International Arbitration INDIA

Our international arbitration and dispute resolution practice regularly represents clients in high-stakes disputes involving India and South Asia, particularly in the fields of energy, telecommunications, intellectual property, and construction and engineering.


Our international arbitration group has been involved in more than 650 proceedings in recent years. We have successfully represented clients in a number of the largest institutional arbitrations and several of the most significant ad hoc arbitrations to arise in the past decade. 

Contacts

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Born, Gary

Gary Born

Chair, International Arbitration Practice Group

+44 (0)20 7872 1020 (t)

gary.born@wilmerhale.com

Kent, Rachael D.

Rachael D. Kent

Vice Chair, International Arbitration Practice Group

+1 202 663 6976 (t)

rachael.kent@wilmerhale.com

Schwarz, Franz T.

Franz T. Schwarz

Vice Chair, International Arbitration Practice Group

+44 (0)20 7872 1025 (t)

franz.schwarz@wilmerhale.com

Finizio, Steven P.

Steven P. Finizio

Partner

+44 (0)20 7872 1073 (t)

steven.finizio@wilmerhale.com

Speller, Duncan

Duncan Speller

Partner

+44 (0)20 7872 1084 (t)

duncan.speller@wilmerhale.com

Pierce, John V.H.

John V.H. Pierce

Partner

+1 212 230 8829 (t)

john.pierce@wilmerhale.com

Trenor, John A.

John A. Trenor

Partner

+44 (0)20 7872 1555 (t)

john.trenor@wilmerhale.com

Born, Gary

Gary Born

Partner

+44 (0)20 7872 1020 (t)

gary.born@wilmerhale.com

Finizio, Steven P.

Steven P. Finizio

Partner

+44 (0)20 7872 1073 (t)

steven.finizio@wilmerhale.com

Kent, Rachael D.

Rachael D. Kent

Partner

+1 202 663 6976 (t)

rachael.kent@wilmerhale.com

Pierce, John V.H.

John V.H. Pierce

Partner

+1 212 230 8829 (t)

john.pierce@wilmerhale.com

Schwarz, Franz T.

Franz T. Schwarz

Partner

+44 (0)20 7872 1025 (t)

franz.schwarz@wilmerhale.com

Speller, Duncan

Duncan Speller

Partner

+44 (0)20 7872 1084 (t)

duncan.speller@wilmerhale.com

Trenor, John A.

John A. Trenor

Partner

+44 (0)20 7872 1555 (t)

john.trenor@wilmerhale.com

Bhattacharya_Shouvik

Shouvik Bhattacharya

Senior Associate

+44 (0)20 7872 1043 (t)

shouvik.bhattacharya@wilmerhale.com

Prasad, Dharshini

Dharshini Prasad

Senior Associate

+44 (0)20 7872 1035 (t)

dharshini.prasad@wilmerhale.com

Experience

Our practice covers virtually all forms of international arbitration. Our lawyers are presently handling disputes under the International Chamber of Commerce (ICC), American Arbitration Association (AAA), London Court of International Arbitration (LCIA), International Centre for Settlement of Investment Disputes (ICSID), Vienna International Arbitral Center (VIAC) and UNCITRAL Rules. We also have extensive experience with other forms of institutional arbitration and ad hoc arbitrations, including arbitration of public international law issues. We have been involved in arbitrations seated in virtually every major arbitration centre, including the Asian hubs of Singapore and Hong Kong. In recent years, our arbitration group has handled disputes governed by the laws of more than 70 different legal systems, including, on multiple occasions, Indian law.

Our lawyers speak a number of Indian languages, including Bengali, Hindi, Punjabi, Tamil, Telugu and Urdu. 

Our India and South Asia experience includes:

