#YoungITATalks: India

Overview

Presented by Young ITA

The evolution of bilateral investment treaty (BIT) arbitration has witnessed a fair share of speed bumps, chief among them being the attitudes of States. India is no exception. Apart from defending claims of several foreign investors, India has also strived to reshape its approach to BIT arbitration, including replacing almost all its BITs with ones premised on its 2016 Model BIT.

The last few months have witnessed some frenetic activity – on the one hand, the Indian government retracted its controversial 2012 retrospective tax regime in December 2021 in order to settle its billion-dollar disputes with Cairn and Vodafone. Whether a knee-jerk response prompted by the adverse awards and increasingly worrying global enforcement efforts or a well-considered policy initiative, its ramifications are undeniably significant. On the other hand, India’s BIT dispute with Devas only appears to be getting more complicated with the Indian Supreme Court effectively restraining Devas from enforcing its arbitration award and Devas, in response, invoking arbitration under the India-Mauritius BIT in February 2022. Again, this is another development that will be closely watched by foreign investors and arbitration practitioners alike.

These developments beg the question: is India’s approach to BIT arbitration structured or reactionary and where is India headed? To answer this, you are invited to what promises to be an insightful round table discussion featuring young but seasoned BIT arbitration practitioners from India, London, Geneva, and Paris. They will draw on their experience and knowledge to dissect the recent developments, predict the way forward and distill what all this means for young practitioners interested in practicing BIT arbitration in India.

You may send your questions or comments in advance here. 

Details for connecting will be sent shortly after you register and again before the event. If you have any queries, please email Claudia Saddler.

#YoungITATalks is a series of virtual events presented around the world, featuring talks, workshops or interviews that cover a wide range of subjects relating to arbitration. The #YoungITATalks series is designed for education, conversation and sharing knowledge and experiences among young practitioners.

Schedule and Presenters

6.30pm IST

Welcome

• Juhi Gupta, Shardul Amarchand Mangaldas & Co, Young ITA, India Chair
  

6.40pm IST

Round Table Discussion

• Haaris Fazili, DMD Advocates
• Niyati Gandhi, Shardul Amarchand Mangaldas & Co
• Trisha Mitra, LALIVE
• Harshad Pathak, University of Geneva
• Asha Rajan, Dentons, Young ITA, Western Europe Chair

7.40pm IST

About the Presenters

Haaris Fazili
DMD Advocates

Haaris is a Principal Associate at DMD Advocates. With over 10 years of experience, Haaris has represented multiple corporations in investment treaty arbitrations, including an Indian metals company against Indonesia over a cancelled concession, a Dutch telecom company against India in a dispute arising out of the retro-tax amendments and a Malaysian DTH investor against India in a dispute arising out of criminal proceedings.

Niyati Gandhi
Shardul Amarchand Mangaldas & Co

Niyati is a Senior Associate in the Dispute Resolution team at Shardul Amarchand Mangaldas & Co, Mumbai. She specialises in international and commercial law, including, international investment and commercial arbitration and complex commercial litigation. Niyati has advised and acted in a wide range of international arbitrations, under institutional (including SIAC, LCIA and ICSID) and ad hoc arrangements, seated throughout the world (Singapore, London, Paris, Mumbai, New Delhi, Mauritius, the Hague).

She is a member of young practitioners’ committees of multiple international arbitration institutions. Niyati assisted in the establishment of the Mumbai Centre for International Arbitration (MCIA). She acted as a secretary to the Drafting Committee for the MCIA Rules and formerly served as a co-chair of the Young MCIA. Niyati is a graduate of the National Law School of India University, Bangalore, where she has also been a Visiting Professor. Before joining Shardul Amarchand Mangaldas & Co, she has previously worked with leading law firms in Mumbai and Paris, the ICC International Court of Arbitration and the United Nations Commission on International Trade Law in Vienna.

Juhi Gupta
Shardul Amarchand Mangaldas & Co
Young ITA, India Chair

Juhi is a Senior Associate at Shardul Amarchand Mangaldas & Co. She is based in New Delhi and is qualified in India. Juhi has diverse international commercial arbitration experience under various arbitral rules. Her arbitration experience also includes domestic arbitration and related court proceedings as well as acting as a tribunal secretary. A graduate of National Law School of India University, Bangalore and a LL.M. graduate from Harvard Law School, she previously completed her training contract from Allen & Overy, London. She is also a certified mediator. Juhi regularly writes on different topics related to arbitration in India and dispute resolution. She serves as Young ITA's first ambassador in India.

Trisha Mitra
LALIVE

Trisha is an Associate in the International Arbitration group of LALIVE (London) LLP. She is dual qualified as a Solicitor in England and Wales and Advocate in India. She has experience working as counsel and tribunal secretary in commercial and investment arbitrations, including representing the investor in Cairn Energy PLC and Cairn UK Holdings Limited v India, and advises on litigation proceedings in common law jurisdictions. She has represented clients across diverse industry sectors such as renewable energy, oil and gas, construction, mining, telecommunications, information management and pharmaceutical. She is a member of the Global Steering Committee of the Chartered Institute of Arbitrators Young Members’ Group, Founder of the UK Chapter of ENERAP (Energy Related Arbitration Practitioners), Steering Committee of Young Mumbai Centre of International Arbitration and is India representative in the Asia-Pacific Forum for International Arbitration. She is also the Managing Editor of the European Investment Law and Arbitration Review and a peer reviewer for the Dispute Resolution publications of Oxford University Press.

Harshad Pathak
University of Geneva

Harshad Pathak is an Indian-qualified lawyer with commercial arbitration, investor-state dispute settlement, and public international law as his core practice areas. An alumnus of the Geneva LL.M. in International Dispute Settlement and the National Law University, Delhi, he is currently pursuing a Ph.D. in International Investment Law and Arbitration at the University of Geneva. He also acts as a Consultant to Mayer Brown and assists with the firm's international arbitration and public international law practice.

Asha Rajan
Dentons
Young ITA, Western Europe Chair

Asha is an Associate in the dispute resolution team at Dentons, Paris. Asha is admitted to practice in both, India and France, and is trained in common and civil law traditions. Her practice areas include international commercial and investment arbitration, and litigation. She has advised clients on several international arbitration matters - ad hoc and institutional - across several sectors including construction, telecommunications, spatial, industrial and insurance. She has also advised French clients with business activities in India on several matters of Indian law.

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