Conference Folder

The Nani Palkhivala Arbitration Centre
is pleased to announce our Annual International Conference

Arbitration Matters - 2012
Saturday 18th February 2012 Venue: Vivanta by Taj President, Mumbai www.nparbitration.in

With thanks to our Sponsors

Arbitration Matters - 2012

ARBITRATION MATTERS - 2012

PROGRAMME
8.15 am - 9.00 am 9.00 am - 9.05 am 9.05 am - 9.10 am 9.10 am - 9.30 am 9.30 am - 10.10 am 10.10 am - 10.30 am 10.30 am - 11:45 am Registration Welcome Address by Mr. S. Mahalingam (Director, NPAC) Introduction by Mr. Arvind P. Datar (Director, NPAC) Address by Mr. Iqbal Chagla (Senior Advocate, Bombay High Court) Key Note Address: Hon’ble Mr. Justice S.P. Bharucha, Chief Justice of India (Retd.) Coffee / Tea Panel Discussion Judicial Intervention in Foreign Arbitrations - Defining Boundaries Mr. Jorge Bofill G., Partner, Bofill Mir & Alwarez, Jana - Santiago, Chile Dr. Alexander Duisberg, Partner, Bird & Bird LLP, Germany Mr. William A. Escobar, Partner, Kelley Drye & Warren LLP, New York Mr. Anirudh Krishnan, Advocate Mr. Nagendra (Nick) Setty, Partner, Sheppard Mullin LLP, LA Chair: Prof. Dr. Emmanuel Gaillard, Partner, Shearman & Sterling LLP, Paris 11:45 am - 1:00 pm Panel Discussion Judicial intervention in Domestic Arbitration - Defining Boundaries Mr. Alexander Bevan, Counsel, Shearman & Sterling LLP, London Mr. G.S. Hegde, Principal Legal Adviser, Reserve Bank of India Mr. Satya Hegde, Senior VP & General Counsel, Tata Consultancy Services Mr. Ravi Kadam, Advocate General, Maharashtra Mr. N.L. Rajah, Director, NPAC Chair: Mr. Darius Khambatta, Additional Solicitor-General of India, Bombay 1:00 pm - 2:00 pm 2:00 pm - 3:15 pm Lunch Panel Discussion Improving Institutional Arbitration – Learning from International Best Practice Mr. James R. Hays, Partner, Sheppard Mullin Richter & Hampton LLP, New York Ms. Michelle La Mar, Partner, Loeb & Loeb LLP, Los Angeles Mr. Chan Leng Sun, SC, Partner, Baker & McKenzie LLP, Singapore Mr. Mark Lewis, Partner, Berwin Leighton Paisner LLP, London Mr. Charles Marquand, Barrister, London Chair: Ms. Zia Mody, Chairman, AZB & Partners

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ARBITRATION MATTERS - 2012

3.15 pm - 3:30 pm 3:30 pm - 4:45 pm

Coffee/Tea Panel Discussion What Ails Arbitration as an Alternative Dispute Resolution Forum? Mr. Talat M.Ansari, Partner, Kelley Drye & Warren LLP Mr. Tom Canning, Partner, Milbank, Tweed, Hadley & McCloy LLP, London Mr. Andrew B. Greenfield, Partner, Fragomen, Del Rey, Bernsen & Loewy, LLP Mr. Stewart Room, Partner, Field Fisher Waterhouse LLP, London Mr. Chan Leng Sun, SC, Partner, Baker & McKenzie LLP, Singapore Chair: Mr. Bharat Vasani, Chief, Legal & Group General Counsel, TATA Sons Ltd.

4.45 pm – 4.55 pm 4:55 pm – 5:00 pm

Valedictory by Mr. N.L. Rajah, Director, NPAC Vote of thanks by Ms. Shaan Katari Libby, Registrar, NPAC Close of conference

With thanks to our Sponsors Baker & McKenzie LLP (Chicago, USA and Singapore) Kelly Drye & Warren LLP (New York, USA) Loeb & Loeb LLP (Los Angeles, USA) Sheppard Mullin (New York, USA) Tata Consultancy Services

AZB & Partners (Mumbai) Berwin Leighton, Paisner LLP (London, England) Bird & Bird LLP (Munich, Germany) Bofill Mir & Alvarez (Santiago, Chile) Field Fisher Waterhouse LLP (London, England) Fragomen, Del Rey, Bernsen & Loewy, LLP (Washington DC, USA) Milbank, Tweed, Hadley & McCloy LLP (London) Shearman & Sterling LLP (New York, USA)

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keynote speakers

ARBITRATION MATTERS - 2012

S. Mahalingam S. Mahalingam
Chief Financial Officer Tata Consultancy Services 11th Floor, Air India Building Nariman Point, Mumbai - 400 021 Phone: 56689999/56689595 Email: [email protected] [email protected] Web: www.tcs.com

Overview Seturaman Mahalingam or “Maha”, as he is better known, started his professional career with Tata Consultancy Services in 1970. In his 41-year career with TCS, Maha has been involved in myriad aspects of the Company’s operations and growth, before being appointed as the Chief Financial Officer of the Company in February 2003 and as Executive Director in August 2007. A chartered accountant by qualification, Maha began his career as an IT consultant and thereafter played a major role in marketing TCS services across the globe, developing processes and creating large software development centers for the Company. As an early starter in the Indian IT industry, Maha has played a key role in helping TCS become a $ 8.2 billion global company with over 200,1000 employees. Prior to becoming the Chief Financial Officer in February 2003, Maha has managed many of the key functions in TCS including Marketing, Operations, Education and Training as well as Human Resources. He managed the company’s operations in London and New York in the early days of TCS’ global journey. Maha’s experience, during the formative years of the IT industry in the 1970s and 1980s, has given him significant standing within the IT industry. He has been the President of Computer Society of India. He is a former Chairman of the Southern Region of Confederation of Indian Industry (CII), He was also the President of the Institute of Management Consultants of India. He is on the board of several subsidiaries of TCS as well as other Tata Group Companies. Maha was chosen as the best ‘CFO’, in various years, by Business Today, International Market Assessment (IMA), CNBC, CFO India Magazine and Finance Asia. Born in February 1948, Maha is married with two children and lives in Mumbai.

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ARBITRATION MATTERS - 2012

Arvind P. Datar

Arvind P. Datar
Senior Advocate, Madras High Court Director Nani Palkhivala Arbitration Centre New No.22, Karpagambal Nagar Mylapore, Chennai - 600 004 Ph: 65130808, 65651329, 65651330 Fax: 24986697 Email: [email protected]

Overview Mr. Arvind P. Datar, Senior Advocate. Mr. Datar is one of India's leading practitioners, and has been designated as a Senior Advocate by the Madras High Court. He is one of South India’s prominent litigators. Aside from an extremely successful practice, he is also a prominent author, notably on Central Excise. Mr.Datar serves on the Editorial Board of the Madras Law Journal. His three-volume commentary on the Constitution of India has attained the status of a must-have for all Indian legal libraries Most recently he and Mr. Soli Sorabjee (former Attorney-General of India) have written a book on the life of Nani Palkhivala. This book was released early last year. Arvind Datar is one of the Trustees of the Palkhivala Foundation, and a Founding Director of the Nani Palkhivala Arbitration Centre. The first lawyers that he worked with were Mr. Natarajan and Mrs. Ramani Natarajan. Important lessons learnt at an early age include: “It does not matter whether you decide to be a cobbler, make sure that you become the best cobbler in the world”, and “Never antagonize or quarrel with a judge. Remember it is your client’s life. It is only your bread and butter”. The things that first attracted Arvind Datar to a legal career: Independence , fresh challenges every day, no limit to one’s success, a variety of work suited to each one’s practice, long vacations. Arvind Datar has a wife and two children. He lives in Chennai.

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ARBITRATION MATTERS - 2012

Iqbal M. Chagla Iqbal M. Chagla
Senior Counsel

Overview Mr. Iqbal Chagla, Senior Advocate, is one of our country’s leading lawyers. He spent nine years at St. Mary’s High School, Mumbai. He did his University education at Oxford University (England) where he read Law and returned to India as a barrister. He is also son of the late M.C. Chagla (1900 –1981), a renowned Indian jurist, diplomat, and Cabinet Minister who served as Chief Justice of the Bombay High Court from 1948 to 1958. His initiation into the Bar was in Kharshedji Bhabha's Chambers, which also featured Fali Nariman and Soli Sorabjee, Jambu Khambatta, and a wealth of other talent. The Nani Palkhivala Arbitration Centre is honoured to have Mr. Chagla on the Governing Council. A n article in the Hindustan Times on experts in Copyright law, speaks of Senior counsel Iqbal Chagla saying he recounts a case ‘like a riveting story. Peppered with wit, his arguments are quick to catch an opponent’s slip. The ease with which Mr. Chagla can cite legal precedents comes from the fact that he himself has argued some of the landmark cases’. Mr. Chagla is involved in numerous commercial arbitrations as also several high-profile court cases including the very current 2G scam case. He and his wife live in Bombay, and have two adult children.

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ARBITRATION MATTERS - 2012

Justice S.P. Bharucha Justice S.P. Bharucha

Overview Born on May 6, Bharucha enrolled as an advocate in the Bombay High Court on July 28, 1960. He was appointed an Additional Judge of the Bombay High Court on September 19, 1977 and a permanent Judge on April 3, 1978. He took over as the Chief Justice of the Karnataka High Court on November 1, 1991, and as a Judge in the Supreme Court on July 1, 1992. His dissenting judgment in the Sardar Sarovar Project case in October 2000 is remembered for its forthrightness and sensitive approach to the sufferings of the project-affected families. In 1995, Justice Bharucha had ordered immediate stoppage of work at the dam site. In a landmark judgment, Justice Bharucha prevented the governments of Tamil Nadu and Karnataka from releasing the associates of sandalwood smuggler Veerappan from jail in return for the release of his hostage Rajkumar, the popular Kannada film actor. Eventually, Veerappan released Rajkumar. In 1994, Justice Bharucha gave another minority judgment (along with Justice A.M. Ahmadi) on the President's reference under Article 143 asking the Supreme Court to determine whether a Ram temple existed at the site of the Babri Masjid and whether it had been destroyed before the construction of the Masjid in 1528. In 1993, with the ruling of a nine-member Constitution Bench of the Supreme Court in Advocates-on-Record Association vs Union of India, the power to appoint judges of the higher judiciary passed into the hands of the judiciary and the role of the executive in the matter became a formal one. On a reference made by the President under Article 143, this judgment was reviewed in 1998 by another nine-member Bench, which was headed by Justice Bharucha. This Bench unanimously reaffirmed the conclusions of the majority judgment in 1993 but with some changes. In his judgment unseating Jayalalitha as the Chief Minister of Tamil Nadu, Justice Bharucha distanced the Constitution Bench from the ethical and moral issues raised by the petitioners who challenged her appointment despite her disqualification under the Representation of the People Act (RPA). In the P.V. Narasimha Rao case relating to the charge of bribing of Members of Parliament belonging to the Jharkhand Mukti Morcha, Justice Bharucha, along with Justices S. Rajendra Babu and G.N. Ray, upheld the immunity of MPs from legal proceedings relating to their speeches or votes in Parliament.

