RESEARCH REPORT. SHIPPING LAW FIRMS AND LAWYERS IN INDIA for Admiralty, Shipping & Maritime work SHIP ARREST INDIA JURISDICTION
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1 RESEARCH REPORT SHIPPING LAW FIRMS AND LAWYERS IN INDIA for Admiralty, Shipping & Maritime work 2017 SHIP ARREST INDIA JURISDICTION shiparrest.co.in is an initiative by SALK [Ship Arrest Legal Knowledge]. We are continuously working on our research for a better and near perfect report and our next research report of shipping law firms and individual practitioners will be released during mid-october Should you think that error may have creeped in or the report is not upto date please feel free to write to us. shiparrest.co.in This report is prepared on the basis of our in-depth market study and analysis for the period October 15, 2016 October 14, We do not accept paid listings.
2 LEGAL SYSTEM IN INDIA The Indian Judiciary is partly a continuation of the British legal system established by the English in the mid-19th century based on a typical hybrid legal system known as the Common Law System, in which customs, precedents and legislative are all components of the law. The Constitution of India is the supreme legal document of the country. There are various levels of judiciary in India different types of courts, each with varying powers depending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy of importance, in line with the order of the courts in which they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with district judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom. Courts hear criminal and civil cases, including disputes between individuals and the government. The Indian judiciary is independent of the executive and legislative branches of government according to the Constitution. ADMIRALTY JURISDICTION IN INDIA In the course of time the jurisdiction of the High Courts of Calcutta, Bombay, Madras, Gujarat, Andhra Pradesh and Odisha have entertained Admiralty actions. LAW FIRMS AND LAWYERS REGISTRATION WITH THE HIGH COURT To file appearance, vakalatnama or vakil patra on the Original Side in the High Court, it is mandatory that lawyers or law firms have to register and obtain a registration number now there is a further requirement by the High Court that all lawyers or law firms should register with NIC (National Informatics Center) and it is mandatory for all advocate on record / law firms or lawyers to provide the NIC registration number without which the computer system will not accept any court filings. Admiralty jurisdiction is on the original side in the High Court having admiralty jurisdiction therefore all lawyers or law firms have to fulfill the above requirements. RESEARCH METHODOLOGY Our methodology to understand lawyers or law firms practicing shipping law in India is an in-depth study using the most common method in combination with our in-depth methodology, market study, lawyers or law firms reputation in the market, performance, capability, education, transactions, market share, historical track records, progress and development, innovative ideas, use of technology and our continuous process on keeping a track of all admiralty matters in India and the law firms and lawyers practicing shipping work brings this report to near perfect, our methodology also includes study of the rankings and recommendations given by Legal500, Chambers and Partners and other bodies that conducts research to rank and recommend lawyers or law firms on without payment basis. This report is for the period October 15, 2016 October 14, We are continuously working on our research for a better and near perfect report and our next research report of shipping law firms and individual practitioners will be released during mid-october Should you think that error may have creeped in or the report is not upto date please feel free to write to us.. 2
