Mr George Pothan Poothicote is a practising advocate before Supreme Court of India and High Courts in India and a leading expert in international law and arbitration. He is a graduate of King’s College, London with an LLM, he has held various positions including that of Legal Consultant to the Ministry of External Affairs, Government of India and also as a member of the UNCITRAL-CLOUT Steering Committee. He has worked on complex international legal issues, including investment treaty disputes, treaty negotiations, and arbitrations. He has represented India in high-profile forums such as UNCITRAL, where he has been actively involved in investor-State dispute settlement reforms and also serves as the coordinator of the UNCITRAL National Coordination Committee India (UNCCI).
1. Could you walk us through your transitions from completing LLM at King’s College to your appointment as a Legal Consultant for the Ministry of External Affairs and practising as an independent advocate?
Having completed my law and having enrolled in 2010, a year on I went to pursue my LLM from King’s College where I had my real brush in international law and arbitration. It is close to a decade and a half since I began my legal practice.
During my LLM at King’s College, I delved deeply into international law and developed a keen interest in how treaties influence global relationships and economic policies. It was here I came across some of the renowned names in this field, like Martin Hunter, Toby Landau, V.V. Veeder, Salim Moollan, Samuel Wordsworth, amongst others. Incidentally, it was at this time India faced its watershed moment courtesy the adverse award in the White Industries case. This was followed by a slew of other notices received by India and India rethinking its investment treaty policy. Therefore, it was not really a transition but perhaps just being at the respective places at a particular time.
My time at the Ministry of External Affairs provided first-hand exposure to the significant role treaties play in shaping sovereign decisions, fostering investor confidence, and resolving disputes.
What truly drew me to this field was its high-impact nature. It not only shapes bilateral and multilateral relationships but also has a direct bearing on economic development and public policy. The challenge of finding a balance between protecting investors and preserving sovereign rights deeply resonated with me. Moreover, the constantly evolving jurisprudence in investment arbitration ensures that the work remains both intellectually stimulating and rewarding.
Through my involvement in complex negotiations and disputes, I developed a strong sense of confidence in this specialisation. It allowed me to combine in-depth legal analysis with strategic planning, enabling meaningful contributions to the interests of States and the broader global legal framework.
2. Many lawyers spend years finding their niche. What led you to specialise in treaty negotiations and investment arbitration, and what made you confident this was the right field for you?
Opportunities to work on or be part of treaty negotiations and investment arbitration naturally evolved from my academic and professional experiences and opportunities that came by. My time as the Legal Consultant to the Ministry of External Affairs provided first-hand exposure to the significant role treaties play and the intricacies between international law and diplomacy. It also provided me with a glimpse of how sovereign decisions are shaped and the workings of multilateral fora like the United Nations.
What is truly fascinating about this field of law is how it not only shapes bilateral and multilateral relationships but also has a direct bearing on economic development, public policy and the world order. The challenge is to strike a balance between protecting investors and preserving sovereign rights in a multifaceted and evolving world. Moreover, the constantly evolving jurisprudence in investment arbitration ensures that the work remains both intellectually stimulating and rewarding.
The opportunities to be part of and advice on negotiations and complex disputes and the opportunities to represent India at UNCITRAL sessions helped me develop a sense of confidence in this niche area of law. It provided a platform to combine in-depth legal analysis with strategic planning, enabling meaningful contributions to the interests of the State(s) and the broader global legal framework.
3. As someone who has interacted closely with Mr Fali S. Nariman in various capacities, what are some of the most impactful lessons or principles you have learned from him that you have incorporated into your professional journey and approach to tackling challenges?
I first met Mr Fali Nariman on a reference from one of my faculty at LLM, the late Martin Hunter. He was always warm and welcoming and had time for anyone who reached out to him.
I count myself fortunate to have had the opportunity to have been closely associated with him and to have benefited from his guidance. He was a friend, guide and mentor with whom I could converse on any topic under the sun.
While discussing the cases, he was a hard taskmaster but the most generous and gracious in appreciating your point of view and suggestions. It was always interesting to hear his anecdotes from his travel to what happened in court and the briefings — he remembered them all, including the lawyers who briefed him and what happened in particular cases, how they prepared for it, etc. Conversations with him were not just anecdotes but also lessons on how to prepare for a case. It was not just the case files; he also used to suggest books and articles to read.
