and

The 1st CARTAL Conference on

International Arbitration 2016

Arbitration at Crossroads
October 15-16, 2016
in association with

and

at

NATIONAL LAW UNIVERSITY

JODHPUR
Institutional Partners

The 1st CARTAL Conference on International Arbitration 2016

ORGANIZERS
The Centre for Advanced Research & Training in Arbitration Law
(CARTAL) has been set up by National Law University, Jodhpur to
promote research and scholarship in the field of arbitration. The
mandate of the Centre is achieved by organizing lectures, workshops
and conferences. CARTAL also publishes the bi-annual Indian
Journal of Arbitration Law (IJAL). IJAL covers a wide range of
subjects, maintaining a focus on transnational debates in international
commercial arbitration and investment treaty arbitration and is
recognized as a leading dispute resolution journal in the country as
well as globally.
The Conference will be hosted at the National Law University, one
of Indias premier law varsities, situated at the vibrant city of
Jodhpur, Rajasthan.
The Conference has been generously supported by the Society of
Indian Law Firms (SILF) as the Principal Sponsor. SILF is the only
representative body for law firms in India. The Society, with more
than 100 member law firms, works for the interests of the legal
community in general and law firms in particular. SILF also serves as
a medium for interaction between law firms and the government, the
judiciary and the bureaucracy.
The Conferences Organizing Partner, Baker & McKenzie, is a
premier global law firm that boasts of a clientele of over 500 of the
world's largest companies and enjoys presence in as many as 47
countries. The firms International Arbitration practice consists of
partners who frequently sit on panels of arbitrators of leading arbitral
institutions. This diverse practice includes expertise in construction,
investor-state arbitration, alternate dispute resolution as well as
energy and natural resources.

THE CONFERENCE
The theme of the Conference, Arbitration at Crossroads, alludes to
the critical stage which the law and practice of arbitration is at, both
domestically in India, as well as in international dispute resolution.
The aim of the Conference is to act as a platform for both prominent
practitioners and academicians to analyse some of the most
contemporary issues and help chalk out a potential roadmap to
navigate through them. The Conference consists of four panel
discussions, to be held on October 15-16, 2016 at the National Law
University, Jodhpur in India.

National Law University, Jodhpur

Arbitration at Crossroads
PROGRAMME
PANEL DISCUSSION I: THE CHANGING FACE OF INVESTORSTATE DISPUTE SETTLEMENT: IS THERE AN IDEAL MODEL?
The public backlash against investment treaty arbitration and the
strong discontent towards what was once the global standard form of
ISDS, has reached its peak. While all stakeholders argue for neutral,
international adjudication of investor claims, the debate on the shape
and structure of such mechanism rages on. The deadlock on the
ISDS system to be adopted in the Transatlantic Trade and
Investment Partnership, being negotiated since 2013, is a case in
point. In November 2015, the European Commission proposed the
creation of an investment court system with an appeal mechanism,
where the judges would be appointed by the contracting States and
not the disputing parties. Recently, India released its new Model BIT
which makes exhaustion of local remedies mandatory. In this
backdrop, What next for ISDS? is a question worth considering.
PANELLISTS:
Mr. James P. Duffy IV
Partner, Baker & McKenzie, New York
Mr. Duffy has represented clients in arbitrations
administered under inter alia the ICC, AAA/ICDR,
LCIA, HKIAC, SIAC, ICSID and UNCITRAL rules.
His practice has a strong focus on the MENA region, the
Indian sub-continent and east Asia.
Dr. Aniruddha Rajput
Advocate Supreme Court of India
Dr. Rajput is Indias Candidate for the United Nations
International Law Commission (2017-21). He is
Additional Advocate General for the State of Jharkhand
in the Supreme Court of India and Member of 5th
Haryana State Finance Commission.
Dr. Prabhash Ranjan
Asst. Professor, South Asian University, New Delhi
Dr. Ranjans areas of expertise include international
investment law and world trade law. He was a member of
the consulting group for the 260th Law Commission
Report on the Indian Model BIT.
Mr. George Pothan
Consultant, Ministry of External Affairs, Govt. of India
Mr. Pothan is a Consultant to Legal and Treaties
Division at the Ministry of External Affairs. He holds an
LL.M. from Kings College London with a specialisation
in Public International Law.

