Praharsh Johorey
Praharsh Johorey is an associate attorney in the Dubai office of Gibson, Dunn & Crutcher. He is a member of the firm’s International Arbitration Practice Group.
Praharsh works with clients to resolve a wide range of complex disputes, with a focus on cross-border investment-treaty and commercial arbitrations. He has experience advising clients under a variety of arbitration rules, including the UNCITRAL, AAA, SCC and JAMS rules.
Praharsh earned a Bachelor of Arts and Laws (with Honors) from the National Law Institute University (India) in 2018. He subsequently earned a Master of Laws from Columbia Law School (USA), where he graduated as a James Kent Scholar for outstanding academic achievement, and a J.N. Tata Endowment Scholar. Before joining the firm, Praharsh served as a law clerk to Justice R.F. Nariman in the Supreme Court of India from 2019 to 2021.
Praharsh maintains an active pro bono practice at the firm, advising clients on issues of public international law and international human rights law. He is fluent in English and Hindi, and is admitted to practice in the State of New York and across India.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2023
Experience
- Law Clerk, Supreme Court of India (June 2019 - April 2021)
- Associate, Trilegal (June 2018 - May 2019)
Education
- LL.M., Columbia University (2022)
- BA.LL.B. (Hons.), National Law Institute University (India) (2018)
2 Contributions by Praharsh Johorey
PRACTICE NOTES
Energy Charter Treaty investment arbitration: jurisdictional gateways, investor/investment definitions, forum selection, denial of benefits, intra‑EU disputes post‑Achmea/Komstroy, enforcement, and 2024 Modernised ECT reforms and withdrawals
This Practice Note addresses investment treaty arbitration under the Energy Charter Treaty (‘ECT’)
This Practice Note surveys investment treaty arbitration under the Energy Charter Treaty (‘ECT’). It outlines, in summary, the ECT’s background, categories of protected investors and qualifying investments, and principal jurisdictional obstacles, such as fulfilling the obligation to seek amicable settlement, limits arising from forum selection, and use of the ECT’s denial of benefits provision. It also examines, in detail, whether ECT tribunals may hear claims by investors from one EU Member State against another (intra‑EU disputes) under the ECT, a question that has been significant in ECT case law. The Note has been revised to capture pertinent amendments to the ECT adopted by the Energy Charter Conference in December 2024 (the ‘Modernised ECT’). The Modernised ECT applies provisionally to Contracting Parties from 3 September 2025, unless a Contracting Party opted out by 3 March 2025. It will come into force on the ninetieth day after at least three‑fourths of the Contracting Parties deposit instruments of ratification, acceptance or approval, and it will apply only as between depositing Contracting Parties. At the date of publication of this Practice Note, that ratification threshold had not been reached (February 2026)...
Arbitration
PRACTICE NOTES
Investment protection standards under the Energy Charter Treaty: FET, expropriation, unreasonable and discriminatory measures, umbrella clause, with case law, Modernised ECT reforms and the right to regulate
This Practice Note focuses on the substantive protections afforded by the Energy Charter Treaty (ECT). It does not address who qualifies as an investor or investment, denial of benefits, or the ECT’s dispute settlement procedures and architecture (including arbitration). For further information on those topics, see Practice Note: Investment treaty arbitration under the Energy Charter Treaty. The expressions investor, investment and Contracting Party are used here as defined in that Practice Note. Part III of the ECT sets out a suite of provisions conferring a robust level of protection on foreign investments made within the territories of host states that are Contracting Parties to the ECT. Among the most significant clauses in Part III are Articles 10 and 13. In December 2024, the Energy Charter Conference adopted a ‘Modernised ECT’, which adjusts the substantive standards and tightens the scope of investment protection, as outlined below. From 3 September 2025, that Modernised ECT will apply provisionally to Contracting Parties that have not opted out of provisional application. It will take effect 90 days after three-fourths of the Contracting Parties lodge instruments of ratification, acceptance or approval, and then only as between those Parties that have deposited such instruments. For more information...
Arbitration
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