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10.30am - 11.45am Judicial Intervention in Foreign Arbitrations defining boundaries

PANEL 1

ARBITRATION MATTERS - 2012

Jorge Bofill
Partner Avenida Andrés Bello 2711 Piso 8 y 9. Torre Costanera Las Condes. Santiago Chile. Tel: (562) 757-7600 Fax: (562) 757-7601 Email: [email protected]

Criminal Law Civil Litigation International Litigation Mediation and Arbitration International Arbitration International Treaties Admissions Chile (1984). Education Universidad Católica de Valparaíso. Languages Spanish, German and English.

Overview Jorge Bofill is an experienced disputes attorney handling both arbitration and litigation in the areas of Dispute Resolution, Criminal Law, Civil Litigation, International Litigation, International Arbitration, Mediation and Arbitration, and International Treaties and Corporate Investigations. He received a J.D. degree, cum laude, from the Universidad Católica de Valparaíso (1983), and also a JSD, Doctoral Degree, summa cum laude, from the Friedrich-Alexander Universität, Erlangen-Nürnberg, Germany (1988). Mr. Bofill was a permanent advisor to the Senate during the legislative discussion of the Criminal Procedure Reform and other bills that comprise that Reform. In 2009 he advised the Senate in the legislative discussion of the Law N° 20.393 that created a statute for the Criminal Liability of Corporations for the crimes of money laundering, terrorist financing and bribery offenses and other related law projects such as bank secrecy. Most recently, Mr. Bofill has advised the Senate during the discussion of a law project aimed at a profound reform of the system of criminal sanctions substituting the application of imprisonment as the main sanction provided by the Criminal Code in Chile. Jorge Bofill began working at the law firm of his father, Jorge Bofill Vergara in Valparaíso. In 2006, he and his brother Octavio created Bofill & Cia., later Bofill Mir Abogados (2006-2009). In 2009, Bofill Mir Abogados merged with Alvarez, Hinzpeter, Jana Abogados, giving birth to Bofill Mir & Alvarez Jana Abogados, where he is a senior partner. Since 1998, Mr. Bofill is a Professor of Criminal Procedure and Trial Litigation Techniques at the Faculty of Law of the Universidad de Chile. Mr. Bofill also participates as Professor of the Judiciary Academy, Chile. Jorge Bofill is a Board Member to the Chilean Bar Association (2007-). He is also a member of the Criminal Science Institute and the Judiciary Studies Institute. He is also a founding member of Libertades Públicas A.G., a non-governmental organizations focused in the protection of civil liberties in Chile. Mr. Bofill has been ranked in the top tiers in the fields of “White Collar” and “Dispute Resolution” by Chambers Latin America since 2009 Chile. Bofill Mir & Alvarez Jana is also ranked in tier 1 in the field of Dispute Resolution. In 2009, Mr. Bofill was recognized with the award “Outstanding Alumnus 2009” by the Law School of Universidad Católica de Valparaíso. He was also awarded with RP Eduardo Lobos, granted to the best graduated student, in 1983.

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ARBITRATION MATTERS - 2012

Dr Alexander Duisberg
Partner Bird & Bird LLP Pacellistrasse 14 80333 Munich Tel: +49 (0)89 3581 6000 Fax: +49 (0)89 3581 6011 Direct: +49 (0)89 3581 6239 Mail: [email protected]

Overview Alexander Duisberg is a partner of Bird & Bird in Munich, Joint Head of our International IT Sector Group and Head of the German IT Commercial and Outsourcing practice. Alexander's expertise and practical experience cover the full range of contentious and non-contentious matters of IT-law (licensing, professional services, distribution, online commerce, cloud computing, open source, data protection and data security law) including major research and development projects, complex technology transfer agreements and co-operations, managed services and outsourcing arrangements of all kind, as well as assisting to technology-related mergers and acquisitions and private equity transactions. His client base comprises IT suppliers and IT users as well as providers and customers to outsourcing services in numerous industrial sectors. Alexander is an appointed and active panelist to the WIPO domain dispute resolution procedure (URDP). He is an experienced litigator in the field of technology disputes and, over the recent period, has been involved in a series of arbitrations under the rules of the German Civil Procedural Code, the German Institute of Arbitration (DIS), the German Society of Law and Informatics and the ICC. Furthermore, Alexander is strongly engaged in building the Indian practice of Bird & Bird and, in this context, is one of the most reputed representatives of Bird & Bird in the Indian market. He has extensive contacts and working relations with a number of large Indian services companies. Alexander grew up in the United States, India and Germany, and went to law school at the University of Bonn where he also obtained his doctorate in law in 1995. He was admitted to the bar in 1995 and, prior to joining Bird & Bird in 2003, worked for the IT and corporate practice of a large international law firm. Alexander speaks German, English, Italian, Spanish and French and is a frequent speaker at national and international conferences; he also contributes regularly to publications on IT related topics.

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ARBITRATION MATTERS - 2012

William A. Escobar
Partner Kelley Drye & Warren LLP 101 Park Avenue New York, NY 10178 Phone: (212) 808-7771 Fax: (212) 808-7897 Email: [email protected]

Overview William Escobar is a partner in the Kelley Drye’s New York office and is chair of the Litigation practice group. For more than 20 years, Mr. Escobar has been trial and appellate counsel for disputes in federal and state courts as well as administrative agencies. He has extensive experience in trial, arbitration and mediation of complex high-stakes litigation including, cases involving fraud, antitrust, RICO, lender liability, reinsurance, patent, computer technology and complex contractual matters. He also has experience conducting internal investigations related to allegedly fraudulent transactions under potential government scrutiny. Mr. Escobar has represented numerous India-based companies in disputes, including companies in the consulting, financial, pharmaceutical and technology sectors. Mr. Escobar has been listed in New York “Super Lawyers” for commercial litigation every year since 2009, and he was selected as one of 16 attorneys nationwide by the Minority Corporate Counsel Association in 2008 for his legal accomplishments and success in business development at the highest levels. Mr. Escobar completed law school and college at Columbia University in New York, NY.

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ARBITRATION MATTERS - 2012

Anirudh Krishnan Anirudh Krishnan
24 Sriramnagar North Street, Alwarpet, Chennai - 600 018 Phone: +91-7299088824 Email: [email protected]

Overview Anirudh Krishnan is an Advocate of the Madras High Court and a Solicitor of England and Wales. After graduating from NALSAR University, Hyderabad he gained valuable international experience at Clifford Chance, London where, among other areas (tax advisory and transactional) he worked as part of the arbitration team. After his stint at Clifford Chance, he completed his Masters in Law(BCL) from University of Oxford before joining the Madras Bar. He specializes in commercial litigation and arbitration. He is also the Chief- editor of Justice R.S. Bachawat's Law of Arbitration and Conciliation- a leading commentary on Indian arbitration published by LexisNexis. He also authored a book on the Law of Reservation.

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ARBITRATION MATTERS - 2012

Nagendra (Nick) Setty
Partner San Francisco Four Embarcadero Center Seventeenth Floor San Francisco, CA 94111 Palo Alto 379 Lytton Avenue Palo Alto , CA 94301 Tel: 415.774.3163 Fax: 415.403.6232 [email protected]

Practice Areas • Intellectual Property Industries • Life Sciences

Overview Mr. Setty is a partner and a co-chair of the Intellectual Property practice group in the firm's Palo Alto and San Francisco offices. Mr. Setty has an international practice representing leading global businesses such as Bank of America, Cipla, Cisco, EchoStar, Landis + Gyr, LG, McKesson, Samsung, Siemens and Verint. His practice focuses on litigating jury, bench and arbitration trials in patent, trademark, trade secrets, and copyright cases. Over the past 20 years, he has served as lead counsel in more than 120 IP cases, spanning a broad range of technologies. Mr. Setty is a frequent lecturer and author on IP related topics, and is recognized for his IP litigation expertise in Chambers USA. Education • BS, Emory University, 1987 • JD, Emory University School of Law, 1992 Honors • America's Leading Business Lawyers, Chambers USA, 2004 - 2010 • Georgia Super Lawyers, Super Lawyers, 2004 - 2011 • Georgia's Legal Elite, Georgia Trend Magazine, 2006 - 2008

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ARBITRATION MATTERS - 2012

Prof. Dr. Emmanuel Gaillard
Partner Shearman & Sterling LLP 114, avenue des Champs-Elysées 75008, Paris, France Phone: 212 848 4000 Email: [email protected] www.shearman.com

Overview Education: Agrégé des Facultés de Droit, 1982 University of Paris II Panthéon-Assas, Ph.D., 1981 University of Paris II Panthéon-Assas, D.E.A. Criminal Law, 1977 University of Paris II Panthéon-Assas, D.E.A. Private Law, 1976 Practice: Emmanuel Gaillard has advised and represented corporations, States and State-owned entities in international arbitration cases for over 25 years. He has also acted as sole arbitrator, party-appointed arbitrator or Chairman under most international arbitration rules and is frequently called upon to appear as expert witness on arbitration law issues in international arbitration proceedings or enforcement actions before domestic courts. He has written extensively on all aspects of arbitration law, in French and in English. In 1999, he co-authored Fouchard Gaillard Goldman On International Commercial Arbitration, a leading publication in this field. In 2007, he authored the first published essay on the legal theory of international arbitration based on his Course at The Hague Academy of International Law (Aspects philosophiques du droit de l'arbitrage international), subsequently published in English (Legal Theory of International Arbitration) as well as in the Arabic, Chinese and Spanish languages. He teaches International Arbitration and Private International Law at Paris XII University. Emmanuel Gaillard chairs the International Arbitration Institute (IAI) and the International Academy for Arbitration Law (AIDA). He heads Shearman & Sterling’s International Arbitration practice.

