In Conversation with Tariq Khan, Principal Associate, Advani & Co
Tariq, would you please tell us where did this illustrious journey begin and at what age did you decide to study law. Please walk us through your early years of education and the decision of becoming a lawyer.
I was an average student with academically brilliant siblings and always felt like the black sheep of the family. When I shifted from my hometown to New Delhi, I faced various issues especially because I did not have command over the English language. I pursued Science with computers in high school to become an engineer without much interest in any of the subjects; I didn’t perform well in school and neither in the entrance exams. With terrible scores, I started exploring part-time jobs. That’s when my father suggested me to do law. Incidentally, I wasn’t keen on pursuing law as a career as I had stage fright and did not have much command of the English language. Reluctantly, I joined the Faculty of Law, Jamia Millia Islamia at the age of 18 amidst challenging economic circumstances. To outdo myself, I would participate in debates and other co-curricular activities and eventually became the Convener for my college's Literary and Debating Society.
As a law student, I faced rejections from various law firms and chambers, despite applying in advance and fulfilling all requisites, only because I didn’t come from a top tier law school. Meanwhile, I would give tuitions to meet my college expenses and would watch videos and interviews of senior lawyers and legal eagles like Mr Ram Jethmalani, Justice Krishna Iyer etc.
I can hence vouch for the fact that it is hardships in life which we have to meet with and overcome, to build our true character.
Who have been your guiding North Stars and the biggest inspiration in this journey?
As I mentioned earlier, I didn’t have much command of the English language. However, after I joined Law College I became a curious learner and wanted to explore and try my hand at almost every opportunity. I would spend hours reading judgments by late centenarian Mr Justice V R Krishna Iyer and watching videos of late Mr Ram Jethmalani. This helped me get acquainted with the language and the law.
Would you please tell us more about the array of work you handle at your firm?
At Advani and Co., I have had the opportunity to handle international and domestic arbitrations, MSME disputes, writs, commercial, employment and Insolvency and Bankruptcy disputes. I have represented some of the biggest global players in construction, supply, joint venture, oil & gas, infrastructure and renewable energy space and have also got the chance to represent leading domestic players in high-stake project disputes involving issues relating to defective works, breach of contract, loss of profits, liquidated damages, prolongation, escalation, delay, indemnities and illegal termination of a contract.
I also have an experience of handling arbitrations under SIAC (Singapore International Arbitration Centre) Rules, ICC (International Chamber of Commerce) Rules, DIAC (Delhi International Arbitration Centre) Rules, ICA (Indian Council of Arbitration) Rules etc.
Would you please summarily tell us the current status of the sectors of the economy your work in, the roadblock in our path and the way forward?
I primarily deal in construction, supply, joint venture, oil & gas, infrastructure and renewable energy space and I feel that all these sectors have been affected due the unprecedented pandemic. Timelines have been shifted and the “force majeure” clause has been invoked in various contracts.
Indian economy is largely dependent on agriculture which is not sufficient. I feel that investment in areas like infrastructure, services, export, etc. is needed and investors will only invest when they feel that the dispute resolution mechanism in the country is robust and investor friendly. Also, I feel that there is a need for industrial resolution which will eventually bring huge investments in the country and also generate employment. Also, the judiciary and the government will play a very important role in making India attractive for investment.
Would you please share with our readers your expert views on ‘Future of Arbitration in India’.
To ensure an efficient arbitral mechanism and see it grow substantially in the near future, appointment of young lawyers as arbitrators must be encouraged.
Despite the existence of various arbitral institutions, institutional arbitration in India remains in a nascent state which is evident from the fact that almost 90% of arbitrations in India are ad hoc. The main reasons of parties being reluctant in approaching these institutions are lack of awareness about the advantages of institutional arbitration over ad hoc arbitration, outdated rules of procedures and poor infrastructure.
The government has taken steps to make India the hub of International Arbitration. However, larger issue has been missed i.e. why India is languishing for decades and has not been able to become an arbitration hub. The reason in my view is that emphasis is put only on cities like Delhi and Mumbai and that the concerns of other cities which are in need of an arbitration culture and institutions are not addressed. We must also promote arbitration culture in Kanpur, Lucknow, Ahmedabad, Kolkata, Jaipur etc. if we really want to make India a hub of arbitration.
Additionally, we must also learn from the development of the best three arbitral institutions i.e. ICC, SIAC and LCIA that have huge number of cases, growth in revenue etc. (e.g SIAC's case filings have increased by over 300% in the last ten years). Therefore, it is necessary that arbitral institutions in India adopt modern rules, make effective use of technology and provide organized structure of proceedings, excellent administrative support and good infrastructure. Additionally, ease of doing business in India also needs to be facilitated, to provide a solid base and ensure longevity. Not only will it make India the hub, but also create a dynamic arbitration culture.
