Save The Date: Emerging Trends in International Arbitration

 

Friday, March 13th, 2015, 2.00 PM To 6.30 PM (IST)

INTRODUCTION

Arbitration has slowly but surely established itself as a preferred dispute resolution mechanism. No commercial contract is considered complete without an arbitration agreement incorporated. Infact, an arbitration agreement referring disputes to a reputed independent arbitration institution is now considered as a ‘boiler-plate’ clause in most agreements. As contracts become significantly more detailed and comprehensive, the fact remains that there is no one-stop shop for arbitration. Horror stories abound but there remains ways and means to ensure that arbitration is completed in an efficient and cost-sensitive manner.

Focus Area

While most of us are now familiar with basic arbitration concepts, this session touches upon more complex issues dealing with issues faced in each arbitration such as evidence, discovery and damages. Calculation of damages remains a potential minefield. This session will touch upon options that are available. Additionally, ad-hoc arbitration is slowly but surely being replaced by institutional arbitration in most large value contracts. We dissect the reasons for this evolution.

Partner OrganizatioN

 

EY is a global leader in assurance, tax, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders.

In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities. EY refers to the global organization, and may refer to one or more, of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity.

Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our organization,

please visit ey.com.

About EY’s Fraud Investigation & Dispute Services

Dealing with complex issues of fraud, regulatory compliance and business disputes can detract from efforts to succeed. Better management of fraud risk and compliance exposure is a critical business priority — no matter the industry sector. With our more than 2,600 fraud investigation and dispute professionals around the world, we assemble the right multidisciplinary and culturally aligned team to work with you and your legal advisors.

And we work to give you the benefit of our broad sector experience, our deep subject matter knowledge and the latest insights from our work worldwide.


World Trade Centre (WTC)

World Trade Centre (WTC) Mumbai was established more than four decades ago, to romote and facilitate India's trade with the world. The WTC is promoted by the Government of India, the State Government of Maharashtra and by the Private Sector, as a unique partnership model. It is governed by a council of management comprising industrialists representatives from central and state governments and apex trade promotion organizations. WTC Mumbai is the premier operating Indian member of the World Trade Centers Association (WTCA), New York, having in its fold 342 World Trade Centers spread over 92 countries providing a wide range of services and facilities.

Since its inception in 1970, the WTC Mumbai has been effectively playing the role of a catalyst in strengthening India's international economic relations and has been successful in acting as an important ingredient in the integration of Indian economy with the global economy. WTC Mumbai has been regularly receiving and sending trade missions, organizing business matchmaking (B2B) events for the benefit of its members and hosting overseas delegates. It has signed Memorandum of Undertaking (MOUs) with over 150 international organizations, for exchange of information, business delegations and participation in exhibitions.

WTC Mumbai organises many national and international events, economic summits, B2B meetings and exhibitions to showcase India's growing business acumen. The knowledge-based services of the WTC include Research, Training Institute, comprehensive Export Import Databases, all of which are regularly utilized by business and industry, governments, educational institutions and students. The WTC also facilitates Online Trading services and regularly scans Trade and Business Opportunities, particularly for the Indian SME sector. As a leading Indian member of the WTCA New York, the WTC's trade promotion and knowledge – based services have become a benchmark for the other WTCs worldwide.

WTC Mumbai organises many national and international Events, some of the events organised by WTC includes Innovation Technology for Manufacturing Expo, India International Maritime and Logistics Expo, Global Economic Summit and Indiallia.


All India Association of Industries (AlAI)

Established in 1956, All India Association of Industries (AlAI) is a premier industry association representing industries across sectors. Located in Mumbai, the commercial capital of India,AlAI is a not for profit, non-government organization, advocating the cause of trade & industry with an overall aim towards industrial growth.

The activities of the association go beyond the traditional format of industry associations. We assist members in pioneering their trade and investment activities; guide and advise them on market access and help promote their businesses. AlAI's strength lies in its ability to represent and advocate for enterprises from the smallest to the largest from all sectors across India.

The AlAI works closely with the Government at the Centre and State Level on policy intervention and serves as an interface for trade and industry on industrial and financial issues on Government Advisory Panels and the Reserve Bank of India.

Speakers

Mr. Vijay Kalantri

Chairman & Managing Director of Balaji Infra Projects Limited

Mr. Vijay Kalantri - Chairman & Managing Director of Balaji Infra Projects Limited is a well-known leading industrialist with a vast experience in the field of Finance & Infrastructure.