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11.45 am - 1.00 pm Judicial Intervention in Domestic Arbitrations defining boundaries

PANEL 2

ARBITRATION MATTERS - 2012

Alexander Bevan
Shearman & Sterling (London) LLP Broadgate West, 9 Appold Street London EC2A 2AP T +44 20 7655 5012 F +44 20 7655 5500 M +44 77696 84258 [email protected]

Overview Mr. Bevan is counsel practicing in Shearman & Sterling’s International Arbitration Group in London. Mr. Bevan advises and represents clients in complex international arbitration proceedings arising out of investment, construction and development projects, and acquisitions and joint ventures. These disputes arise in a range of industries, in particular infrastructure, telecoms, power and oil and gas. Mr. Bevan has also served as Arbitrator in international arbitration proceedings. Current and recent international arbitration and litigation cases include representation of the following: • European consortium as claimants in ICC arbitration arising out of the construction of a nuclear power plant in Finland. Stockholm seat, Finnish law • Indian industrial conglomerate as respondent in ICC arbitration arising out of an agreement for the supply of industrial gasses. Bahrain seat, Omani law • Turkish industrial group as claimant in ICC arbitration arising out of major urban development • project in Moscow. Geneva seat, English law • US engineering firm as claimant in LCIA arbitration under the UNCITRAL Rules in connection with a fire at an oil refinery in Lithuania. London seat, Lithuanian law • Swedish investors as claimants in ICSID arbitration against Romania arising under Sweden-Romania BIT • Middle Eastern state-owned company in a series of disputes with EPC Contractors and offtakers in connection with the construction and operation of power and water desalination plants. Law of the Middle Eastern state • Indian pharmaceutical company as respondent in LCIA arbitration against Spanish supplier in • connection with a contract for the sale of drug intermediaries. London seat, English law • Spanish investment bank as claimant in two LCIA arbitrations in connection with the expropriation of an electricity distribution concession in Argentina. London seat, English and New York law • Syndicate of Spanish and US investment banks as claimants in LCIA arbitration in connection with the expropriation of an electricity distribution concession in Argentina. London seat, English law • Spanish investment bank as claimant in two LCIA arbitrations in connection with financing arrangements made for the Dominican Republic. London seat, English and New York law • Brazilian investment bank as claimant in LCIA arbitration against a Swiss entity concerning a series of acquisitions in the Brazilian elevator industry. London seat, English and Brazilian law
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ARBITRATION MATTERS - 2012

G S Hegde G S Hegde
Principal Legal Adviser Reserve Bank of India, Legal Department Central Office World Trade Centre Centre 1, 5th Floor, Cuffe Parade Mumbai - 400 005 Phone: +91-22-22153954 (Direct) +91-22-22189131-39 (Board) Extn. 542 Fax: +91-22-22153372 Cell: 9930047283 [email protected] Overview Mr. G.S. Hegde, who is addressed as GS, is the Principal Legal Adviser of Reserve Bank of India (RBI), which is the Central Banking Authority for India. GS got his Bachelor’s Degree in Law from Karnatak University College of Law Dharwad, in the year 1974. He did his Masters in Mercantile Law from the same university in 1976. He did LLM from Columbia University, New York in the year 1997. GS has worked as a law teacher, advocate in Karnataka High Court and in house lawyer in Syndicate Bank, TCS America and RBI.

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ARBITRATION MATTERS - 2012

Satya Hegde Satya Hegde
Global Head - Legal, General Counsel & Senior Vice President TATA Consultancy Services Tata America International Corporation

Overview Satyanarayan S. Hegde (Satya) is an accomplished lawyer admitted to practice in India and New York. He earned his basic law degree in 1977 as a topper at University level and made his mark as the holder of Gold Medal for the top ranking LL.M graduate (Commercial law) in the class of 1979 at Karnataka University, Dharwad - India. He maintained his top ranker position at Boston University School of Law for its LL.M (International Banking Law) in 1992. Mr. Hegde has more than 32 years of professional experience in law, as a teacher, lawyer and in-house counsel. At present, Mr. Hegde is the Global Head of Legal, SVP and General Counsel of Tata Consultancy Services (TCS). He is also the Corporate Secretary of Tata America International Corporation (TCS America). Prior to joining TCS in March 2004, he was part of Kelley Drye & Warren LLP, a New York law firm. Previously, for more than 14 years, Mr. Hegde served the Reserve Bank of India as its Deputy Legal Advisor. Mr. Hegde has negotiated several high value outsourcing and/or technology deals — ranging from a million to USD 2.5 Billion. As General Counsel and Global Head of Legal in TCS, he is responsible for all legal matters, including overseeing legal compliance, contracts management, legal advise and professional support for TCS operations worldwide. He is also the Corporate Secretary of TCS America and operates from TCS corporate office in New York.

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ARBITRATION MATTERS - 2012

Ravindra Kadam Ravindra Kadam
Advocate General of Maharashtra Chamber No.5, 1st Floor High Court Extension Building Fort, Mumbai - 400 032 Tel: 91-22-22623779/22623088 Email: [email protected]

Overview Academic Background • Graduated in law in 1981 from the Government Law College, Mumbai University • Ranked first at the LL.B examination • Was awarded the prestigious ‘Ranjit Chhatrapati Memorial Prize’ Career at the Bar 1. Since March 2005, is the ‘Advocate General’, State of Maharashtra, a Constitutional post and in that capacity the first advocate of the State of Maharashtra. 2. A designated ‘Senior Advocate’ practicing for the last 25 years on the Original and Appellate Jurisdiction of the Bombay High Court. Also appeared in other High Courts in the country and in landmark Constitutional cases in the Supreme Court of India. 3. Expertise in Commercial litigation including Intellectual Property Laws, Corporate Laws, Alternate Dispute Resolution including Arbitration and Mediation. 4. Appeared as a Counsel for various Municipal Corporations of Maharashtra in the Bombay High Court. 5. Appeared as a Counsel for various statutory corporations including Air India, N.T.P.C, M.M.T.C, O.N.G.C etc. 6. Advised and represented different clients in arbitrations in India and abroad. He has represented the State of Maharashtra in arbitration dispute for ‘Dabhol Power Company’ at Singapore which was presided over by Lord Mustill. He was involved in the proceedings before the International Chambers of Commerce (ICC) in the dispute involving Piaggio Cspa v/s LML Ltd. He has also appeared in Indian Courts in matters arising from arbitrations including enforcement of foreign awards and proceedings for setting aside awards and interim measures of protection. 7. Considered as an authority on Intellectual Property Right (IPR). He has been a lead Counsel in landmark IPR cases in Indian High Courts and in the Supreme Court of India. 8. Appeared in various other landmark cases involving issues relating to: ? Preservation of Environment? Sustainable Development ? Human Rights issues? Issues involving Fundamental Rights of citizens

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ARBITRATION MATTERS - 2012

N.L. Rajah N.L. Rajah
Director, Nani Palkhivala Arbitration Centre No. New 22 Karpagambal Nagar Mylapore Chennai 600 004, India Ph: +91 44 6513 080 +91 44 6565 1329 Cell: 98410 13617 Email: [email protected] www.nparbitration.in

Overview Mr. N.L. Rajah is a leading Advocate of the Madras High Court. He was called to the bar in 1986 and started his practice under Mr. S. Govind Swaminathan, former Advocate General of Tamil Nadu. He has a very extensive exposure in the field of Writs, Original side, Drafting and Conveyancing, Consumer Protection Laws, Corporate Laws and Intellectual Property Laws. Mr. Rajah is a former President of the Madras Consumer Courts Bar Association and the Trustee and Citizen of the Consumer and Civic Action Group, an Organization which is dedicated to creating awareness among consumers about their rights and helps them realize the same. He is a Founding Director of the Nani Palkhivala Arbitration Centre and a trustee of the Palkhivala Foundation. He is also the Secretary of the ‘Catalyst Trust’ a social action group involved in empowering people to realize their social and political rights. He is also a Member Advisory Committee to the Tamil Nadu Electricity Regulatory Commission. Mr. Rajah is the author of ‘Consumer Protection in India’ published by the Wadhwa Publications.

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ARBITRATION MATTERS - 2012

Darius J. Khambatta Darius J. Khambatta
Additional Solicitor General (Bombay) Mulla House 51, Mahatma Gandhi Road Mumbai - 400 001. Tel: 022 66541576 Email: [email protected]

Overview Darius J. Khambata, Senior Counsel, practices before the Bombay High Court and the Supreme Court of India. He is currently Additional Solicitor General of India. After obtaining an LL.B. degree (First Class) from Bombay University he was awarded an LL.M. by the Harvard Law School in 1985. His practice is primarily a litigation practice. He has also appeared in several domestic and international commercial arbitrations, as well as in proceedings in Court concerning arbitrations. He also regularly appears before the Securities Appellate Tribunal, the Electricity Appellate Tribunal and the Company Law Board. He is currently a Member of the Court of the London Court of International Arbitration. He has appeared in several important matters involving administrative and constitutional law and has successfully defended challenges to the constitutionality of various statutes. One of his particular fields of interest is environmental law and he has appeared on all sides of the equation – for environmentalists, for industry and more recently for the Ministry of Environment.

