This statement sets out the standards I apply to independence, impartiality and disclosure, and the process by which conflicts are checked before I accept any appointment or instruction. It applies to appointments as arbitrator, to instructions as party-appointed or tribunal-appointed expert, and to advisory instructions behind counsel.
It is published so that parties, tribunals, instructing firms and funders can assess my position before making contact, rather than after.
1. Standards applied
For India-seat arbitral appointments
The Arbitration and Conciliation Act, 1996, as amended, governs. Specifically:
Section 12(1) — I make written disclosure, in the form set out in the Sixth Schedule, of any circumstances likely to give rise to justifiable doubts as to my independence or impartiality, and of any circumstances likely to affect my ability to devote sufficient time to the arbitration and to complete it within the statutory timeline.
Fifth Schedule — I assess every proposed appointment against the grounds listed, which guide the determination of justifiable doubts.
Seventh Schedule — I do not accept an appointment falling within any category of the Seventh Schedule. Under Section 12(5), a person falling within those categories is ineligible to act, and that ineligibility is capable of waiver only by an express agreement in writing entered into after the dispute has arisen. I do not solicit such a waiver, and I decline appointments where the Seventh Schedule is engaged.
For international and foreign-seat matters
IBA Guidelines on Conflicts of Interest in International Arbitration, 2024 edition (adopted by the IBA Council on 25 May 2024, replacing the 2014 edition). I apply the General Standards in Part I as governing, and the Red, Orange and Green Application Lists in Part II as the practical guide — not the other way round.
For expert instructions
CIArb Protocol for the Use of Party-Appointed Expert Witnesses in International Arbitration, Article 4 (independence, duty and opinion).
IBA Rules on the Taking of Evidence in International Arbitration, 2020 revision, Article 5, including the independence requirement at Article 5.2(c).
Where an institution's rules or a tribunal's directions impose a stricter or different standard, that standard prevails.
2. What I disclose
I disclose, without waiting to be asked:
Relationships with parties and affiliates — any current or prior professional, commercial or advisory relationship with a party, an affiliate of a party, or a person or entity with a controlling influence over a party, whether or not the matter is related.
Relationships with counsel — any prior instruction by, or professional relationship with, the law firm, chambers or Senior Advocate appearing, including the number and approximate timing of prior instructions within the preceding three years.
Repeat appointments — the number of appointments received from the same party, the same counsel or the same law firm within the preceding three years, whether as arbitrator or as expert. This is disclosed as a matter of course rather than only where I consider it material.
Relationships with co-arbitrators and experts — professional relationships with proposed co-arbitrators, and with any expert appearing in the matter, including where I have previously heard or worked alongside that expert.
Third-party funding — where I am aware that a party is funded, the existence of the funding and the identity of the funder, together with any relationship I have with that funder. The 2024 IBA Guidelines treat a third-party funder with a direct economic interest in the award as bearing the identity of the party for conflict purposes, and I apply that approach.
Published positions — where I have publicly expressed a view on an issue of law or method that is material to the matter in dispute, I disclose the publication. My written commentary is public and indexed on this site.
Sectoral and prior-employment connections — my prior service in the Indian Customs administration and my prior engineering and corporate roles are set out in full in my CV. Where any of those connections bears on a party, a project or an issue in dispute, I disclose it specifically rather than relying on the CV.
Capacity constraints — my current caseload and any commitment likely to affect my ability to meet the timetable, including the statutory timelines applicable to India-seat arbitration.
Continuing obligation. Disclosure is not a one-time exercise at appointment. It continues throughout the proceedings, and I disclose any circumstance arising or coming to my knowledge after appointment promptly and in writing to all parties and to the tribunal.
When in doubt, I disclose. Where I am uncertain whether a circumstance requires disclosure, I disclose it and leave the assessment to the parties and the tribunal. A disclosure that turns out to be unnecessary costs nothing. A non-disclosure that turns out to be material costs the award.
3. Conflict check process
Step 1 — Preliminary check (one working day). On receipt of the information listed in section 4, I run a check against my engagement records, prior instructions and relationships. I revert with one of three answers: no conflict identified; a circumstance requiring disclosure, set out in writing; or a conflict precluding acceptance.