A first generation entrepreneur Mr. Kalantri started at a very young age and is a self made man. Although deeply rooted in Indian values. He is also characteristically a man of the new millennium with excellent leadership qualities this is clearly reflected in his teamwork and management to realize his goals.

Mr. Kalantri’s business acumen and far sightedness has propelled him to take on the challenging venture of Dighi Port an integrated infrastructure project. Maharashtra’s first Greenfield Port at Dighi, Raigad, the first phase of the port is near ready and is operational.

Besides being an industrialist and heading the Balaji Group as Chairman and Managing Director. Mr. Kalantri is the President of All India Association of Industries, Vice Chairman of World Trade Centre, Mumbai and is Director International of World Trade Centre, New York.

Mr. Firoze B. Andhyarujina

Senior Advocate, Bombay High court and Supreme Court

Mr. Firoze B. Andhyarujina is a Senior Advocate of the Bombay High court and Supreme Court of India. He was born in 1950, and is a Law Graduate from Bombay University and a Post Graduate Scholar from the University of Miami, U.S.A.

He has appeared in a number of important and landmark cases under the Income Tax Act and is an authority on direct tax laws.

He is a widely travelled man and was visiting Professor at various universities and is a regular Speaker before various Financial Institutions , including Institute of Chartered Accountants. He has delivered a number of memorial lectures all over India.

ARPINDER SINGH

Partner & National Leader, Fraud Investigation & Dispute Services, EY

Mr. Singh has an extensive experience of 19 years. In the course of his financial and investigative experience, he has worked with a number of corporates and other stakeholders’ to address issues pertaining to fraud, bribery and corruption. He has worked with regulators in India on a number of high profile investigations. He has also worked with development agencies in the area of development effectiveness, procurement reviews, FCPA compliance, due diligence, trainings and investigations.

Prior to joining EY, Mr. Singh has worked with KPMG as an Executive Director, Forensic Services. Earlier he has served as the Finance Controller for Cisco Systems Inc. based in San Jose-USA. During his tenure at Cisco he has worked in all aspects of the business from manufacturing to sales. He led the SOX and corporate governance efforts for Sales (Revenue Recognition) across countries and through all Channels. He has extensive experience in business processes, ERP systems and outsourcing.

YOGEN VAIDYA

Partner, Fraud Investigation & Dispute Services, EY

Yogen is a Partner with Fraud Investigation &Dispute Services of EY India. Yogen has more than eight years of experience providing businesses with fraud and investigative services. His main areas of focus include dispute advisory and litigation support related services. He specializes in infrastructure, oil and gas, chemicals, diversified, liquor, defense, cement, and metal and mining sector.

He has lead engagements involving pre - trial assessment of claim, quantification of claims relating to cost recovery, damages, commercial claims, loss of profit / value claims, shareholder disputes for exit.

Prior to joining EY, Yogen worked as Associate Director at KPMG’s Forensic practice for approximately three years. Prior to that, he was working with Larsen & Toubro Ltd., as a Manager in Corporate Audit Services.

VYAPAK DESAI

Partner, Nishith Desai Associates

Vyapak Desai is a Partner & also heads the International Litigation & Dispute Resolution Practice. He is also a Senior Attorney in the Corporate and Securities Practice group at the firm.

Vyapak holds a Bachelors degree in law and a Masters degree in Commercial Laws (Corporate, Labor and Tax) from Gujarat University. He is also a trained Mediator. Vyapak represents clients in a wide-range of services with a special focus on cutting edge cross-border and complex litigations and international commercial arbitrations. He has extensive experience advising clients with creative and pragmatic solutions in order to attain effective dispute resolution strategies.

He is a leading attorney in the advisement and representation of clients involved in media, entertainment, franchising, oil and gas, and financial services sectors for pre-litigation strategies, arbitrations and litigation before various forums including the Supreme Court, High Courts and Tribunals of India.

SAHIL KANUGA

Senior Associate, Nishith Desai Associates

Sahil is a senior member of the International Litigation & Dispute Resolution Practice at Nishith Desai Associates, a multi-skilled research based law firm.

He has worked on an array of matters including Indian and international arbitrations as well as advised on corporate and commercial laws, civil and constitutional matters and criminal offences. Sahil has also negotiated private equity and joint venture transactions.