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2:00 pm - 3:15 pm Improving Institutional Arbitration – Learning from International best practice

pANEL 3

ARBITRATION MATTERS - 2012

James R. Hays
Partner New York 30 Rockefeller Plaza New York , NY 10112 Tel: 212.634.3025 Fax: 212.655.1725 [email protected] Practice Areas • Labor and Employment

Overview Mr. Hays is a partner in the Labor & Employment Practice Group in the firm's New York office and co-chairs the firm’s Traditional Labor Law Team. Areas of Practice Mr. Hays’ practice focuses on management labor and employment law. He represents clients in collective bargaining negotiations, labor arbitrations, and all stages of the labor election process, including election campaigns and hearings before the National Labor Relations Board. He also represents clients in employment litigation in federal and state courts, as well as various arbitration forums, and in proceedings before various administrative agencies, including the Equal Employment Opportunity Commission, the United States Department of Labor, and state agencies throughout the United States. Mr. Hays advises and has represented clients in litigation concerning breach of non-compete agreements and theft of trade secrets. He advises employers on strategies for handling workplace harassment, internal investigations, reductions in staff, discipline and termination actions, and wage and hour issues. Mr. Hays devotes significant time to the defense of complex wage and hour class action litigation. He regularly counsels clients on preparation and administration of personnel policies and employment strategies and compliance with WARN, FMLA, ADA, COBRA and other federal and state labor statutes. Education • J.D., New York Law School, 1990 • B.A., Catholic University, 1982

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ARBITRATION MATTERS - 2012

Michelle La Mar
Partner 10100 Santa Monica Boulevard Suite 2200 Los Angeles, California 90067 Direct 310.282.2133 Fax 310.919.3853 [email protected]

Overview Michelle La Mar’s practice encompasses all aspects of employment law with a special emphasis being placed on the strategic development of practical, preventative measures in light of a client’s goals and objectives. She routinely advises employers with respect to wage and hour compliance, right sizings (including the WARN act), terminations, discrimination and harassment issues and investigations, mandated leaves of absence, employee privacy rights, background checks, social networking, blogging, the protection of trade secrets and confidential information, disability accommodations and unfair competition issues. Her practice also includes the drafting and updating of handbooks, policy manuals, codes of conduct and severance packages. Ms. La Mar is very familiar with the struggles of international corporations deploying workforces to the U.S. and adjusting their operations to comply with state and federal laws. She is also knowledgeable in the use of international treaties to protect such organizations from legal claims. Ms. La Mar provides assistance with corporate related employment issues such as those arising out of mergers and acquisitions, executive employment agreements, restructurings, closures, corporate takeovers and the availability and enforceability of non-compete covenants. Her litigation experience is similarly broad and includes jury and bench trials, as well as appellate work in the state and federal court systems. Ms. La Mar has been engaged to defend numerous “class actions” including those involving wage and hour issues, discrimination claims and outsourcing matters on both a state and nationwide level. Ms. La Mar also advocates in the administrative arena including handling proceedings before the Department of Labor, the Division of Labor Standards Enforcement, the Equal Employment Opportunity Commission and the Fair Employment and Housing Commission. Practice Areas • Employment and Labor • Litigation • Privacy, Security and Data Optimization Media Mentions • California Court Upholds Arbitration Agreement By Adele Nicholas, Inside Counsel • On the Move By Alexa Hyland, Los Angeles Daily Journal
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ARBITRATION MATTERS - 2012

Leng Sun Chan
Senior Counsel Baker & McKenzie.Wong & Leow 8 Marina Boulevard #05-01 Marina Bay Financial Centre Tower 1 Singapore 018981 (T) + 65 6434 2588 (F) + 65 6337 5100 [email protected] Global areas of practice Dispute Resolution International Arbitration

Overview Leng Sun co-heads the Dispute Resolution practice. He is qualified in Malaysia, Singapore and England. Leng Sun was appointed Senior Counsel in January 2011 by the Chief Justice of Singapore, a designation reserved for outstanding advocates and seen as the equivalent of Britain’s Queen’s Counsel. Apart from being counsel, Leng Sun is an arbitrator and adjudicator on the panel of leading dispute resolution bodies in Singapore, Malaysia and China, such as SIAC, SCMA, KLRCA, CIETAC and CMAC. He also sits in ICC, LMAA as well as ad hoc arbitrations. He serves on statutory tribunals such as the Income Tax Review Board and the Maintenance of Parents Tribunal. He is also Chairman of the Singapore Law Society ADR Committee and Vice-President of the Singapore Institute of Arbitrators (SIArb). Leng Sun has lectured at the National University of Singapore Law Faculty and taught at the Singapore Management University. He has also served as a legal officer of the United Nations Compensation Commission in Geneva and was a SIAC-CIAC Observer to the UNCITRAL Working Group on Arbitration. Practice focus Leng Sun is familiar with all methods of Dispute Resolution, including litigation, arbitration and mediation. In addition to years of experience in maritime-related work, he has a broad commercial practice that covers international trade, insurance and company law. Professional affiliations - Chairman, ADR Committee of the Singapore Law Society. - Vice-President of the Singapore Institute of Arbitrators (SIArb) and Chairman of SIArb Education Committee. - Fellow of the Chartered Institute of Arbitrators (CIArb), the Malaysian Institute of Arbitrators (MIArb) and SIArb. Education - Master of Laws, University of Cambridge 1990 (Kuok Foundation Scholar, Pegasus Cambridge Scholar, Honorary Shell Scholar). - Bachelor of Laws (First Class Honours), University of Malaya.

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ARBITRATION MATTERS - 2012

Mark Lewis
Partner Head of Commercial IT & Outsourcing Berwin Leighton Paisner LLP Adelaide House London Bridge London EC4R 9HA Phone: 44 20 3400 4214 / 44 7803 006 122 Email: [email protected]; [email protected]

Overview Mark Lewis, partner, leads the Commercial practice group at Berwin Leighton Paisner LLP. He qualified as a Barrister (England & Wales) in 1982 (Lincoln’s Inn, Hardwicke Scholar) and was admitted as a Solicitor (England & Wales) in 1991. In the course of over 27 years as an IT and outsourcing lawyer, first as senior counsel to the UK Treasury and the Central Computer and Telecommunications Agency and, since 1989, in the City of London and internationally, he has been involved in some of the first and largest IT and outsourcing transactions in Europe, Asia Pacific, Africa and India. He regularly represents major corporates and service providers in IT and outsourcing. On the provider side, he represents several global Tier 2 IT and outsourcing companies and, in India, a number of the Nasscom top 15 companies. He has been at the forefront of offshore and near-shore outsourcing projects in India, Sri Lanka, South East Asia, Central and Eastern Europe and Africa. Increasingly, his practice is at the intersection of IT and outsourcing with dispute resolution, M&A, private equity, securitisation, capital markets, acquisition finance, labour and HR. He advises international organisations, development banks and governments on the use of ICT and outsourcing as development tools. He is Co-Chair of Berwin Leighton Paisner’s India Group. Mark was formerly Chairman and subsequently a Non Executive Director of Morgan Chambers plc (now EquaTerra, a KPMG company), a leading global sourcing consultancy. He therefore brings to his knowledge, experience and approach as an outsourcing legal adviser a broadly-based commercial background and understanding of the global outsourcing markets. He is co-author of the IT outsourcing chapters of two practitioners’ manuals on outsourcing: the Outsourcing Practice Manual (General Editor Angel), Sweet & Maxwell, London, and Technology Outsourcing, A Practitioner’s Guide (General Editor Angel), The Law Society, London, 2003. He is author of the main IT and services chapter in the 7th edition of Computer Law, (Editor Reed), Oxford University Press, 2011.

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ARBITRATION MATTERS - 2012

Charles Marquand
4 Stone Buildings Lincoln’s Inn London WC2A 3XT t: +44 20 7242 5524 f: +44 20 78317907 [email protected] www.4stonebuildings.com

Overview Charles Marquand was called to the Bar in 1987. He has been a Fellow of the Chartered Institute of Arbitrators since 1998 and he is now a Chartered Arbitrator. He is also a member of the Association for International Arbitration. He is on the arbitral panels of the LCIA and LCIA-India, the London Metal Exchange and ICC (UK). Charles Marquand has acted as an arbitrator in a variety of commercial disputes, often with an international dimension. He has experience of all aspects of the arbitral process. As a barrister, Charles Marquand is recommended in legal directories as having particular expertise in financial services related matters. 4 Stone Buildings is a leading set of barristers’ chambers in London. It specialises in all aspects of company and commercial dispute resolution, either through arbitration or through the courts, both domestic and international. It has been consistently ranked by the legal directories (Legal 500 and Chambers UK) as one of the top civil barrister’s chambers in the UK, with recommendations in commercial law, company law, commercial chancery, insolvency, banking, financial services and related areas. It has been described as “notable for the consistently high quality of its members” and its “affable, business-like clerks” with “intelligent, commercially sound and thoroughly proficient barristers”. It comprises 32 members, with 5 Queen’s Counsel (of whom four are Deputy High Court Judges, and one a Recorder). Several members of chambers also sit as arbitrators in domestic and international arbitrations. Its members have been involved in some of the largest corporate disputes of the modern era, including most recently the Lehman Brothers collapse and the Madoff scandal. The chambers has strong overseas connections which it is always keen to develop and expand and members regularly accept instructions direct from overseas lawyers and professional clients.

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ARBITRATION MATTERS - 2012

Zia Mody
Founder and Senior Partner AZB & Partners, Advocates & SolicitorsExpress Towers 23rd Floor, Nariman Point Mumbai – 400 021 | India Tel: +91 22 6639 6880 Email: [email protected]

Overview Zia Mody is the Founder and Senior Partner of AZB & Partners and one of India’s foremost corporate attorneys. She passed her law degree from the University of Cambridge in 1978. She was enrolled as an Advocate with the Bar Council of Maharashtra & Goa in 1978 and did her LLM from Harvard Law School. She was then admitted as a member of the New York State Bar by examination in 1980. Zia worked as a corporate associate at Baker & McKenzie, New York, for five years before moving to India to set up practice, establishing the Chambers of Zia Mody, 1984-2001. In 2002, she teamed up with Bahram N. Vakil to form CZB & Partners. Ajay Bahl & Co. then merged with CZB & Partners to become AZB & Partners in 2004. The Firm has offices in Mumbai, Delhi, Bangalore, Pune and Chennai with an integrated team of approximately 225 legal professionals. Zia is a non-executive director of the HSBC, Hong Kong. She is a Vice President and member of the London Court of Arbitration (LCIA) and a member of the CII National Council on Corporate Governance and Regulatory Framework, the CII Committee on Capital Markets, the CII Committee on Financial Services, the CII Committee on Legal Services and the CII Committee on Mutual Funds. Among her many awards, Zia has received the “Best M&A Lawyer of the Year – 2012” award at the Legal Era Awards and she has been voted as “Business Woman of the Year, 2010” by the Economic Times, for which she was recently felicitated by The Society of Indian Law Firms (SILF). She has also been voted by the Economic Times as one of the country’s most powerful CEOs (2004 to 2008), and as one of the 15 most powerful Indian women leaders in 2010. She has been selected as one of the 25 most powerful women in business by Business Today in 2004, 2006, 2007, 2009 and 2010. AsiaLaw Profile hailed her as one of ‘The Leading Lawyers - India’ in the fields of Mergers & Acquisitions, General Corporate Practice, Dispute Resolution, Corporate Governance and Capital Markets & Corporate Finance for 2010 and 2011, while Asia Pacific Legal 500 and Chambers Global, have identified her as a leading individual in the Corporate Mergers & Acquisition, Private Funds, Private Equity, Litigation and Infrastructure Sectors. “Zia Mody is an obvious choice for many clients involved in large international M&A transactions” states IFLR1000.

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3:30 pm - 4:45 pm What Ails Arbitration as an Alternative Dispute Resolution Forum?