Stakeholders will also have an important role to play in shaping up the future of arbitration in India. For instance, lawyers must understand that the practice of challenging every arbitral award must be discouraged and the focus should not be on getting more work from one client by filing frivolous challenges to the award, instead we must focus on making arbitration more effective which will eventually generate more work as there will be more investment.
What in your opinion has been the biggest change or challenge looming over the legal landscape of India amid COVID-19?
With the country-wide lockdown, the performance of services under many contracts was delayed, interrupted and even cancelled due to restrictions created by COVID-19.
This led to a new concept, “virtual courts and hearings.” Courts and tribunals all over the country have started taking effective measures for the reduction of the physical appearance of advocates, litigants, court staff, etc., while ensuring smooth dispensation of justice via virtual platforms.
Though, the virtual hearings are now the only option until the pandemic is over, however, we must treat these virtual hearings as a development of law rather than thinking of them as a roadblock in accessing justice, even though, there are some issues in conducting virtual hearings. A lack of know-how about technology is one of the major hindrances in the resolution of disputes. Different time zone in virtual arbitrations is another issue faced in the conduct of proceedings. For example, if the parties are in New Delhi and the arbitrator is in New York, then they will have to come to terms with the different time zones for holding a virtual hearing. Also, judgments are being challenged on the ground that the principle of natural justice was violated, etc.
Many lawyers and arbitrators are not proficient in technology, virtual hearings were very inconvenient at times. Nevertheless, in times to come, I feel virtual hearings will be more convenient and will make arbitration in India a preferred method of dispute resolution.
What can law firms do today to ensure they survive in an era of disruption? How is your firm staying futuristic?
By adapting to the ever changing needs of the society as well as by equipping the workplace with the latest advancements in the technology, any firm can survive in such times. Additionally, client satisfaction is of paramount importance and firms must focus on expanding their areas of practice.
Staying updated with the latest developments in the law is also very important and in an era of disruption, cost cutting is also crucial for any firm. Lastly, the fee model needs to be revisited so as to make the services cost effective for the client.
Other than work, what else keeps you busy? Would you please share your other interests and hobbies with our readers.
I love travelling and am an epicure. I am also an avid reader and a cat lover. I enjoy indulging in adventure sports. I am passionate about teaching and enjoy writing professionally and otherwise.
Many Congratulations on joining the BW Legal World Elite 40 Under 40 Club of Achievers 2020. What to your mind has helped you get to where you are and what advice would you have for others who want to set off in a similar direction?
Thank you for considering me for this honour.
I feel it is only handwork and meticulous determination which has made me what I am today.
My advice to others would be to get rid of all the negativity around you, some people in our lives act like anchors that are constantly trying to slow us down, cut them lose. Live in your present and plan the future because if you carry the burden of past negativities/unpleasant memories and recall them, then your downfall is inevitable. Always remember that the greatest successes come from having the freedom to fail and by keeping your mind on the objective, not on the obstacle. Keep in mind, success is the best revenge.
Reading definitely helps! In my free time I see speeches/videos of the legends of law and learn from them and I read judgments of my role model centenarian Justice Krishna Iyer who possessed hoarded wealth of a vast vocabulary which helps me in writing articles and has also improved my legal lexicon over the period of time. Keep yourself updated with recent developments in law that can easily be done by following legal news portals.
Lastly, I would like to borrow words of Chief Justice John Roberts who is one of the most brilliant judges in the world: “From time to time in the years to come, I hope you will be treated unfairly, so that you will come to know the value of justice. I hope that you will suffer betrayal because that will teach you the importance of loyalty. Sorry to say, but I hope you will be lonely from time to time so that you don’t take friends for granted..And when you lose, as you will from time to time, I hope every now and then, your opponent will gloat over your failure. It is a way for you to understand the importance of sportsmanship. I hope you’ll be ignored so you know the importance of listening to others, and I hope you will have just enough pain to learn compassion. Whether I wish these things or not, they’re going to happen. And whether you benefit from them or not will depend upon your ability to see the message in your misfortunes.
Is there anything else you’d like to share with our lawyers of the future, any golden piece of advice from the treasure trove of your experiences in the industry?
Things that I would like to suggest to lawyers out there are:
Reading judgments in the most important attribute that lawyers must possess.
Develop your niche in a specific field of law.
Also, get into the habit of writing on various current prevailing issues in law.
Lastly, spend more time on Linkedin and Wordpress rather than on Instagram or Facebook etc.
As a final note, would you please recommend to our readers your favourite book or movie/series that left a lasting impression on you.
“The Secret” by Rhonda Byrne is an endearing read as it shows how positive thinking can open many doors for a person. This book has been a life changing read for many readers as it makes proper use of the law of attraction and explains how one can achieve his or her goals if he or she is always positive about it and truly believes in it.
The movie that I would strongly recommend is the “King’s Speech” which is a story of King George VI who tries to overcome his stammering problem with the help of a speech therapist.
“The Pursuit of Happyness” and “The Shawshank Redemption” are other movies that I strongly recommend.
*The interview was published in October 2020.
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