Sahil regularly participates in domestic and international conferences and has also conducted training sessions for in-house legal teams. He has authored several legal articles which have been published in reputed journals.

Sahil holds a Bachelor’s degree in Law and a Master’s degree in Law (Business Laws) from the University of Mumbai. He is a member of the Bar Council of Maharashtra & Goa. Sahil has also served as the Secretary of the Western India Users’ Council of LCIA India.

Aditya Kurian

Counsel, HKIAC, Hong Kong

Aditya is a Counsel at the HKIAC where he administers international arbitrations under the HKIAC Administered Arbitration Rules and the UNCITRAL Arbitration Rules. In addition to case administration, Aditya spearheads HKIAC’s initiatives in India and is actively involved in the promotion of Hong Kong arbitration in India.

Aditya graduated from the National University of Juridical Sciences in India with a B.A. LL.B (Hons) and is admitted to practice in the Republic of India. Aditya worked as an associate at AZB & Partners, Mumbai, in the mergers and acquisitions, joint ventures and foreign investment practice.

In 2012, Aditya graduated from Duke University with a Masters of Laws where he represented Duke University at the 2012 LLM International Arbitration Moot Court Competition in Washington DC. During his time at Duke, Aditya was a Research Assistant to Professor Julie Maupin in International Investment Law. Prior to becoming Counsel at the HKIAC, Aditya was a lawyer intern with the Secretariat of the ICC International Court of Arbitration Asia Office in Hong Kong.

Flow of the session

2:00 PM–2:30 PM (IST):

Registration

2:30 PM–2:40 PM (IST):

Welcome Address by Mr. Vijay Kalantri

2:40 PM–2:50 PM (IST):

Theme Address by Mr. Firoze Andhyarajuna

2:50 PM–3:50 PM (IST):

Trends in International Arbitration:

a. Evidentiary issues

b. Discovery challenges

c. Damages

d. Arbitration: Past, present and future

3:50 PM–4:15 PM (IST):

Tea & Networking

4:15 PM–5:15 PM (IST):

Calculation of damages in international arbitration: trends and common pitfalls

a. When to engage experts?

b. What are the common methodologies in calculation of damages?

c. Use of technology – e-discovery

d. What are the common mistakes to avoid when dealing with issues of calculation of damages?

5:15 PM–5:45 PM (IST):

Institutional Arbitration: Saving time and costs for you

5:45 PM–6:15 PM (IST):

Q&A

6:15 PM–6:30 PM (IST):

Vote of Thanks

Supporting Organization

Hong Kong International Arbitration Centre

Founded in 1985, the Hong Kong International Arbitration Centre (HKIAC) is one of Asia’s oldest and most prestigious international arbitration institutions, offering efficient and cost effective arbitration administration services, in addition to mediation, adjudication and domain name dispute resolution. According to Global Arbitration Review, “No regional institution has been running so successfully for so long.” With its multinational and multilingual Secretariat consisting of lawyers from around the world and a Panel Arbitrators comprised of leading arbitration experts with wide ranging expertise and experience from over 40 jurisdictions, HKIAC is Asia's premier arbitration institution. The preeminence of HKIAC as a venue for resolving international and domestic disputes is bolstered by its spacious state-of-the-art hearing facilities in central Hong Kong and is reflected in its diverse caseload, of which more than 75% of disputes were international and featured parties from more than 30 jurisdictions including the People’s Republic of China, the United States of America, the BVIs, the United Kingdom, Korea, the Philippines, the Netherlands, Australia, and Singapore.


IAF

The Indian Arbitration Forum is a collective effort of distinguished and highly qualified experts and leaders in arbitration in India and abroad. In order to achieve the objectives of Indian Arbitration Forum, the Forum aims at taking conducive steps by a collective effort of all the key stakeholders involved in arbitration – corporate houses, in-house counsel, law firms and practitioners. The forum believes that collaboration is essential to encourage and foster solutions on key issues involving arbitration. It proposes to effectively engage the government, industry and legal practitioners to support legal reforms concerning arbitration. The Forum advocates ‘Best Practise Methods in Arbitration’ with a view to streamline and promote arbitration as an alternative and effective method of resolving disputes. The Forum is involved in collaborating and conducting conferences, workshops and training programs. It aims to increase awareness in arbitration by making Indian case law more accessible to the international community.