PANEL 4

ARBITRATION MATTERS - 2012

Talat Ansari
Partner Kelley Drye & Warren LLP 101 Park Avenue New York, NY 10178 Phone: (212) 808-7605 Fax: (212) 808-7897 Email: [email protected]

Overview Talat Ansari is a partner in the Kelley Drye’s New York office and chair of the India practice group. Mr. Ansari has more than 35 years of experience representing India-based industrial, servicing and trading companies. He also advises a large base of U.S. industrial and financial clients on Indian law. Mr. Ansari’s practice includes general corporate, finance and commercial issues, mergers and acquisitions, and trade regulation matters. He also represents clients in international litigation and arbitration involving Indian laws, regulations, policies and practices, including general corporate laws, banking, direct and indirect taxes, arbitration, foreign exchange regulations and foreign direct investment. Specifically, Mr. Ansari’s Indian law experience includes negotiating and structuring joint ventures, technology transfer and shareholder agreements; corporate restructuring; tax issues; the international bid process; financing and development of energy, telecommunications and other infrastructure projects; and litigation and arbitration. Mr. Ansari is ranked as one of the top Corporate & Finance: Mid-Market attorneys in the India Overseas Counsel section of Chambers Asia. Mr. Ansari is a graduate of Delhi University School of Law and St. Stephen's College.

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ARBITRATION MATTERS - 2012

Tom Canning
Partner Milbank 10 Gresham Street London EC2V 7JD T: +44-20-7615-3047 F: +44-20-7615-3100 [email protected]

Education Nottingham Law School, L.P.C. University of Sheffield, LL.B. Admissions England and Wales

Overview Tom Canning is a partner in the Litigation & Arbitration Department and is based in the London Office. Primary Focus & Experience Mr. Canning has a broad practice which covers all aspects of corporate and commercial dispute resolution. He is recognised as having particular expertise in international dispute resolution, principally through international arbitration. His clients have included federal and state governments, state-owned entities, airlines, property investment companies, satellite operators, IT and telecommunications companies, oil and gas corporations, insurers and reinsurers, accountancy firms, banks (both clearing and investment) and other financial institutions. His expertise includes: • Arbitration conducted under all of the major sets of rules including UNCITRAL, ICSID, DIAC, DIFC/LCIA, SIAC, SCC, ICC and LCIA, as well as ad hoc arbitration • Litigation in the High Court (including the Commercial Court and the Technology and Construction Court), Court of Appeal and Supreme Court of England & Wales • Applications for injunctive relief (including freezing injunctions, restraining injunctions, anti-suit injunctions and search orders) and interim remedies in aid of overseas proceedings Mr. Canning has a specialist knowledge of dispute resolution in the Middle East, a region in which he lived and practised for 3 years. Recognition & Accomplishments Mr. Canning was listed in The Lawyer Magazine’s Hot 100 List, an independently compiled list of leading practitioners in their fields. He is a member of the London Court of International Arbitration, the Chartered Institute of Arbitrators, the International Bar Association, the Dubai International Arbitration Centre and is admitted to practise before the Dubai International Financial Centre (DIFC) Court. Mr. Canning has written numerous articles which have appeared in publications such as The New York Law Journal, The Commercial Litigation Journal, Energy Risk, Energy World, Global Arbitration Review, The ICC Handbook, The Lloyd's List and various IBA publications.

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ARBITRATION MATTERS - 2012

Andrew B. Greenfield
Partner Fragomen, Del Rey, Bernsen & Loewy, LLP 1101 15th Street, N.W., Suite 700 Washington, DC 20005 Phone: 202-344-0887/202 349 2183 Email: [email protected] www.fragomen.com

Overview Andrew B. Greenfield is the managing partner of the Washington, DC office of the world's leading immigration law firm, Fragomen, Del Rey, Bernsen & Loewy. Andrew advises domestic and multinational employers, including leading technology, hospitality, professional services and consumer goods companies, financial and educational institutions, start-ups, non-profit organizations and NGO's on all matters of US immigration and nationality law, regulation, policy and global compliance, including global immigration program management. He counsels clients on visa and work permit matters and on the immigration consequences of mergers & acquisitions and other corporate reorganizations, as well as I-9/EVerify, H-1B/LCA and PERM compliance, including audit representation. Andrew's achievements in the immigration field have been recognized by Best Lawyers in America, The International Who's Who of Business Lawyers, the Legal Times, Chambers USA, Super Lawyers, and the Legal 500. Andrew's experience has included advising a global financial services firm on establishing a worldwide immigration program centrally managed from Washington, DC, with regional centers in Asia and Europe; counseling an international management consulting firm on the divestiture of its billion-dollar commercial services business and assisting the new global business in establishing an independent immigration program; successfully representing a global professional services firm charged with citizenship status discrimination before the Department of Justice's Office of Special Counsel for Unfair Immigration-Related Employment Practices (OSC); successfully representing a major US university charged with H-1B Labor Condition Application (LCA) violations before the Department of Labor's wage and hour division and office of administrative law judges; and successfully representing a Fulbright scholar seeking a hardship waiver of the two-year home residence requirement. Andrew's pro bono work in the immigration field has included his representation of the Vietnamese mother of a US soldier killed in Iraq in seeking to extend her stay in the United States. Andrew served on the board of directors for the Association for International Practical Training (AIPT) from 2007 to 2010, as well as on the executive committee of the American Immigration Lawyers Association, Washington, DC, chapter, where he has held the positions of vice chair and treasurer. He has had numerous lectures and publications commissioned. Andrew is admitted to practice law in New York and the District of Columbia and was educated at George Washington University, JD, 1992, and the University of Pennsylvania, BA, cum laude, 1989.
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ARBITRATION MATTERS - 2012

Stewart Room
Partner Field Fisher Waterhouse LLP 35 Vine Street London EC3N 2AA Phone: 207 861 4850 Email: [email protected]

Overview Stewart is a partner in Field Fisher Waterhouse's Technology Law Group, where he specialises in data protection, privacy and data security law. Stewart is a dual qualified barrister and a solicitor holding full Higher Court Rights of Audience, with 20 years’ experience as a litigator and advocate. Stewart is rated as one of the UK’s leading data protection lawyers, with considerable expertise and reputation in data protection and data security matters. Legal 500 2010 says that “Stewart Room ‘has carved out a niche in data security’ and ‘has unparalleled depth of knowledge’.” Chambers UK 2011 says “Stewart Room has enviable technological expertise and brings his skills as a barrister to bear on contentious matters. Clients praise him as ‘rigorous, dynamic and always aware of the technological issues.’” Chambers UK 2012 says “Stewart Room is the kind of lawyer who inspires confidence and is an expert in advising on security breaches.” Stewart has written three leading text books on information law, including the UK's seminal work "Data Security Law and Practice", published by Butterworths LexisNexis. Stewart's key areas of specialisation include representing data controllers in regulatory enforcement action and defending them in litigation, cyber security and data security, handling data security breaches and other incidents, the technological aspects of data processing and managing international projects. In 2008 Stewart was named as the Financial Times Legal Innovator of the Year, for his work with global IT companies on Privacy Enhancing Technologies. In 2010 his data security practice was Highly Commended by the FT Legal Innovators Awards. Stewart is also a Director of Cyber Security Challenge UK, the President of the National Association of Data Protection Officers, a member of the InfoSec Europe Advisory Board and a member of the RSA Conference Europe selection panel. Stewart's client include Vodafone, Barclays Bank, McAfee, BBC, BSkyB, Investec Bank, Sony, Sophos and various UK Government Departments and Agencies.

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ARBITRATION MATTERS - 2012

Leng Sun Chan
Senior Counsel Baker & McKenzie.Wong & Leow 8 Marina Boulevard #05-01 Marina Bay Financial Centre Tower 1 Singapore 018981 (T) + 65 6434 2588 (F) + 65 6337 5100 [email protected] Global areas of practice Dispute Resolution International Arbitration

Overview Leng Sun co-heads the Dispute Resolution practice. He is qualified in Malaysia, Singapore and England. Leng Sun was appointed Senior Counsel in January 2011 by the Chief Justice of Singapore, a designation reserved for outstanding advocates and seen as the equivalent of Britain’s Queen’s Counsel. Apart from being counsel, Leng Sun is an arbitrator and adjudicator on the panel of leading dispute resolution bodies in Singapore, Malaysia and China, such as SIAC, SCMA, KLRCA, CIETAC and CMAC. He also sits in ICC, LMAA as well as ad hoc arbitrations. He serves on statutory tribunals such as the Income Tax Review Board and the Maintenance of Parents Tribunal. He is also Chairman of the Singapore Law Society ADR Committee and Vice-President of the Singapore Institute of Arbitrators (SIArb). Leng Sun has lectured at the National University of Singapore Law Faculty and taught at the Singapore Management University. He has also served as a legal officer of the United Nations Compensation Commission in Geneva and was a SIAC-CIAC Observer to the UNCITRAL Working Group on Arbitration. Practice focus Leng Sun is familiar with all methods of Dispute Resolution, including litigation, arbitration and mediation. In addition to years of experience in maritime-related work, he has a broad commercial practice that covers international trade, insurance and company law. Professional affiliations - Chairman, ADR Committee of the Singapore Law Society. - Vice-President of the Singapore Institute of Arbitrators (SIArb) and Chairman of SIArb Education Committee. - Fellow of the Chartered Institute of Arbitrators (CIArb), the Malaysian Institute of Arbitrators (MIArb) and SIArb. Education - Master of Laws, University of Cambridge 1990 (Kuok Foundation Scholar, Pegasus Cambridge Scholar, Honorary Shell Scholar). - Bachelor of Laws (First Class Honours), University of Malaya.

