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Vivek Jhunjhunwala -The ‘advocate’ of change in the legal space

Vivek Jhunjhunwala—the ‘advocate’ of change in the legal space

Lawyers have become an essential part of society to enforce the rule of law, and defend civilian rights to keep up with the structure of justice. They are holding the beacon of hope to help people, companies, and organizations navigate complicated legal systems and make wise judgments by offering legal counsel. Their years of expertise help clients’ interests while guaranteeing equitable treatment. However, to keep it simple we believe that beyond litigation, lawyers play a key role in offering solutions that balance legal frameworks with ethical considerations.

As we wish to highlight the hard-working and devoted lawyers who are involved in this issue, our quest brought us to the success story of Vivek Jhunjhunwala. He is a well-accomplished lawyer who is spearheading the growth of Khaitan & Co by embodying a unique blend of legal acumen, leadership, and dedication to his profession.

In this narrative, you’ll explore how his story took many turns though his roots were deeply entrenched in a family legacy of law. His trajectory of excelling in dispute resolution, insolvency, bankruptcy, real estate, and criminal law has the potential to many aspiring lawyers get a better picture of what the industry is about. Let’s celebrate his accomplishments that allowed him to carve a niche in the legal landscape.

The Early Foundations
Vivek’s journey into the legal domain is rooted in a rich family heritage. He hails from Kolkata and always wanted to be a renowned lawyer inspired by his uncle, Mr. Ram Niranjan Jhunjhunwala, a renowned solicitor for Kolkata’s leading industries, who served as an early inspiration.

After the unfortunate demise of Vivek’s father when he was just 10 years old, his uncle assumed the position of the guardian in his life. Vivek witnessing his uncle’s professional journey firsthand and the impact of his uncle’s matchless charisma and legal expertise planted a seed of curiosity in his heart. The way his uncle used to command respect while dealing with influential clients left an indelible mark on his mind. Little did he know that over the years, that seed would lead him to enjoy the crescendo of success in the legal space later.

The Association with the venture

Vivek’s association with Khaitan & Co. began on March 1, 1993, as an intern. Over the years, his dedication and expertise propelled him through the ranks—becoming a lawyer in 1999 and a partner in 2017. Khaitan & Co one of India’s most prestigious law firms with origins dating back to 1911, has been a cornerstone of Vivek’s professional growth. While the firm does not formally nominate its lawyers for individual accolades, Vivek attributes his achievements to the mentorship and collaborative environment at Khaitan & Co.

“I’ve nourished juniors, led complex cases, and contributed to the firm’s reputation for excellence,” says Vivek, reflecting on his contributions.

Khaitan & Co is deeply committed to fostering a culture of diversity, equity, and inclusion (DEI). Through its dedicated initiative, ARISE, the firm promotes a positive and supportive environment where individuals of all genders, ages, disabilities, religions, cultures, or other dimensions of diversity can thrive.

The firm is dedicated to attracting and retaining top talent by fostering a richly diverse professional community. It prioritizes creating a bias-free and barrier-free workplace where individuals feel respected, valued, and empowered to bring their authentic selves to work. Khaitan & Co evaluates and rewards its people based on merit, accomplishments, and contributions, ensuring fairness and equity.

Khaitan & Co firmly believes that its DEI commitment not only strengthens workplace culture but also enhances its ability to deliver innovative and commercially effective solutions to clients. By fostering a sense of belonging and mutual respect, the firm unlocks the full potential of its people, driving creativity and excellence. Through ARISE, Khaitan & Co reaffirms its vision of being a progressive organization, championing diversity, equity, and inclusion within the firm and beyond.

Leadership Style and Philosophy

Vivek’s leadership philosophy centers on autonomy, empathy, and continuous learning. “I do not pressurize my team. I give them the freedom to decide how to execute their tasks, with a clear timeline in mind,” he explains. He encourages his team to embrace mistakes as a pathway to growth, fostering an environment where innovation thrives.

His unique approach to case analysis involves his storytelling abilities that he asks my team to read briefs like a story, where the client is the hero and the opposing party is the villain. This perspective helps us craft compelling arguments and anticipate counter-strategies.”

His unique leadership has allowed him to experience regard and accolades from several media establishments. Vivek was announced as a Lex Falcon Awardee at Lex Talk World Conference, Singapore 2022, in Recognition For Outstanding Achievements In The Legal Industry. Vivek was also bestowed with “Best Dispute Resolution Lawyer of the Year” by BW Legal World earlier this year. Many more recognitions add magnitude to his reputation, but he prefers not to share those publicly rather he wishes to share the impact he has generated so far.

Case studies
Case 1: Arbitration Between a Manufacturing Company and an Insurance Provider

Issue: The manufacturing company sought reimbursement under a fire insurance policy but faced reduced claims due to the insurance provider’s reliance on an addendum report contrary to regulatory norms.

Challenges:

  • •The insurance provider’s addendum report contradicted the Insurance Regulatory and Development Authority of India (IRDAI) regulations.
  •  The manufacturing company had accepted a reduced settlement under protest.

Strategy:

The team demonstrated that:

1. The addendum report was invalid under IRDAI regulations.

2. The insurance provider reneged on its oral commitments, undermining the rightful claims.

Outcome: The Arbitrator ruled in favor of the manufacturing company, invalidating the addendum report and awarding just compensation.

Case 2: Arbitration Between an Engineering Firm and a Steel Manufacturer

Issue: An arbitration award of INR 8.11 crore was challenged under Sections 34 and 37 of the Arbitration Act, citing procedural grounds.

Challenges:

• The steel manufacturer argued for stay and nonmaintainability of appeals.

• Procedural complexities under the Commercial Courts Act were invoked.

Strategy:

The team contended:

1. Orders under Section 36(2) of the Arbitration Act are nonappealable.

2. The Commercial Courts Act does not permit appeals outside the provisions of the Arbitration Act.

Outcome: The High Court and Supreme Court dismissed the appeals, reinforcing the arbitration award.

Vision for the Future

Sharing a sneak peek at the futuristic vision of the company, Vivek envisions himself as a trusted lawyer and problem-solver as a beacon of reliability in the legal community. “I want to be known as a lawyer who clients can confide in, someone who provides sound advice and practical solutions.

” His ultimate goal is not just to achieve legal victories but to ensure his clients receive exceptional service and thoughtful resolutions tailored to their needs. For Vivek, the most rewarding aspect of his career is delivering relief and solutions to clients in distress.

“As lawyers, our clients approach us during their most vulnerable moments. Successfully resolving their cases or easing their burdens brings immense satisfaction and a sense of purpose to our lives,” he says.

Vivek Jhunjhunwala -The ‘advocate’ of change in the legal space

Vivek Jhunjhunwala -The ‘advocate’ of change in the legal space

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