Corporate INTL September 2015

Page 31

Arbitration, ADR & Litigation

India Karanjawala & Company was founded in 1983 by Mr Raian Karanjawala and Mrs Manik Karanjawala, and operates today out of two offices in New Delhi. The firm has eight partners and a strength of about 70 lawyers at present. The firm over the years has come to dominate the litigation landscape and has serviced a wide variety of clients from ordinary litigants to royal families, politicians, corporate houses and the largest media companies. It is equally at ease handling the day-to-day cases of ordinary litigants as it is handling the legal disputes of many royal families. The firm has also been engaged before various Commissions of Inquiry set up in India to investigate politically sensitive events that have occurred which the government of the day felt were of sufficient importance to merit the appointment of a special commission of inquiry. Over the years, the firm has also developed a very strong arbitration and mediation practice. The firm features in over 400 reported judgments of the Supreme Court and has filed and dealt with more than 18,000 matters till date. Though historically, the firm’s practice began with a predominant Supreme Court and High Court emphasis, it has today expanded in a manner which ensures that it has a presence in all the subordinate courts and tribunals in the NCR, including: District Courts, Appellate Tribunal for Electricity, National Green Tribunal, Company Law Board, Telecom Disputes Settlement and Appellate

Tribunal, Competition Appellate Tribunal, National Consumer Disputes’ Redressal Commission, State Consumer Disputes’ Redressal Commission, Appellate Authority of Industrial and Financial Reconstruction, Board of Industrial and Financial Reconstruction, Debt Recovery Tribunals & Debt Recovery Appellate Tribunal, etc. The approach of the firm is reflected in its working creed. The firm believes in thoughtthrough advice, effective and expeditious execution, and competitive and cost effective pricing. The firm’s pragmatism and all round professionalism has been highly valued by clients. Also, the client is always that of the firm and never of an individual; and therefore the most optimum and client friendly utilisation of talent is assured.

Karanjawala & Company Mr Raian Karanjawala Managing Partner Tel: +91 11 43788888 raian@raian.in; karanjawala@karanjawala.in www.karanjawala.in

For certain clients, not only does the firm handle matters in Delhi, it virtually handles all their litigation throughout India either through our inhouse team or, if need be, through counsels briefed and instructed by us on their behalf. The firm also as a result of the bulk and pan-India nature of the litigation, it handles on behalf of some of its clients like Hindustan Times, Proctor and Gamble, DLF Ltd., Yes Bank, Adani Enterprises and the Tata Group, has acquired the capacity to handle and supervise litigation all over, and has built up a strong network of advocates through whom it can co-ordinate the handling of matters in other parts of the country.

Indonesia Mohamed Idwan (‘Kiki’) Ganie is the managing partner of Lubis Ganie Surowidjojo (LGS). He graduated from the Faculty of Law of the University of Indonesia and holds a PhD in Law from the University of Hamburg. Dr Ganie is a chairman of the Association of Indonesian AntiTrust Lawyers, a member of the Regional Panel of the Singapore International Arbitration Centre (SIAC), and a fellow (FSIarb) of the Singapore Institute of Arbitrators.

The firm has experience representing a diverse range of clients, including domestic and multinational corporations, public and private companies, government instrumentalities and state owned enterprises.

Dr Ganie has more than 30 years of legal experience, and specialises in commercial transactions and commercial litigation, including alternative dispute resolution and has acted as an expert in a number court and arbitration proceedings. His expertise covers general corporate/company law, banking law, finance, bankruptcy and restructuring, mining, investment, acquisitions, infrastructure projects/project finance, antitrust, and shipping/ aviation, with a particular focus on corporate governance and compliance.

Dr Ganie explained that in all civil litigation, in principle (except for example antitrust, trademark and labour disputes), a mandatory mediation stage will be applied before start hearing on the merits.

LGS was founded in 1985 by Timbul Thomas Lubis, Dr Ganie and Arief Tarunakarya Surowidjojo. Since then, LGS has grown into the largest corporate transactions and corporate litigation firm in Indonesia. “One of our unique selling points is the combination of our long-standing commercial law practice and our premier litigation department that has extensive experience in dealing with commercial disputes in the context of arbitration and alternative dispute resolution as well as litigation in the Indonesian courts,” said Dr Ganie. “This allows our corporate transaction departments to benefit from such litigation experience to ensure that any transactions handled by the firm are carried out with a view to the potential for future disputes and any existing risks.”

T h e L a w O n Yo u r S i d e

“We strive on addressing the challenges faced by our clients and approach them with a pragmatic view that is driven by a deep understanding of their business needs and of the surrounding practicalities of the legal and business landscape that they operate in,” he added.

“In the mandatory mediation stage (after a formal court complaint has been submitted) professional/ licensed mediators under the supervision of the court will conduct the mediation process, which in and on itself re-opens the possibility that an amicable settlement can be reached although previous attempts, prior to submission of a formal complaint, have failed.” He noted that the increase of disputes that are submitted to courts is attributable to an increased confidence in the court system. “In the past out of court settlements have been the rule, which is partly a cultural factor that has now changed and partly caused by increased credibility of the court system itself.

Lubis Ganie Surowidjojo Dr Mohamed Idwan (‘Kiki’) Ganie Partner Tel: +62 21 831-5005, 831-5025 ganie@lgslaw.co.id www.lgsonline.com

“There has been, in our direct experience, a significant number of mediated settlements that are enforceable though court assistance. This is also attributable to the increased number of licensed (and therefore trained) mediators. In order for mediated settlements to be eligible for direct court enforcement, an Indonesian licensed mediator must have conducted the mediation,” he concluded.

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