3 TOP BAND SHIPPING LAW FIRMS Band 1 / Tier 1 : Shipping Law Firm in India 1. BRUS CHAMBERS, Advocates & Solicitors... Band 2 / Tier 2 : Shipping Law Firms in India 1. BOSE & MITRA & CO 2. CRAWFORD BAYLEY & CO... Other Recommended : Shipping Law Firm in India 1. MULLA & MULLA & CRAIGIE BLUNT & CAROE 2. ANAND, ABDUL & VINODH ASSOCIATES... Individual : Shipping Practitioner in India 1. MR. ASHWIN SHANKAR (Mumbai) 2. MR. ANKIT SHAH (Ahmedabad) 3
4 BAND 1 / TOP TIER : THE BEST - LAW FIRM for Shipping, Maritime & Admiralty work in India 1. BRUS CHAMBERS, Advocates & Solicitors Brus Chambers, a super-specialised shipping law firm has been practicing shipping law since 1992 and continues as a dominant force in shipping and is the best shipping law firm in India while Dr. Shrikant Pareshnath Hathi continues to be 'the best' shipping lawyer in India. The law firm is one of the leading and probably pre-eminent, Indian firm for shipping work and maintains one of India s top shipping practice. The shipping practice of Brus Chambers enjoys a worldwide reputation for its excellence and is most respected for both dry and wet shipping. Brus Chambers is a specialised solicitor firm, all the partners of the firm are highly qualified, well experienced, thorough knowledge on the subject, to handle complex work. Dr. Shrikant Pareshnath Hathi leads the shipping team. He is a very good strategist and is recommended by his peers for shipping, maritime and admiralty knowledge. Ms. Binita Hathi and other lawyers with area specialisation work alongside. Dr. Hathi is a law graduate with masters in law, PhD, Advocate on record of the Supreme Court of India, a Solicitor from India (practicing) and United Kingdom (non-practicing), also completed 'Justice', a course of study offered by Harvard University under the guidance of Prof. Michael J. Sandel, Professor of Government at Harvard University, where he teaches political philosophy. His main law practice is in the Bombay High Court, he is a specialist in shipping and projects work. The firm has expanded its shipping and admiralty team by introducing Ms. Natasha Sailopal and Ms. Poonam Sharma Baloni. The law firm has recently introduced a subsidiary law firm Brus Chambers LLC New York Office for shipping work, added another office at Mumbai for corporate and advisory work for shipping and related sector headed by Uttam Hathi. The Firm also has associate offices in port and capital city in all States of India. 1. Dr. Shrikant Hathi shrikant@bruschambers.com 2. Ms. Binita Hathi binita@bruschambers.com WEBSITE: bruschambers.com 4
5 BAND 2 / TIER 2 - LAW FIRMS for Shipping, Maritime & Admiralty work in India 1. BOSE & MITRA & CO Bose & Mitra & Co is headed by Mr. Amitava Majumdar (also known as Raja) partner of his Mumbai based law office, has good knowledge of shipping and ship arrest work, the firms shipping practice is surely in an upswing and is particularly focused on contentious shipping and admiralty matters. Ms. Damayanti Sen and Mr. Pabitra Dutta associated with the firm are very active, works alongside with Mr. Amitava Majumdar. 1. Mr. Amitava Majumdar bmc@bosemitraco.com 2. Mr. Pabitra Dutta bmc@bosemitraco.com WEBSITE: bosemitraco.com 2. CRAWFORD BAYLEY & CO Mr. Prashant Asher is a solicitor and a partner of Crawford Bayley & Co, heads shipping practice. He represents several ship-breakers and is a well known ship breakers lawyer. Mr. Asher has shifted his work gear and is also moving at a higher speed, he is focused on shipping litigation. 1. Mr. Prashant Asher prashant.asher@crawfordbayley.com WEBSITE: 5
6 OTHER RECOMMENDED - LAW FIRMS for Shipping, Maritime & Admiralty work in India 1. MULLA & MULLA & CRAIGIE BLUNT & CAROE The shipping practice is headed by Mr. Shardul Thacker a solicitor and a partner of the firm, is a known figure for banking and ship finance work, is well experienced and has fantastic shipping practice. Mr. Nilesh Parekh a senior associate in his team who attended large chunk of ship arrest work for the firm has recently moved out of the firm. 1. Mr. Shardul Thacker shardul.thacker@mullaandmulla.com WEBSITE: mullaandmulla.com 2. ANAND, ABDUL & VINODH ASSOCIATES A Chennai based law firm, its shipping practice is headed by Mr. Anand David. The firm is very well known for its prompt service and assists clients giving personal attention to the matter, is frequently recommended in South of India. 1. Mr. Anand David ananddavid@aavpartner.com WEBSITE: 6
