Enforcement of Investor State Awards against India
Over the last few years, there has been a spate of investment treaty awards against India, followed by targeted global efforts to enforce these awards across the world. Given that India is not a party to the ICSID Convention, these awards do not benefit from ICSID’s regime of automatic recognition and no appeals or reviews. Given this background, the recent developments in enforcement of awards against India have important lessons for both, potential award holders seeking to monetise awards and States seeking to resist enforcement.
In our first annual event with Young ITA’s regional chairs for India, we will highlight these developments, and discuss key takeaways.
#YoungITATalks is a series of local 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.
This event is presented tuition-free. Please register in advance to help us have an accurate headcount.
8:45 am IST: Registration and breakfast
9 am IST: Welcome
9:10 – 10:00 am IST: Round table discussion
- Setting the framework: recent investment treaty awards against India
- Framework for recognition and enforcement of ISDS awards
- Identifying and attaching State assets
- Alternatives for monetizing ISDS awards
10 am IST: Adjourn
Principal Associate, Shardul Amarchand Mangaldas & Co
Young ITA, India Co-Chair
Shreya is a Principal Associate in the international arbitration practice at Shardul Amarchand Mangaldas, Mumbai. Her experience includes commercial and investor-state arbitration under nearly all major international arbitration rules and seated in a variety of jurisdictions, such as Mumbai, Singapore, London, New York, Washington D.C, Kigali, Abu Dhabi and Stockholm. A graduate of National Law School of India University, Bangalore and Harvard Law School, Shreya is qualified to practice in India and New York. She won the world championship of the Philip C. Jessup Moot Court Competition in 2013 and later worked in the international arbitration team at Cooley LLP, New York, before returning to India.
Shreya currently serves as the Asia Pacific representative at the LCIA-sponsored Young International Arbitration Group (YIAG), Assistant Editor (South Asia) at the Kluwer Arbitration Blog, Rapporteur at Young OGEMID and Secretary of the Harvard Club of Mumbai. She also regularly speaks and writes on contemporary issues in international arbitration, dispute resolution and diversity.
Zal T. Andhyarujina SA
Fountain Court Chambers
Zal is a Senior Advocate at the Bombay High Court and has a diverse commercial practice with a focus on cross border disputes. Zal’s areas of expertise include international arbitration, banking, financial services, commercial law, company law, enforcement of foreign awards and decrees and restructuring and insolvency.
He also routinely appears before the Bombay High Court, the Supreme Court of India and various tribunals including the Securities Appellate Tribunal (SAT), the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT).
Selendy Gay Elsberg PLLC
Rajat is a Partner at Selendy Gay Elsberg, in its international arbitration practice in New York. Before joining Selendy Gay Elsberg, Rajat was a Partner at Alston & Bird in New York.
Rajat has been called to the bar in India, the District of Columbia, and the State of New York. He has significant experience working on disputes in energy, finance, transportation, and infrastructure, particularly for Indian multinational companies and ultra-high net worth individuals.
Rajat is consistently recognized as a future leader by Who’s Who Legal, and he is also the Leadership Council for Legal Diversity (LCLD) Fellow for 2023.
Arvindran is an investment manager in Omni Bridgeway’s Singapore office, providing dispute and litigation finance to parties for, among other claims, enforcement, and recovery efforts.
Arvindran’s expertise in funding and managing arbitration, and litigation claims throughout Asia is bolstered by his prior experience as an international arbitration and litigation practitioner at Drew & Napier LLC and K&L Gates LLP.
Arvindran has represented multinational organisations across Asia and the Middle East, spanning industries including media, financial services, education, property development and construction, energy, transport and hospitality. He has been recognised in Who’s Who Legal: Thought Leaders Third-Party Funding 2020-2023 Guides.
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