WHILE growing up, Priyesh Daya’s parents had taught him important lessons that he has passed on to his children: “Failure is a stepping stone to success and you must work to accomplish your goals.”
Daya, 52, of Lenasia in Johannesburg, a partner at the law firm Webber Wentzel, was appointed as a member of the International Chamber of Commerce's (ICC) International Court of Arbitration for a three-year term that commenced on July 1.
The ICC International Court of Arbitration is the world's leading arbitral institution; facilitating the resolution of international commercial and investment disputes.
As a member of the court, Daya will join a distinguished panel of international legal professionals responsible for upholding the court's high standards and ensuring the efficient administration of arbitral proceedings.
Daya’s experience spans various industries. He has served both private and public entities, including parastatals. His expertise is particularly deep in mining, oil and gas, financial services, telecommunications, and construction and engineering.
He matriculated from MH Joosam Technical Secondary School in Lenasia and has a BA and LLB degrees from the University of the Witwatersrand as well as diplomas in corporate law, labour law and tax law from Rand Afrikaans University (now the University of Johannesburg).
“I also have several certificates in commercial law, entertainment law and construction from the American Bar Association and other institutions,” said Daya, who added that he initially started out at a trade school but soon realised it was not his forte and thereafter pursued a career in law. The decision, he said, had given him an opportunity to be an agent of change.
He said court members were appointed on the proposal of ICC national committees and groups; and that his name was put forward by ICC South Africa, and the nomination was confirmed by vote at the ICC's World Council.
Daya said he would still be based in South Africa.
“The ICC is headquartered in Paris, but it administers arbitrations throughout the world and most of the court's work is conducted virtually. There are, however, some in-person sessions and conferences. I attended the ICC's Africa Conference in person in Nairobi in May and I hope to attend the annual working session of the court in Paris in October.”
On the comparison of the two jobs - at Webber Wentzel and the ICC International Court of Arbitration - Daya said: “As a partner in the dispute resolution team at Webber Wentzel, I advise on litigation, arbitration, and alternative dispute resolution to a range of clients, including both private corporations and public, parastatal entities across various sectors. This includes mining, oil and gas, and financial services.
“Although the ICC’s International Court of Arbitration is called a court, we do not make formal judgments on disputed matters and our role is to exercise judicial supervision of ICC arbitration proceedings, assist parties and arbitrators and ensure proper application of the ICC's Arbitration rules.
“My primary duties and responsibilities will be to confirm, appoint and replace arbitrators; monitor the process of ICC arbitrations to make sure they are performed properly; scrutinise and approve arbitral awards; set and manage the fees and costs in ICC arbitrations and oversee emergency proceedings before the start of an arbitration.”
Daya said the ICC International Court of Arbitration was made up of court members globally.
“I am the only member for South Africa, although Chloe de Jager, a South African lawyer who practises at Pinsent Masons, has been appointed as an alternate member for South Africa.”
In a statement, Christo Els, Webber Wentzel's senior partner, said: "Priyesh's appointment to the ICC International Court of Arbitration signifies our peers' respect for his expertise in international arbitration and reflects our unwavering commitment to excellence in this field of law. Having a representative on the court strengthens our ability to contribute to the continued development and effectiveness of international arbitration, ultimately benefiting our clients as they navigate complex cross-border disputes."