INDIA LAUNCH EVENT, ON 21 OCTOBER 2021
The motion for this Oxford-style debate was as follows: ‘This House believes that institutional arbitration does not meet the needs of Indian parties‘. The debate took place before Ms. Niti Dixit and Mr. Shreyas Jayasimha, and featured the following debaters: for the motion, Ms. Savani Gupte and Ms. Dharshini Prasad, and against the motion Mr. Aditya Kurian and Mr. Sulabh Rewari. Their short bios are available below.
The debate took place as part of Delos’s India Launch Event, on 21 October 2021. We thank the Asia-Pacific Forum for International Arbitration (AFIA), the Eastern Book Company (EBC), the Indian Arbitration Forum (IAF), the Maharashtra National Law University Mumbai (MNLU) and Supreme Court Cases Online (SCC) for their support of this event.
ABOUT THE SPEAKERS
From left to right in the picture above
Niti Dixit’s practice focuses on advising multinational and Indian clients on corporate and commercial litigation, on domestic, international and investment treaty arbitration matters and in regulatory proceedings. Niti has practised as counsel before various courts and tribunals in India, including the Supreme Court of India, the High Court of Delhi and other state high courts and specialized tribunals focusing on constitutional law, corporate and commercial laws, securities law, intellectual property law and environmental law. Niti has been recognized as one of the Top 100 Women in Litigation in 2020 and 2021 by Benchmark Asia-Pacific, and one of the Top 15 Disputes Lawyers in India for 2019 by Asian Legal Business. She has also been identified as a leading lawyer by Chambers Asia-Pacific and asialaw Profiles for Dispute Resolution, and by RSG India Report for Disputes, Arbitration and Commercial Law.
Savani Gupte is a dispute resolution lawyer, with a focus on general commercial and corporate litigation and arbitration. She has extensive experience in advising and representing domestic and international clients before courts and arbitral tribunals. Her areas of specialization include shareholder disputes, contractual and commercial disputes, property disputes, infrastructure disputes and insolvency. Savani has represented clients from diverse sectors, such as the automobile industry, pharmaceutical industry, engineering and heavy machinery industry and FMCG industry. She has represented clients before various high courts with a primary focus on matters before the Bombay High Court. She also regularly represents clients before the National Company Law Tribunal. Her arbitration practice includes a blend of domestic and international arbitrations, both ad hoc as well as institutional. The institutional arbitrations handled by Savani include those administered under institutional rules such as the LCIA Rules, the UNCITRAL Arbitration Rules and the Rules of the Japan Commercial Arbitration Association.
Shreyas Jayasimha read law at the National Law School of India University and was a Chevening Scholar at the University of Warwick. Over 20 years of experience in litigation, domestic and international dispute resolution, Shreyas has advised and represented clients across a variety of industrial sectors. He is a trained mediator and has been appointed as an arbitrator in India and internationally. He has acted as co-counsel for a State party in two significant investment treaty arbitrations. Shreyas spearheads Aarna Law’s Banking, Finance, and Insolvency Law practice. He is a member of the Foundation for International Arbitration Advocacy (FIAA), Geneva since 2012, is the National Coordinator for the UNCITRAL National Coordination Committee of India (UNCCI) and is a member of the Mumbai Centre for International Arbitration (MCIA) Council. Shreyas is the only India based representative of the ICC-FraudNet which formed the AssetRecovery Group India (ARGI) to pursue substantial value cross border asset recovery claims for IndianBanks, ARCs and other creditors.
Aditya Kurian is a counsel in O’Melveny’s Hong Kong office and a member of the International Disputes and Arbitration Group. Prior to joining O’Melveny, Aditya was Counsel and Head of the India Region at the Hong Kong International Arbitration Centre (HKIAC) for four years, giving him special insight into the workings of the HKIAC and arbitral institutions in Asia generally. Aditya is also an HKIAC-accredited tribunal secretary. Before joining the HKIAC, Aditya clerked at the Secretariat of the ICC International Court of Arbitration in Hong Kong, which gave him a strong understanding of the ICC Rules and valuable insights into the institution’s practices.
Dharshini Prasad is a Counsel in the International Arbitration Group of WilmerHale and is triple-qualified to practice in England and Wales, Singapore and New York. She has advised States, State-owned entities and corporations on commercial, investment and public international law issues and has represented clients in institutional and ad hoc arbitrations under various arbitral rules. Dharshini has particular experience with complex, high-value disputes in the energy, mining, private equity and pharmaceutical sectors. Dharshini sits on the YSIAC Committee and is Assistant Editor for the Journal of International Arbitration. She also teaches international arbitration and has served as Executive Secretary for the Commonwealth Secretariat’s study on international arbitration across the 53 Commonwealth Member States. Dharshini is recognized for her expertise in international arbitration by industry directories. In its 2021 edition, Who’s Who Legal – Arbitration identified her as one of the “most highly regarded” future leaders of her generation. Sources describe Dharshini as a “very bright and talented advocate” who is “undoubtedly a rising star in arbitration,” a “strategic thinker” and “destined for great things.”
Sulabh Rewari (Partner, New Delhi) is an arbitration specialist and has represented Indian and foreign clients in institutional arbitrations under the aegis of institutions such as the ICC, LCIA and SIAC as well as in ad hoc arbitrations with their seats in London, Singapore and India. He has also represented clients in associated litigation before courts for appointment of arbitrators, anti-arbitration injunctions, interim relief, court assistance in obtaining evidence, and challenges to, and enforcement of, arbitral awards. Sulabh practices at the Supreme Court of India, the Delhi High Court, the National Company Law Tribunal, and the National Company Law Appellate Tribunal at New Delhi in disputes arising out of joint venture and shareholder agreements, and commercial contracts. He is also active in the insolvency space, and regularly represents clients in insolvency and liquidation proceedings. Sulabh also acts as an arbitrator and is a member of the editorial board of the ICC Bulletin.