Advani & Co.: The Pioneers of Arbitration Law and Practice in India

The last decade has witnessed numerous transformations in the Indian legal arena, especially in terms of judicial framework and legislative policies. Consequently, these changes have greatly impacted the fields of dispute resolution, taxation, insolvency laws, environmental laws, infrastructural contracts, and so on.

This brings us to the opinion that professional advocates and law firms play an indispensable role in legal proceedings throughout all spheres. The leading law firms of the country are leaving no stones unturned to provide the clients with the best possible services. One such firm providing unmatched expertise is none other than Advani & Co..

Established in 1987, the firm is the oldest specialized arbitration practitioner in India and has pioneered the growth of arbitration law and practice for more than three decades. The firm focuses on research and its vast experience equips it with better overall case management and strategic planning abilities.

The firms has delivered excellent results in securing early relief for its clients and has a success rate of over 80% in arbitrations in cross-border cases. Furthermore, Advani & Co. has successfully completed half a dozen arbitrations where the award has been in excess of USD 200 million. The firm specialises in both domestic and international arbitration.

A Visionary Leader 

The individual spearheading the firm is Mr. Hiroo Advani, the Founding and Managing Partner. A highly regarded name and world authority on arbitration law, he is one of the first Indian lawyers to be listed in the International Who’s Who of Commercial Arbitrators. Mr. Advani completed his schooling from Cathedral & John Connon High School, Bombay and graduated with a Gold Medal from Bombay University in 1970.

He obtained his Master’s Degree in Law from the University of Cambridge, UK. In 1987, he established Advani & Co. which has evolved as a leading name in arbitration law practice. Mr. Advani has conducted, a wide range of arbitrations mostly on construction projects and infrastructure including the energy/natural resources sector, oil refineries, financial services, and so on.

Mr. Advani has served as the lead counsel in a large number of International Arbitrations under different arbitration rules such as the ICC, the LCIA, UNCITRAL, Swedish Arbitration Association, Singapore Association of Arbitration, Zurich Chamber of Commerce, and ad hoc arbitrations in India.

Mr. Advani, personally acts as lead counsel in all arbitrations bringing decades of arbitration expertise to the table, ensuring seamless proficiency and quality at all stages of the arbitration process. He has prior experience as an Arbitrator, is a qualified Barrister and a leading counsel in many notable arbitration cases, thereby cultivating a rich diaspora of knowledge that enables a holistic and novel approach to the sphere of arbitration.

Exhibiting Excellence

Advani & Co. has conducted maximum number of arbitrations in energy/natural resources sector namely, for offshore oil & gas. It has acted and continues to act for the main global players in oil and gas including Halliburton, Schlumberger, Baker Hughes, Subsea7, NPCC, and several others. Some of its other clients also include Dolphin Offshore, Great Eastern Offshore, Naik Services, and many more.

As the oil reserves in India are mainly owned by the Oil & Natural Gas Commission (ONGC), the bulk of the company’s claims have been against ONGC. The firm has also worked for various public sector undertakings (PSUs) including HPCL, SAIL, and JNPT in major arbitrations. Currently, it serves as Lead Counsel for a number of arbitration and litigation matters arising out of major contracts on behalf of Swiber Offshore Construction Pte Ltd.

Advani & Co. is also well known for consistently offering its services to India’s largest construction company Larsen & Turbo (L&T). It has represented L&T in local and global disputes and continues to be their choice for major disputes. The firm’s sectoral expertise includes major companies in the power sector, the construction sector, tourism, coding & marking sector, and FMCGs.

The firm has been constantly recognized for its dedicated endeavours. Chambers & Partners, one of the most prestigious global directories for lawyers, have consistently ranked Advani & Co. in ‘Band I’ for arbitration in India. Global Law Experts, Who’s Who of Lawyers, Legal 500, and several other publications continue to rank the firm in their ‘Band I’ for dispute resolution. In 2017, the India Business Law Journal also awarded the firm with title, ‘the Best Dispute Resolution law firm in India’.

