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Abhinav Bhushan *
Year of call: 2008
*Called 2008 (India Bar)
Abhinav is an international arbitration specialist with subject matter expertise on the rules of different arbitral institutions in general, and of the ICC Rules of Arbitration in particular.
He was the first Indian Deputy Counsel of the ICC Court, and assisted the ICC Court in analysing, presenting and resolving difficult and novel issues which arise in international arbitration. He has assisted the ICC Court in the award scrutiny process of international arbitral awards from different jurisdictions. These arbitrations often included complex issues related to emergency arbitration, jurisdictional objections, multi-party, multi-contract situations, constitution of the arbitral tribunal, consolidation of multiple cases and joinder of parties, objection to confirmation and challenges to arbitrators, jurisdiction of arbitrators, conflict of interest and costs.
Abhinav was a part of the ICC Secretariat and its administration of 1000s of active arbitration cases across a range of industry sectors including energy, infrastructure, commodities, aviation, pharmaceuticals and others.
As Director of ICC Arbitration and ADR Services, he advised on the interpretation of ICC Rules and the ICC’s latest policies on transparency disclosure and costs, including expeditious determination of manifestly unmeritorious claims or defences and expedited procedures. He conceptualised and executed intensive courses on ICC Arbitration which included substantive legal topics related to international arbitration.
He was instrumental in establishing the ICC’s Singapore case management team in collaboration with the Government of Singapore.
Prior to his LLM in the US, Abhinav was an associate at a leading law firm, Mulla & Mulla & Craigie Blunt and Caroe in Mumbai, India where he worked on matters related to litigation (corporate contentious) and arbitration. He was also an adjunct lecturer on the Law of Contracts, Law of Torts and the Indian Penal Code. He was a student clerk (intern) with the current Chief Justice of India, Honourable Dr Justice D Y Chandrachud.
Abhinav has lived in India, US, France and Singapore.
(* Non-Barrister)
Areas of expertise
Litigation and Dispute Resolution
Abhinav is a trusted point of reference for lawyers and general counsels in the region for assistance on the interpretation of institutional and ad-hoc arbitration Rules. He has an excellent command on matters related to arbitration and litigation that arises out of arbitration. He has been a speaker in over 180 international arbitration conferences and training programs and has interacted with key individuals, companies and other stakeholders in the region. He is regularly contacted by the General Counsels to assist with their dispute resolution and litigation strategies.
Commercial Arbitration
Over the years and as Director of ICC Arbitration & ADR Services, Abhinav has overseen thousands of commercial arbitration cases. He has advised professionals on the interpretation of ICC Rules and the ICC’s policies on transparency disclosure and costs, including expeditious determination of manifestly unmeritorious claims or defences and expedited procedures. Abhinav, as an arbitrator, sits on a range of commercial arbitration sectors.
Arbitrator
Abhinav regularly acts as an arbitrator in international and domestic arbitrations under of the rules of most of the major institutions including the ICC, SIAC, LMAA, as well as in ad-hoc arbitrations. He has been appointed on the Singapore International Arbitration Centre (SIAC), Reserve Panel of Arbitrators, Singapore, panel of arbitrators by the Shanghai Arbitration Commission (SHAC), Shanghai, China; and the panel of arbitrators by the Asia International Arbitration Centre (AIAC), Kuala Lumpur, Malaysia. He also serves on the Governing Council of the International Arbitration & Mediation Centre (IAMC), Hyderabad, India. Abhinav has spoken in over 180 international arbitration conferences and training programs around the world.
Cases of note:
- Appointed as President in an ICC Arbitration. The arbitration is between a Spanish and a Nepalese company. The English law governed dispute is seated in Singapore and related to a service agreement in the aviation sector.
- Appointed as Sole Arbitrator in a SIAC Arbitration. The arbitration is between two Indian companies and is governed by Indian Law. The dispute relates to a distribution agreement in the F&B industry.
- Appointed as Sole Arbitrator in an ICC Arbitration. The arbitration is under the ICC’s Expedited Rules between an Indian company and an Indian State Entity. The Indian law governed dispute relates to the sale-purchase of imported boiler coal.
- Appointed as co-arbitrator in three different but parallel LMAA arbitrations. The English law governed disputes is between German and Russian parties and governed by the LMAA Terms 2021.
