Gourab Banerji, SA
Gourab is the President of The Arbitration Bar of India, established in May 2024 to advance alternative dispute resolution in India.
Gourab was called to the Bar in England and Wales in 1990 and also developed his practice before the Supreme Court of India as Senior Counsel with an emphasis on commercial matters, and particularly commercial arbitration. He also has experience of competition, along with other aspects of corporate transactions like mergers and acquisitions and private equity. He is a Senior Advocate practising primarily in the Supreme Court of India and specialises in domestic and international arbitration. He read law at Cambridge University where he was a Bundy Scholar and won the Norah Hunter Dias Prize, eventually graduating with First Class Honours. He was designated a Senior Advocate in 2003 and has served as the Additional Solicitor General of India from 2009 to 2014.
He was recognized as a leading Senior Advocate in the category of ‘Dispute Resolution, Supreme Court of India’ by Chambers and Partners in 2021 and has appeared in several high stake and complex matters, including commercial and investment treaty arbitrations, and has also been appointed as an arbitrator in various international commercial arbitrations seated in India and abroad, including most recently by the Supreme Court of India.
He has appeared in cases involving the scope of a court’s power while appointing an arbitrator, scope of a court’s interference with an arbitral award, levy of interest on arbitral awards, validity of multi-tier arbitral clauses, territorial jurisdiction in enforcement of arbitral awards, and validity of emergency awards, among others.
He is often asked by the Supreme Court to assist as amicus in diverse areas. He was recently appointed the amicus curiae by a Constitution Bench of the Supreme Court in NN Global Mercantile Pvt Ltd. v. Indo Unique Flame, C.A No.3802-03 of 2020, on the issue of enforceability of arbitration agreements contained in an unstamped contract. He had also been appointed amicus curiae by the Supreme Court in Union of India v. Vedanta Ltd [(2020) 10 SCC 1] which related to the enforcement of a foreign award in India. Presently, he is assisting the Supreme Court on the issue of viva voce interviews in public employment.
A National Correspondent of India for the UNCITRAL CLOUT system and the Vice Chairman of the UNCITRAL National Coordination Committee for India, he is presently a Member of the Chamber of Arbitration of the India International Arbitration Centre set up under the India International Arbitration Centre Act, 2019. He has also been nominated as a member of the Ministry of Law & Justice’s expert committee for examining the working of arbitration law in India and recommending reforms in the Arbitration and Conciliation Act, 1996.
Areas of expertise
- ARBITRATION
- INSURANCE AND REINSURANCE
- CIVIL & COMMERCIAL LITIGATION
- INTELLECTUAL PROPERTY AND SECURITIES
- TAXATION AND OTHER STATUTORY LEVIES
- SECURITIES
- INSOLVENCY, BANKRUPTCY AND COMPANY LAW
- OIL & GAS
- ANTITRUST
- LABOUR AND EMPLOYMENT
- MARITIME AND ADMIRALTY LAWS
- PHARMACEUTICAL LAWS
- INFORMATION TECHNOLOGY AND DATA LAWS
Nature of Practice
- Gourab is one of India’s foremost arbitration practitioners – both as an arbitrator and as counsel. He has been appointed an arbitrator by the Supreme Court of India in multiple international commercial arbitrations and domestic arbitrations.
- He is presently the President of the Arbitration Bar of India and a Fellow at the Chartered Institute of Arbitrators.
- Gourab acts as an arbitrator in both domestic and international commercial arbitrations, as well as investor-state arbitrations. Some of his current appointments include his nomination as a presiding arbitrator in LCIA and SIAC administered arbitrations, a nominee arbitrator in an ICSID administered arbitration, and a nominee arbitrator in a SIAC administered arbitration, among others.
- Gourab also appears as counsel in a large number of domestic and international commercial arbitrations, and investment arbitrations in India and overseas, and routinely appears before the Indian courts on behalf of clients seeking enforcement of foreign awards. He is regularly briefed by leading multi-national companies as also Indian Public Sector Undertakings.
