Legally Xenophobic

Predictably, when the Justice BN Srikrishna committee submitted its report to the law ministry last week advising the government to allow foreign lawyers to represent clients in international arbitrations being held in India, the legal community was in an uproar again. Yet again, we lawyers made it clear that we…

The trouble with privatised justice

Consider the irony: many lawyers agree that India’s justice machine has all but collapsed but Indians generally believe deeply in Indian courts. Similarly, many lawyers agree that privatised justice (also known as arbitration) has all but collapsed in India but clients generally believe they provide an exciting opportunity to transcend…

Arbitrary Arbitrations

Why is it that CFO’s don’t ask searching questions about all the ‘legal’ clauses we lawyers insert into commercial contracts? I mean stuff like Force Majeure, Representation and Warranties, Indemnities, Termination, Arbitration clauses… Is it because it’s very remote and unlikely to come to pass? Is it because it’s all…