An interview with Advocate Nitin Parihar, a seasoned authorized professional
On this interview, we communicate with Advocate Nitin Parihar, a seasoned authorized professional with years of expertise in navigating complicated authorized landscapes.
Identified for his insightful views and dedication to justice, Advocate Parihar shares his ideas on present authorized developments, challenges going through the occupation, and the significance of moral apply in legislation.
Are you able to share your journey into the authorized occupation and what motivated you to focus on company legislation and infrastructure disputes?
Nitin Parihar: My curiosity in justice, governance, and problem-solving from an early age has performed an essential position in shaping my journey into the authorized occupation. Proper after I graduated from the Legislation College on the College of Jammu, I started my profession in litigation.
Throughout this part, I gained hands-on expertise in civil, felony, and constitutional issues. Nonetheless, it took me a while to acknowledge that company legislation and infrastructure disputes introduced a number of the most intellectually stimulating and high-stakes challenges.
Throughout this studying curve, I turned extra accustomed to how infrastructure improvement drives financial progress and that the majority large-scale initiatives usually contain a number of stakeholders, together with authorities businesses, personal corporations, lenders, and regulatory our bodies.
Apparently, my publicity to circumstances involving infrastructure financing, regulatory clearances, land acquisition, and contractual disputes piqued my curiosity and led me to specialize on this discipline.
Over time, the chance to signify main purchasers like Chenab Valley Energy Initiatives Non-public Restricted (CVPPPL) and NHPC improved my understanding of the authorized complexities frequent in such large-scale initiatives.
Then again, the intricacies of company legislation with respect to enterprise governance and operation caught my consideration throughout my apply. I used to be fascinated to seek out the significance of company legislation in rising enterprise and resolving disputes.
My skilled journey has allowed me to work with a number of multinational firms, banks, and monetary establishments, and every supplied a singular studying expertise.
By way of our affiliation, I used to be in a position to develop a robust basis in regulatory compliance, mergers and acquisitions, contract legislation, and dispute decision. One such occasion is my position as an unbiased advisor for Leonardo GMBH, the place I primarily advise on protection procurement procedures.
This expertise has helped me broaden my experience in high-value business transactions and worldwide regulatory frameworks. Immediately, my focus is on offering authorized options that mitigate dangers and allow companies and infrastructure initiatives to function with none hiccups.
As a authorized professional in company legislation, what are a number of the most typical challenges companies face in compliance and regulatory issues?
Nitin Parihar: One of many largest challenges that companies must cope with at the moment is the necessity to sustain with altering regulatory reforms, notably these associated to the Corporations Act and SEBI rules.
Companies which might be usually not in tune with the newest reforms face compliance points, which result in penalties and repute injury.
One other frequent concern is the dangers that accompany poorly drafted agreements or come up as a result of ambiguous clauses. My position as a authorized advisor is to make sure all contracts are legally sound, clear, and enforceable.
These days, globalization is considered as a significant factor that’s complicating authorized issues for corporations.
Given how multi-jurisdictional compliance is changing into important to function in a worldwide market, it has turn out to be essential to stick to totally different regulatory frameworks associated to tax, employment legal guidelines, and information safety.
Notably, tax and monetary compliance in itself is a large problem due India’s complicated taxation construction and related guidelines. That is why corporates should be additional cautious, as any misstep or wilful non-compliance with GST, company taxes, and switch pricing rules can land them in deep trouble, together with litigation.
Equally, sure sectors, notably banking and protection have to stick to strict regulatory norms.
Protection corporations, as an illustration, should adjust to procurement insurance policies and export controls to keep away from unwarranted hassles and authorized challenges.
In my opinion, the most effective wager for firms in an more and more complicated regulatory panorama is to have sturdy authorized methods to depend on. Understanding the compliance necessities and adhering to them can save corporations from the brunt of litigation and penalties. As a authorized advisor, I assist companies deal with these considerations and supply a means out.
What position do you consider authorized professionals play in guaranteeing the profitable execution of infrastructure initiatives in India?
Nitin Parihar: Completely! authorized professionals play an important position in guaranteeing the profitable execution of infrastructure projection in each nation. Our experience proves helpful in simplifying legalities and rules for purchasers’ ease and guaranteeing they’re ready towards potential dangers.
