Prof. Gautam Mohanty
October 9, 2023 2023-10-09 7:19Prof. Gautam Mohanty
Prof. Gautam Mohanty
Assistant Professor
Kozminski University(PhD), Warsaw, Poland, November 2020- Present
Central European University (CEU), (LLM), Budapest, Hungary, August 2016-June 2017
National Law University Odisha (NLUO), (B.B.A; LL.B) (Hons) – International Commercial Laws- Cuttack, India July 2010- April 2015
Gautam Mohanty is currently an Assistant Professor of Law at Jindal Global Law School (JGLS), India. He is currently pursuing his doctoral studies (PhD) at Kozminski University, Warsaw, Poland and is writing his thesis on the legitimacy crisis of investor state dispute settlement vis-à-vis third-party funding. He pursued his B.B.A LL.B from National Law University, Odisha. He earned his LLM from Central European University, Budapest, Hungary on a partial scholarship. His research aims at addressing issues arising out of the intersectionality between Arbitration and other laws such as Contract Law, Foreign Investment and Commercial Law. His teaching at JGLS focuses on drafting, pleading and conveyancing (DPC).
He has published several articles on international commercial arbitration, international investment arbitration and private international law. His recent works appear as book chapters and articles in International Arbitration Law Review, Oxford University Press, Hart and Bloomsbury, Springer Publications, Brill|Nijhoff. He has recently published his first book titled Enforcement of Foreign Arbitral Awards and the Public Policy Exception- Revisiting the New York Convention (Springer Nature publications). He is also a Rapporteur for Oxford International Organizations (OXIO).
SCOPUS
Published paper titled “Separability of Arbitration Agreement in Mutual Termination of Contracts in India: A Legislative Guideline” in The Journal of International Arbitration (JOIA), Volume 36, Issue 6, Pg.727-738 (2020) (Co-authored) (SCOPUS Indexed Journal). (50%)
Published paper titled “Pre-Arbitral Steps in a Multi-Tier Dispute Resolution System in India- Analysing the current quagmire and the way forward” in the International Arbitration Law Review (IntAlr)(SCOPUS Indexed Journal)(3 authors), Volume 23 Issue 3, Pg.212-232, (2020). (40%)
Published paper titled “The Hermeneutics of the Concept of Misrepresentation: Addressing the Quagmire of ‘Compensation’ in Cases of Misrepresentation under Indian and English Law – England and India” in a special issue of Liverpool Law Review. (SCOPUS Indexed Journal) (50%) (Forthcoming, June 2022).
Published paper titled “The Inimical Story of Arbitrator Bias- Halliburton v. Chubb” in the International Arbitration Law Review (IntAlr) (SCOPUS Indexed Journal) (50%) (March 2022).
NON-SCOPUS
BOOKS:
Published a Book titled “Enforcement of Foreign Arbitral Awards and the Public Policy Exception- Revisiting the New York Convention” (Springer Nature publications) co-authored with Dr. Bruno Zeller and Dr. Sai Ramani Garimella (August 2021) (ISBN: 978-981-16-2633-3) (DOI: 10.1007/978-981-16-2634-0).
BOOK CHAPTERS:
Authoring a chapter titled “Visualizing the Role of International Rule of Law in Claim Funding by Third Parties” in an edited volume titled “Public International Law and Private International Law: Charting a Blurry Boundary”, Springer Nature Publications. (March 2022) (100%).
Authoring a chapter titled “The Intersection of Arbitration and Insolvency laws: A Jurisdictional Conundrum” in an edited volume titled “Contemporary issues on the laws of Insolvency and Bankruptcy”, Eastern Book Company (EBC) (February 2022) (50%) (Invitation piece).
Authoring a chapter titled “Picking Up The Tab: Monetising Arbitral Claims And Awards” in an edited volume by The London Centre for Commercial and Financial Law. (Springer Publications) (Forthcoming) (July 2022) (50%).
Authoring a chapter titled “Intervention of NGO’s in Investor-State Arbitration: Addressing Public Interest Issues” in an edited volume by the University of Exeter and the University of Geneva. (Hart Publishing) (Forthcoming) (June 2022) (50%).
Published a chapter titled “Abeyance to Resuscitation – Construction Arbitration in the Post-Covid Era” in University of Lausanne’s series, International and Comparative Business Law and Public Policy, published by BRILL|NIJHOFF. (50%) (Forthcoming June 2022).
