From NLU Delhi Professor to Arbitrator: DY Chandrachud’s Role in Wintershall-Russia Dispute

This nomination of Chief Justice D.Y. Chandrachud as an arbitrator in the dispute between the Russian Federation and Wintershall Dea is a significant example of the intersection of his academic background and his ability in the field of law.

Early in the year 2025, the German energy firm Wintershall Dea started two arbitration procedures against Russia, alleging that Russia had expropriated its joint-venture assets as a result of the company’s choice to withdraw from the Russian market as a result of geopolitical strife.

According to the corporation has attempted to seek remedy under international commercial arbitration procedures and bilateral investment treaties. The company believes that its damages exceed around €5.3 billion.

As a professor of law at the National Law University in Delhi, Dhananjaya Yashasvi Chandrachud rose to prominence a significant amount of time before he was appointed to the bench of the Supreme Court.

A new generation of attorneys who had a profound comprehension of the theoretical underpinnings of arbitration was cultivated as a result of his teaching of constitutional law and alternative dispute settlement at that institution. The importance of procedural fairness and the role that impartial venues play in the resolution of cross-border conflicts was stressed in his research.

His colleagues remember his lobbying for India’s active involvement in international arbitration panels. This was a position that he reinforced years later as Chief Justice when he brought attention to the under-representation of Indian arbitrators in global forums.

Under the Arbitration and Conciliation Act of 1996, Chandrachud, while serving as Chief Justice of India, delivered many important rulings that reinforced the autonomy of the parties involved. The idea that he supported in his majority ruling in the case of Cox & Kings v. SAP India was that non-signatories might be bound by arbitration agreements where they were part of a composite transaction.

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This position modernized India’s commitment to international arbitration principles. In addition, he presided over a decision by the Constitution Bench that declared unilateral appointment terms in public-private contracts to be unlawful. This served to reinforce that parties are treated equally throughout the entirety of the arbitration process.

Chandrachud was chosen for a three-person panel pursuant to the UNCITRAL Arbitration Rules by Wintershall Dea and Russian authorities in conjunction with this background information. Alongside arbitrators that were proposed by both the claimant and the respondent, his nomination was announced in May of 2025.

Observers of the industry point out that his propensity for impartiality and his extensive involvement with arbitration law made him an appealing candidate. His job is to decide whether Russia’s nationalization measures were legitimate activities in accordance with the applicable treaties or if they were wrongful expropriation that rights Wintershall Dea to compensation. This is a difficult matter to answer.

However, according to insiders, proceedings are scheduled to begin at The Hague later this year. The procedural venue of the case is still veiled in the same kind of anonymity that is usual of high-stakes international arbitration.

Because of new Russian legislation that asserts exclusive jurisdiction over disputes involving sanctioned organizations, the tribunal will have to deal with questions of jurisdiction that are complicated by this law.

This development has already disappointed other claimants who have brought their cases before Russian courts. For the purpose of addressing arguments about enforceability and anti-suit injunctions, it is anticipated that Chandrachud’s previous statements on the necessity of diverse and impartial arbitrator panels will serve as a source of data for the tribunal.

The move of Chandrachud from professor at NLU Delhi to international arbitrator highlights the expanding worldwide impact of Indian jurists in the field of business dispute resolution, according to the Indian legal profession on the whole.

In addition, it is quite probable that his involvement in the Wintershall Dea arbitration will motivate young Indian attorneys to pursue competence in investment treaty arbitration. The interpretations that the tribunal provides will be the focus of everyone’s attention as the procedures go.

These interpretations will not only be based on the merits of Russia’s acts, but also on procedural concerns that have the potential to affect future arbitrations involving state-owned corporations and sanctioned states.