Virtual

The Fault Lines in India’s Arbitration Landscape

06 Oct 2021

Location: 13.30 - 15.30 UK Time Virtual Event (ZOOM)
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The Fault Lines in India’s Arbitration Landscape

Highlights

Bringing together an all-star line-up of leading litigators this session will discuss recent developments in arbitration in India and what this means for the future of arbitration in India.

PART 1 | Fireside Chat: Can Indian Arbitration Reach its Full Potential?

Join us for a rare, thought-provoking fireside chat with preeminent Indian legal figure, Justice G.S. Patel, Judge of the Bombay High Court and Leading English silk, Khawar Qureshi QC. 

Moderated by Vivek Kapoor, a leading advocate and arbitrator, who practises both in United Kingdom and India, our fireside chat will delve into the recent developments in Indian arbitration and how it will impact on the futre of arbitration in India. 

PART 2 | Panel Discussion: The Fault Lines In India’s Arbitration Landscape

  • Recent amendments: Arbitration and Conciliation (Amendment Act), 2021
  • The evolving position on emergency arbitrators and enforcement of emergency awards
  • Hurdles and challenges to enforcement of awards
  • Enforcement of awards: Tracing and freezing
  • When insolvency practitioners and arbitrators clash: insolvency both before an arbitration is commenced and during it
  • Curating your client’s reputation  
Justice G. S. Patel
Judge
Bombay High Court (India)

Mr Justice G. S. Patel is a graduate of St. Xavier's College and Government Law College. He started practice in 1987 in Mumbai, working on commercial, corporate and civil litigations and also appearing in a large number of environmental public interest litigations including those relating to the Sanjay Gandhi National Park, protection of mangroves, town and country planning issues, Melghat National Park, the Mill Lands, protection of open spaces, etc.

In 1994-1995, Mr Justice Patel received the First international Fellowship at Pacific Energy & Resources Center, Sausalito, California in environmental law. This included course work at the University of Berkeley's Boalt Hall School of Law and an internship with the Sierra Club Legal Defense Fund.

He served as the Honorary Secretary of the Bombay Bar Association for two three-year terms from 1999 to 2005 and served on the Association's Standing Committee till his appointment as a High Court judge.

From 2008-2011 he was a part-time lecturer in Administrative Law, Constitutional Law and Environmental Law at Government Law College.

Mr Justice Patel wrote a weekly newspaper column in the Mumbai Mirror for three years. He has also contributed articles to articles and reviews to the Economic & Political Weekly, TimeOut Mumbai, the Mumbai Reader, Seminar, INTACH, the Urban Design Research Insitute, the commemorative volume published by the Bombay Bar Association on completing 50 years, among others.

Mr Justice Patel has previously served as a trustee on several public charitable trusts and foundations in the fields of education, environment and the hearing-impaired.

Mr Justice Patel has delivered several public lectures, including: 

  • "Community Responsibilities: Some Thoughts on Article 51A of the Constitution", The Professor TK Tope Memorial Lecture, Mumbai, 27th February 2018;
  • "A City Betrayed", the 'Remembering Charles Correa' lecture delivered on 6th September 2018 at Panaji, Goa at the Z-Axis 2018 Conference hosted by the Charles Correa Foundation;
  • "Mumbai's Architecture: the Shifting Lens", an address at the inauguration of photographs of Mumbai by Foy Nissen, at the Chhatrapati Shivaji Maharaj Vastu Sanghralaya (the Prince of Wales Museum), on 14th March 2019;
  • "Mephisto in Mantralaya", the first JB D'Souza Memorial Lecture, at the Nehru Centre, Mumbai, on 3rd June 2019; 
  • "Between Scylla and Charybdis: Institutional Autonomy in Democratic Governance", the Third Annual Lecture (2019) for the Vidhi Centre for Legal Policy on 17th December 2019 at the India International Centre, New Delhi;
  • "Aliens and Predators", a keynote address at an international seminar at the National Law School University of India, Bengaluru on 14th February 2020

Justice G. S. Patel
Justice G. S. Patel Judge
Bombay High Court (India)
Khawar Qureshi QC
Barrister
Serle Court (UK)

Khawar Qureshi is a QC at Serle Court Chambers and McNair Chambers Qatar.

Khawar was called to the Bar (Queen Mother’s Scholar, Middle Temple) in 1990 and took Silk in 2006. In 1993 he was the youngest advocate to have appeared in the International Court of Justice. He has taught Commercial law at Cambridge University, Public International law at Kings London and was appointed a Visiting professor in Commercial Law at the University of London in 2006. He was appointed a Deputy High Court Judge in 2013 and is a bencher of Middle Temple.

Khawar has consistently been recognised by the legal directories as one of the leading advocates in commercial litigation, international arbitration, public international law, administrative and constitutional law.

Khawar has made extensive appearances in the English Court at all levels, and in many international arbitration/commercial matters for and against more than 60 governments. He was an “A” Panel UK Government Treasury Counsel from 1999-2006. Khawar has been Chairman of TheCityUK Legal Services group which is designated by the UK Ministry of Justice as the lead organisation to promote UK legal services internationally.