Usually, the involvement of authorized professionals goes past conducting due diligence on land acquisition, environmental clearances, and financing and extends to varied levels of the initiatives.
Principally we’re liable for drafting and negotiating a number of contracts, together with EPC (Engineering, Procurement, and Development) agreements, concession agreements, and financing contracts.
Immediately, large-scale initiatives not solely require copious paperwork but additionally want approvals from a number of businesses. As a authorized skilled, our position is to make sure compliance with current rules and search approvals from the Ministry of Surroundings and Forests, NHAI, and state authorities.
In case of any contractual disputes, and regulatory challenges, authorized professionals assist resolve them via arbitration or litigation. Some initiatives are structured as public-private partnerships (PPPs), in such circumstances we guarantee balancing the pursuits of each sectors.
Therefore, briefly, we will say that the position of authorized professionals transcends totally different levels of undertaking improvement to make sure profitable execution.
How do you see the connection between authorized compliance and innovation within the protection sector?
Nitin Parihar: Whereas the protection sector operates in a extremely regulated surroundings, we must always not see compliance and innovation as opposing forces. In truth, I believe they complement one another completely.
On one hand, authorized compliance ensures that protection improvements are moral, safe, and aligned with nationwide safety targets.
For instance, the procurement and contracting processes in protection procurement should adhere to strict rules, such because the Protection Procurement Process (DPP) and offset obligations.
Then again, as a advisor for protection procurement initiatives, I can’t deny the necessity for innovation on this sector.
Adapting to technological developments can be essential for the sector to foster innovation. Equally, mental property safety is vital to safeguarding improvements via patents, commerce secrets and techniques, and licensing agreements.
On this context, authorized professionals may help guarantee compliance with export controls and licensing norms. Immediately, many protection improvements emerge as a result of joint ventures with overseas entities.
Nonetheless, such partnerships demand adherence to FDI norms, know-how switch agreements, and nationwide safety rules.
Apart from these, compliance with cybersecurity and information safety legal guidelines is more and more changing into important to guard and safeguard categorized applied sciences and delicate info in a world the place the concern of digital warfare is escalating at a fast tempo.
That is why I assist my purchasers perceive the dynamics between the 2 whereas enabling them to decode the associated authorized complexities. This strategy has helped me make sure that compliance frameworks assist technological development.
How do you assume developments in know-how will affect authorized practices, notably in your areas of experience?
Nitin Parihar: In my expertise, developments in know-how have reworked authorized apply in a number of methods, notably in company, infrastructure, and defense-related authorized work.
As an example, AI instruments and techniques are more and more discovering their place in authorized analysis and doc drafting, whereas blockchain-based good contracts are automating contractional obligations and selling transparency in infrastructure initiatives.
Equally, digital arbitration and on-line dispute decision have gotten extra widespread as a result of their capability to make litigation accessible whereas lowering prices for the concerned events.
Moreover, regulatory know-how (RegTech) is simplifying compliance processes for companies. That is why I consider embracing superior know-how is critical to remain environment friendly and related in a extremely aggressive discipline like ours.
What recommendation would you give to younger legal professionals who aspire to work on the intersection of legislation and enterprise?
Nitin Parihar: My recommendation for aspiring legal professionals, who intend to focus on company legislation and enterprise can be to grasp the basics. This may assist them develop a robust understanding of any legislation and its regulatory framework.
Subsequent, they have to concentrate on studying about enterprise operations, monetary constructions, and trade developments. Insights into such business themes will likely be invaluable in enhancing their data and providing efficient authorized recommendation to purchasers.
It doesn’t matter what stage of their profession they’re at, they need to all the time attempt to broaden their community. For this, they have to have interaction with trade professionals, attend authorized conferences, and construct relationships with purchasers and regulators.
This publicity will come in useful in a couple of means throughout their skilled journey. As well as, I counsel them to embrace technological improvements as we stay in a digital world that’s quickly reworking how we strategy investigations and authorized circumstances.
Holding these in thoughts and practising them would assist younger legal professionals create a definite identification in our aggressive discipline.
As we conclude our dialog, Advocate Nitin Parihar’s ardour for legislation and dedication to his purchasers shine via.
His insights not solely illuminate the intricacies of the authorized discipline but additionally encourage future generations of authorized professionals.
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