Senior Advocate Harish Salve arguably India’s most expensive lawyer has become the first non- Queen’s Counsel (QC) foreign lawyer and the first lawyer from India to be granted the permission to argue a case in the Singapore High Court.
Under Singapore’s laws, a foreign counsel can be admitted for arguing cases on an ad hoc basis provided the lawyer is a QC or holds an equivalent rank from any other country, and additionally has special qualifications or experience in regards to the concerned case.
Case Needs Qualified Indian Counsel
In its judgement, the Court of Appeal in Singapore explained Salve’s ad hoc admission, stating that ” the need for the assistance of qualified Indian counsel had been amply demonstrated” with respect a case involving arbitration proceedings in Singapore.
The case concerns around 20 shareholders, including five minors, of the Indian multinational pharmaceutical company Ranbaxy Laboratories.
The company sold a controlling stake to Daiichi Sankyo Company, but in 2012, the Japanese pharmaceutical firm initiated arbitration proceedings in Singapore against the Indian company, stating that it had been misled during negotiations for the sale agreement.
The arbitration panel found in favour of Daiichi in 2016 by a two-to-one majority, and awarded the company over $500 million in damages.
The sellers of the Indian company – who are split into two groups – filed an appeal in the High Court when Daiichi sought to enforce the order here.
Ranbaxy has sought to have Salve admitted as “he might address difficult and novel Indian law issues inherent in the Singapore proceedings”.
Appeal Filed After High Court Rejected Salve’s Application Last Year
The High Court rejected Salve’s application last year after which Salve who was represented by law firms Rajah & Tann and WongPartnership appearing for the two groups of sellers from Ranbaxy – appealed to the apex court.
Their challenge was successful in the Court of Appeal last year before Chief Justice Sundaresh Menon and Judges of Appeal Judith Prakash and Tay Yong Kwang.
Explaining its decision, the Court of Appeal said it had found it “relevant” for Salve to appear on behalf the sellers.
Highlighting that one group of sellers were minors, the Court stated that the matter involved Indian public policy and acknowledged that Salve, who had acted as the Solicitor-General of India for three years, would have substantial experience in Indian public policy as well as broad experience in Indian law.
It further observed that the Singapore case was the result of an international arbitration matter wherein foreign law was governing but the seat was Singapore.
Not Applicable For All Cases
The top court has stressed that not all cases governed by foreign law will require a foreign counsel, and has said that “it is all a question of what the court needs to assist it in achieving a correct and just result in the case before it”.
In the judgement Judge Prakash on the court’s behalf stated that given the “the complexity of the Indian law issues,” the court hearing the case would be “more assisted by Indian counsel than by local counsel”
Daiichi has similarly successfully applied to the High Court for an Indian lawyer of similar stature Gopal Subramanium to join its team, after Salve’s admission.
The High Court will be hearing the case featuring two opposing Indian heavyweights alongside local counsel in April.