Khawar Qureshi QC
Khawar Qureshi QC Barrister
Serle Court (UK)
Vivek Kapoor
Barrister
39 Essex Chambers (UK)

Year of call: 2008 (India) 2018 (England & Wales)

Vivek acts as counsel and advocate in large scale, complex and high value commercial disputes and investor-state disputes. He has particular expertise in disputes arising from energy, mining and natural resources, infrastructure, construction and engineering, manufacturing, telecom and technology sectors. He has extensive experience of advising and representing private and state-owned entities from India, south-east Asia, Russia and CIS, Africa, and Middle East in disputes governed by a variety of common and civil law regimes, and public international law. Vivek has full rights of audience in the Indian courts, and has successfully represented private parties, both Indian and Fortune 500 multinational corporations, before the Supreme Court of India and the High Courts of various States in India


Vivek Kapoor
Vivek Kapoor Barrister
39 Essex Chambers (UK)
Zarir Bharucha
Managing Partner
ZBA Advocates & Solicitors (India)

Zarir, a third-generation lawyer is a leading dispute resolution professional in India, with over 20 years’ experience and previously worked at magic circle firm, Linklaters in London. Zarir has acted in a number of ground breaking cases in the Bombay High Court and Supreme Court of India and regularly litigates international disputes in courts and tribunals throughout India. Zarir is also nominated by the LCIA as an arbitrator on India related disputes and has frequently given expert evidence in foreign arbitration and before courts outside India. Ranked in Band 1 in Chambers & Partners and Legal 500.


Zarir Bharucha
Zarir Bharucha Managing Partner
ZBA Advocates & Solicitors (India)
Evgeny Raschevsky
Partner, Co-Head of International Arbitration and Litigation Practice
Egorov Puginsky Afanasiev & Partners

Evgeny practices international commercial arbitration and litigation, and specializes in management of complex cross-border disputes.  He is experienced in the arbitration proceedings under ICAC of CCI of Russia (MKAS), ICC, LCIA, SCC and Swiss Rules. His portfolio includes coordination of high-profile court cases in the UK, the USA, Germany, Turkey, India and other countries. His industry specialties include energy development and supply, commodities, shipping, pharmaceutical regulation. 


Evgeny Raschevsky
Evgeny Raschevsky Partner, Co-Head of International Arbitration and Litigation Practice
Egorov Puginsky Afanasiev & Partners
David Morriss
Partner
HFW (UK)

David advises on shipping, offshore, and trade related issues. His clients are for the most part Indian, and he visits clients in India three or four times each year. David has an in depth understanding of the Indian market.

David is recommended for shipping by the two leading independent legal directories – the Legal 500 2017, and Chambers & Partners.


David Morriss
David Morriss Partner
HFW (UK)
Daniel Turner
Director and Head of International Arbitration
Grant Thornton (UK)

I lead our dispute advisory practice for the north of England and oversee the firm’s national and global international arbitration group.

With over 19 years of accounting experience across various sectors, including construction, infrastructure and hospitality, I specialise in forensic accounting, including computer forensics and corporate intelligence, in commercial disputes and complex international and high-profile investigations. I have worked on various cases to quantify damages, review and rebut financial claims, and provide accounting advice for litigations and international arbitration proceedings.

Having been based in the UAE for eight years, my appointments as an expert include in the English High Court, DIFC Courts and DIAC Arbitration. I also have experience supporting clients on transactional issues, both pre and post-transaction, assisting them in securing value and dealing with disputes arising from SPAs, including completion accounts adjustments, consideration earn-outs and breach of warranty claims, as either party appointed adviser or independent determining expert.


Daniel Turner
Daniel Turner Director and Head of International Arbitration
Grant Thornton (UK)

Agenda

13.25 UK Time
Audience Logon
13.30 UK Time
PART 1 | Fireside Chat: Can Indian Arbitration Reach its Full Potential?

Join us for a rare, thought-provoking fireside chat with Justice G.S. Patel and Khawar Qureshi QC. Justice G.S. Patel is a Judge of the Bombay High Court and a preeminent Indian legal figure. Khawar Qureshi QC is a leading English silk. 

The fireside chat will be moderated by Vivek Kapoor, a leading advocate and arbitrator, who practises both in United Kingdom and India. 

They will discuss recent developments in arbitration in India and what this means for the future of arbitration in India.

Speakers:
Justice G. S. Patel - Judge - Bombay High Court (India)
Khawar Qureshi QC - Barrister - Serle Court (UK)
Vivek Kapoor - Barrister - 39 Essex Chambers (UK)
14.15 UK Time
PART 2 | Panel Discussion: The Fault Lines In India’s Arbitration Landscape
  • Recent amendments: Arbitration and Conciliation (Amendment Act), 2021
  • The evolving position on emergency arbitrators and enforcement of emergency awards
  • Hurdles and challenges to enforcement of awards
  • Enforcement of awards: Tracing and freezing
  • When insolvency practitioners and arbitrators clash: insolvency both before an arbitration is commenced and during it 
Speakers:
Vivek Kapoor - Barrister - 39 Essex Chambers (UK)
Khawar Qureshi QC - Barrister - Serle Court (UK)
Zarir Bharucha - Managing Partner - ZBA Advocates & Solicitors (India)
Evgeny Raschevsky - Partner, Co-Head of International Arbitration and Litigation Practice - Egorov Puginsky Afanasiev & Partners
David Morriss - Partner - HFW (UK)
Daniel Turner - Director and Head of International Arbitration - Grant Thornton (UK)
15.15 UK Time
Panel Q&A
15.30 UK Time
End of Event

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