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Betamax v STC: The Privy Council's Approach to the Public Policy Exception & Its Potential Impact in Asia and Africa


Jul 8, 2021 03:46 PM

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Bilshan Nursimulu
Barrister @5 Fifteen Barristers / Orison Legal
Bilshan is a UK-qualified barrister practising in Mauritius. His practice focuses largely on commercial litigation and international arbitration, with particular interest in African and Asian related matters. He has contributed to several publications on international arbitration concerning the Mauritian jurisdiction and is a member of the Steering Committee of the Young Mumbai Centre for International Arbitration. Bilshan acted as junior Counsel in the Betamax arbitration and enforcement proceedings before the Supreme Court of Mauritius, and assisted the panel of English lawyers in the appeal before the Privy Council.
Stuart Isaacs QC
Barrister @Wilberforce Chambers
Stuart has an established reputation as a barrister specialising in international commercial arbitration and litigation, with a particular focus on London and Asia. He was the first London QC to be authorised to practise as a foreign lawyer in Singapore. Stuart advises and represents clients in court and arbitration proceedings worldwide. He sits regularly as an arbitrator and is a Deputy Judge of the High Court of England and Wales. Stuart was the lead Counsel for Betamax in the arbitration proceedings and before the Supreme Court of Mauritius.
Rishab Gupta
Partner @Shardul Amarchand Mangaldas
Rishab is a Partner at Shardul Amarchand Mangaldas and leads the firm’s arbitration practice in Mumbai. His experience includes arbitrations seated in Delhi, Mumbai, Singapore, London, the Hague, Stockholm, New York, Washington D.C, Sudan and Rwanda, conducted under the ICC, UNCITRAL, SIAC, SCC, LCIA and ICSID Rules. The subject matter of these arbitrations have included long-term energy concessions, investment treaties, joint venture agreements, construction contracts, and intellectual property, among others and they have involved common law, civil law and Islamic law systems. He co-chairs the Steering Committee of the Young Mumbai Centre for International Arbitration. Rishab acted for Betamax in enforcement proceedings in India.
Gerhard Rudolph
Partner @Allen & Overy, Johannesburg
Gerhard is head of the Litigation & Investigations department in Allen & Overy's Johannesburg office and is a member of the firm’s International Arbitration group. He has extensive experience in representing and advising both domestic and multinational corporate clients in a broad range of contentious matters in South Africa, across the African continent and beyond. He focuses on large disputes in the energy, mining and infrastructure sectors; complex transactional and regulatory disputes involving financial institutions, including regulatory and compliance investigations, asset tracing, global recovery processes and judicial commissions of enquiry; and contentious restructuring and insolvency disputes for a number of local and multinational corporates. Gerhard is also regarded as one of the leading construction law specialists in South Africa.