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Mediator Resume
Vyapak Desai
Professional Summary
Specialises in complex cross-border litigation, investment treaty disputes, and international commercial arbitration. Has advised and represented clients across sectors like technology, healthcare, media, oil & gas, and financial services in pre-litigation strategy, arbitration, and litigation before the Supreme Court, High Courts, and tribunals in India. Has acted in major international arbitrations, including before LCIA, SIAC, ICC, and ICDR-AAA. Also serves as an arbitrator and is a trained mediator.
Current Employer-Title
Nishith Desai Associates - Head, Int’l Dispute Resolution and Investigations
Profession
Mediator, Arbitrator, Attorney
Work History
Head, Int’l Dispute Resolution and Investigations Practice, Nishith Desai Associates, 2005 – Present; Advocate, Singhi & Co., 2000 – 2005.
Experience
Represented a Southeast Asian telecom investor in a multi-billion dollar investment treaty arbitration involving expropriation and fair and equitable treatment claims under a bilateral investment treaty with India.
Acted for a healthcare company in a dispute with a private equity investor regarding enforceability of obligations under a term sheet relating to a proposed acquisition of a hospital chain in India.
Advised a cryptocurrency platform in a cross-border shareholder dispute with another exchange, governed by Singapore law and administered under SIAC Rules.
Counsel to a South Asian investor in a joint venture exit dispute arising from an investment protection agreement governed by English law and administered under SIAC Rules.
Represented a foreign sovereign in resisting enforcement proceedings related to one of the largest known awards rendered under the Energy Charter Treaty.
Acted for an international real estate investor in a treaty claim involving regulatory failures, corruption allegations, and state responsibility concerning a special economic zone (SEZ) project in India.
Advised a foreign investor in challenging a judgment rendered by a national supreme court before the Judicial Committee of the Privy Council in the UK.
Represented a Japanese industrial conglomerate in two high-value international commercial arbitrations against an Indian counterparty under SIAC Rules.
Acted for a construction contractor in a dispute concerning delay and variation claims related to a pharmaceutical infrastructure project in India.
Advised an Indian infrastructure company in an international arbitration under SIAC Rules concerning disputes over construction of an LNG terminal.
Represented minority shareholders in a pharmaceutical joint venture in a multi-million-dollar arbitration concerning exit and control rights under SIAC Rules.
Counsel to an Indian manufacturing entity in a joint venture dispute involving European partners, under LCIA Rules and governed by English law.
Acted in an ad hoc international arbitration seated in London concerning a high-value contractual dispute under UNCITRAL Rules, involving global service sector players.
Represented a sovereign wealth fund in a commercial arbitration against an Indian borrower in relation to a large infrastructure project, administered by a European arbitral institution.
Acted for a private equity investor in an arbitration against an Indian conglomerate concerning an exit dispute under ICC Rules.
Advised a communications company in an international arbitration under SIAC Rules concerning earn-out disputes and non-compete enforcement.
Served as co-counsel in a retail joint venture dispute involving complex governance and exit issues, administered under LCIA Rules and seated in London.
Co-counsel to a sovereign investment entity in a Helsinki-seated arbitration concerning a loan enforcement dispute with an Indian manufacturing company.
Represented an Asia-based investment fund in an ICC arbitration involving shareholder exit and valuation disputes with an Indian conglomerate.
Acted for a construction company in the MENA region in a commercial dispute administered under LCIA Rules and seated in Doha.
Mediator Experience
Over five years of experience and appointed as a Mediator in following cases:
Appointed as mediator by Bombay High Court Mediation Centre in a pre-institution mediation related to media/social media advertising dispute between the parties, involving film production house and e-commerce retail company. Successfully settled.
Appointed as mediator by Bombay High Court Mediation Centre in a pre-institution mediation related to a commercial dispute arising out of a film distribution agreement.
Appointed as mediator by Bombay High Court in a criminal case registered arising out of a matrimonial dispute. Successfully settled.