- Gourab has developed his practice mainly before the Supreme Court of India as a Senior Counsel with an emphasis on commercial matters, and particularly commercial arbitration. Presently, a private legal practitioner, he has also been a government legal officer at the Federal and the Provincial levels.
- Gourab has been appointed as a member of a Committee set up by Government of India (Ministry of Law and Justice) on 14 June 2023 to have a relook at the arbitration law in India.
- Gourab has been appointed as a Member of the Chamber of Arbitration of the India International Arbitration Centre, set up under Section 28 of the India International Arbitration Act, 2019.
Some Important Arbitration cases
Gourab has appeared in numerous arbitration proceedings. Some notable arbitration proceedings in which he has participated, as arbitrator, in recent years are:
- Presiding arbitrator in an ongoing LCIA arbitration between a State and an Investor seated in London.
- Sole Arbitrator in an ongoing SIAC Arbitration concerning a dispute arising out of alleged deficiencies on a trading platform.
- Presiding arbitrator in an ongoing arbitration administered by SIAC regarding a dispute arising out of a coal sale and purchase contract, seated in Singapore.
- Co-arbitrator in an ongoing ICSID investment treaty arbitration between CTF Holdings SA v Ukraine (ICSID Case No. ARB/24/35).
- Co-arbitrator in an ongoing investor-State arbitration administered by the Permanent Court of Arbitration (PCA),
- Co-arbitrator in an ongoing SIAC Arbitration concerning a dispute over payment and supply of LNG, in which the agreement is governed by English law.
- Appointed as the Sole Arbitrator in an ongoing arbitration, by a bench of the Supreme Court of India, presided over by the Chief Justice of India, in M/s Arif Azim Co Ltd. v. M/s Spice Digital Limited and Another, order dated 18.3.2024 in Arbitration Petition (Civil) No. 20/2022.
- Appointed as the Sole Arbitrator in an ongoing arbitration, by a bench of the Supreme Court of India, presided over by the Chief Justice of India, in Escorts Limited (Now Escorts Kubota Limited) v Shree Balajee Infra Equipment Pvt Ltd and Others: order dated 13.12.2023 in Civil Appeal No. 8137 of 2023.
- Appointed as the Sole Arbitrator, by a bench of the Supreme Court of India, presided over by the Chief Justice of India, in Optisol Business Solutions Pvt Ltd v The Chopras Global Holdings Pte Ltd: order dated 10.2.2023 in Arbitration Petition (Civil) No. 10 of 2022. The proceedings concluded in 2024.
- Appointed as the Sole Arbitrator, by a bench of the Supreme Court of India, in a dispute between April USA Assistance Inc and Oriental Insurance Company Ltd in Arbitration Case No. 8-10 of 2018. The arbitral award, delivered by him, has been upheld by the Delhi High Court by way of a judgment dated 28.10.2021 OMP (Comm) No. 14 of 2020. The appeal is presently pending as FAO(OS)(Comm) 288/2022 before the Delhi High Court.
- Acted as a co-arbitrator, nominated by the ICC, in an international commercial arbitration governed by English law [reported in Balasore Alloys Ltd. v Medima LLC, (2020) 9 SCC 136]
- Sole arbitrator in an international commercial arbitration between a Qatar based party and an Indian Party, seated in New Delhi under ICADR Rules. (68/2020-ICADR)
- Acted as sole arbitrator in a multi-jurisdictional LCIA arbitration seated in London and governed by English Law. (LCIA Arbitration No. 183895)
Some notable arbitration proceedings in which he has participated, as Counsel, are:
- Represented the Republic of India in its Bilateral Investment Treaty arbitrations.
- Represented a South African PSU as the lead counsel in a multi-party arbitration concerning a dispute in relation to sale and purchase of shares.
- Represented a leading Chinese company as the lead counsel in an ICC arbitration concerning a dispute arising between the parties in relation to a contract for manufacturing.
- Represented a major Indian conglomerate as lead counsel in an international commercial arbitration in a dispute arising from a contract for the import and supply of coal.