JOURNALS:
Published paper titled “Medima LLC v Balasore Alloys: Interim Relief in Foreign-Seated Arbitrations Revisited”, Volume 7, NLS Business Law Review (Co-authored) (50%) (Forthcoming June, 2022).
Published paper titled “The Faux Pas of the Automatic Stay Under the Indian Arbitration Act, 1996 – The HCC Dictum, Two Cherry Doctrine, and Beyond”, Volume 21, Pepperdine Dispute Resolution Law Journal (Co-authored) (50%) (April, 2021).
Published paper titled “Ex Aequo Et Bono: A redundant concept in a modern legislation? some reflections from Indian arbitral jurisprudence” in GNLU Student Law Review Vol II Issue 1, (2020). (Invitation piece)
Published paper titled “The Debate of Seat Vs Venue in International Commercial Arbitration Proceedings: – Addressing the Bone of Contention” in International Commercial Law Review, Volume 1, Issue 1, having (ISSN No-2456-2475). (100%)
Published paper titled “Understanding the Interface between Party Autonomy and Mandatory Rules in International Commercial Arbitrations” in Journal of Legal Studies and Research (JLSR), Volume 4 Issue 1 (ISSN No-2455-2437) (2018). (100%)
BLOG POSTS AND NEWSLETTERS:
Published an article titled “Joinder of Third-Party Funders in International Commercial Arbitration: – Where should we go now” in RGNUL’s student research review blog as part of ‘Excerpts from Experts”. The link to the article: http://rsrr.in/2020/09/03/joinder-of-third-party-funders/. (Invitation piece)
Published an opinion piece titled “The Covid-19 Revolution in Arbitration: Promises of a bright future?” in the ADR E-Newsletter of National Law University Odisha(NLUO). The link to the article: https://www.nluo.ac.in/research/adr-e-newsletter/. (Invitation piece)
OXFORD INTERNATIONAL ORGANISATION(OXIO) HEADNOTES:
Published headnote titled “Nelson v Mexico, Final award, 5th June 2020 (ICSID Case No UNCT/17/1), OXIO 649” available at:
https://opil.ouplaw.com/view/10.1093/law-oxio/e649.013.1/law-oxio-e649.
Presented paper titled ‘The Applicability of Data Protection Law to International Arbitration: Understanding Data Protection Obligations vis-à-vis GDPR’ at the conference ‘Transnational Dispute Resolution in an Increasingly Digitalized World’ organized by the University of Ghent. (March 2022).
Presented paper titled “The Hermeneutics of the Concept of Misrepresentation: Addressing the Quagmire of ‘Compensation’ in Cases of Misrepresentation under Indian and English Law – England and India” in the Conference Series on Contract Law in Common Law Countries: A Study in Divergence, organized by: Jindal Global Law School O.P. Jindal Global University, India and The London Centre for Commercial and Financial Law (LCF) in co-operation with the Institute of Advanced Legal Studies, School of Advanced Studies, University of London. (December 2021).
Presented paper titled “Tracing The Development of Rule of Law in International Investment Arbitration- Realising The True Potential” at the “Rule of Law Beyond Nation State” Conference organized by the Faculty of Law, the University of Belgrade. (10 September, 2021).
Presented paper titled “Abeyance to Resuscitation – Construction Arbitration in the Post-Covid Era” at “2021 Conference on Construction and Hospitality Disputes” organized by the University of Lausanne and American University, Washington College of Law. (October 2021).
Presented paper titled “Intervention of NGO’s in Investor-State Arbitration: Addressing Public Interest Issues” at the Workshop/Conference “The Potential of Public Interest Litigation in International Law” organized by the University of Exeter and the University of Geneva. (November 2021).
Presented paper titled “Picking Up The Tab: Monetising Arbitral Claims And Awards” at the Conference “6th Annual Conference on the Future of the Commercial Contract in Scholarship and Law Reform” organized by The London Centre for Commercial and Financial Law. (October 2021).
Participated as an arbitrator in the general rounds of 12th Vis Warsaw Pre-Moot (2021). Mentored the Moot Team at Jindal Global Law School for the FDI Arbitration Moot, 2020 and 2021. Participated in the online Transnational Training Workshop-Arbitration and the European Rule of law- project funded by the European Union (Horizon 2020) and hosted by The Hague University of Applied Sciences, The Center of Expertise Global Governance. (11 May 2021).
- International Commercial Arbitration
- International Investment Arbitration
- Public International Law
- Data Protection