Appointed as a mediator by the parties for a joint venture exit dispute – Food and Beverage industry
Mediation Training at the Indian Merchants' Chamber (IMC): Completed an intensive and specialized training program in mediation and conciliation conducted by the Indian Merchants’ Chamber (IMC) in 2004. The IMC, a premier industry body established in 1907, has been at the forefront of promoting ADR mechanisms in India. The mediation training, tailored for conciliators, covered practical negotiation skills, conflict resolution techniques, legal frameworks under Indian law (particularly the Arbitration and Conciliation Act, 1996), and the ethical dimensions of mediating commercial and civil disputes.
Mediator Style & Process Preferences
I approach mediation as a highly strategic process that serves its purpose especially in matters involving cross-border commercial transactions, shareholder exits, and joint venture breakdowns. My philosophy is informed by years of working on complex disputes involving private equity investors, global conglomerates, sovereign funds, and high-growth technology and healthcare businesses.
Given the complexity of disputes I typically mediate, I begin each mediation with an in-depth review of the background. I require pre-mediation summaries from both parties, focused not just on legal positions but on commercial interests, deadlock causes, prior settlement efforts, and any regulatory overlays. I also request parties to provide key term sheets, shareholder agreements, and correspondence relevant to breakdowns in trust or commercial expectations. My approach is evaluative–facilitative. I take time to understand internal escalation protocols, approval structures, and regulatory exposure. I often ask parties to come with clear authority or visibility into internal redlines for settlement.
In more personal or SME-related commercial disputes, I focus on restoring communication, clarifying contractual misunderstandings, and testing risk assessments. I expect parties to approach the mediation not as a formality but as a final off-ramp before prolonged litigation or arbitration. I discourage performative posturing or using the mediation simply to preview arguments. I promote full use of private caucuses and often conduct shuttle-style sessions where cultural sensitivities or inter-party hostility are high. Above all, I treat the process with confidentiality, seriousness, and adaptability, and I expect the parties and their counsel to do the same.
Technology Proficiency
Familiar with the various online platforms (i.e. Zoom, Webex, LoopUp, GoToMeeting, etc.), willing to conduct arbitrations virtually and to assist arbitration proceedings and conduct hearings/conferences.
Education
Gujarat University (LL.M, Corporate Laws - 2001; LL. B - 2000; Bachelor of Commerce - 1997).
Professional Licenses
Admitted to the Bar: India.
Professional Associations
Bar Council of Goa & Maharashtra, India;
Vice President, Arbitration Bar India (ABI);
Member, ABI Task Force of use of Artificial Intelligence and Technology in Arbitration;
Co-chair, Council at Mumbai Centre for International Arbitration (MCIA);
Fellow (FCIArb), Chartered Institute of Arbitrators;
Board of Directors, CIArb India Branch;
Past Member, Advisory Council, Asian International Arbitration Centre (AIAC), Malaysia;
Vice Chair, Inter-Pacific Bar Association (IPBA) – International Construction Projects Committee;
Member Delegate, ICC Commissions on Arbitration and ADR;
Convener, Indian Arbitration Forum (IAF);
Co-chair, Society of Construction Law – India, Mumbai Chapter;
Past member, Advisory Board, MCCI Arbitration and Mediation Centre (MARC), Mauritius;
Member, Board of Studies at NMIMS School of Law;
Member, Panel of Editorial Consultants-Australasian Dispute Resolution Journal;
Member, Advisory Board MNLU Mumbai's Centre for Arbitration & Research;
Member, IBA Arbitration Committee;
Registered Foreign Lawyer – Singapore International Commercial Court (SICC);
Panel of Arbitrators - Bombay High Court Arbitration and Mediation Panels;
Singapore International Arbitration Centre Panel, Asian International Arbitration Centre Panel;
London Court of International Arbitration Panel, Thailand Arbitration Centre Panel;
British Virgin Islands International Arbitration Centre;
Multi Commodity Exchange of India Ltd. National Commodity & Derivatives Exchange Ltd. (Securities and Exchange Board of India).