- Representing a Norwegian company as lead counsel in an international commercial arbitration in relation to disputes arising out of contracts for exploring and producing hydrocarbons in India and overseas.
- Represented an Indian PSU as the lead counsel in an arbitration concerning a dispute arising between the parties under the Contract of Affreightment, where the PSU was the charterer.
- Represented an English company against an Indian textile manufacturer in respect of disputes arising out of a finance agreement.
- Represented an Indian oil company in a major international arbitration dispute pertaining to charter-hire of a drilling vessel.
- Represented a consortium of foreign companies against a public sector undertaking, in a construction dispute regarding the construction of New Delhi’s new underground metro rail.
Gourab has appeared in numerous arbitration proceedings. Some recent cases (subject matter in parentheses) concerning arbitration in which Gourab has appeared in court, are:
- Represented UNCITRAL before the constitution bench of the Supreme Court in Central Organisation for Railway Electrification v ECI SPIC SMO MCML (JV) A Joint Venture Co., 2024 SCC OnLine SC 3219. (Procedure of appointing/constituting arbitral tribunals)
- Interplay Between Arbitration Agreements under A&C Act, 1996 & Stamp Act, 1899, In re, (2024) 6 SCC 1 (Was appointed as an amicus curiae by a Constitution Bench of the Supreme Court to assist the Court on the issue of the validity of an arbitration agreement in an embedded unstamped contract)
- M/s N.N Global Mercantile Private Limited v. M/s Indo Unique Flame and Ors, [Civil Appeal No. 3802-03 of 2020] (Was appointed as an amicus curiae by a Constitution Bench of the Supreme Court to assist the Court on the issue of the validity of an arbitration agreement in an embedded unstamped contract)
- Represented Amazon Inc. in its disputes against the Future Group. (Validity of emergency awards and enforcement of a domestic awards against the award debtor and related entities)
- Glencore International AG v. M/s Shree Ganesh Metals [2025 INSC 1036] (Acted for a Swiss company in proceedings to enforce a London-seated arbitration agreement, successfully securing reference of the dispute to an arbitral tribunal
- Government of India v Vedanta Limited & Ors. [2020] 10 SCC 1 (Gourab was appointed as an amicus curiae to assist the Supreme Court in interpreting the New York Convention and the interplay of Malaysian law and Indian law)
- Glencore International AG v Hindustan Zinc Limited [O.M.P. (EFA) (Comm.) 9/2019] (Territorial jurisdiction in enforcement of foreign awards in India)
- Centrotrade Minerals & Metals Inc. v Hindustan Copper Limited [2020] 19 SCC 197 (Enforcement of foreign awards in India)
- Jaiprakash Associates Limited v Tehri Hydro Development Corporation Limited [2019] 17 SCC 786 (Levy of interest on arbitral awards)
- Antrix Corporation Ltd. v. Devas Multimedia Pvt. Ltd. (2018) 4 Arb. LR 66 (Delhi) (Challenge to a multi-million-dollar arbitration award). Also advised on enforcement of the Devas award in France and in the USA.
- M/S. Centrotrade Minerals & Metal Inc. v Hindustan Copper Ltd. [2017] 2 SCC 228 (Validity of multi-tier arbitration clauses).
- XSTRATA Coal Marketing AG v Dalmia Bharat (Cement) Ltd [2016] 6 ArbLR 270 (Delhi) (Enforcement of a foreign award in India).
Appointments
- Member of the Expert Group on Future Development of the Permanent Court of Arbitration (PCA).
- Member of the Congress Programme Committee of the 27th ICCA Congress scheduled to be held in Madrid in 2026.
- Chairman of the UNCITRAL National Coordination Committee for India (UNCCI); one of the only three UNCITRAL National Coordination Committees constituted world over under the mandate of the United Nations.
- Member of a Committee set up by Government of India (Ministry of Law and Justice) on 14 June 2023 to have a relook at the arbitration law in India.
