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Highlights

SIAC India Summit 2019 - Investor State Arbitration


30 August 2019
SIAC India Summit 2019 - Investor State Arbitration
By Abhijnan Jha, Senior Associate, AZB & Partners


The two-day SIAC India Summit 2019 titled “Modern Trends and Perspectives on Investor State Dispute Settlement and International Commercial Arbitration” opened with an inaugural conference on Investor State Dispute Settlement (ISDS) which featured a star-studded line-up of speakers. More than 250 delegates including practitioners, in-house counsel, professionals and students were in attendance on the first day of the Summit.

Mr. Davinder Singh, SC, Chairman of SIAC and Executive Chairman, Davinder Singh Chambers LLC, gave the welcome address, which was followed by the opening address by Mr. K. Shanmugam, SC, Minister for Home Affairs and Minister for Law, Singapore, and the keynote address by Mr. Gary Born, President, SIAC Court of Arbitration and Chair, International Arbitration Practice, Wilmer Cutler Pickering Hale and Dorr LLP.

Panel Session I: Future of ISDS in Asia

The first panel session was moderated by Dr. Rishab Gupta, Partner, Shardul Amarchand Mangaldas.

The panellists were Justice B.N. Srikrishna (Former Judge of the Supreme Court of India), Mr Gary Born, Professor Bernard Hanotiau, Partner, Hanotiau and Van Den Berg, and Mr. Andre Yeap, SC, Senior Partner, Rajah and Tann Singapore LLP.

In this session, the panellists discussed major developments in treaty-making in the Asia Pacific region, multilateral investment courts, the current ISDS regime, third party funding in ISDS, the role of ISDS in addressing disputes arising from the Belt and Road Initiative, and diversity in arbitrator appointments.

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Left to Right: Gary Born, Prof Bernard Hanotiau, Hon’ble Justice B.N. Srikrishna, Dr Rishab Gupta and Andre Yeap, SC

Members of the audience

Panel Session II: Speed Round: The State of Play of Investment Arbitration in India (Part A)

The second panel session was moderated by Ms. Shaneen Parikh, Member, SIAC Court of Arbitration and Partner, Cyril Amarchand Mangaldas.

The panellists were Mr. Toby Landau QC, Member, SIAC Court of Arbitration; Barrister & Arbitrator, Essex Court Chambers Duxton (Singapore Group Practice) and Essex Court Chambers (London), Mr. Abhileen Chaturvedi, Associate Partner, Economic Laws Practice, Ms. Anuradha Dutt, Founder and Managing Partner, DMD Advocates, and Mr. Kent Phillips, Partner, Hogan Lovells.

In this session, the panellists discussed the state of play of investment arbitration in India with a special focus on the new India model bilateral investment treaty, parallel proceedings, anti-arbitration injunctions, and enforcement of investment treaty awards.

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Left to Right: Anuradha Dutt, Toby Landau, QC, Shaneen Parikh, Kent Phillips and Abhileen Chaturvedi

Left to Right: Shwetha Bidhuri, Arvind Datar, SA, Prakash Pillai and Romesh Weeramantry

Panel Session III: Speed Round: The State of Play of Investment Arbitration in India (Part B)

The final panel session on investment arbitration was moderated by Mr. Prakash Pillai, Partner, Clyde & Co Clasis Singapore.

The panellists were Ms. Shwetha Bidhuri, Head (South Asia), SIAC, Mr. Arvind Datar, SA, Madras High Court, and Dr. Romesh Weeramantry, Counsel, Clifford Chance. In this session, the panellists discussed the evolution of the current landscape of bilateral investment treaties in India, the impact of change in India’s approach towards investor protection on the inflow of foreign direct investment, protection of investors investing outside India and exclusion of tax measures from investment treaties.

Mr. Rajiv Luthra, Member, SIAC Board of Directors; Founder and Managing Partner, L&L Partners, concluded Day 1 of the Summit with closing remarks in his inimitable style.
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