Recent Publications & Speaking Engagements
Publications:
Third-Party Funding for Dispute Resolution in India, April 2024;
Tracking NFTs from Code to Court, February 2024;
Enforcement of Arbitral Awards and Decrees in India, February 2024;
Time for Evolution of Sports Adjudication in India, June 2023;
Resolving Disputes Between Foreign Investors & The Indian State/ State Entities, January 2023;
International Commercial Arbitration, August 2022;
Sports Disputes in India, August 2022;
The Contours of Conducting Internal Investigations in India, August 2022;
Law of Damages in India, May 2022;
Privilege and Waiver – Without Prejudice Privilege, January 2021;
Privilege and Waiver – Attorney Client Privilege, January 2021;
Mediation, The Go-To Dispute Resolution Mechanism in India, December 2020;
Dispute Resolution in India, An Introduction, April 2020;
Construction Disputes in India, April 2020;
Enforcing U.S. Arbitral Awards and Judgments in India, January 2020;
Interim Reliefs in Arbitral Proceedings, January 2020;
International Investment Treaty Arbitration and India with special focus on India Model BIT, 2016, April 2019;
Enforcing Arbitral Awards in India- LexisNexis -2017; Chapter: Public Policy and Arbitrability Challenges to the Enforcement of Foreign Awards in India.
Speaking Engagements:
2nd International Conference on Construction Law & Arbitration – SCL India, Mumbai, 2025;
4th MCIA International Arbitration Conference, Ahmedabad (Oxford style debate moderator), 2025;
White-collar Crime and Investigation – A&M, Bengaluru, 2024;
Construction Arbitration in India – SCL, Mumbai, 2024;
The Intersection of Construction Law and Insolvency – IPBA, Tokyo, 2024;
Navigating AI – Risks, Regulations and Legal Implications – KPMG, Indo-American Chamber of Commerce & MCIA, Pune, 2024;
Practice of Law & Power of Responsible AI – Lex Witness, Microsoft, Mumbai, 2024;
Celebrating the First Anniversary of SEBI’s Online Dispute Resolution – Mumbai, 2024;
Judicial Support and Role of Courts in Arbitration – Arbitration Bar of India & Bombay Bar Association, Mumbai, 2024;
Developing Alternate Dispute Resolution and International Arbitration Centre in GIFT-IFSC – Gandhinagar, 2024;
WIPO-FICCI-ICA Webinar on Mediation and Arbitration for Life Sciences Disputes, 2024;
International Arbitration – CIArb India, Mumbai, 2024;
Third IBA India Litigation and ADR Symposium – New Delhi, 2024;
Kluwer Law International (KLI) Meet 2024 – Mumbai, 2024;
Singapore International Commercial Court (SICC) India Conference – Mumbai, 2024;
Evolution of White-Collar Crimes and Investigations – NDA-KPMG, Mumbai, 2023;
Increasing Diversity and Access in Arbitration: Role of the Stakeholders – DAW 2023, New Delhi;
New ICSID Rules: Views from Asia and the Middle East – Al Tamimi, Dubai, 2023;
The Rise in the Use of NEC Forms of Contract in Public Procurement Projects – IPBA, Dubai, 2023;
Developments in Arbitration Law of England & Wales – LIDW, London, 2023
UK-India Investments – Key Considerations and Dispute Management – UKIBC, London, 2023;
Digital Transformations in Governance, Risk and Compliance – Global Legal Confex, Mumbai, 2023;
Role of General Counsels as the Dispute Resolvers – CIArb, New Delhi, 2023;
Geopolitics and Its Impact on Asian Commercial Disputes – GAR Live, Singapore, 2023;
Institutional Arbitration and Mediation in the SAARC Region – Sri Lanka Bar (Sri Lanka/Hybrid), 2023;
Linear Projects and Its Peculiarities – SCL India, Delhi, 2023;
Arbitration in the Era of Globalisation – FICCI/ICA, Dubai, 2022;
International Commercial Arbitration, Way Forward – MCIA, Ahmedabad, 2022;
Cyber and Data Litigation – London International Disputes Week, London, 2022;
Cross Border Insolvency – CII India, Mumbai, 2022.
Compensation
Hourly Rate: $300.00
Daily Rate: Not provided
Study Rate: $150.00/hr
Cancellation: $200.00/hr
Cancellation Period: 7 Days
Comment:
Languages
English; Gujarati; Hindi
Citizenship
India
Locale
India