Areas of Specialization

Advani & Co. provides its dedicated services spreading across various industries, which are mentioned below:

Oil and Gas – The firm has been resolving disputes in the domain of oil and gas for decades. It has advised and continues to represent contractors, producers, processors, transporters, state agencies, joint ventures, insurance companies, and various other stakeholders.

Maritime Shipping – The firm has always focused on resolution of shipping, admiralty, and maritime disputes through arbitration. It has accumulated years of experience in advising major international corporations, ship owners, charterers, cargo interests, insurers and salvers, as well as numerous small companies.

Construction – In the construction industry, where arbitration is now the norm for method of dispute resolution, Advani & Co. has led representations for the biggest construction companies over the globe. It possesses multi-disciplinary expertise including technical and financial aspects. The firm has a history of success rates as high as 80% in securing awards.

Projects and Infrastructures – The firm routinely handles large-scale infrastructure and development projects, and has represented multiple parties from numerous jurisdictions. It has gained experience in handling disputes relating to time delays, price escalation claims, claims for defective works, professional negligence, contract termination, and so on.

Finance – Advani & Co. is the first law firm in the region with a specialization in arbitrations in the banking and finance sector. This is quickly becoming a great strategic tool for large-scale organizations in achieving cost effective and technically sound awards in cross-border banking and financial disputes.

Renewable Energy – The firm is experienced in successfully handling disputes triggered at any and all points during the life cycle of renewable projects, from development to construction to operations. It is seasoned in dealing with a breadth of several contract structures with multiple sub-contracts who are often subject to different legal regimes, which often trigger “back to back” contracts.

Upholding Social Responsibility 

Advani and Co. is extremely committed to its social duties. It takes up various pro bono cases in areas of law such as consumer and environmental laws.

The firm’s lawyers frequently visit law universities to conduct lectures on various aspects of arbitration, train budding lawyers, and also coach students for moot court competitions. They are committed to spreading awareness amongst the legal community about arbitration law and its nuances.

It also offers a robust internship programme, which permits young law students to experience the practical aspects of working in a law firm and gear up for the upcoming challenges in the legal arena. 

Addressing the Challenges

The firm believes that the biggest challenge faced by law firms today is the need for keeping up to speed with developing areas of business and new laws. It states, “Lawyers need to constantly study and train to specialize in emerging practice areas to keep up with the growing needs of businesses and technology, be it blockchain technology, drones, or fintech. With clients becoming more savvy, it is up to the lawyers to keep pace with the times”. The firm believes in a multidisciplinary approach to all matters and this is achieved by bringing in the best experts and consultants in their respective fields, such as construction, tax, and finance, which enables us to present a strong case.

Advani & Co. also addresses the challenge of appropriate consumer pricing due to increased competition of legal services in the market. Irrespective of the quality of legal service, affordability remains a key concern for most consumers.

Unlike many multiservice firms, our boutique practice does not outsource any professional services, which enables us to provide services par excellence and increase accountability to our clients. All stages of the Arbitration process, right upto enforcement of arbitration awards, are managed in-house.

As a player in the industry for four decades, Advani & Co. has approached a cost-effective method by introducing a fixed fee cost model. The model provides our clients much-needed budget certainty and cost predictability. We have alternative billing models such competitive hourly rates, and capped fees, based on the various stages of arbitration.

One of the key ways in which the firm is bringing affordability, while being one of the first law firms in India to do so, is to assist clients who cannot afford the cost of arbitration by arranging funding from third parties.

Advice for the Gen-Next

The firm suggests that for anyone trying to start out their own law firms, it is important to treat each challenge as an opportunity. It emphasizes on preparing and strategizing well to achieve success. The firm further adds, “Identify what unique aspect you can bring to the market and carve your niche. When Advani & Co. was founded, it was the only boutique arbitration practice in the country”.

Future Perspective 

Advani & Co. has grown from strength to strength since its inception. It has always emphasized on dedicated client service and a refusal to give up until a positive outcome. The firm adds, “Our clients’ referrals speak volumes to our quality of service”. It plans to fully embrace the future and evolve to the changes that are looming large.

As lawyers, we need to move with the times and embrace the change by creating opportunities for ourselves,” the firm adds. It is on a constant mission to learn about new practices and businesses and we understand that the landscape is changing.