October 15-16, 2016

The 1st CARTAL Conference on International Arbitration 2016

PROGRAMME
PANEL DISCUSSION II: TRANSPARENCY V. CONFIDENTIALITY:
FINDING MIDDLE GROUND IN PERCEIVED CONTRADICTIONS
Australias increasing emphasis on transparency in the ChinaAustralia Free Trade Agreement and the Trans-Pacific Partnership
Agreement is reflective of the changing outlook of many States.
Issues of transparency have also been raised in international
commercial arbitration, when it comes to releasing pleadings,
documents in evidence and publication of awards.
While users of arbitration regard confidentiality and privacy as one
of most significant reasons for choosing arbitration, there have been
concerns relating to the continuing lack of transparency in various
aspects of the arbitral process, including unjustified costs, poorly
reasoned decisions and the partisan nature of certain partynominated arbitrators. On the other hand, some practitioners believe
that calls for transparency may lead to arbitration losing the muchvalued characteristic of confidentiality. Resolving the inherent
conflict between confidentiality and transparency requires focused
discussion and deliberation.
PANELLISTS:
Mr. Ratan Singh
Director, CIArb, India and Chairman, Society of
Construction Law, UK (India Branch)
Mr. Singh sits as arbitrator and has chaired or
participated as tribunal member or counsel in various
domestic and international arbitrations.
Ms. Olga Boltenko
Counsel, CMS Hasche Sigle, Hong Kong
Ms. Boltenko specializes in investment treaty
arbitration and has over nine years of experience in the
field. She has previously served as Legal Counsel at the
Permanent Court of Arbitration.
Mr. Rishab Gupta
Counsel, Shardul Amarchand Mangaldas, Mumbai
Mr. Gupta heads his firm's arbitration practice in
Mumbai. He is qualified to practice in India, the UK
and the US and has worked at Allen & Overy, London
and Debevoise & Plimpton, New York in the past.
Mr. Kabir Duggal
Senior Associate, Baker & McKenzie, New York
Mr. Duggal's experience includes complex disputes
under investment treaties in Asia, Latin America,
Europe and Africa. He is also Lecturer-in-Law at the
Columbia Law School.
.
National Law University, Jodhpur

Arbitration at Crossroads
PROGRAMME
PANEL DISCUSSION III: INSTITUTIONAL ARBITRATION IN
INDIA: PAST, PRESENT AND FUTURE
Institutional arbitration in India has seen a slew of significant
developments recently, with the closing down of the London Court
of International Arbitration India, the finalization of a Singapore
International Arbitration Centre branch in the Gujarat International
Finance Tec-City, and the establishment of the Mumbai Centre for
International Arbitration. All three institutes represent different
models of promoting and facilitating institutional arbitration in India.
While one ultimately proved infeasible and the others are still in their
infancy, smaller institutions such as the Nani Palkhivala Arbitration
Centre in Chennai continue to operate. Overall, India continues to
remain greatly at odds with the global trend in favour of institutional
arbitration. Given this setting, the question of what action is required
of each stakeholder- practitioners, users, the judiciary and the
legislature, to change the countrys loyalty towards ad-hoc arbitration,
remains wide open.
PANELLISTS:
Mr. Pranav Mago
South Asia Head, Singapore International Arbitration
Centre
Mr. Mago has worked on numerous international
arbitrations, including arbitrations administered under the
rules of SIAC, ICC and LCIA. He was previously a
Foreign Legal Consultant at Clifford Chance.
Ms. Neeti Sachdeva
Registrar, Mumbai Centre for International Arbitration
Ms. Sachdeva has extensively worked as a practitioner
and as an administrator in the field of International
Commercial Arbitration. Her experience includes
working with Trilegal, Economic Laws Practice and
Freshfields as well as LCIA India, as its Deputy Registrar.
Mr. Kartikey Mahajan
Associate, Clifford Chance, Singapore
Mr. Mahajan is qualified to practice in New York and
India. Previously, he has worked with the Additional
Solicitor General of India and a premier Indian law firm.
Mr. Mahajan holds an LL.M from Harvard Law School.
[TBC]

