Harshad Pathak

Education

• B.A., LL.B. (Hons.), National Law University, Delhi
• LL.M. in International Dispute Settlement (MIDS), The Graduate Institute (IHEID), Geneva and the University of Geneva

Profile

Harshad’s areas of practice and research include international commercial arbitration, investor-state dispute settlement, and public international law. He works as a Consultant (International Arbitration) with Mayer Brown, Paris, where he represents foreign investors and states in investor-state disputes. Having previously worked with law firms in Delhi, Geneva, and Brussels, he has acted as counsel in arbitral proceedings pursuant to the ICSID Convention, UNCITRAL Arbitration Rules, SIAC Rules, ICC Arbitration Rules, VIAC Rules of Arbitration and Mediation, among others. 

Harshad has taught arbitration-related modules at the National Law University, Delhi, Sciences Po Law School, Paris, and the Indian Council of Arbitration. He has published his research on related issues in diverse journals.

He is presently a doctoral candidate at the University of Geneva; his research explores the relationship between international investment law and colonialism from the lens of Third World Approaches to International Law (TWAIL). 

Publications

Articles

• The Devas-Antrix Saga and the Enforceability of Annulled Awards, 41(3) ASA Bulletin (2023) [forthcoming]
• Deconstructing India’s Evolving Approach toward International Investment Agreements, IISD ITN Quarterly (July 2023) (with Shantanu Singh) 
• Non-Participation by States in Investor-State Arbitration Proceedings, 14(2) Trade, Law & Dev. 37 (2022)  
• The Energy Charter Treaty Crisis – Old Wine in a New Bottle, 2(2) Indian Rev. of Int’l Arb. 74 (2022)
• Book Review: Handbook of International Investment Law and Policy, 13(2) Tsinghua China L. Rev. 335 (2021)
• The Arbitrability Doctrine and Tribulations of Tribunalisation, 10(1) Indian J. of Arb. Law 72 (2021) (with Pratyush Panjwani)
• Jurisdictional Conflicts between Investment Treaty and Commercial Arbitration, 12(3) J. of Int’l Disp. Set. 367 (2021) 
• Judicial Comity in International Dispute Settlement, 1(2) Indian Rev. of Int’l Arb. 26 (2021)
• Consenting to Counterclaims under the ICSID Convention, 19(1) Pepperdine Dispute Res. Law J. 101 (2019)
• A Principled Enquiry into the Waiver of Annulment Proceedings, 13(1) NALSAR Student Law Rev. 100 (2019)
• Enforceability of Interim Orders issued by Foreign-seated Arbitration Tribunals, 33 Young Arb. Rev. 25 (2019) (with Anirudh Krishan Gandhi)
• The Amendments to the Indian Arbitration & Conciliation Act of 1996: A View from Abroad, 199 ICA Arb. Q. 7 (2018) (with Joachim Knoll) 
• India’s Tryst with Non-Signatories to an Arbitration Agreement, 36(3) ASA Bulletin 145 (2018) 
• Mandatory Rules and the Dwindling Restraint of Arbitrability, 5 NLUD Student Law J. 82 (2018) (with Pratyush Panjwani)
• Parallel Proceedings in Indian Arbitration Law: Invoking Lis Pendens, 34(3) J. of Int’l Arb. 509 (2017) (with Pratyush Panjwani)
• The Loss of Industrial Character under the Sick Industrial Companies (Special Provisions) Act, 9 NUJS L. Rev. 41 (2016)
• Beyond the Binary: Rethinking Gender Neutrality in Indian Rape Law, 11(2) Asian J. of Comp. Law 367 (2016)
• Education as Commodity and the Revolving Doors of Jurisdiction, 4(1) Int’l J. of Consumer Law  & Practice 80 (2016)
• On the Maintainability of Review against a Section 11 Order, 4(2) Indian J. of Arb. Law 87 (2016)
• The Jurisdictional Dilemma Surrounding the Intellectual Property Appellate Board, 20(1) J. of IPR 51 (2015)
• Effect of Bribery in International Commercial Arbitration, 4(2) Int’l J. of Public Law & Policy 131 (2014) (with Divya Srinivasan, Pratyush Panjwani, and Punya Verma)
• Assimilating the Negative Effect of Kompetenz-Kompetenz in India, 2(2) Indian J. of Arb. Law 24 (2013) (with Pratyush Panjwani) 

Book Chapters

• State Owned Enterprises in the MENA Region, in Karim Youssef and Gordon Blanke (eds.), International Commercial and Investment Treaty Arbitration in the Middle East and Africa (Kluwer) (with Dany Khayat and William Ahern) [forthcoming]
• Mediating Investor-State Disputes, in Gracious Timothy (ed.), Mediation and Conciliation in India (Kluwer 2022) (with Pratyush Panjwani)

Blogs

• Pure Vibes, Critical Legal Thinking Blog (24 January 2023) 
• Consent to Investor-State Arbitration through Municipal Law, Cambridge Int’l Law J. Blog (17 December 2022)
• Umbrella Clauses in International Investment Law, ArbDossier ICAR (4 May 2021)
• Vodafone: India’s first failed defence of taxation measures, Jus Mundi Blog (29 October 2020) (with Ranjeev Khatana)