Global Arbitration Dynamics Explored at India ADR Week 2026
The India ADR Week 2026, held in Mumbai, gathered legal experts to discuss the intricate factors influencing the selection of arbitral seats in the context of global competition. The event focused on how jurisdiction-specific ecosystems and geopolitical neutrality are reshaping the landscape of international arbitration.
During a panel discussion titled “Cross-border Disputes in a Fragmenting World,” experts delved into how geopolitical shifts and sanctions impact the choice of neutral seats. The session was skillfully moderated by Abhileen Chaturvedi, Partner at Cyril Amarchand Mangaldas. The panelists included Rashna Mistry, General Counsel at Tata Projects; Dr. Salman Al Tuweel, Managing Partner at M&CO Legal; Sharad Bansal, Advocate at Bombay High Court; and Tarini Srivastava, Associate General Counsel at Worley.
Support for Domestic Arbitration
Throughout the discussions, in-house legal leaders expressed strong support for domestic arbitration processes. Rashna Mistry emphasized her preference for India-seated arbitration, citing the country’s capable arbitrators, proficient legal counsel, and esteemed institutions. Mistry questioned the necessity of opting for foreign-seated arbitration given her projects’ domestic base.
Tarini Srivastava echoed this sentiment, praising the depth of local expertise. She noted, “Any dispute brought to an Indian arbitrator would be familiar in some form or scale. Our arbitrators have extensive experience and understanding of grassroots issues, making it easier to present cases.”
Sharad Bansal endorsed arbitral mechanisms over traditional litigation, especially for international contracts, due to their effectiveness in enforcement. Dr. Salman Al Tuweel underscored the importance of execution post-judgment, stating, “Having the judgment is one thing, but enforcing it is the main challenge we must address.”
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Global Competition Among Arbitration Seats
A subsequent panel, moderated by Shreni Shetty, Partner at ANB Legal, focused on the competitive landscape among global arbitration seats. The panel comprised Philipp Hanusch, International Arbitration Partner at Baker McKenzie; Smitha Menon, Partner at WongPartnership LLP; Sudharsanan R Thillainathan, Senior Dispute Resolution Partner at Adnan Sundra & Low; and Sara K Aranjo, Partner at Morgan Lewis.
Shreni Shetty referenced a Queen Mary survey highlighting London, Singapore, and Hong Kong as premier arbitration seats. She stressed that the choice of a seat is about more than just a venue for hearings; it serves as the arbitration’s home.
Philipp Hanusch elaborated on Hong Kong’s unique legal framework, highlighting its dual role under the People’s Republic of China while maintaining its own autonomous jurisdiction and independent common law system. He pointed out the city’s direct access to mainland Chinese courts for interim asset freezing orders.
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Sudharsanan Thillainathan criticized the conventional approach to seat selection, urging a move away from decisions based on habit or perception. Smitha Menon described Singapore as a “corporate-style neutral,” likening it to a large corporation, “Singapore Inc.,” that offers true neutrality.
Sara K Aranjo emphasized the dual legal systems available in the Middle Eastern seats, highlighting their substantive legal depth beyond superficial perceptions of glamour. She pointed out that these regions provide access to both common law and civil law systems, offering significant advantages for arbitration.
