteworthy presence in international arbitration" with "an impressive client roster" (Chambers & Partners 2016). 3VB barristers are involved in the whole spectrum of international arbitration cases including – what is not common at the Bar – a number of high profile and precedent setting investment treaty cases involving claims against India, Cyprus, Kazakhstan and Serbia. Chambers continue to be a major force in international commercial arbitration. Cases include representing parties in one of the largest ongoing international arbitration disputes arising out of India and the first to go to full hearing under the LCIA (India) Rules, as well as very public dispute over one of the world's largest gold mines (RIko Diq) in Pakistan. Our barristers continue to act on arbitration related court applications, including cases which raise interesting questions of law such as an award's legal status in international law when it has been set aside by the domestic court.