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ARBITRATION MATTERS - 2012

Bharat Vasani Bharat Vasani
Chief, Legal & Group General Counsel Tata Sons Limited Bombay House 24 Homi Mody Street Mumbai, India 400 001 Tel : + 91 22 6665 7644 [email protected]

Overview Mr. Bharat Vasani is presently working as the Chief Legal & Group General Counsel of Tata Sons Ltd, the holding company of Tata Group. Mr. Vasani heads the legal function for the Group and is an important member of the senior management team of the Tata Group. Mr. Vasani has over 30 years of experience at senior management level in the corporate legal function and his key responsibilities include Mergers & Acquisitions (both domestic and cross-border), corporate restructuring, JVs, foreign collaborations, divestments, major commercial contracts, civil and criminal litigation, property matters and all legal and regulatory issues. Mr. Vasani has also extensive expertise on foreign investment and FEMA Regulations both for in-bound and out-bound investments. Mr. Vasani has extensive experience in handling complex commercial negotiations and has sound domain knowledge of various corporate laws. He is currently on the boards of Rallis India Tata Sky, Tata Capital Markets, Tata Motors Finance and Tata Securities. Mr. Vasani has been actively involved in major deals at Tatas namely: (i) De-merger of TCS Division from Tata Sons and TCS IPO (ii) CMC acquisition (iii) VSNL acquisition (iv) Corus, JLR and Docomo transactions (v) Tata Sky Joint Venture (vi) Tata AIG Joint Venture (vii) Tata-Pepsi Joint Venture Mr. Vasani was the Chairman of the Legal Affairs Committee of the Bombay Chamber of Commerce and Industry for the last 4 years. He is a member of CII and the Regulatory Affairs Committee and Co-Chairman of the FICCI Corporate Law Committee. Mr. Vasani has worked closely with several expert committees of the Government on the reform of Company Law and Competition Law. Mr. Vasani displays passion for ensuring higher standards of corporate governance and adheres to responsible and ethical conduct in all aspects of business operations.

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VALEDICTORY & VOTE OF THANKS

ARBITRATION MATTERS - 2012

N.L. Rajah N.L. Rajah
Director, Nani Palkhivala Arbitration Centre No. New 22 Karpagambal Nagar Mylapore Chennai 600 004, India Ph: +91 44 6513 080 +91 44 6565 1329 Cell: 98410 13617 Email: [email protected] www.nparbitration.in

Overview Mr. N.L. Rajah is a leading Advocate of the Madras High Court. He was called to the bar in 1986 and started his practice under Mr. S. Govind Swaminathan, former Advocate General of Tamil Nadu. He has a very extensive exposure in the field of Writs, Original side, Drafting and Conveyancing, Consumer Protection Laws, Corporate Laws and Intellectual Property Laws. Mr. Rajah is a former President of the Madras Consumer Courts Bar Association and the Trustee and Citizen of the Consumer and Civic Action Group, an Organization which is dedicated to creating awareness among consumers about their rights and helps them realize the same. He is a Founding Director of the Nani Palkhivala Arbitration Centre and a trustee of the Palkhivala Foundation. He is also the Secretary of the ‘Catalyst Trust’ a social action group involved in empowering people to realize their social and political rights. He is also a Member Advisory Committee to the Tamil Nadu Electricity Regulatory Commission. Mr. Rajah is the author of ‘Consumer Protection in India’ published by the Wadhwa Publications.

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ARBITRATION MATTERS - 2012

Shaan Katari Libby Shaan Katari Libby
Barrister, BA Hons. Oxf, MA Oxf Registrar Nani Palkhivala Arbitration Centre 22 Karpagambal Nagar, Mylapore, Chennai - 600 004 +91 44 6513 0808, +91 44 6565 1329 [email protected], [email protected], [email protected] www.nparbitration.in

Overview Born and educated in Bombay (Cathedral) for the first half of her childhood and then Madras (Sishya), Shaan did her Undergraduate and Post Graduate degrees at the University of Oxford (Christ Church). Having completed degrees in Biology and Jurisprudence, she moved to London to complete her qualification as a Barrister and was Called to the Bar of England and Wales (Member of the Honourable Society of Lincoln’s Inn). She then spent some years in America with a law firm in Southern California and the British Foreign & Commonwealth Office as Vice-Consul (Trade) in San Francisco for five years, before returning to England to set up her own Legal and Consulting firm Shaan Libby & Associates. She ran this for 3 years out of Oxford, before persuading her English husband to move to India where they now live. They have two young children. Hobbies include amateur theatre, swimming, reading, running. Shaan has been the Registrar of the Nani Palkhivala Arbitration Centre since July 2010. A qualified barrister, she handles institutional arbitration matters, ensuring procedural practices are correctly followed, runs educational courses in arbitration, conducts seminars and conferences, raises visibility by speaking at meetings and meeting companies to explain what institutional arbitration can provide and how it can be of benefit.

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SPONSOR profiles

ARBITRATION MATTERS - 2012

As Baker & McKenzie's member firm in Singapore, Baker & McKenzie.Wong & Leow is part of one of the world’s leading and most internationally diverse law firms. With broad global coverage and comprehensive local knowledge gained from nearly 30 years of operating in Singapore, we offer a unique combination of skills to help you effectively manage the challenges and opportunities of doing business in Singapore and the rest of Asia. Our team includes locally admitted and internationally qualified lawyers who mix local know-how with a global outlook, placing us in an excellent position to provide multinational, regional or domestic advice that is strategic and commercial. We can collaborate closely with you to help you achieve your business objectives. Asian-Counsel named us Most Responsive International Firm of the Year (Singapore) in 2011. Baker & McKenzie.Wong & Leow is a joint law venture between Baker & McKenzie and Wong & Leow LLC, a Singapore law firm. This enables us to advise you on both domestic and cross-border issues as one of the few full service law firms in the country. We are the only international law firm which has, through our joint venture with Wong & Leow LLC, rights of audience in the local Singapore courts. This enables us to provide the full range of litigation services to complement our international arbitration practice, for example in making or resisting applications to set aside arbitration awards, or if our clients require interim relief from the courts before the constitution of the arbitral tribunal. We have successfully enforced arbitration awards by locating and attaching assets, including ships, bank accounts and other property, in numerous jurisdictions throughout the world.The practice is headed by Leng Sun Chan (Senior Counsel) and Andy Leck with the team appearing in court litigation, arbitrations and other alternative dispute resolution processes. We have broad experience in international commercial arbitration concerning disputes across a wide range of industries such as oil and gas, coal, construction, shipping, financial instruments and insurance. We have acted on some of the largest and most complex international arbitrations in the region, with claims of up to USD1bn. We are fluent in arbitrations administered by established arbitration institutions, including the International Chamber of Commerce (ICC), Kuala Lumpur Regional Centre for Arbitration (KLRCA), Badan Arbitrase Nasional Indonesia (BANI), Singapore International Arbitration Centre (SIAC), London Court of International Arbitration (LCIA) and American Arbitration Association (AAA) as well as ad hoc arbitrations held under UNCITRAL and other rules. As part of the Baker & McKenzie network, we are able to tap our global network of firms for advice on foreign law. This means that no matter what law your contract is governed by, we have the capability to procure advice on that law. We frequently work with other Baker & McKenzie offices in the Asia Pacific region, which includes Indonesia, China, Thailand, Vietnam, Hong Kong, Malaysia, Philippines, Australia, Taiwan and Japan. Each office is a full service law firm in its own country, which ensures that you are getting quality advice given by practitioners actively practising in that country.

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ARBITRATION MATTERS - 2012

Founded in 1836, today Kelley Drye & Warren LLP has more than 350 lawyers and other professionals throughout law offices in New York, New York; Washington, D.C.; Los Angeles, California; Chicago, Illinois; Stamford, Connecticut and Parsippany, New Jersey. Outside the U.S., the Firm has an office in Brussels, Belgium. Kelley Drye helps clients reach their business goals by providing legal advice in more than 30 practice areas, delivered with efficiency, lean staffing, excellence in advocacy, early resolution of litigation and use of state-of-the-art technology. For more than 30 years, Kelley Drye lawyers have advised Indian financial institutions and Indian companies on all US law issues and represented Indian clients in various U.S. state and federal courts and in international arbitrations in the United States, UK, Singapore, Paris and other jurisdictions. India Business Law Journal selected Kelley Drye as among the world’s most highly regarded international law firms for work with Indian businesses.

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ARBITRATION MATTERS - 2012

Loeb & Loeb LLP is a multi-service law firm with more than 300 attorneys in five offices in the US, including Los Angeles, New York, Chicago, Nashville, and Washington, DC, as well as a representative office in Beijing, China. The firm focuses on select core industries and practice areas, rather than endeavoring to be all things to all clients. We represent multi-national, Fortune 100 companies in their mid-market transactions and litigation matters, and serve as primary outside counsel to a multitude of mid-market clients. The firm also represents clients ranging from start-ups to high net worth individuals and families.

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ARBITRATION MATTERS - 2012

Introduction Sheppard Mullin is a full service AmLaw 100 firm with over 550 attorneys in 14 offices located in California, New York, Washington, D.C. and Beijing, Shanghai, London and Brussels. The development and expansion of our practice in response to client needs remains the core focus of our leadership. The Sheppard Mullin Difference & ACC Value Challenge Our attorneys take the time to understand not only the legal needs of our clients but also their business objectives. Our legal and business acumen, value for fees incurred, commitment to client service, and adherence to the highest ethical standards combine to set Sheppard Mullin apart. We welcome the opportunity to meet with you to discuss value as you define it, and find solutions that work. Areas of Practice • Antitrust • Corporate • Entertainment, Media & Technology • Finance • Financial Restructuring & Insolvency Interdisciplinary Industry Teams • Advertising • Aerospace & Defense • Agribusiness • Art • Aviation • Climate Change & Clean Tech • Construction & Infrastructure • Education • Emerging Growth/VC • Energy • Government Contracts, Investigations • Real Estate, Land Use, & International Trade Natural Resources & • Intellectual Property Environment • Labor & Employment • Tax, Employee Benefits • Litigation & Estate Planning • Fashion & Apparel • Financial Institutions • Food & Beverage • Healthcare • Hospitality • Insurance • Latin American Business • Life Sciences/FDA • Maritime • Mortgage Banking • Outsourcing • Private Equity • Retail • Sports • Technology • Telecommunications/FCC • Tribal & Indian Law • Video Game • Wine

Firm Acknowledgements • 35 Sheppard Mullin attorneys were ranked by Chambers USA as Leading Lawyers, 2011. • The Legal 500 US 2011 recognized Sheppard Mullin partners (30) and practice groups as among the best in the country. • 57 Sheppard Mullin attorneys were named to the annual 2011 Best Lawyers in America list. • 90 Sheppard Mullin attorneys were named “Super Lawyers” by the publishers of Law & Politics magazine. • Sheppard Mullin was ranked among the best litigation firms by Benchmark Litigation 2010. • In a 2011 American Lawyer survey, Sheppard Mullin has been recognized as a “Go-To Litigation Law Firm” by Ingram Micro, Liberty Mutual Insurance Group, U.S. Bancorp, and Walt Disney. • The firm was recognized for delivering superior client service by BTI Consulting Group in its “Survey of Client Service Performance for Law Firms: The BTI Client Service A-Team 2010.”
Beijing | Brussels | Century City | Del Mar | London | Los Angeles | New York | Orange County Palo Alto | San Diego | San Francisco | Santa Barbara | Shanghai | Washington, D.C. www.sheppardmullin.com