- Appointed as co-arbitrator in an ad-hoc arbitration between an Indian company and a Bangladeshi State-owned entity. The Bangladeshi law governed dispute relates to the delay, and disruption in the rehabilitation of a project.
Qualifications
Education
Columbia Law School - New York
- LL.M. with Parker School of Foreign and Comparative Law Certificate
- Focus: International Commercial Arbitration, Transnational Litigation, and Corporations
- Academic Research: Research Assistant to Prof. Horatia Muir Watt, James S. Carpentier Professor of Law
- Activities: Senator, Columbia Student Senate; Member, Columbia International Arbitration Law Association
Government Law College, Mumbai, India
- Graduated with First Class Honours
- Awarded the outstanding student award for five consecutive years on the basis of excellence in academics and leadership
Washington University, St. Louis, Missouri, USA
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Summer Course of American Law
Advanced PIDA Training on International Commercial Arbitration
Conducted by the ICC International Court of Arbitration in Paris, France
Memberships and Arbitration Institution Affiliations
- Appointed on the Singapore International Arbitration Centre (SIAC) Reserve Panel of Arbitrators, Singapore.
- Appointed on Shanghai Arbitration Commission (SHAC) panel of arbitrators, Shanghai, China.
- Appointed on the Asia International Arbitration Centre (AIAC), panel of arbitrators, Kuala Lumpur, Malaysia.
- Appointed on the Governing Council of the International Arbitration & Mediation Centre (IAMC), Hyderabad, India.
- Member, Core Committee, ICC India Arbitration Group.
- Member, ICC India Strategy Group.
- Member, ICC Singapore Arbitration Group.
Selected Publications
- Chapter, “Emergency Arbitrator: Role and Powers”, Lexis Nexis’s Arbitrators Handbook by Shashank Garg – 1st Edition 2022. [co-authored]
- “Ruckus of the Rent – Delhi High Court may have an answer”, Bar & Bench (22 May 2020) Available here. [co-authored]
- India Chapter, "Enforcement of Investment Treaty Arbitration Awards", (Second edition, ed. Julian Fouret, Globe Law and Business, published January 2021) Available here. [co-authored]
- Chapter 17, “Arbitral Institutions; ICC Chapter” Arbitration in India, ed. Dushyant Dave, Martin Hunter, Fali Nariman, Marike Paulsson, Kluwer Law International, ISBN 9789041182555.
- Bhushan, A. (2021) India. In: Grishchenkova, A. & Polevshchikova, T. (eds.) Arbitration in Asia. Moscow, Russia, BukiVedi, pp. 41-54, ISBN 978-5-4465-3207-0.
- Alexis Mourre & Abhinav Bhushan, ICC Rules and Arbitration in India, 7(1) Indian J. Arb. L. 1 (2018) Available here.
- Supreme Court Clarifies Restrictions on Foreign Lawyers’ Arbitration Practice, ICC Dispute Resolution Bulletin, Issue 2, 2018. Available here. [co-authored]
- Chapter, The Applicability of the New York Convention in India, (Enforcing Arbitral Awards in India, Lexis Nexis, ISBN: 9788131250983).
- “Standard and Burden of Proof in International Commercial Arbitration: Is there a bright line rule?” American Review of International Arbitration, Vol. 25, Nos. 3-4, 2014. Available here.
- India Chapter, Enforcement of Investment Treaty Arbitration Awards, (First edition, ed. Julian Fouret, Globe Law and Business) [co-authored].
- India Chapter, Enforcement of Investment Treaty Arbitration Awards, (Second edition, ed. Julian Fouret, Globe Law and Business) [co-authored].
- “One for the Money”, Kluwer Arbitration Blog (31 March 2014) Available here. [co-authored].
- “The Ghost of the Governing Law Returns: Lex Arbitri v. Curial Law in India”, Kluwer Arbitration Blog (26 February 2014) Available here. [co-authored].
- “The Back and Forth of the Arbitrability of Fraud in India”, Kluwer Arbitration Blog (13 February 2014) Available here.[co-authored].
- “The Use of Technology in International Arbitration Proceedings in Emerging Countries”, (Corporate Disputes Magazine, Financier Worldwide Ltd.) [co-authored]
Additional Information
Bar Admissions: India
Languages
English (native), Hindi (native), Urdu (conversational)
Nationality
Indian
Domiciled
Singapore