He used to ask me about what I was working on, and we used to discuss the cases or legal propositions, and he was always there to guide me and help me without even asking for it. These used to be casual discussions over a cup of tea or a delicious meal, and in the following days, I would either receive a call or an email with suggestions on what I should read and how to go about it in my case.
What I have learnt from him is the importance of dedication, humility and hard work. Here, I would like to borrow from his autobiography “Before Memory Fades”, which I have quoted in other places too:
(i) A lawyer’s opinion should be honest and responsible.
(ii) A good lawyer should acquaint oneself with relevant law, including case law on the subject at hand.
(iii) One should be clear and precise, not confused.
(iv) One should keep oneself informed and up to date?? with all the reported judgments and decisions of the Supreme Court and High Courts.
(v) A lawyer should be well prepared for his case.
His remarkable ability to distil complex legal issues into simple, persuasive narratives that resonate with Judges and arbitrators has been particularly inspiring. Observing his work has underscored the significance of clarity, coherence and structure in crafting legal arguments. Mr Nariman’s loss is irreplaceable, especially to those who have known him closely.
4. You have advised multiple sovereign States on investment treaty claims and related proceedings. What unique considerations arise when defending a State’s interests in such high-stakes cases?
Advising or defending a sovereign State in investment treaty claims is a challenging and nuanced task that requires a thorough understanding of public policy and the national interest. These disputes are not merely private disputes; they often touch on critical areas such as regulatory autonomy, governance priorities, and the protection of a State’s security including economic and political sovereignty.
A key consideration is safeguarding a State’s right to regulate in the public interest while fulfilling its international commitments. This involves crafting arguments that justify the legitimacy and necessity of regulatory measures, particularly when they are contested as unfair, arbitrary or discriminatory. One ought to understand that these disputes have significant implications.
Investment treaty disputes also require a forward-looking approach. Beyond resolving the immediate claims, it is crucial to assess the long-term impact on the country’s economic policies, its investment climate, and future treaty negotiations. Legal decisions in these cases can set important precedents that influence the future.
These proceedings often unfold in highly visible international arenas, where legal, political, and diplomatic considerations are closely intertwined. Successfully managing this interplay demands not only strong legal advocacy but also the ability to align the case strategy with the state’s broader geopolitical and economic goals.
Ultimately, defending a State in investment treaty disputes involves protecting the State’s sovereign rights, fostering investor confidence, and upholding principles of fairness and equity, all while demonstrating the State’s commitment to international law.
5. How do you view the evolution of investment arbitration in India, particularly with the 2015 Indian Model BIT? What more can be done to create a favourable environment for foreign investment while protecting sovereign interests?
Investment arbitration is still a niche area of law in this part of the world. The 2015 Indian Model BIT marked a significant shift in India’s approach to investment arbitration. It marked a shift to safeguarding sovereign space. The revised model was an outcome of the lessons learnt from regulatory autonomy and exposure to substantial financial liabilities in investor-State disputes. The question is, was it a knee-jerk reaction — I would still like to believe and rightly so, that the Model BIT is just a starting point for negotiations, and we cannot have an approach of one bill fits all. With each country or economic grouping, the negotiations need to be carefully crafted, also keeping in mind the interests of India and Indian investors.
Key provisions of the 2015 Model BIT are perceived to be more restrictive to investors and investments. However, these are aimed at reducing frivolous claims while ensuring that the State retains the ability to regulate in the public interest.
The Model BIT aside, the need of the hour is efforts to foster a favourable investment environment that balances investor confidence with sovereign interests. Here, consistency in policymaking at all levels of Government and in the judicial process is critical, more so because, under international law, the actions of courts are covered as part of the State. Frequent changes or ambiguity in investment-related laws and regulations can discourage foreign investors.
Transparency in dispute resolution is vital. Strengthening India’s domestic legal framework to ensure impartial, efficient, and robust mechanisms for resolving disputes could reduce reliance on international arbitration. Enhancing domestic institutions, particularly those handling commercial disputes, would help build investor confidence in India’s legal system.
Additionally, introducing a structured mediation mechanism within the investment dispute resolution framework could be beneficial. Mediation offers a cost-effective and amicable alternative to arbitration, providing a platform for resolving disputes in a manner that aligns with the interests of both investors and the State. Innovative mechanisms like SSDS State-to-State dispute settlement (SSDS) replacing ISDS investor-State dispute settlement (ISDS) or the proposed multilateral investment court could perhaps be the way forward.
