7th ICC India Arbitration Day

10:00 - 11:00

Registration 

11:00 - 11:30 

Opening Session

11:30 – 12:45

Session I: Arbitrating beyond borders - Cross jurisdictional perspectives on effective advocacy and settlement

Effective cross border arbitration begins with the understanding that disputes have a global footprint and differences in cultural backgrounds shape outcomes.

While Asia continues to grow as the focal point of arbitral jurisprudence, our speakers will shed light on the approaches in different legal systems to advocacy, fact finding, negotiation of settlements, and other important considerations in navigating cross border disputes.

Understanding these cross-jurisdictional perspectives will balance party expectations and enhance efficiency of arbitration proceedings. This panel aims to explore the unique challenges and opportunities surrounding cross-jurisdictional arbitration, with a focus on its impact on settlement and effective advocacy.

• Sara K Aranjo, Partner, Morgan Lewis & Bockius LLP, Dubai; Member, ICC International Court of Arbitration
• Andrew Cannon, Partner and Global Co-Head International Arbitration Practice, Herbert Smith Freehills, London
• Shruti Sabbarwal, Partner, Shardul Amarchand Mangaldas, New Delhi
• Abraham Vergis, Senior Counsel; Managing Director, Providence Law Asia, Singapore
• Moderator: Prakash Pillai, Managing Director, Clasis LLC; Partner, Clyde & Co Clasis Singapore Pte. Ltd., Singapore

12:45 – 14:00

Networking Lunch

14: 00 – 15:15

Session II:  Common Threads, Unique Perspective: arbitration with States and State-owned entities (SOEs)

When it comes to arbitration involving States and SOEs, there are practical aspects that shall be considered carefully. This is not only because of the complexity and high stakes nature of the subject matter in such arbitration, but also because of the unique structure of States and SOEs which sets them apart from typical commercial and private parties in arbitration. This Panel will explore the aspects of time and costs, special procedures, confidentiality (and indeed, transparency for that matter), and post-arbitration proceedings actions such as enforcement and setting aside of awards in matters involving States and SOEs. 

• Sheila Ahuja, Partner and Co-Head of the India Group, A&O Shearman, Singapore; Alternate Member, ICC International Court of Arbitration
• Madhur Baya, Founder and Principal, LexArbitri, Mumbai
• Sumant Behari Mathur, Chief General Manager (Law) and Principal Legal Officer, Steel Authority of India Limited, New Delhi
• Moderator: Andrew Battison, Partner, Litigation, Arbitration & Investigations, Linklaters Singapore Pte. Ltd., Singapore

15:15 – 15:45

Coffee Break

15:45 – 16:45

Session III: The ICC Court in action: A behind-the-scenes look at the Challenge of Arbitrators

Join members of the ICC Court and representatives of the ICC Secretariat in an interactive mock session, contributing to the ICC Court's decision on a challenge of arbitrators. The session will highlight how the ICC Court decides on the admissibility and, at the same time, if necessary, on the merits of a challenge

• Claudia Salomon, President, ICC International Court of Arbitration
• Payel Chatterjee, Partner, Trilegal, Mumbai; Alternate Member, ICC International Court of Arbitration
• Amar Gupta, Partner, JSA Advocates & Solicitors, New Delhi; Member, ICC International Court of Arbitration
• Sanjeev Kapoor, Partner, Khaitan & Co, New Delhi; Vice President, ICC International Court of Arbitration
• Yvonne Mak, Counsel, ICC International Court of Arbitration
• Kabir Singh, Partner, International Arbitration and Dispute Resolution, Clifford Chance, Singapore; Member, ICC International Court of Arbitration

16:45 – 17:45

Session IV:  Debate - This House believes that the Office Memorandum dated 03.06.2024 issued by the Ministry of Finance does not disrupt India’s aspirations to become an arbitration hub

In June 2024, the Ministry of Finance of the Government of India, introduced new Guidelines for Arbitration and Mediation in Contracts of Domestic Public Procurement (“Guidelines”), signalling a departure from arbitration as a preferred method of dispute resolution for contracts of domestic procurement where the Government (or a Government entity or agency) is a party, except in low-value disputes below Rs 10 Crores (approximately USD 1.2 Million). Instead of arbitration, Government departments are encouraged to adopt other methods of dispute resolution such as mediation and negotiated amicable settlements. In the aftermath of discussions and feedback surrounding its release, the Minister of State for Finance subsequently issued clarifications on the scope of these Guidelines in response to questions raised in the Lok Sabha.

The new Guidelines have undoubtedly sparked a debate regarding its potential impact on India's aspirations to become a prominent arbitration hub. Join us for an exciting discussion where our speakers will delve into nuanced arguments for and against the motion and explore the Guidelines' implications for the Indian arbitration landscape.

• Abhinav Bhushan, Director (Foreign Law), Dispute Resolution, Drew & Napier, Singapore
• Swee Yen Koh, Senior Counsel; Partner and Head of the International Arbitration Practice, Wong Partnership LLP, Singapore; Member, ICC International Court of Arbitration
• Rajeshekar Rao, Senior Advocate, High Court of Delhi, New Delhi
• Devathas Satianathan, Partner, International Arbitration, Construction & Projects, Rajah & Tann, Singapore LLP, Singapore
• Moderator: Manini Brar, Founder, Arbridge Chambers, New Delhi

17:45 – 17:50

Closing remarks and vote of thanks

17:50 – 19:00

Networking Reception