With Shubham Wali Ganju, On Career Options in Alternate Dispute Resolutions

Mr. Shubham Wali Ganju is an Arbitrator and a member at Chartered Institute of Arbitrators. He did law from National Law University, Odisha. We recently conducted an interview and managed to ask him following questions:

How would you like to introduce yourself to our readers? What inclined you towards the field of legal education? 

Hello, I am Shubham Wali Ganju. I am a lawyer and an arbitrator. 

I didn’t have any close relatives in the legal profession, you can say that I am a first-generation lawyer. I thought that CLAT was relatively easier than other exams and so I prepared for it after my boards. By the grace of God, I somehow managed to get good ranks without coaching and I just landed into the field of law. 

You are an Arbitrator. Can you throw some light on what kinds of matters are usually dealt in arbitration? 

Arbitration and other alternative dispute resolution methods can deal with all the matters under  the sun. That being said, for an arbitration award to be valid it must comply with the law of the land where it is sought to be enforced.  

At present, nations have their laws and notions about matters which are arbitrable within their jurisdiction. The Hon’ble Supreme Court of India has given a guideline in the landmark judgement of Booz Allen Hamilton v. SBI Home Finance (2011) regarding which disputes are commonly recognized as “non-arbitrable”.  

As a rule of thumb, only civil disputes of commercial nature in which “right in personam” is to be determined are usually dealt in arbitration.  

What are the qualifications required to become an Arbitrator? 

There are many prestigious institutions like Chartered Institute of Arbitrators and Prime Dispute  from where any interested person can take training to become an arbitrator. Even people from non-legal backgrounds can become arbitrators. 

How does the role and responsibilities differ for an Arbitrator and an Advocate in court?

An arbitrator does not represent the party(ies) by whom she is appointed. She has to be neutral and in essence act as a judge in the matter. If there is even a whiff of impartiality, she has to recuse herself or else the award will be in jeopardy. What constitutes “bias” is not set in stone but IBA’s Guidelines on Conflicts of Interest is the “soft law” which is recognized internationally and is usually followed by municipal courts while dealing with the validity of the arbitral award. 

An advocate on the other hand, represents the party and fights for it vehemently. She can appear before any tribunal, court or even in ADR proceedings to represent the party. 

What is alternate dispute resolution and how is it different from court litigation?

Alternative Dispute Resolution methods, as the name suggests, are methods in which parties  try to expedite the process while reducing their expenditure. However, if parties cannot settle their disputes through ADR methods or challenge the award or settlement then litigation is the only option left. Many times, the courts direct the parties to opt for ADR methods to fulfil the statutory requirements while at other times the parties voluntarily submit themselves to ADR proceedings. As compared to litigation ADR methods are more swift, informal and cost-effective. 

An added benefit is that the parties can choose their own laws by which they want to be governed for that particular matter which is not possible in court litigation. If not properly incorporated in the arbitration clause or the submission agreement or if the proceedings are conducted in a manner which  is not contrary to the law of the land where the award is to be enforced, the municipal courts can set aside the award.

What is the Chartered Institute of Arbitrators (CIArb)? How to become a part of ClArb? 

Chartered Institute of Arbitrators is a premiere organisation which provides training and  affiliation to become an arbitrator.  

Any interested person can contact the CIArb directly on their website and get enrolled in the courses. 

What are the career opportunities in ADR? 

Ans:- In ADR, there are multiple career options. A person can become a neutral (arbitrator/mediator) or a lawyer with specialisation in arbitration or an expert witness.

Can you help us with a few law firms/organisations where students interested in Dispute Resolution can intern and explore the gamut? 

Certainly, there are a lot of Indian as well as international firms/organisations from which you  can start your journey. 

In my opinion, following are the firms which are prominent in the field of ADR:- 

1. Link Legal 

2. Lawngitude – Solicitors and Advocates 

3. GL Pareek Chambers of Law 

Any advice from your side to all our readers, looking for a career in Dispute Resolution? 

Ans:- Be kind. The world needs it.