Anish Wadia FCIArb, FACICA, FMIArb, FHKIArb, FAArb, FNICArb, FPIArb, FAMINZ

Present Position

Independent Arbitrator and Council Member - Malaysian Institute of Arbitrators (MIArb) and Hong Kong Institute of Arbitrators (HKIArb)

Professional Experience

My areas of focus inter aliaare: (a) Commodities, Corporate, Construction, Telecom & Commercial Disputes; (b) Energy, Oil & Gas, Mining, Power, Natural Resources; (c) Information Technology, Science & Technology; (d) Sports Law, (e) Maritime & Transportation; (f) Investments; and (g) Aviation Law.

Actively provide strategic legal advice to be adopted in litigation, ad hoc and institutional arbitrations (domestic and international) to Indian and foreign clients including high net-worth individuals (HNIs) in a broad range of corporate, financial and commercial disputes (to name a few) viz. white-collar crimes, telecom, construction, solar power, EPC disputes, commodities, etc. In addition to India, I presently advise entities in Iceland, Singapore, Malaysia, Hong Kong, England, Germany, France and U.S.A., and actively travel to these jurisdictions in a professional capacity.

Appointed as one of only four individuals for India as a Regional Pathway Leader (RPL) by the Chartered Institute of Arbitrators, U.K. (CIArb) -- an RPL appointment is the highest grade/status by CIArb, U.K. showcasing that an individual appointed as an RPL is not only a fully certified Approved Faculty List (AFL) Tutor & Assessor for all levels of imparting training in International and Domestic Arbitration but an RPL is also certified to even provide the highest level of advanced training for AFL Tutors & Assessors, i.e. act as a trainer for even tutors/teachers.

I accept appointments as an Arbitrator, Solicitor Advocate and Tribunal Secretary in a broad spectrum of disputes, as indicated above. I have also acted as an expert witness on Indian law for proceedings in England and regularly invited as a speaker on topics related to International Arbitration.

Career Summary

Current Positions:

- Chambers of Anish Wadia: Independent arbitrator and arbitration practice

- Council Member: Malaysian Institute of Arbitrators (MIArb) (first non-Malaysian and Indian)

- Chair: Training & Professional Development Committee Malaysian Institute of Arbitrators (MIArb)

- Council Member: Hong Kong Institute of Arbitrators (HKIArb) (first Indian and non-HK resident)

- Vice President: Society of Construction Law (SCL, India)

- Regional Pathway Leader (RPL): Chartered Institute of Arbitrators (CIArb), U.K.

- Approved Faculty List (AFL) Tutor & Assessor in International and Domestic Arbitration (for all levels/modules/courses) for the Chartered Institute of Arbitrators (CIArb), U.K.

- Certified Educator (International Arbitration) for Prime Dispute, U.K.

- Core Steering Committee Member: CIArb (India branch) Young Members Group (YMG)

- Ambassador (India): Alliance for Equality in Dispute Resolution

- International Advisory Board Member: ‘Advocate Maximus’ Ratan K. Singh Arb-Med Competition

- Professional Expert: Peacekeeping and Conflict Resolution Team (PACT)

- One of five Members of the Investor Grievance Redressal Committee, Mumbai (IGRC), appointed as per directions of the Securities & Exchange Board of India (SEBI), for the Multi Commodity Exchange of India Limited (MCX) to adjudicate upon financial, investor and commodity disputes

Previous Positions:

- Member (India): ICC Commission on Arbitration and ADR, Paris

- Member ( ex officio): ICC India Executive Committee

- Member: ICC India Arbitration Group

- ICC-YAF Regional Representative for India

- Cyril Amarchand Mangaldas (formerly, Amarchand & Mangaldas & Suresh A. Shroff & Co.)

- DSK Legal

- Yadunath M. Chaudhari & Associates

- Advisor to Milind Deora (former Member of India’s Parliament and former Union Minister for Communications, Information Technology and Shipping), and part of his core election campaign management team (2004 – 2014)

Publications

1) Anish Wadia and Magdalena Göbel, Report on the Common and Civil Law Perspectives: Interplay between the UNIDROIT Principles and CISG (2018) Hamburg Law Review [expected].