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ARBITRATION MATTERS - 2012

The Tata group comprises over 100 operating companies in seven business sectors: communications and information technology, engineering, materials, services, energy, consumer products and chemicals. The group has operations in more than 80 countries across six continents, and its companies export products and services to 85 countries. The total revenue of Tata companies, taken together, was $83.3 billion (around Rs. 379,675 crore) in 2010-11, with 58 per cent of this coming from business outside India. Tata companies employ around 425,000 people worldwide. The Tata name has been respected in India for 140 years for its adherence to strong values and business ethics. Every Tata company or enterprise operates independently. Each of these companies has its own board of directors and shareholders, to whom it is answerable. There are 31 publicly listed Tata enterprises and they have a combined market capitalisation of about $92.46 billion (as on February 9,2012), and a shareholder base of 3.6 million. The major Tata companies are Tata Steel, Tata Motors, Tata Consultancy Services (TCS), Tata Power, Tata Chemicals, Tata Global Beverages, Indian Hotels and Tata Communications. Tata companies have always believed in returning wealth to the society they serve. Two-thirds of the equity of Tata Sons, the Tata promoter holding company, is held by philanthropic trusts that have created national institutions for science and technology, medical research, social studies and the performing arts. Anchored in India and wedded to traditional values and strong ethics, Tata companies are building multinational businesses that will achieve growth through excellence and innovation, while balancing the interests of shareholders, employees and civil society.

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ARBITRATION MATTERS - 2012

AZB & Partners is one of the prominent law firms in India. Our aim is to provide clear, concise and practical advice based on an in-depth knowledge of the legal, regulatory and commercial environment within which our clients operate and a full understanding of their overall business objectives. Our core values embrace operating to the highest professional standards and building supportive and strong relationships with clients. These values are communicated throughout the firm and serve to instil in all our lawyers, a full appreciation of the professional and ethical responsibilities the firm places upon them. We are characterized by professionalism tempered with openness and approachability at all levels. There are no rigid internal structures or hierarchies. We recognize the importance of the contribution of all our people towards enhancing client service. Our clients are central to everything we do. Their needs determine how we organise ourselves and the range of specialised services we provide. We aim to work in partnerships with clients to anticipate and deal successfully with the legal and regulatory aspects of their business aims and objectives. Our lawyers are members of broad practice areas which work together closely. These practice areas are structured to facilitate the sharing of technical know-how and the development of a consistently high standard of legal advice across the firm. The legal services rendered by us cover the corporate, commercial, regulatory, financial and tax planning aspects of modern businesses. We have been involved in advising in the field of mergers, acquisitions, joint ventures and general corporate, regulatory practice and securities laws, private equity, capital markets, funds practice, banking and finance, microfinance, derivatives, infrastructure and project finance, real estate, media and entertainment, information technology and business process outsourcing, employment, insurance, intellectual property, pharmaceuticals and biotechnology, taxation, aviation, competition law, and litigation and arbitration. We know that our clients needs do not stop at national borders and therefore continue to build our practice to service the developing needs of our clients. We have received numerous awards and acclaim for the quality of our overall practice as well as in specific practice areas and was hailed as the “Best M&A Law Firm – 2012” at the Legal Era Awards, 2012. The Firm has been awarded with ACQ Country Awards for Achievement 2011 in the following categories: ‘Most Trusted Law Firm of the Year – India’; ‘Full Service Law Firm of the Year – India’; ‘Law Firm of the Year – India’; ‘Capital Markets Law Firm of the Year – India’; ‘Competition of the Year – India’ and ‘Project Finance Firm of the Year – India’. The Firm has also been awarded the ‘Finance Monthly Law Firm of the Year – India (2011)’. And, the ‘Finance Asia Achievement Award for Legal Advisors to the Best India Deal’ (2010) for Bharti Airtel’s acquisition of Zain Africa and been named ‘Asian Counsel Firm of the Year 2010 for the following areas in India: Corporate / M&A, Energy & Natural Resources, International Arbitration, Insurance, Most Responsive Domestic Firm’.

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ARBITRATION MATTERS - 2012

Berwin Leighton Paisner LLP is a full service law firm with over 730 lawyers, including 190 partners in London, Abu Dhabi, Brussels, Moscow, Paris and Singapore. We provide the highest quality international advice through our offices and a non-exclusive panel of leading firms from around the world. We are committed to the Indian market with over 50 cross-practice lawyers providing a comprehensive service to both our Indian clients and our international clients doing business in India. With one of the UK’s largest, most experienced and varied IT and outsourcing practices, we represent major UK and international businesses in all kinds of IT and outsourcing transactions. A large customer-side practice combined with a strong IT and outsource provider practice means that we understand both sides in any IT and outsourcing transaction and help our clients secure effective and long-lasting provider relationships. Our transactional and advisory experience cover on-shore, near-shore and offshore IT and outsourcing and global and multi-jurisdictional transactions. We have vast experience in the use of offshore and near shore captives and build-operate-transfer structures. We have won over 20 industry awards and accolades in the past four years, including: UK Law Firm of the Year - The Lawyer Awards 2010 Technology, Media and Telecommunications (TMT) Team of the Year - Legal Week, British Legal Awards 2011 UK Outsourcing Law Firm of the Year - Acquisition International, Legal Awards 2011 Client Service Award - FT Innovative Lawyers Award 2010 (for Managed Legal Service)

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ARBITRATION MATTERS - 2012

Bird & Bird is an international legal practice with over 900 lawyers and legal practitioners worldwide. We specialise in combining leading-edge expertise across a full range of legal services including advice on commercial, corporate, EU and competition, intellectual property, dispute resolution, employment, finance and real estate matters. We provide legal advice across various industry sectors including aviation & aerospace, communications, electronics, energy & utilities, financial services, information technology, life sciences, media and sports. Our deep industry knowledge gives us: • an in-depth expertise in the law and regulatory framework across sectors; and • means we are fully conversant with business issues – enabling us not just to act on instructions but also to work in partnership with our clients to define what approach should be adopted to complement critical business issues. Our international network We have 23 offices in key business centres across Europe, the Middle East and Asia, including in Abu Dhabi, Beijing, Bratislava, Brussels, Budapest, Düsseldorf, Frankfurt, The Hague, Hamburg, Helsinki, Hong 1 Kong, London, Lyon, Madrid, Milan, Munich, Paris, Prague, Rome, Shanghai, Singapore , Stockholm and Warsaw. We also have a dedicated group focusing on India and close ties with firms in other key jurisdictions in Europe, the Middle East, Asia and the United States. We are strategically well placed to offer local expertise within a global context. As an international firm we excel in providing global advice. Our lawyers deliver expertise based on our in depth local knowledge, excellent under¬standing of the law and cross-border experience. We apply a one firm approach to meet our clients' needs and work collaboratively across our extensive network of offices. A full service firm As part of our sector-focussed approach, we offer fully integrated services as well as a broad advisory transactional and contentious capability from all our offices across numerous sectors, including in particular: IT & Outsourcing: We have an unrivalled understanding of the IT and Outsourcing sectors built over two decades. With around 180 lawyers in our practice group, we are recognised as experts who work with some of the world's largest technology companies as well as developers, distributors and suppliers of technology systems and services. Arbitration: Our International Arbitration Group is an integrated multi-disciplinary team consisting of commercial lawyers, experienced advocates and arbitrators located across offices throughout Europe, the Middle East and Asia. We are recommended by clients and peers alike for our innovative approach, sophisticated commercial advice and the depth and breadth of our technical expertise in dealing with international commercial disputes referred to arbitration. Dispute Resolution: The Dispute Resolution Group is skilled in all forms of dispute resolution (litigation, arbitration and ADR) and also in providing risk management and corporate governance advice. Our lawyers are experienced in running national disputes and more complex multi-jurisdictional disputes, as well as providing strategic advice on the best forum in which to seek to resolve a dispute.
1 Bird & Bird has a global association agreement in Singapore.

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ARBITRATION MATTERS - 2012

Bofill Mir & Alvarez Jana Abogados (BMAJ) is one of the fastest growing firms in recent years in Chile. It has over 70 lawyers, professionals from the most prestigious Universities of the country and specialists in all areas of law. The quality, creativity and efficiency of the firm’s professionals has established BMAJ as a full service firm and trusted legal counsel in complex Chilean and international transactions and disputes. Our Professionals BMAJ’s attorneys have a solid and diverse international legal background. BMAJ’s attorneys have graduated from the most prestigious Chilean universities, and many have post-graduate degrees awarded by first class universities in the United States, Great Britain, Canada, France, Germany, Holland and Chile. Some of BMAJ´s lawyers are qualified to practice law in the United States, France and Canada. AREAS OF PRACTICE Litigation Areas Litigation and Alternative Dispute Resolution: The vast experience and high level of professionalism of the members of the BMAJ Litigation and Alternative Dispute Resolution team, have made the firm a clear leader in this area. National Civil and Trade Litigation: Members of BMAJ have had an active and consistent participation in complex conflicts in all areas of Chilean business law including civil, commercial, tax, administrative, labor, and anti trust matters, and are experienced litigating before both the Chilean courts and arbitration tribunals of all levels. International Litigation among Individuals: BMAJ has had distinguished participation in multifaceted procedures before tribunals in diverse jurisdictions in the European Union and North America among others. International Litigation between State and Individuals: BMAJ has developed a successful practice providing counsel to both states and private parties in disputes private party/state disputes, particularly between investors and governments of receptor states. Internal Corporate Investigation: BMAJ has broad experience in the execution of corporate internal investigations undertaken at the request of client´s Boards of Directors or controllers and carried out independently of the corporation’s administration. Antitrust Dispute Resolution: BMAJ has developed its practice in different markets both in contentious and non contentious matters and throughout all instances, having currently an expertise on collusion and cartels, abuse of dominant position, qualification of markets, economic concentration, among others. Criminal Litigation and Defense: The criminal litigation team of BMAJ is one of the most respected in Chile specializing in white collar crimes, fraud, banking and securities matters as well as criminal liability claims related to negligence, be they personal or within the context of commercial or business activities. Mergers & Acquisitions Corporate Law Banks, Finance and Capital Markets Corporate and Commercial Areas Mergers & Acquisitions Corporate Law Banks, Finance and Capital Markets Construction, Infrastructure and Real Estate Labor Law Administrative Law International Trade Law Pro Bono

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ARBITRATION MATTERS - 2012

Field Fisher Waterhouse is more than just a European law firm specialising in providing commercial solutions for all industries and sectors. It’s our ability to embrace change and to navigate and capitalise on the changing market that makes us different. Our clients choose to work with us because we can provide exceptional lawyers with sector expertise and strong commercial understanding of their businesses. They also appreciate that we really can deliver on all counts, be it advising on regulatory matters, corporate and commercial issues, IP and technology, banking and finance or their real estate concerns. Through our network of offices in Brussels, Düsseldorf, Hamburg, London, Manchester, Munich and Paris our clients understand that they will get real value from our flexible approach to teamwork and our willingness to shape our structures and way of working to meet their specific needs. This commercial attitude, combined with our empowering and down-to-earth style, means you can trust us to provide you with the best possible legal solutions. Top rated practices • Commercial contracts • Brand management • Franchising • IT & Telecoms • Data Protection • Outsourcing & Procurement • Franchising Awards and accolades • In 2011, we were awarded TMT Team of the Year at the Legal Business Awards. • Named as "Up-and-Coming Firm" in the IP/IT and Technology category for excellence in the 10th Edition Trophée due Droit et du Contentieux 2011 Awards. • We won the 'Best Graduate Recruitment Campaign' and 'HR Team of the Year' at the 2011 Lawyer HR Awards. • We won CSR Initiative/Programme of the Year award at the British Legal Awards 2011.

