Indian lawyers repetitive in courts and at arbitrations; must argue to the point, says Sarosh Zaiwalla

Sarosh Zaiwalla

Sarosh Zaiwalla, Founder and Senior Partner of London-based law firm Zaiwalla and Co, told Moneycontrol in an exclusive interview that Indian lawyers must argue to the point and not be repetitive in courts and at arbitrations.

He said, “First of all, Indian lawyers must argue to the point. With the greatest respect, I find them repetitive in courts, and even when they appear in international arbitrations in London.”

He however, noted that in English courts and English arbitrations, if a lawyer repeats himself, the judge would interrupt him, and tell him that he has already made the point.

Zaiwalla, who made this statement in the context of cost of the arbitrations increasing with every hearing, noted that judges in England would get offended if a lawyer repeated a point. He said, “In India, I find that people do repeat and admittedly (are) long-winded. It has to be short and crisp.”

He spoke on how the Bar Council of India permitting the entry of foreign law firms into India will change the landscape of the legal profession here.

Zaiwalla elaborated that in England, judges give directions that pleadings filed in court should not be more than 10 or 20 pages. He said, “Similarly written submission of arguments should be not more than 10 pages. Such practices make litigation fast. And that is what international business people require.”

He noted that courts in England set a time for each lawyer to argue a case. He cited the example of a case where $2.1 billion was at stake, where the judge asked each side to argue for 45 minutes and gave 10 minutes for a rejoinder.

Zaiwalla said, “It's also important that if you want to develop New Delhi as a centre of international arbitration, you must make it economical for parties to arbitrate. Hearings should not go on for months and years and ultimately increase the cost of arbitration.”

Sarosh Zaiwalla has been involved in over 1,200 international arbitration cases related to energy, maritime and construction, either as a solicitor, counsel, party-appointed arbitrator or sole arbitrator.

Zaiwalla has acted on behalf of many prestigious clients, including the President of India, the Government of the People’s Republic of China, the Iranian government, and the Venezuelan government.