2) Member of the team of authors for the Indian Arbitration Forum ( IAF) that prepared the Best Practices Guidelines for Conduct of Arbitral Proceedings (IAF Guidelines, April 2018) http://ssrn.com/abstract=3188725

3) Co-authored Third-Party Funding in Arbitration – India’s Readiness in a Global Context – published in ‘Transnational Dispute Management - Special Issue on International Commercial and Investment Disputes in and with India’ [(2018) 15(2) TDM] https://ssrn.com/abstract=3014001

TDM Editorial: “Anish Wadia and Shivani Rawat have demonstrated the permissibility and enforceability of third-party funding in India since 1876 by engaging in an exhaustive analysis of relevant judicial authorities. This is followed by a comprehensive dialogue on all major aspects of third-party funding in international commercial and investment arbitration, including disclosure norms and FEMA. The authors have proposed a viable regulatory framework for India inspired by best practices from other jurisdictions.”

Personal Summary

1) Full rights of audience (with a valid practising certificate / licence) before Courts in:

- India as an Advocate

- England and Wales (incl. Supreme Court of the United Kingdom) as a Solicitor Advocate

- Dubai viz. the Dubai International Financial Centre (DIFC) as a Legal Practitioner

- Singapore viz. the Singapore International Commercial Court (SICC) as a Registered Foreign Lawyer (the SICC is a division of the Singapore High Court and under the aegis of the Supreme Court of Singapore)

2) Accredited as a Fellow of the following institutes:

- Chartered Institute of Arbitrators, U.K. ( CIArb)

-Arbitration & Mediation Institute of New Zealand [ AMINZ (Arb)]

- Australian Centre for International Commercial Arbitration ( ACICA)

- Malaysian Institute of Arbitrators ( MIArb)

- Hong Kong Institute of Arbitrators ( HKIArb)

- Asian Institute of Alternative Dispute Resolution ( AIADR) *

- Philippine Institute of Arbitrators ( PIArb)

- Association of Arbitrators, Southern Africa ( AArb)

- Nigerian Institute of Chartered Arbitrators ( CArb)

- Prime Dispute, U.K. ( PD)

3) Admitted on the Panel of Arbitrators of the following institutes:

- Asian International Arbitration Centre ( AIAC, formerly KLRCA)

- Arbitration & Mediation Institute of New Zealand( AMINZ) *

- Australian Centre for International Commercial Arbitration ( ACICA) ±

- International Commercial Arbitration Court ( ICAC) – European Arbitration Chamber ( EAC) ±

- Chinese European Arbitration Centre, Hamburg ( CEAC) *

- Russian Arbitration Center ( RAC) at the Russian Institute of Modern Arbitration ( RIMA) *

- Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center) ( SHIAC) ±

- China Maritime Arbitration Commission ( CMAC) ±

- Chinese Arbitration Association, Taipei ( CAA)

- International Arbitration Institute, Paris ( IAI) ±

- Malaysian Institute of Arbitrators ( MIARB) * ^^

- Vienna International Arbitration Centre ( VIAC) *

- Kigali International Arbitration Centre ( KIAC)

- Association of Arbitrators, Southern Africa ( AARB)

- ADR Vietnam Chambers LLC ( ADRVC) * ^^

- Badan Arbitrase Nasional Indonesia ( BANI) Arbitration Center ±

- Arbitration Foundation of Southern Africa ( AFSA) ^^

- Philippine Dispute Resolution Center, Inc. ( PDRCI)

- Thailand Arbitration Center ( THAC)

- Prime Dispute, U.K. ( PD)

- Mongolian International and National Arbitration Center ( MINAC) * ^^

- Pacific International Arbitration Centre ( PIAC) ±

4) Admitted into the Database of Arbitrators of the following institutes (who do not have a formal / published Panel/List of Arbitrators but only an internal Database/Pool of Arbitrators from which these institutes make appointments when called upon to do so):

- International Chamber of Commerce ( ICC)

- London Court of International Arbitration ( LCIA)

- Mauritius Chamber of Commerce & Industry (MCCI) Arbitration & Mediation Center ( MARC)

- Arbitration Institute of the Finland Chamber of Commerce ( FAI)

- Camera Arbitrale di Milano / Milan Chamber of Arbitration ( CAM)

- Istanbul Arbitration Centre ( ISTAC)

- Belgian Centre for Arbitration and Mediation ( CEPANI)

- Mumbai Centre for International Arbitration ( MCIA)

- Delos Dispute Resolution, Paris ( DELOS)

- Danish Institute of Arbitration ( DIA)

- Deutsche Institution für Schiedsgerichtsbarkeit (DIS) e.V. / German Arbitration Institute ( DIS)

