Toby Landau, the Queen’s Counsel who “interned” at Luthra & Luthra

Toby Landau is the first Queen’s Counsel to “intern” with an Indian law firm, after Luthra & Luthra Managing Partner Rajiv Luthra bid for him at a Legal Aid Charity auction in Singapore..Commenting on the auction, Landau said,.“I don’t often put myself up for sale, but in a weak moment I was persuaded to take part in a legal aid charity auction in Singapore. My expectation was that I would be “purchased” by a Singapore law firm as a trainee for a day. .But Mr. Luthra unexpectedly started some aggressive bidding, and didn’t give up till the last minute. So I was purchased for Delhi instead of Singapore!”.With an independent practice at Essex Court Chambers since 1994, Landau specialises in international and commercial law, in particular, international and commercial arbitration. He also happens to be the co-architect of the UK Arbitration Act of 1996..This is what he had to say in an exclusive interview with Bar & Bench..Your thoughts on Luthra & Luthra?.It’s a very special firm, because I think it has got a particular atmosphere which is engendered by the boss. He exudes a great deal of warmth, and there is lot of collegiality..I started my “internship” at around half past one, and the formal part of it finished at around five. There are photos of me in the interns’ room with the interns. They have a keen interest in international arbitration, so a lot of the focus was on that..Speaking of arbitration, you had co-drafted the UK Arbitration Act at a very young age..It was an extraordinary experience. When I had just started practice, there had a been a very long and painful public consultation process. The government had just finished one of those consultation phases, and had received thousands of responses. They were looking for someone young, available and cheap to come in and look at the material. So, I left chambers for three months, and worked in government, in a windowless basement. It was me in a room with a desk and big sign on the wall that said DANGER: ASBESTOS..I wrote a full report on all the consultation responses, and I was very fortunate that the head of the Committee changed and became Lord Saville, who is a very famous retired Law Lord. He took the view that the entire process had to be started again and that a new Act had to be drafted. He thought that it should be done privately by him and me..So, he took a month off judging, and I took a month off practice (not that I had any practice) and we sat together and drafted it. It was amazing to work with him, because he is such a great legal mind. It was just the two of us in my small chambers. I remember the desk was not big enough, so he had to balance some papers on his knee! The Act was drafted between there and a dodgy local Indian restaurant..After we completed it, we went through the task of persuading the government to accept it. It was later perfected by parliamentary counsel with our help, and then got enacted..It was an amazing insight into law making and was also a sort of launch for me personally. When you start as a youngster, you have to find ways of distinguishing yourself, and for me it was being in the right place at the right time, and working with people who were incredibly generous to give credit to a youngster..Ever since then, I have been apologising for the Act! When I argue cases on it in court, the judges often ask me to explain exactly why something was drafted in that way..And there have been no amendments to the Act?.No. There is talk about it; the Law Commission has been looking into it. Without doubt, there are things that could be improved. The area of arbitration is very fast moving; the world of arbitration is now very different to what it was when we drafted the Act. But I think it is still holding up now..If one were to open up the Act now, there may be too many different voices in different directions that could de-stabilize it. So, it probably won’t be amended yet..How would you compare it to the India Arbitration Act?.It’s interesting, because it is the same vintage – 1996. India took the course of the UNCITRAL Model Law, whereas England didn’t, which was quite controversial at the time. There are some issues in the Indian Act that were problematic. The new 2015 amendments are very impressive and really focus on some of the problem areas..India’s experience with arbitration has been very different. This reflects the fact that you can’t legislate for people’s attitudes; you can’t change minds and hearts with law. You can have a brilliant Act, but unless you change people’s approach, it can be interpreted in any way, both by judges and by lawyers. There is still some way to go to try and get the people of India to buy into modern day arbitration. I have no doubt that it will happen, people in England were very critical of it at one point..You also have some experience practicing in Lahore..It has been a rich, anthropologically interesting experience. The courts of Pakistan are not so different from Indian courts, though they are less advanced. The legal profession and the judges are at a lower level than in India. For a foreign lawyer, it is an incredibly difficult environment, because you never quite understand what everybody is thinking. When I practice there, I work very closely with local counsel, which is absolutely essential..In the middle of a hearing in court, it is likely that your opponent will shift into Urdu poetry and everyone in the room will go, “Wah”. The courts are quite chaotic, and the pendency of cases is unbelievable. I have had some experiences where the level of corruption is manifest. So, it is challenging, and the results have been mixed..It must have been a big move for you to make..Originally, it was. I have merged it with an English life. My daughter was in school in England for ten years, and then had to move to Lahore. I’ve always had an affinity for South Asia. Before I went to university, I took a year off and taught in Rishi Valley School in India. So, being in Lahore has been fine, although it is a very different way of life..Which international arbitrations centres have picked up in the recent past?.I am a member of the LCIA as well as the SIAC and the SEC in Stockholm. All of them are experiencing an increase in the number of cases. Singapore is a much younger centre than London, but it is on a meteoric rise, Hong Kong as well..I think the ICC is the most active of all, but also the most established. They all have merits and it is difficult to say which is better than the other. The truth is, if you look at the core of the main centres, there is not much to tell between them. International arbitration is dominated by a small group of professionals; the same people crop up everywhere..What would it take for Indian lawyers to become successful in the field of international arbitration?.The main issue has not been an India-specific problem; it is a problem everywhere. When people develop their skills in a particular legal environment, they learn how to do things in accordance with that. There is an unlearning exercise that needs to be done in order to transfer into international arbitration..One of the biggest mistakes is that when people enter an international forum, they bring all the baggage of their local practice. The English are famous for doing it. Indian practitioners have already been very successful internationally, so there is no big hurdle..How has your experience been working on the Vodafone-India arbitration with Harish Salve?.It is a great honour to work with Harish. What is interesting about this case is that it is a mixture of international law and Indian law. So the questions raised are in part what is the Indian regime or what should it be, and in part how does it impact international law. You can’t get better than Harish Salve to assist on Indian law. He has also has an increasingly high reputation in international law..Do you see India becoming a hub for international arbitration?.I don’t, actually. Not for some time. India has always been seen as unsafe for arbitration. It might in the future, but I think what will happen in the short term is that Indians will find huge opportunities in Singapore because of the synergy. More and more people are going to Singapore, whereas in the past, they would go to London..The impact of that is being felt in Europe, because a lot of us are focussed on Asia. For example, my chambers is setting up a base in Singapore, and the idea is that we will work with not only Singaporean firms, but also Indian firms..Image courtesy:.Lord Saville.Click here to download the Bar & Bench Android App