NDA Paper Launch & Round Table on Bilateral Investment Treaty Arbitration

in association with SIAC

THURSDAY, MAY 02, 2019

SESSION: 04:30 PM - 06:30 PM (IST)

VENUE: Mumbai – BKC Auditorium, Nishith Desai Associates, 2nd Floor, 3, North Avenue, Maker Maxity, Bandra-Kurla Complex, Mumbai – 400 051, India




Nishith Desai Associates (NDA), in association with the Singapore International Arbitration Centre (“SIAC”), is pleased to announce the launch of their flagship paper on “Bilateral Investment Treaty Arbitration and India” on May 2, 2019.

At Nishith Desai Associates, the BIT Practice Team regularly advises foreign investors in evaluation of potential BIT claims, formulates strategies to minimize costs and risks, and seeks to achieve the best solution with minimum impact on investment and sustainability. It engages actively with the best legal minds globally to assist clients in turbulent investor-State disputes, and assesses litigations relating to BIT arbitrations. The Team has conducted its first four-part webinar series on BITs in 2018 with stalwarts such as Salim Moolan QC, Michael Hwang SC, Toby Landau QC and Gary Born. The second edition in 2019 features Dr. Gharavi among other speakers. (Do watch out for our second season!)

Through the BIT India Paper, the Team endeavors to provide a comprehensive understanding of the bilateral investment treaty (“BIT”) landscape in India, with a special focus on the Indian Model BIT 2016. The BIT regime in India has undergone a considerable overhaul in the past few years. India has terminated BITs with 58 countries and introduced a potentially state-centric Indian Model BIT 2016. Questions regarding the efficiency and sustainability of the present regime are still unanswered.

Meanwhile, internationally, a larger overhaul of the BIT arbitration landscape is possibly brewing – the ‘investment court’ regime is being considered as an alternative to BIT arbitration. Additionally, it traces SIAC’s role in making BIT arbitrations efficient, and the use of SIAC Investment Arbitration Rules.

Join us for an exclusive event where Nishith Desai Associates, in collaboration with SIAC, will bring together a panel of experts for an enriching discussion and debate following the launch of their flagship paper.

Flow of the session

04:30 PM – 05:00 PM :

Registration and Networking

05:00 PM – 05:10 PM :

Welcome Address by Vyapak Desai, Head, International Dispute Resolution Practice at NDA

05:10 PM – 05:20 PM :

Introduction of BIT India Paper by Kshama A. Loya, Leader International Investment Treaty Practice at NDA

05:20 PM – 05:30 PM :

Introduction to SIAC Investment Arbitration Rules by Shweta Bidhuri of SIAC, Head, South Asia

05:30 PM – 05:45 PM :

Launch of BIT India Paper

05:45 PM – 06:30 PM:

Panel discussion by members of Nishith Desai Associates and SIAC. Some topics include:

  1. Nuances of Bilateral Investment Treaty Arbitration for Investors investing in Asia Pacific Countries
  2. To choose or not to choose - Efficiency (or lack thereof) of Bilateral Investment Treaty Arbitration
  3. Litigation and Bilateral Investment Treaty Arbitration in India
  4. Future Trends in Investment-Related Dispute Resolution

06:30 PM – 06:40 PM :

Concluding Remarks by Kshama A. Loya, Leader International Investment Treaty Practice at NDA

06:40 PM – 07:30 PM :

High tea and networking


Shwetha Bidhuri

Head (South Asia),

Singapore International Arbitration Centre

Ms Shwetha Bidhuri is the Head of SIAC (South Asia). As Head (South Asia), Shwetha is based in Mumbai, India, and oversees SIAC’s liaison offices in Mumbai and GIFT City, Gujarat.
Prior to joining SIAC, Shwetha worked in the dispute resolution practice of a leading law firm in New Delhi for 9 years, with a focus on investment treaty arbitration as well as commercial litigation cases.


Vyapak Desai

Head, International Litigation & Dispute Resolution Practice

Nishith Desai Associates

Vyapak Desai leads the International Litigation & Dispute Resolution Practice at Nishith Desai Associates. Vyapak is also a Senior Attorney in the Corporate and Securities Practice group at the firm. Vyapak is a Co-chair- Council of MCIA and Director of CIArb India Branch. He is also listed on SIAC Panel of Arbitrators, LCIA Database of Arbitrators and BVI IAC Panel of Arbitrators.


Kshama Loya

Leader, International Litigation & Dispute Resolution Practice

Nishith Desai Associates

Kshama leads the International Investment Arbitration practice group at the firm. Currently based out of Mumbai, Kshama has worked in a range of sectors including energy, oil and gas, engineering, tourism, media and entertainment and IT. She has conducted several arbitrations with special focus on witness examination in arbitration and court proceedings.
Kshama completed her LL.M. in International Commercial Laws from King’s College London and holds a diploma on Negotiation from Harvard Law School. She also undertook specialized courses in International Investment Law in Switzerland.