Vivek Kapoor
Vivek Kapoor is a barrister and arbitrator at 39 Essex Chambers. He is specialist advocate with a practice in international arbitration and commercial litigation. He is recognised for his expertise in high-value, multijurisdictional cases related to energy, infrastructure and construction, natural resources, mining and commodities, banking and financial services, civil fraud and asset tracing, sanctions, investor-state dispute settlement and public international law.
He is described in leading legal directories as “an excellent litigator”, “an expert in law”, “an excellent advocate” and “a great strategic decision maker”. Clients rate “his ability to find novel legal solutions to some of the most difficult situations is remarkable” and that he “thinks of every scenario for a case and prepares for each one, including complex and difficult ones”. His “ability to make simple arguments explaining complex legal points in both law and fact” is described as “a case winner”. In a leading judgment in the English High Court, the Judge described Vivek’s submissions as “able and persuasive”.
Vivek acts for Sovereign states and state-entities, leading Fortune 500 corporations, multinational and regional corporations, principals and their businesses from a wide range of geographies.
Vivek has an established practice as counsel before the English courts and in international arbitration. He also acts in courts of India, DIFC and ADGM, and has in the past acted in matters before the highest courts of Singapore and Hong Kong.
He also acts as arbitrator in international arbitrations. He is frequently appointed as presiding, sole, co-arbitrator and emergency arbitrator in LCIA, ICC and SIAC arbitrations, amongst others.
Most of Vivek’s counsel work is as lead counsel or sole counsel, though he regularly acts as part of large counsel teams. His work often has connections in India, Africa, Middle East, and Central and East Asia.
Practice Area
Panels
- Consulting Editorial Board
- Contributing Author
Qualified Year
- 2008
Qualifications
- Bar of England & Wales
- India
- DIFC
- ADGM
- BVI
Education
- Northwestern University, Chicago
- Panjab University, India
4 Contributions by Vivek Kapoor
PRACTICE NOTES
Arbitration Act 1996 Costs: Party Agreements, Recoverable Items, Tribunal Discretion, Interest, Funding, Capping, Awards and Appeals (England, Wales and Northern Ireland)
This Practice Note explores the treatment of costs under the Arbitration Act 1996 (AA 1996), covering the tribunal’s cost-related powers and the manner in which costs are addressed in an award.
Understanding costs
Recovering costs is a significant feature of most arbitrations. When seeking, or opposing, a costs award before the tribunal, it is essential to be clear about:
any agreement on costs between the parties
what amounts to ‘the costs of the arbitration’
the tribunal’s jurisdiction to award costs and the principles on which they do so
how interest is to be awarded
the form of the costs award
the avenues to challenge a costs award
Costs agreements between the parties
The parties may not conclude, before any dispute arises, an agreement allocating arbitration costs so that one side must bear them whatever the outcome (AA 1996, s 60). This is the sole mandatory costs provision in the AA 1996...
Arbitration
PRACTICE NOTES
DIAC Arbitration Rules 2022 and Dubai Decree 34: transition from DIFC-LCIA/EMAC and key changes on DIFC seat, consolidation and joinder, expedited and interim measures, costs, and virtual hearings
This Practice Note examines the implications of replacing the DIAC Arbitration Rules 2007 with the 2022 rules, together with the impact of Decree No 34 of 2021 concerning the Dubai International Arbitration Centre (Decree No 34)...
Introduction
The Dubai International Arbitration Centre (DIAC) has released the DIAC Arbitration Rules 2022 (2022 Rules). Taking effect on 21 March 2022, the 2022 Rules superseded the earlier DIAC Arbitration Rules 2007 (2007 Rules). Their arrival follows the controversial Decree No 34 of 2021 concerning DIAC (Decree No 34)...
Decree No 34 abolished:
the DIFC Arbitration Institute (DAI), the body that had formed a joint venture with the London Court of International Arbitration (LCIA) to create the DIFC-LCIA Arbitration Centre; and
the Emirates Maritime Arbitration Centre (EMAC), with both DAI and EMAC being consolidated into DIAC...
Decree No 34 further provided that:
arbitration clauses designating DAI and EMAC would continue to be valid and operative, but DIAC would replace those institutions in administering disputes arising from such agreements; and
arbitral tribunals constituted before the date on which Decree No 34 came into force in cases...
Arbitration
PRACTICE NOTES
Interest on damages and costs in arbitration: tribunal powers, pre- and post-award interest, including AA 1996 s 49 and Late Payment of Commercial Debts (Interest) Act s 12
This Practice Note reviews the law and practice on awarding interest on damages and costs in international commercial arbitration, with specific reference to the law of England and Wales and the Arbitration Act 1996 (AA 1996). It also draws on comparative guidance from investment treaty arbitration. To compare this issue across jurisdictions globally, see our International Comparator Tool.
Which law determines the award of interest in arbitration proceedings?
The decision whether to award interest, and the appropriate rate, rests with the arbitral tribunal, which must first identify the basis for awarding interest. In doing so, the tribunal will assess:
any agreement between the parties (in the arbitration agreement, the main contract, or reached later)
the terms of any applicable arbitral rules or legislation (including provisions for statutory interest)
the relevant applicable law
In practice, any express agreement by the parties will be applied. Where no agreement exists, the tribunal’s power to award interest is governed by the law of the seat of the arbitration, rather than the law governing the underlying contract...
Arbitration
PRACTICE NOTES
Navigating applicable laws in international arbitration: capacity, governing law, arbitration agreement and seat, with English law guidance and the 2025 default rule for seats in England, Wales and Northern Ireland
A key distinction between domestic arbitration and international arbitration is the need to determine which system of law governs specific questions. In a domestic arbitration, it is highly probable that a single jurisdiction’s law will regulate all matters. In international arbitration, the situation can be markedly different. The potential bodies of applicable law include:
the law governing the parties’ capacity to enter into the arbitration agreement
the law applicable to the substance of the dispute
the law applicable to the arbitration agreement
the law of the seat of the arbitration
the law and procedure of the courts for recognition and enforcement of an award
When making their choice of applicable law, parties should recognise the risk of inconsistencies between these various laws. For example, whether a particular dispute is capable of being referred to arbitration may attract different conclusions under the law governing the substance of the dispute, the law governing the arbitration agreement, the law of the arbitral seat, and the law governing recognition and enforcement of the award...
Arbitration
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