October 15-16, 2016

The 1st CARTAL Conference on International Arbitration 2016

PROGRAMME
PANEL DISCUSSION IV: OVERHAUL OF INDIAS ARBITRATION
LAW: CRITIQUING THE AMENDMENT ACT OF 2015
The Arbitration and Conciliation Amendment Act, 2015 sought to
bring a sea change to how arbitration is to be perceived and practiced
in India. However, despite commendable efforts, the amendments do
not address some of the newer developments of international
arbitration, such as the concept of emergency arbitrator, and fail to
provide clarity regarding retrospective/prospective application of the
Amendment Act. While many of the lacunae in the law can be
remedied by purposive judicial interpretation, the Indian courts have
an uninspiring track record in this relation. In the backdrop of the
new law and the legacy of regressive judicial precedents, the
arbitration regime in India is in global spotlight and the judiciary
faces a choice between continuing its apprehensive and suspicious
outlook towards arbitration or supplementing the amended law with
pro-arbitration jurisprudence, and setting India onto the path of
becoming an international arbitration hub.
PANELLISTS:
Justice A. K. Sikri
Judge, Supreme Court of India
Justice Sikri was appointed to the Delhi High Court in
1999 and has also served as Chief Justice of Delhi High
Court from October 2011 before being elevated as the
Chief Justice of Punjab & Haryana High Court in 2012.
In 2013, he was elevated to the Supreme Court of India.
Mr. Promod Nair
Founding Partner, Arista Chambers, Bangalore
Mr. Nair has appeared in a broad range of commercial
litigation and arbitration matters, and has represented
clients in LCIA, ICSID, ICC and ad hoc arbitrations,
often on behalf of or against sovereign States.
Ms. Sonali Mathur
Senior Associate, AZB & Partners, Mumbai
Ms. Mathur has appeared in a wide range of ad hoc and
institutional arbitration matters, primarily dealing with
corporate, securities and IP law. She holds an LL.M.
from the Columbia Law School.
Mr. Sahil Kanuga
Senior Member, Nishith Desai Associates, Mumbai
Mr. Kanuga is part of the International Litigation &
Dispute Resolution Practice at Nishith Desai
Associates. He has worked on an array of matters
including Indian and international arbitrations and is
also an office bearer with the Indian Arbitration Forum.
National Law University, Jodhpur

Arbitration at Crossroads
SCHEDULE
October 15, 2016 (Saturday)
INAUGURAL CEREMONY
3:00PM
Welcome Address: Prof. Poonam Saxena (Vice
Chancellor, NLU Jodhpur)
Introduction to the Conference: Ms. Aakanksha
Kumar (Executive Director, CARTAL)
Inaugural Address: Mr. Lalit Bhasin (President,
Society of Indian Law Firms; President, Bar
Association of India; Chairman, CIArb India)
Keynote Address: Mr. James P. Duffy IV (Partner,
Baker & McKenzie, New York)
PANEL DISCUSSION I
4:15PM
PANEL DISCUSSION II
5:45PM
8:00PM
Dinner
October 16, 2016 (Sunday)
PANEL DISCUSSION III
8:30AM
10:00AM PANEL DISCUSSION IV
11:30AM CLOSING CEREMONY
Report of the Conference: Ms. Sanjana Srikumar
and Mr. Varun Mansinghka (Co-Convenor)
Closing Presidential Address: Justice A. K. Sikri
Vote of Thanks: Mr. Viraj Dhuri (Organizing
Secretary)
ORGANIZING PARTNER

PRINCIPAL SPONSOR

INSTITUTIONAL PARTNERS

October 15-16, 2016

NATIONAL LAW UNIVERSITY

N.H. 65, Mandore, Jodhpur 342304 (INDIA)
CONTACT
Aakanksha Kumar - kumar.aakanksha@ijal.in, +91-8003695829
Executive Director, CARTAL and Faculty Adviser, IJAL
Sanjana Srikumar - editors@ijal.in / srikumar.sanjana@gmail.com, +91-9799568482
Joint Convenor of the Conference and Editor-in-Chief, IJAL
Varun Mansinghka - editors@ijal.in / varun.mansinghka@gmail.com, +91-8094860084
Joint Convenor of the Conference and Editor-in-Chief, IJAL
Viraj Dhuri - editor.cartal@gmail.com / virajdhuri9@gmail.com, +91-7666091212
Organizing Secretary of the Conference and Managing Editor, IJAL