- Arbitration Institute of the Stockholm Chamber of Commerce ( AI-SCC)

5) Admitted on the Panel of Tribunal Secretaries of the following institutes:

- Hong Kong International Arbitration Centre ( HKIAC) ¥

- Australian Centre for International Commercial Arbitration ( ACICA) ±

- London Court of International Arbitration ( LCIA)

- Mauritius Chamber of Commerce & Industry (MCCI) Arbitration & Mediation Center ( MARC)

- ADR Vietnam Chambers LLC ( ADRVC) * ^^

* first Indian

± youngest Indian

^^ youngest ever individual across nationalities

¥ first Indian to be so trained, accredited and admitted by HKIAC

Speciality Areas

Select Training and Speaking Engagements

1) Tutor & Assessor for numerous training courses in International & Domestic Arbitration by the Chartered Institute of Arbitrators (CIArb) (since 2015)

2)Invited by the Jamaica International Arbitration Center (JAIAC) to speak on Third-Party Funding in Arbitration at the Jamaica Arbitration Week 2019 at Kingston, Jamaica (27-28 June 2019)

3)Invited by Dr. Ram Manohar Lohiya National Law University (RMLNLU) and spoke on Emergence of India as an Arbitration Hub with special emphasis on the 2018 Amendment Bill in Lucknow, India (14 October 2018)

4)Invited and acted as faculty at the Young ICCA and CIArb YMG Skills Training Workshop on Cross-Examination in International Arbitration in New Delhi, India (13 October 2018)

5)Invited and spoke at the 3 rd edition of DSNLU’s Centre for Advanced Research in Dispute Settlement (CARDS)’s Arbitration Weekend 2018 on three panels: Third-Party Funding from a Common and Civil Law Perspective; Best Practices in International Arbitration – A Practitioner’s Perspective; and Procedure and Evidence in International Arbitration from a Practitioner’s and Expert’s Perspective at Vizag, India (29-30 September 2018)

6)Invited by the Chinese European Arbitration Centre (CEAC) and spoke at CEAC’s 10 th Anniversary Conference on ‘China’s Belt and Road Initiative – Opportunities and Challenges for International Dispute Resolution & Contracting’ and served as a rapporteur for the sessions on Common and Civil law perspectives of the UNIDROIT Principles and Interaction between the CISG and the UNIDROIT Principles at Hamburg, Germany (13-14 September 2018)

7)Invited and spoke at SAARC Arbitration Council’s workshop on Challenges & Opportunities of Arbitration in the SAARC Region with a focus on India at FICCI, New Delhi, India (19 May 2018)

8)Invited and acted as the lead faculty speaker on International Arbitration at Symbiosis Law School, Hyderabad, India (SLS-H)’s Certificate Course on Alternative Dispute Resolution Mechanisms (17-18 February 2018)

9)Steering Committee Member and speaker at the first-ever Young ICCA Arbitration Day in Mumbai, India on Drafting and Filing Requests for Arbitration: A Practicum (01 July 2017)

10)Invited and spoke at the ICC YAF Global Conference (Friday Night Live Segment) on Cultural Differences in International Arbitrationat Columbia Law School (NewYork, U.S.A.) (09 June 2017)

11)Invited and spoke at the National Workshop on the Institutionalisation of Arbitration and Development of an Arbitration Bar by the Cochin Institute of International Arbitration (CIIA) in Kochi, India (25 February 2017)

Qualifications

- Asian International Arbitration Centre (AIAC, formerly KLRCA): Certificate Programme in Sports Arbitration (endorsed by the Olympic Council of Malaysia)

- Chartered Institute of Arbitrators, U.K. (CIArb): Diploma in International Arbitration (Dip.IArb)

- International Chamber of Commerce, Paris (ICC): PIDA Training Certification in International Commercial Arbitration (PIDA-ICA)

- International Chamber of Commerce, Paris (ICC): Tribunal Secretary Training in Arbitration

- Hong Kong International Arbitration Centre (HKIAC): Tribunal Secretary Training in Arbitration

- K.C. Law College, Mumbai: Post Graduate Certificate in Alternative Dispute Resolution (PGCADR)

- The West Bengal National University of Juridical Sciences (NUJS): Diploma in Entrepreneurship, Administration and Business Laws (Dip.EAB)

- University of Mumbai: Bachelor of Laws degree (LL.B.)

- University of Mumbai: Bachelor of Commerce degree (B.Com.)