India could also learn from best practices in other jurisdictions by creating a repository of precedents and guidelines for investment treaty negotiations and dispute management. This would promote consistency and informed decision-making in treaty drafting.
Finally, active participation in international and multilateral forums is crucial. Engaging actively through informed minds, in initiatives such as the UNCITRAL reforms on ISDS would allow India to contribute to shaping global norms while ensuring these frameworks align with our best interests. This would also reinforce India’s reputation as a responsible and progressive investment destination.
By addressing these areas, India can achieve a careful balance—creating an investment-friendly environment while preserving its sovereign right to regulate in the public interest.
6. As a legal professional with significant experience in international law and arbitration, how do you view the role and significance of legal research engines such as SCC OnLine in facilitating legal research and staying abreast of legal developments, particularly in the context of international treaty disputes and investment arbitration?
Legal research platforms like SCC OnLine have revolutionised modern legal practice. The extensive repository of legal resources, including judgments, statutes, commentaries, academic articles, etc., both domestic and international, makes it essential for legal professionals to have access to tools that consolidate and present this material in an organised and accessible manner.
Building on a platform like this to provide comprehensive access is especially crucial in areas like investment arbitration, where practitioners often rely on a blend of domestic and international legal principles to construct their arguments. The ability to cross-reference precedents and laws across jurisdictions through a single platform not only saves time but also improves the accuracy and depth of research.
Additionally, the contextual insights offered by these platforms are indispensable. Beyond merely providing judgments, SCC OnLine includes headnotes, summaries, and analyses that help users quickly grasp the key issues and implications of a case. This is particularly beneficial in international disputes, where understanding the nuances of a precedent and its application to similar cases can significantly influence the strategy and outcome.
In treaty disputes, where evolving jurisprudence and the interaction between public international law and domestic law play a critical role, staying informed about global legal developments is essential. SCC OnLine bridges the gap between academic research and practical application by providing access to scholarly commentaries and discussions on emerging trends. For example, analyses of ISDS reforms or the interpretation of provisions in BITs or how courts have decided on various aspects of cases arising out of treaties can help practitioners anticipate changes in the legal landscape and prepare accordingly.
Furthermore, platforms like SCC OnLine contribute to making legal knowledge more widely accessible, benefiting professionals, academics, and students alike. This accessibility fosters and supports the growth of the legal profession. In today’s interconnected and complex legal environment, these platforms are essential for informed decision-making and effective practice.
7. In high-stakes projects like treaty reforms, how do you determine when the research is exhaustive enough to proceed with recommendations, given the constant evolution of international arbitration frameworks?
In the legal field, research and learning can never be determined to be sufficient as jurisprudence all over the world is constantly evolving. In areas like Treaty reform, there ought to be a comprehensive approach, combining an understanding of historical precedents, a comparative analysis of treaties from across the world, and a forward-looking assessment of how international arbitration frameworks may evolve.
The foundation of thorough research lies in historical analysis. Examining the origins and evolution of existing treaties helps identify their strengths and weaknesses. This should also include reviewing past cases, arbitral awards, and the interpretation and application of treaty provisions. This is critical for drafting provisions that are clear, enforceable, and aligned with policy goals.
Comparative analysis is a key aspect of robust research. Studying treaties of other States, groupings, or international organisations offers valuable perspectives on best practices and innovative approaches. For example, exploring how other jurisdictions incorporate or word a particular provision coupled with the lessons learnt, helps identify common pitfalls and could be used to find innovative solutions.
Equally important is a forward-looking assessment. As international arbitration frameworks evolve, analysing trends in ISDS such as greater transparency, public participation and the balance between investor protection and State sovereignty are crucial in today’s time.
Beyond legal analysis, interdisciplinary insights are essential for well-rounded recommendations. Treaty reforms often have economic, social, and political consequences. This requires consultations from people across varied disciplines like lawyers, economists, policymakers, stakeholder consultations and experts in various relevant fields.
Research can be considered satisfactory when it produces a comprehensive framework that addresses current challenges and anticipates future developments. This framework should outline clear principles, practical mechanisms, and flexible provisions that can withstand scrutiny over time. Another challenge is responding to potential criticisms or legal challenges to the proposed reforms.
