States and State-owned Entities: Arbitrating with the Indian State

Registration from 18:30; a networking reception will follow the panel event from 20:00.

As India expands its global economic footprint, disputes involving the Indian State and State Owned Entities (SOEs), such as PSUs, are becoming increasingly consequential for cross border investors and multinational contractors. This panel examines the landscape of both commercial arbitrations and investment treaty claims involving the Indian State and SOEs, against the backdrop of evolving governmental policy, legislative reforms, array of judicial decisions and on the ground experience.

The panel will consider a range of issues on the commercial disputes front, including the Government’s recent push toward mediation as the preferred dispute-resolution mechanism in public contracts, practical strategies for effective contractual design, and mitigating procedural and enforcement risks when contracting with SOEs. On the investment-arbitration front, the panel will explore, among other things, India’s new generation FTAs and related policies, attribution of responsibility of state entities, the evolving contours of sovereign immunity, and practical challenges in enforcing awards in India and abroad.

Designed for practitioners and clients alike, the discussion will offer a practical and forward looking lens on navigating common pressure points when arbitrating against the Indian State or SOEs, with insights on dispute strategy, risk allocation and mitigation, and the future direction of state related arbitration in one of the world’s most dynamic jurisdictions.