- Member of the Chamber of Arbitration of the India International Arbitration Centre, set up under Section 28 of the India International Arbitration Act, 2019.
- Appointed as a delegate to the ICC Commission on Arbitration and ADR.
- National Correspondent of India for the UNCITRAL CLOUT System.
- Additional Solicitor General for the Union of India at the Supreme Court (2009- 2014): The Constitution of India provides for Law Officers at the Federal and Provincial levels of Government. At the Federal level, the Union of India is represented by the Attorney General for India, the Solicitor General for India and a team of eight Additional Solicitors General.
- Honorary Adjunct Professor at Jindal Global Law School. Taught a course on the ‘Recognition and Enforcement of Foreign Awards in India.’
- Vice-Chairman of the Permanent Court of Arbitration India Conference Committee.
- Appointed as a delegate to the ICC Commission on Arbitration and ADR.
- National Correspondent of India for the UNCITRAL CLOUT System.
- Part of the sub-committee of experts on Investment treaties and Investment treaty arbitrations that assisted the Law Commission of India in its 260th Report on India’s Model Bilateral Investment Treaty.
- Contributed to the Law Commission’s 246th Report on Amendment to the Indian Arbitration and Conciliation Act, 1996.
- Part of the Attorney General’s Committee set up in 2010 to suggest changes to the Indian Arbitration and Conciliation Act, 1996.
- The Government of India’s representative at the UNCITRAL Working Group on Arbitration in Vienna in October 2011.
- Additional Advocate General for the State of Uttarakhand in the Supreme Court (2002-2007).
- Additional Advocate General for the State of Haryana at the Supreme Court (2007- 2009).
- Member, National Legal Services Authority (NALSA), New Delhi (2004-2009).
Selected Recent Publications
- Authored an article titled “The Supreme Court’s Role in the Evolution of Indian Arbitration”, Justice for the Nation: Reflections on 75 Years of the Supreme Court of India, Thomson Reuters (2024).
- Author of the India chapter of the Encyclopaedia of International Commercial Litigation published by Wolters Kluwer (2023).
- Authored an article titled “Doctrine of Kompetenz-Kompetenz – Determining the jurisdictional challenge”, Arbitrator’s Handbook, Lexis Nexis (2022).
- Editor, “International Arbitration and the Rule of Law: Essays in Honour of Fali Nariman”, a Permanent Court of Arbitration publication (2021).
- Authored an article on “Third Party Funding in International Arbitration in India for International Arbitration and the Rule of Law: Essays in Honour of Mr. Fali Nariman”, a Permanent Court of Arbitration publication (2021).
- Author of the ‘India Investment Treaty Know-How’ chapter in the Global Arbitration Review in 2016 and 2017.
- Chapter titled “Enforcement of Foreign Arbitral Awards in India: Recent Developments”, in ‘Commercial Arbitration: International Trends and Practice’, published by Thomson Reuters and Maharashtra National Law University (2021).
Recent Recogntions
- Awarded the Lawyers’ of India Day award by the Bar Association of India in 2024.
- Recognised by Chambers and Partners as a notable practitioner in the Asia- Pacific region in 2025.
- Awarded the ‘Senior Counsel of the Year’ Award at the 11th Annual Legal Era Indian Legal Awards, 2022.
- Awarded the ‘Counsel of the Year – Independent Practice’ Award, at the Business World Legal World Global Legal Leaders Awards, 2020.
Career
- Barrister: M.A. Cantab (Law Tripos), 1st Class;
- Bundy Scholar, Norah Hunter Dias Prize in law;
- Magdalene College, Cambridge University (1986-1989);
- Called to the Bar in 1990 (Lincoln’s Inn);
- Practising before the Supreme Court and High Courts of India since 1989;
- Designated as a Senior Advocate in 2003;
- Overseas Associate, Essex Court Chambers (2014 – Present);
- Additional Solicitor General of India (2009-2014).
- President, Arbitration Bar of India (2024-present);
Contact
Megan Parker
Arbitration Practice Manager
Daniel Nichols
Arbitration Practice Assistant