  • Advice to several international energy companies concerning disputes arising in connection with the interpretation of various agreements with Indian governmental and private parties relating to oil production, including advice in disputes subject to ad hoc arbitration under the UNCITRAL Rules and bilateral investment treaties.
  • Ad hoc – Dispute under the UNCITRAL Rules between a US capital goods manufacturer and Indian parties arising in connection with the construction of a power plant. Subject to Indian law. 
  • Ad hoc – Arbitration between several multinational energy companies and a South Asian State-owned entity concerning the interpretation of a gas sale and purchase agreement. The obligations in dispute were valued at more than $100 million. 
  • Ad hoc – Arbitration under the UNCITRAL Rules involving the dissolution of a joint venture in India. Seated in Zurich.
  • Ad hoc – Arbitration involving US, English and Indian parties and issues of English insurance and contract law. Subject to English and Indian law. Seated in London.
  • ICC – Arbitration between leading international oil field services company and Indian joint venture partner.
  • ICC – Multiparty arbitration involving claims in excess of $100 million under a technology-transfer agreement between US and Asian, including Indian, parties. Subject to Indian and Texas law. Seated in London.
  • ICC – Arbitration on behalf of a South Asian State, concerning an oil pipeline project. 
  • ICC – Arbitration between a major Indian conglomerate and a US manufacturing company and subsequent enforcement proceedings.
  • ICC – Arbitration between a leading South Asian telecommunications company and a multinational concerning ownership and control of a joint venture which holds one of two licenses to provide fixed-line telecommunications in a significant region.
  • ICC – Arbitration, involving a construction dispute between a South Asian State entity and the western supplier of a turn-key plant, with amounts in dispute exceeding $40 million. Seated in London. 
  • ICC – Arbitration involving technology transfers between two US companies and one Indian company, with amounts in dispute exceeding $90 million. Seated in London.
  • LCIA – Dispute regarding a $200 million joint venture for a float-glass production plant in India. Seated in London.

Publications & News

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April 5, 2018

Third Edition of Gary Born's International Commercial Arbitration – How You Can Help

I am delighted to share the news of commencement of work on the third edition of my treatise on International Commercial Arbitration. The three-volume commentary is in its second edition, published in 2014, and available from Kluwer International.

January 22, 2018

The Guide to Damages in International Arbitration: Introduction

The objective of The Guide to Damages in International Arbitration, published by Global Arbitration Review and edited by WilmerHale Partner John Trenor, is to help all participants in the international arbitration community—from the arbitrators to the parties to counsel and experts—understand damages issues more clearly and communicate those issues more effectively to tribunals to further the common objective of assisting arbitrators in rendering more accurate and well-reasoned awards on damages.

January 22, 2018

The Guide to Damages in International Arbitration: Strategic Issues in Employing and Deploying Damages Experts

This chapter, authored by WilmerHale Partner John Trenor and appearing in Global Arbitration Review's The Guide to Damages in International Arbitration, addresses a number of techniques and approaches that parties and their counsel, as well as tribunals, can consider to maximise the effectiveness of expert assistance on damages issues. It bears emphasis that the usefulness or appropriateness of a particular technique or approach depends significantly on the circumstances of the case at issue.

January 8, 2018

International Arbitration in the Energy Sector

International Arbitration in the Energy Sector, edited by WilmerHale Special Counsel Maxi Scherer, puts international energy disputes into a global context, providing broad coverage of different forms and systems of dispute resolution across both renewable and non-renewable sectors.

December 18, 2017

Arbitrability of Intellectual Property Disputes - Recent Developments

This article, authored by Jonathan Lim and featured in Magna Charta magazine, discusses how IP disputes can take many forms. These disputes can become subject to arbitration where they arise out of or in connection with an agreement which also contains an arbitration clause submitting such disputes to arbitration.

December 18, 2017

Paving the Road to Arbitration With Good Intentions: Escalation Clauses in Commercial Contracts

This article, authored by John McMillan and featured in Magna Charta magazine, explains how escalation clauses are of uncertain legal effect, with divergent approaches being taken by different jurisdictions and even by different courts within the same jurisdiction.

December 18, 2017

The 'Close Connection' Test and State Counterclaims in Investment Arbitration - When is 'Close' Close Enough?

This article, authored by Dharshini Prasad and featured in Magna Charta magazine, explores the rationale and evolution of the "close connection" test, why the restrictive approach to assessing "close connection" is incorrect, and the positive implications of the decision in Urbaser v Argentina.

December 18, 2017

Closed List Arbitrator Appointments: A Case Study

In this Commercial Dispute Resolution article, Counsel Olga Braeuer reviews a sports arbitration case which scrutinized a closed list appointment system, and draws parallels to the selection process in commercial and investment arbitrations.

September 7, 2017

Legal Consequences of Peremptory Norms in International Law

The book, authored by Daniel Costelloe and published by Cambridge University Press, explores peremptory norms' legal effects across general international law, including their effects for treaties, UN Security Council resolutions, certain unilateral acts on the part of states, state responsibility and the responsibility of international organizations, and state immunity.

January 14, 2016

Indian Parliament Enacts Revisions to the 1996 Arbitration Act

On 11 December 2015, we provided a summary of revisions to the 1996 Indian Arbitration and Conciliation Act  made by the President of India through the 2015 Arbitration and Conciliation Ordinance that came into effect on 23 October 2015 pending final approval by the Indian parliament.