7 INDIVIDUAL SHIPPING PRACTITIONER for Shipping, Maritime & Admiralty work in India 1. MR. ASHWIN SHANKAR He concentrates on shipping litigation mainly on recoveries and has a very decent shipping practice. He originates from the Chamber of Mr. George Rebello (now deceased) and is a standalone lawyer who work alongside with his team under the name The Chambers of Mr. George Rebello. 1. Mr. Ashwin Shankar georgerebello@vsnl.com WEBSITE: 2. MR. ANKIT SHAH He is an Ahmedabad based lawyer practicing in the Gujarat High Court, his shipping practice has taken an upward swing mainly on ship breakers disputes and recoveries, and he has also completed his masters in shipping from United Kingdom. Young and tactful. 1. Mr. Ankit Shah ankitshah@lawyer.com WEBSITE: 7
8 LEADING INDIVIDUALS 1. Dr. Shrikant Pareshnath Hathi (Brus Chambers, Advocates & Solicitors) Mr. Amitava Majumdar (Bose & Mitra & Co)
9 RISING STARS 1. Ms. S. Priya of (Mr. Venkiteshwaran Chamber) Ms. Binita Hathi (Brus Chambers, Advocates & Solicitors) Mr. Manoj Khatri (Manoj R Khatri Law Office) manoj.khatri@mrklawoffice.com 4. Ms. Poonam Sharma Baloni (Brus Chambers, Advocates & Solicitors) poonam@bruschambers.com 5. Mr. Natasha Sailopal (Brus Chambers, Advocates & Solicitors) natasha@bruschambers.com 6. Mr. Pabitra Dutta (Bose & Mitra & Co) bmc@bosemitraco.com 9
10 RECOMMENDED COUNSELS 01.Mr. Venkatesh Dhond (Senior Counsel) 02.Mr. Sunip Sen 03.Mr. Rahul Narichania (Senior Counsel) 04.Mr. Prashant Pratap (Senior Counsel) 05.Mr. Janak Dwarkadas (Senior Counsel) 06.Mr. Shyam Kapadia 07.Mr. Akshay Kolse-Patil 08.Mr. Aspi Chinoy (Senior Counsel) 09.Mr. C.A. Sundaram (Senior Counsel) 10.Mr. Zarir Bharucha Counsels in India are arguing counsels akin to barrister-at-law, they do not interact with clients or parties. They are briefed by law firms or individual practitioners only although advocates and solicitors too can appear and plead. The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers engaged in a case. Some judges and lawyers apply the term interchangeably between both barristers and solicitor advocates. The difference between "Barrister" and "Counsel" is subtle. "Barrister" is a professional title awarded by one of the four Inns of Court, and is used in a barrister's private, academic or professional capacity. "Counsel" is used to refer to a barrister who is instructed on a particular case. It is customary to use the third person when addressing a barrister instructed on a case: "Counsel is asked to advise" rather than "You are asked to advise". The legal term counselor, or more fully, counselor-at-law, became practically obsolete in England, but continued in use locally in Ireland as an equivalent to barrister, where a Senior Counsel (S.C.) is equivalent to the English Queen's Counsel (Q.C.) 10
11 SHIPPING LAW FIRM / LAWYERS CONTACT DETAILS Below listed are contact details of recommended shipping law firms or lawyers in India Brus Chambers shrikant@bruschambers.com (Dr. Shrikant Hathi) Mulla & Mulla, Craigie, Blunt & Caroe shardul.thacker@mullaandmulla.com (Mr. Shardul Thacker) Bose & Mitra & Co bmc@bosemitraco.com (Mr. Amitava Bose) Khare Legal Chambers abhishek@kharelegalchambers.com (Mr. Abhishek Khare) Bhatt & Saldanha bhattsald@bhattsaldanha.com (Mr. Raman Walawalkar) Crawford Bayley & Co prashant.asher@crawfordbayley.com (Mr. Prashant Asher) Anand, Abdul & Vinodh Associates anandattorney@yahoo.co.in (Mr. Anand David) 11
12 Dr. Shrikant Pareshnath Hathi Mr. Shardul Thacker Ms. Binita Hathi Mr. Ashwin Shankar Ms. S. Priya Mr. Amitava Majumdar Mr. Amrut Vernekar Mr. Ankit Shah Ms. Poonam Sharma Baloni
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