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About Divya

She acts for multinational corporations, state-owned entities, financial institutions and high-net-worth individuals in litigation, arbitration and advisory matters across a broad range of sectors, including energy, infrastructure, shipping, telecommunications, technology, hospitality and life sciences.

Before joining The Barrister Group, Divya practised for more than two decades in India, appearing before the Supreme Court of India and various High Courts. She worked with leading Indian commercial law firms and senior counsel, developing extensive experience in high-value commercial disputes and arbitration-related proceedings.

Divya has acted in international arbitrations conducted under the LCIA, ICC, SIAC and UNCITRAL Rules, as well as ad hoc proceedings. Her experience includes matters concerning the constitution of tribunals, interim measures, the recognition and enforcement of awards, challenges to domestic and foreign awards, and disputes arising under bilateral investment treaties.

Known for her meticulous preparation and forensic approach to advocacy, she has substantial experience in oral hearings and cross-examination in complex disputes. In addition to acting as counsel, she accepts appointments as arbitrator and expert in international arbitration matters and is a member of pinqDR's panel of arbitrators.

Divya is a regular contributor to Commercial Dispute Resolution, The Bar Bulletin, the IWIA Blog and The Barrister magazine on developments in international arbitration, public international law and emerging issues affecting cross-border practice. Her articles are published on Lexology and syndicated internationally.

Languages: English, Hindi, Punjabi and Urdu

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Investor-State Arbitration

Advised an Indian energy and construction company in connection with potential claims under the India–Bangladesh Bilateral Investment Treaty, arising from disputes concerning the construction of a thermal power plant and alleged breaches of fair and equitable treatment provisions relating to changes in local laws and investment policy.

Acted as part of a counsel team in investment treaty arbitration against a host State involving allegations of expropriation and breach of fair and equitable treatment, resulting in a successful settlement and compensation for investment losses.

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International Commercial Arbitration

Successfully defended a multi-million-dollar SIAC award in proceedings brought by a state-owned entity concerning the refurbishment and upgrade of thermal power stations in northern India.

Represented a Canadian company in an international commercial arbitration concerning the interpretation of licensing provisions and minimum royalty obligations relating to patented technology.

Acted for a leading Indian pharmaceutical company in an international commercial arbitration concerning distribution agreements relating to blood-plasma derivatives for patients suffering from rare diseases.

Acted as sole counsel for one of India's largest sugar producers in arbitral proceedings before a tribunal comprising three retired Judges of the Delhi High Court, concerning international contracts for the sale and import of sugar.

Successfully defended an arbitral award arising from disputes concerning the construction of a hydroelectric project involving allegations of delay and contractual default.

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Arbitration-Related Court Proceedings

Acted in numerous complex commercial disputes and arbitration-related proceedings before the Supreme Court of India and the Delhi High Court, including applications concerning the constitution of tribunals, interim relief and challenges to domestic and foreign arbitral awards.

Acted as part of counsel teams in proceedings before the Delhi High Court concerning the recognition and enforcement of LMAA awards arising from charterparty disputes, including matters involving Maltese and Korean shipowners.

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Commercial Disputes

Acted for one of the world's largest hospitality companies in a multi-million-dollar dispute concerning licensing arrangements and trade mark rights, obtaining interim protection pending arbitration. The matter subsequently settled.

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Publications

Peer-Reviewed Articles

  • 'Arbitration as a Mechanism for the Resolution of Tax Disputes in the United Kingdom' (co-authored with Professor Mary Mitsi and Professor Vasiliki Koukoulioti), Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Vol 92, Issue 3 (2026) (forthcoming)
  • 'A Regional Approach to European Commercial Arbitration? First Regional Roundup, 2024–2025', Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Vol 92, Issue 2 (2026)
  • 'Examining the Potential Shift from Compound Interest to Mudarabeh: Aligning Global Practices, Domestic Regulations and Investment Treaties in Saudi Arabia, UAE and Egypt' (co-authored with Naimeh Masumy), LexisNexis Middle East (8 May 2025)
  • 'In Pursuit of Sustainable Development: Safeguarding the Right to Regulate', Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Vol 90, Issue 3 (2024)
  • 'Case Review: Juridical Nationality and Successive ICSID Awards', Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Vol 89, Issue 3 (2023)

Practitioner Commentary and Articles

Selected Articles on Lexology (by readership)

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Professional Appointment and Memberships

  • Member of pinqDR's panel of arbitrators — https://pinqdr.com/arbitrators/divya-kesar
  • Member of Delos Dispute Resolution's panel of arbitrators — https://member-delosdr.org/membership-account/profile/divyakesar_jafbgu/
  • Member of the Commercial Bar Association (COMBAR)
  • Member of The Honourable Society of Gray's Inn
  • Member of the Supreme Court Bar Association, India
  • Member of the Delhi High Court Bar Association
  • Member of the SOAS Arbitration and Dispute Resolution Centre
  • ERA Pledge Member
  • Former India Representative (two terms) of the Asia-Pacific Forum of International Arbitration

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Education

  • LL.M. in Comparative and International Dispute Resolution, Queen Mary University of London
  • Bar Transfer Test, BPP Law School
  • LL.B., University of Jammu, India
  • B.Sc. (Honours), University of Jammu, India

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Testimonials

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I believe Ms. Divya Kesar is an accomplished counsel and is ideally suited for challenges and opportunities beyond the shores of India. She will be an asset to the Bar wherever she decides to practice law.

Salman Khurshid Former Minister of Law & Justice and External Affairs, India
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I worked personally with Ms. Kesar on many cases and can personally attest to her ability, most notable, her ability to think on her feet, and excellent interpersonal skills.

Rajiv K. Luthra Founder and Managing Partner, Luthra and Luthra Law Offices
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She is a person of high intellectual qualities, is industrious and quick on the uptake.

The Hon. Mr. Justice Anup Jairam Bhambhani Delhi High Court
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