Step 2 — Written disclosure. Where any circumstance is identified, I provide it in writing before accepting the instruction — in Sixth Schedule form for India-seat arbitral appointments — for the parties to consider.
Step 3 — Acceptance. I accept only after the disclosure has been provided to, and considered by, all parties and, where constituted, the tribunal. I do not begin substantive work before that point.
Step 4 — Ongoing monitoring. Engagement records are maintained so that later instructions can be checked against existing matters. Any subsequently arising circumstance is disclosed promptly.
Confidentiality of the check itself. Information provided for a conflict check is treated as confidential whether or not the instruction proceeds, is used only for the check, and is not disclosed to any third party. Where a conflict precludes acceptance, I say so without identifying the source of the conflict where doing so would itself breach a confidentiality obligation to another party.
4. Information required for a conflict check
Please provide:
Full legal names of all parties, and of their parent, subsidiary and affiliate entities so far as known.
Names of counsel, law firms and chambers instructed on all sides.
Names of any co-arbitrators, proposed arbitrators, and experts appointed or proposed.
The identity of any third-party funder, and of any insurer with an economic interest in the outcome.
A one-line description of the subject matter, the sector and the project, sufficient to identify prior sectoral involvement.
The seat, the governing law, the institution or ad hoc status, and the applicable rules.
The approximate value in dispute and the indicative timetable.
mt@manojthakur.in | +91 98205 95964
5. Independence in practice
Disclosure addresses the appearance of independence. These are the working rules that address the substance of it.
Duty to the tribunal. As an expert, my duty is to the tribunal and not to the party instructing or paying me. Where the analysis does not support the instructing party's position, I say so — in writing, at the earliest point at which I know it, and in the report itself. An instructing party is entitled to know that early. It is not entitled to a different answer.
No contingency, success or conditional fees, in any capacity. My fees are charged on a time or fixed-fee basis and are payable irrespective of outcome. A fee linked to the result is inconsistent with the independence required by Article 4 of the CIArb Protocol and Article 5.2(c) of the IBA Rules, and is a legitimate and effective line of cross-examination against any expert who accepts one. I will not accept an instruction on that basis. This applies equally in funded matters: my arrangement is with the instructing party or funder on a time or fixed-fee basis, never linked to recovery.
No role-switching within a dispute. I do not act as expert in a matter in which I have advised a party on strategy, and I do not accept an arbitral appointment in a matter or a related matter in which I have acted as expert or adviser. Where an existing relationship makes a proposed role inappropriate, I decline the later role rather than the earlier one.
Assumptions stated separately from opinion. Instructions received and assumptions applied are recorded distinctly from analysis and conclusion, so that the tribunal can identify which conclusions are contingent and on what.
Reports are mine. I do not sign a report I have not authored and cannot defend under cross-examination. Where others have contributed analysis, the contribution and its extent are stated.
Draft reports. I discuss scope, methodology, data and factual accuracy with instructing counsel. I do not accept amendments to opinion, and any exchange concerning a draft is disclosable to the extent the tribunal directs.
Resignation. If a circumstance arises during proceedings that in my judgment compromises my independence and cannot be cured by disclosure, I withdraw. I would rather lose an engagement than lose the ability to give an opinion that is worth having.
6. Current position
Empanelment: Indian Institute of Arbitration and Mediation (IIAM).
Professional memberships: INSOL India and INSOL International; International Fiscal Association; Society of Construction Law; The Chamber of Tax Consultants; GSTAT Bar Association.
Governance: Registered on the Independent Directors Databank maintained by the Indian Institute of Corporate Affairs under the Ministry of Corporate Affairs. Where an independent directorship or audit committee role creates a connection to a party, that connection is disclosed and, where it engages the Seventh Schedule, the appointment is declined.
Publications: My written commentary on Indian indirect tax, customs and dispute practice is published on this site and is public. Where a published view bears on an issue in dispute, I disclose the publication rather than relying on the reader to find it.
This statement is a description of process and standards. It is not legal advice, and it does not itself constitute disclosure in any particular matter. Disclosure in a given appointment is made in writing to the parties and the tribunal in the applicable form.