1. © Copyright 2014 by K&L Gates LLP. All rights reserved. Matthew R. M. Walker, Partner, K&L Gates LLP The Future of Arbitration in India Home comforts, or global players? SILF-ABA Conference, New Delhi, India – 15 February 2014

2. OVERVIEW  Why are some jurisdictions popular?  Hallmarks of pro-arbitration jurisdictions  Role of major nominating bodies in promoting venues  How to build a reputation as a forum of choice  India – revolution, or evolution?  India – positive overall trends, ripe for growth klgates.com 2

3. Why are some jurisdictions popular?  Historical reasons – arbitration has been practised there for a while  Language  “Honey-pot effect” – because a place is a successful venue, people tend to flock there  Venues not resting on laurels – new court practices, body of law developing in a coordinated & consistent manner, competition between lawyers  Political reasons, particularly where a new venue has grown in popularity klgates.com 3

4. Hallmarks of pro-arbitration jurisdictions  Centers of commerce  Institutional bodies helping with appointments  Robust, consistent, pro-arbitration court system  High quality legal services  Centers of excellence in arbitration  But, perhaps even more importantly:  Businessmen who feel at home in a jurisdiction  Contract draftsmen who know it is a “safe bet” to choose a particular jurisdiction klgates.com 4

5. Role of major nominating bodies  For numerous bodies, you don’t even need to say a city or country – the institutional rules become synonymous with the place.  The world is coming to India - LCIA India (2009), SIAC Mumbai (2013).  Next step – a MIAC, or a DCIA? klgates.com 5  ICC  SCC  AAA  HKIAC  LCIA  DIFC  SIAC  CIETAC

6. How to build reputation as forum of choice  Commerce; business will always lead the way  Persuade businessmen  Persuade non-contentious lawyers / draftsmen  Persuade arbitration specialists  Top quality lawyers (and top quality universities)  Robust, consistent, anti-interventionist courts  Non-protectionist regulators / laws, particularly for lawyers – i.e. free-market  Nariman outlined 10-step plan in 2011- but India in 2014 is already some way along that path klgates.com 6

7. India – revolution, or evolution?  World Sport Group v. MSM Satellite (2014) – Indian Supreme Court reaffirming primacy of arbitration, even where fraud alleged  Bharat Aluminium v. Kaiser Aluminium (2012) – Section I of ACA 1996 does not apply to arbitrations seated overseas where arbitration agreement post-dates 1 Sept 2012  Bhatia / Venture Global – started the process of evolution, whereby SC now strongly supports the primacy of the arbitral tribunal klgates.com 7

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9. India – ripe for growth  Serious backlog in court system – developing global arbitration presence could be the answer  For one of our clients in an Indian dispute last year - after arbitration proceedings issued, had to fight off application for injunction in courts. Proceedings stayed 12 times in 9 months  In WSM, Bombay High Court (Appeal) issued injunction in Sept 2010; SC decision in 2014  Perhaps others are better placed than me to opine on WSM, given that Mr. Subramanium – senior counsel in that case – is on the panel! klgates.com 9

10. Home comforts, or global players?  Who chooses where to arbitrate? Commercial players, contract draftsmen – not arbitration lawyers  What are their drivers? Certainty, speed, efficiency, absence of risk  How do you create a new arbitral venue of choice for global market? Competition, non-intervention, clear rules  India has massive commerce and talent in its borders and is ripe for growth. Indian Supreme Court has shown path to creating a global centre for arbitration; local courts / practitioners should follow klgates.com 10

11. klgates.com11 Thank you!

12. Matthew Walker Partner K&L Gates LLP, Doha Matthew Walker, a partner in the Doha office of K&L Gates, focuses his practice in construction law and dispute resolution. His experience includes ICC Arbitrations in Qatar, the UAE, Saudi Arabia, Turkey, India and the UK; claims in the English High Court and Court of Appeal; and an international adjudication on a gas facility in Tanzania. He is a Fellow of the Chartered Institute of Arbitrators and a Member of the Chartered Institute of Building. He also gives non-contentious construction advice, particularly in the rail sector. He has undertaken secondments to Qatar Rail, London Underground and the Crossrail Project for Carillion plc. He has advised on the multi-billion dollar civil engineering contracts for the new Doha Metro being built by Qatar Rail. He carried out the construction drafting for a £326m rail project in London, agreements for lease on a flagship commercial development in East London, and construction contracts (including FIDIC, NEC, JCT, ACE, RIBA and bespoke forms) on construction projects of varying size and complexity. klgates.com12 Biography