Sarosh Zaiwalla, Founder and Senior Partner of London-based law firm Zaiwalla and Co, in an exclusive interview with Moneycontrol recollected a client once told him that he had to ‘buy off’ a retired Supreme Court judge who led a panel of arbitrators.
Zaiwalla said, “I must say that I have come across in a New Delhi arbitration 10 or 15 years ago, three Supreme Court judges in a panel. And I had taken a British Indian client for it. After the hearing when I met him in London, and I said that I think we have done quite well. He says no, the principal chairman said you have not done quite well and I had to buy him off! I don’t know if this is true or not, but one must come down heavily on any lack of integrity.”
He was speaking of integrity and honesty as being key to improving the standards of arbitration in India. He said, “I must be frank with you. It has been suggested to me that some of the arbitrators are not very honest, I have no evidence to prove this, but people talk about it. Now that is wrong, and it must be checked.”
Zaiwalla was speaking on how the Bar Council of India permitting the entry of foreign law firms will change the landscape of legal profession in the country.
He said that the stakeholders must ensure that there is no tradition of corruption. There is no place for dishonesty on the part of the arbitrator.
Zaiwalla said, “Now one thing about England which I have found throughout UK, that honesty and integrity are of the highest standard. Today, if my firm has succeeded, it is because we have a reputation in the arbitration circle and the court that we will be honest and are able to do justice and not just to earn money.”
Zaiwalla further said that mutual respect between lawyers and the court or arbitration panel is very important. He said lawyers must come down very heavily against any lack of integrity. The bar must expose such people without fear.
“In my 41 years of practicing in England, there has been no suggestion of judges being unfair or biased. If there is any suggestion, people speak about it openly and such judges / arbitrators are blackballed.”
Zaiwalla, an alumni of Government Law College, noted that India requires such honesty and integrity from judges, arbitrators and lawyers as it will give confidence to investors. He said, “If you are investing millions of dollars…, they (the investors) want to make sure that disputes it can be resolved in a sensible, fair and honest manner.”
Sarosh Zaiwalla has been involved in over 1,200 international energy, maritime and construction arbitration cases, either as a solicitor, counsel, party-appointed arbitrator or sole arbitrator.
Zaiwalla has acted for many prestigious clients, including the President of India, the Government of the People’s Republic of China, the Iranian government, and the Venezuelan government.
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