While thoroughness is important, it is equally critical to acknowledge that no treaty can anticipate all future developments. Building review and amendment mechanisms into the treaty allows it to adapt to changing circumstances. Therefore, the research should focus not only on immediate solutions but also on creating structures that can evolve over time.
In short — determining research to be complete is when it is detailed enough to address current needs and anticipate future challenges while being practical enough to form the basis for timely and actionable reforms.
8. With such a demanding career which includes Government work, and also spans arbitration, litigation and global engagements, how do you ensure you maintain a balance between your professional commitments and personal life?
Striking a balance between professional commitments with a fulfilling personal life is challenging but essential. For me, striving to achieve this balance requires careful planning, effective time management, and a conscious effort to prioritise personal well-being alongside professional responsibilities.
The foundation of maintaining this balance lies in good time management. I try to make my plans by striving to allocate specific time slots for work, family, and personal activities. This structured approach ensures I am productive during working hours while also dedicating quality time to my personal life.
Setting clear boundaries between work and personal life is just as important. While my profession often demands long hours, I make an effort to disconnect from work during personal time. These boundaries not only help me recharge and stay fresh but also prevent burnout and keep me focused when I am working.
This process also allows me to identify sources of stress and take steps to manage them, whether by delegating tasks, simplifying routines, or seeking support from colleagues and family. I also try and invest in personal growth by learning and exploring interests outside of my professional field, which enriches my perspective and adds meaning to my life.
Balancing work and personal life is not a one-time effort but an ongoing process that requires flexibility and adaptability. By staying attuned to my needs and those of my family while meeting my professional responsibilities, I strive to create a life that is both fulfilling and sustainable. This balance allows me to give my best in all areas of my life without compromising on my career or personal relationships.
9. For young lawyers looking up to your journey, especially in international arbitration, what would you say are the personal qualities or skills they need to develop to succeed in this niche but impactful field?
International Arbitration offers young lawyers a chance to operate at the intersection of law, commerce, and global relations. It is a niche discipline, requiring a unique blend of technical expertise, cultural awareness, and professional acumen. For those aspiring to make their mark in this area, developing specific qualities and skills is essential. Some of them are as follows:
First and foremost, strong analytical and legal reasoning skills are the foundation of success in international arbitration. Lawyers must analyse statutes, treaties, case law, and contractual provisions with precision. A thorough understanding of diverse legal systems—ranging from civil law to common law traditions—is equally critical, as arbitration disputes often straddle multiple jurisdictions.
Cultural awareness and sensitivity are indispensable in international arbitration. Parties often hail from different countries, bringing their own legal traditions and cultural nuances. Effective communication and collaboration require not only technical competence but also an appreciation of these differences. Being culturally sensitive fosters trust and can significantly enhance the ability to navigate cross-border disputes.
Mastery of procedural rules is another cornerstone of success. Aspiring arbitration practitioners must familiarise themselves with institutional frameworks, such as those of the Permanent Court of Arbitration (PCA), International Centre for Settlement of Investment Disputes (ICSID) etc., as well as ad hoc mechanisms like UNCITRAL. Understanding procedural aspects—such as the seat of arbitration, rules of evidence, and enforcement of awards—enables lawyers to advise their clients effectively and avoid procedural pitfalls.
Clear and persuasive communication skills, both oral and written, are vital in arbitration practice. Attention to detail is equally crucial and lawyers must master the art of articulating arguments and draft submissions with clarity and precision.
The ability to adapt to different legal systems, client expectations, and case complexities is a hallmark of successful arbitration practitioners. Commercial acumen is another valuable asset. Understanding the commercial context of a dispute allows lawyers to align their legal strategies with the business interests of their clients, enhancing their value as advisors.
Continuous learning is a necessity in any field of law including international arbitration. Staying updated by reading journals, judgments, attending conferences, and pursuing specialised training ensures that young lawyers remain relevant and effective in their practice.
Networking and mentorship play a vital role in shaping a career in international arbitration. A mentor’s guidance can provide invaluable insights and help navigate the complexities of this niche field.
Finally, ethics and integrity form the bedrock of a lasting and successful career in arbitration. Trustworthiness, professionalism, and adherence to ethical standards are non-negotiable. In conclusion, international arbitration is a challenging but rewarding field.
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