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ARBITRATION MATTERS - 2012

Founded in 1951, Fragomen, Del Rey, Bernsen & Loewy, LLP (‘Fragomen’) is the world’s largest firm practicing exclusively in immigration and nationality law, with a focus on corporate immigration to facilitate recruiting, hiring, and retaining foreign workers worldwide. Fragomen has over 250 attorneys and 1000 legal professionals who work with our clients to understand their business and immigration priorities, monitor regulatory and policy developments, and draw on our extensive resources to proactively counsel clients on strategies for most effectively managing their immigration programs. Strategically located throughout the world, Fragomen has more than 30 offices in key locations across the Americas, Europe, Asia-Pacific, the Middle East and Africa. Fragomen represents a wide range of clientele in diverse industries, from large, multinational corporations, to small start-up companies and individuals, and organizations of all sizes in between. Government Relations: Fragomen is directly involved in legislative and regulatory efforts internationally, through its Government Relations Offices in Washington, DC, London, Singapore and Australia, and through extensive involvement with the American Council on International Personnel and several other prominent advocacy organizations. Temporary Visas & Permanent Residence: Fragomen assists employers to prepare and submit applications for common temporary visa classifications and to manage special or complex matters, including discreet handling of cases for senior or prominent individuals, and creating strategies for sponsoring employees with unusual professional backgrounds or in nontraditional jobs. Fragomen also assists companies sponsoring employees for permanent residence. Recognition: Since our establishment in 1951, Fragomen has grown from its initial stature as a top-ranked U.S. immigration law firm to being acknowledged as the world’s premiere global immigration law firm. Fragomen’s human resources are our most valuable asset and we employ the most highly regarded professionals in the immigration field, as evidenced by the significant number of industry publications that have bestowed awards and recognition upon the firm, including the following: • ACQ Law Awards - Fragomen is named Corporate Immigration Law Firm of the Year in Australia and Worldwide in 2011 • Chambers Global – Fragomen’s ranking reflects the highest possible awarded in the immigration category. • Best Lawyers in America - Ranked as the top firm in immigration law, and lists 19 Fragomen attorneys individually in the immigration law category. • The International Who's Who of Business Lawyers - Corporate Immigration Law Firm of the Year – 2005, 2006, 2007, 2008, 2009, 2010, 2011. • ALM and Fortune Magazine - Named a "Go-To Law Firm of the World’s Leading Companies" – 2005, 2006, 2007, 2008, 2009, 2010. • Immigration Equality "Defender of Freedom Award" - Awarded for the firm's dedication to the organization’s pro bono program as recognized at 2010 Safe Haven Awards.

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ARBITRATION MATTERS - 2012

Milbank, Tweed, Hadley & McCloy LLP is an international law firm providing a full range of legal services to many of the world’s leading financial, industrial and commercial enterprises, as well as governments, institutions and individuals. Our work reflects a blend of technical excellence, professionalism and detailed industry knowledge with global perspective and creativity. In Europe, Milbank has over 95 lawyers, including 26 partners in London, Munich and Frankfurt, advising on English, German, European, US and international law. Worldwide, Milbank has offices in Beijing, Hong Kong, Los Angeles, New York, Sao Paulo, Singapore, Tokyo and Washington, DC. Milbank’s London Litigation & Arbitration Practice The London Litigation & Arbitration team specialises in the resolution of large, high-stakes and complex business and regulatory disputes, often with a reputational angle. The team is part of Milbank’s global Litigation & Arbitration Group, which is the largest practice area in the firm, with 35 partners and nearly 200 other lawyers. The team has extensive experience of international arbitration under the auspices of all the major institutional rules, litigation before the English Courts (up to and including the Supreme Court) and the resolution of complaints, disputes and investigations before a number of regulatory authorities. Indeed, of the 5 associates across the whole of London who were listed in Chambers in 2012 as being in the elite category for dispute resolution, 2 were members of our team. The team has particular expertise in the following areas: international arbitration, complex commercial disputes, IT and communications disputes (members of the team have been involved in many of the most significant cases to go before the English Courts and regulatory authorities in these areas), disputes in the aerospace and space industries, complex project disputes, international and cross-border disputes, corporate and joint venture disputes, public law and regulatory disputes, major investigations, competition and antitrust issues, banking and financial services litigation, civil fraud, insolvency and asset recovery matters and proceedings involving injunctive relief (including search and freezing orders). The team also has extensive trial experience: our team contains barristers with significant advocacy experience, solicitor-advocates, and solicitors who have been involved in some of the largest cases to go before the English Courts. The focus is on finding creative and pragmatic business solutions to our clients’ most complex problems, whether through litigation, arbitration, regulatory proceedings, negotiation or other forms of alternative dispute resolution. We also work with our clients to help them minimise the risks of doing business by devising and implementing policies to assist in avoiding disputes.

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ARBITRATION MATTERS - 2012

Shearman & Sterling has been advising many of the world's leading corporations and financial institutions, governments and governmental organizations for more than 135 years. We are committed to providing legal advice that is insightful and valuable to our clients. This has resulted in groundbreaking transactions in all major regions of the world, including: • Asia: In Beijing, we advised on the first successful transaction done under new Chinese M&A rules and, more recently, played a key role in the US$ 2.4 billion initial public offering of Metallurgical Corporation of China Ltd, one of Hong Kong’s largest IPOs of 2009, and in Shiseido's acquisition of US cosmetics company Bare Escentuals. • The Middle East: We participated in the first power project in the Middle East that included financing from Islamic banks and also in the largest oil and gas Islamic financing and, most recently, represented the project sponsor and project company of a major refinery just outside of Cairo, Egypt. • Europe: We participated in the first US listing of a German company—Daimler Benz AG—on the New York Stock Exchange and remain front and center in transactions involving automobile manufacturers in Germany and with a broad range of companies across the continent. • Latin America: We represented the first Brazilian company to register an IPO with the US Securities and Exchange Commission and, today, have played a lead role in many of the country's most significant IPOs to date, including Santander and VisaNet. • North America: We advised on the creation of the dual class stock when Ford Motor Company went public more than 50 years ago and today remain the company's underwriters' counsel, advising on Ford's debt and equity offerings and restructuring during Ford's continued turnaround.

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NANI PALKHIVALA ARBITRATION CENTRE

ARBITRATION MATTERS - 2012

NANI PALKHIVALA ARBITRATION CENTRE
www.nparbitration.in

Founded by the Palkhivala Foundation, we aim to be a world class arbitration facility. We believe strongly in arbitration to ease the burden of the courts and to dispense justice in a speedy, cost-effective, and fair manner. To avail of our rules, any individual or company can insert an arbitration clause as an addendum to pre-existing contracts. This could simply entail an email message seeking to introduce an arbitration clause – and this being accepted by the other side. This can be done via email or in writing. For model clauses to suit your organisation feel free to get in touch. Founded by the Palkhivala Foundation, the Nani Palkhivala Arbitration Centre (NPAC) aims to be a world class arbitration facility. Based in Chennai, the Centre is modelled on the lines of the International Council of Arbitration set up by the International Chamber of Commerce, Paris. Incorporated in 2005 as a company under Section 25 of the Companies Act, NPAC is the only arbitration forum in South India to have been formally recognized by the Madras High Court. We provide the following today: Administrative services in the area of arbitration. Three arbitration halls equipped with computers, projectors, printers, and stenographers. There are approximately 40 arbitration hearings conducted here every month. The Halls are available seven days a week 10am-7pm (weekends cost extra). • Institutional arbitrations: Distinct from ad hoc arbitrations which proceed without any formal written rules, we seek to encourage slightly more structured arbitrations where our own rules can be applied along with our Schedule Of Fees. The latter are favourable to the parties as they are scaled depending on the sum in question, and the arbitrators on our panel have already agreed to accept these fees. We have recently signed contracts with major corporate groups and have begun processing institutional arbitration cases. We have addressed Rotary and Chamber events and are slowly but surely raising our visibility. • Fees are fixed on a slab basis and require the proceedings to be completed in a time-bound manner. Compliance, claims / counters are filed and monitored by our in-house lawyer Shaan Katari Libby - the Registrar. • An eminent panel of Arbitrators: We do not charge anyone to be on our panel. Instead, we seek the approval of our Board of Governors to ensure that the persons wishing to be on our panel are suitably equipped. If approved they are added to our panel and their details are available on our website. We welcome experts from all areas – not only the Law. • A functional library and wireless access: We have a modest library and are in the process of building it up to house a collection of arbitration books par excellence. We would like students and professionals to become members of NPAC and visit us through the day to research this field and use it more widely. With Arvind Datar as one of our Directors we already have a mine of information and books on our shelves. • A membership scheme enabling you to make use of our offerings with various benefits: Full details of this scheme are available on our site. We have three levels of membership: Individual, corporate, and student.

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With thanks to our Sponsors

NANI PALKHIVALA ARBITRATION CENTRE
New 22 Karpagambal Nagar, Mylapore, Chennai 600 004, India +91 44 6513 080 +91 44 6565 1329 [email protected] www.nparbitration.in