KARTIK MITTAL

We talk to Kartik Mittal on his journey, his future plans and the experiences that connote advice to the
partakers of the legal profession. As a dispute resolution lawyer he puts forth the solutions to the
omnipresent challenges, and he prides himself as the youngest partner at Zaiwalla and Co. LLP.

How would you like to introduce yourself to our readers? 

I am a third-generation legal professional in my family and a law enthusiast who believes that being a member
of the legal profession is one of the best ways to serve the society.

Being the youngest partner of Zaiwalla and Co. LLP is definitely an achievement. What were the challenges that came your way to reach this position?

My journey from being an associate to a partner at Zaiwalla & Co. has been very smooth. This is thanks
to Mr. Sarosh Zaiwalla, the Senior Partner of my firm, who has over the years worked very hard to create an
institution in the City of London which provides opportunities for young Indian lawyers to flourish. In comparison, I understand, it was not easy back in 1980s – 1990s (when the firm was established) for an Indian lawyer to make a mark in the English legal profession.

Mr. Zaiwalla is intending to share his experience from back in the day in his book which, I understand, will
be published later this year. I would recommend young lawyers to read that book as it provides an insight into
the struggle that Indians had to go through, back in the day, to enable our generation to flourish.

Tell us something about your educational qualifications, how does your specialisation help you in your current position at the law firm? 

I am a dual-qualified lawyer (in India and England & Wales). I graduated, as an Indian Lawyer, from Symbiosis
Law College and came to the United Kingdom to pursue my master’s in law from the University of Warwick. I
qualified as a Solicitor of England and Wales, under the Qualified Lawyers Transfer Test, whilst I was working as
an associate with Zaiwalla & Co. The knowledge of two legal systems, India and England & Wales, has been very useful particularly whilst acting for Indian clients. It not only gave me the requisite legal knowledge to act on India-UK cross border disputes but also the cultural knowledge needed to meet clients’ needs.

Could you briefly walk the readers through the area of your expertise and the additional skills acquired through that?

I specialize in handling International commercial litigation and arbitration disputes. However, over the years and thanks to India’s neutral political stance in World politics, my firm and I have also developed expertise in a very niche area of law – Sanctions Law.
As part of this, my firm and I have had the pleasure of acting on cases involving: (i) the United Nations (UN), European Union (EU) and United Kingdom (UK) sanctions regime against Iran’s nuclear program, (ii) EU Sanctions regime against Russia following the annexation of Crimea and (iii) EU Sanctions regime against the Democratic Republic of Congo. It has been a fascinating experience having ventured into this area of law!

What according to you are the interpersonal skills that are required by a lawyer to be successful in the profession?

Two important Interpersonal skills for a Lawyer are professionalism and relationship management. What makes a good lawyer is not only his ability to get the best legal result for his client, but also his/her ability to get work through the door, it is extremely important for the client to both like you and trust you.

You qualified as a lawyer in India, what difference did you find in practice in India and the UK?

There has always been a divide between the Indian and UK Legal System. The legal system in the UK is much more structured, organised and technology friendly compared to India. Slowly but surely that divide is diminishing with time as reforms are being undertaken in India. The recent amendments to the Indian Arbitration Act are one such example. The steps being taken are encouraging!

With arbitration as one of the key areas of your expertise, what are your views on its importance in the present-day Global Business scenario?

With Globalization, there is an ever-increasing cross border trade. Parties are, therefore, constantly looking for neutral venues to resolve their disputes and in the debate between litigation vs arbitration, arbitration has become a preferred option for parties who want their disputes to be resolved confidentially. I believe that arbitration would continue to gain prominence as a dispute resolution mechanism with more parties’ opting for arbitration over litigation.

Your contribution to the landmark case, namely Bank Mellat vs. HM Treasury, is immense. What were the challenges that you faced to achieve the biggest ever sanctions judgement against the UK government?

In the case of Bank Mellat v HM Treasury, our client was challenging the sanctions imposed of them as part of the sanction regime against Iran. Given the political nature of the case, our client was skeptical that the UK Courts will rule against the UK Government. The court’s ruling in favor of our client shows the independence and integrity of the English Judiciary.

How do you juggle your Work/ Life balance, is there any special advice you would like to give to young people entering the legal profession? 

The legal profession is a demanding profession. As many say law is a jealous mistress. Whilst the profession does at times demand us to devote additional time towards work it is equally important to take out enough time to enjoy one’s life. For me, I am a cycle and skiing enthusiast. I ensure that I cycle twice every week and have a skiing holiday once a year. It helps me to switch-off from work!

What are the major reforms you would like to see in the Indian Legal system? Any suggestions on the changes in India’s commercial arbitration laws?

One of the ways in which the English Judicial system has discouraged frivolous litigation is by requiring the losing party to pay the actual costs incurred by successful party. Pendency of cases in the Indian Courts is one of the biggest stumbling blocks of the Indian legal system. Discouraging frivolous litigation coupled with romoting alternative means of dispute resolution such as arbitration and mediation is likely to bring pendency down and provide citizens better access to justice. In the field of arbitration, the emphasis should be more on Institutional arbitration as opposed to ad-hoc arbitration. It is encouraging to see that arbitral institutions such as the Delhi International Arbitration Centre and Mumbai Centre for International Arbitration are being established in India.

What has been your most challenging work assignment and why?

The beauty of being a dispute resolution lawyer is that every case brings its own challenges. No two cases
have the same facts and/or legal solution. It is the challenge which the job of a dispute resolution lawyer brings which makes it interesting otherwise life would be too boring. The most challenging case in my career, till date, has been the case of Jivraj v Hashwani. In that case, the arbitration agreement provided for a three-member arbitration tribunal and provided that all arbitrator should be respected members of the Ismaili community and holders of high office within that community. Contrary to the arbitration agreement, our client appointed, as his nominated arbitrator, a retired English High Court Judge, Sir Anthony Coleman, who was Jewish by religion. This led to a debate whether an arbitration agreement could discriminate based on religion especially when the
governing law of the dispute was English Law. This case eventually ended in the Supreme Court of United Kingdom with International Chambers of Commerce (“ICC”) and London Court of International Arbitration (“LCIA”) intervening to argue that the Court of Appeal Judgment, which was in our client’s favor, made ICC and LCIA arbitration agreement invalid (as they could be held to be discriminating on the basis of nationality). This case drew extensive interest within the arbitration community and its nature made it both challenging and interesting!

And lastly, what would be your message to our readers?

We spend a substantial time of our life at work. Therefore, it is extremely important that we choose a profession or job that we enjoy. One needs to enjoy the challenges that the legal profession brings. The key to a successful lawyer is to enjoy being a lawyer!

By LawZ Bureau,