Gopal Subramanium

3 Verulam Buildings WC1R 5NT DX: LDE 331 Gray’s Inn, London. Telephone: +44(0)20 7831 8441 Barristers regulated by the Bar Standards Board Gopal Subramanium Email Address: [email protected] One of the most talented jurists that India has produced in recent times, Gopal Subramanium was born in 1958 in Bangalore. He completed his schooling from St. Xavier's School, New Delhi, closely followed by a degree in law from the University of Delhi. Gopal commenced his legal practice in 1980 in the Supreme Court of India, under the guidance of Mr. Soli J. Sorabjee, jurist & former Attorney General for India. In 1993, he was designated a Senior Advocate (the equivalent of a Queen's Counsel in the UK) suo motu by the Supreme Court, one of the youngest to be designated in the Supreme Court's history. In 2005, Gopal was appointed Additional Solicitor General of India. He went on to serve as Solicitor General of India between 2009 and 2011. During his tenure as a law officer, he was honoured with the National Law Day Award for Outstanding Jurist, presented to him in 2009 by the President of India, for his consistent professional excellence and adherence to the highest traditions of the Bar. Gopal continues to act as lead counsel in several path-breaking matters. He acted as lead counsel for Novartis AG in Novartis' challenge before the Supreme Court to a denial to grant it an Indian patent for the cancer drug ‘Glivec'. Gopal’s arbitration experience includes appearing as lead counsel for Indian companies in ICC and domestic arbitrations. In addition, he regularly deposes as an expert witness on Indian law in SIAC and other international commercial arbitrations. Gopal has also served as a member of the arbitral tribunal presided over by Justice R.S. Pathak, former Chief Justice of India and Judge, International Court of Justice in arbitration between Transammonia AG and MMTC Limited. In 2017, he represented Japan’s Daiichi Sankyo in enforcement proceedings before the Delhi High Court for a US$ 550 million ICC award with the seat at Singapore. He was recently granted permission to appear in challenge proceedings concerning the same award before the Singapore High Court. Gopal Subramanium has also appeared in a number of landmark cases concerning the law of arbitration in India, including the BALCO case (2012), where the Supreme Court of India ruled on the applicability of Part I of the Indian Arbitration & Conciliation Act, 1996, to arbitrations held in a foreign seat, and awards arising therefrom, and Sundaram Finance (1999) (in respect of a court's powers to grant interim protection to parties pending arbitration). He has appeared in a number of matters in the Supreme Court and various High Court concerning arbitrability of disputes, appointment of arbitrators and challenge to arbitral awards including those arising out of defence contracts, EPC contracts and infrastructure contracts. Page 1 / 12 3 Verulam Buildings WC1R 5NT DX: LDE 331 Gray’s Inn, London. Telephone: +44(0)20 7831 8441 Barristers regulated by the Bar Standards Board In 2017, Gopal acted as lead counsel for the Petitioners in Justice K.S. Puttaswamy (Retd.) v. Union of India where a nine-judge bench of the Supreme Court of India unanimously held that there was a fundamental right to privacy under the Indian Constitution. In 2013, Gopal acted as a member of a Committee to Recommend Amendments to Criminal Laws (headed by Justice J. S. Verma), which recommended much-needed amendments to various Indian laws to ensure the safety and dignity of women and young children. Further, among his other scholarly works, Gopal Subramanium has contributed to, and edited, "Supreme But Not Infallible: Essays in Honour of the Supreme Court of India", a comprehensive work on the evaluation of the working of the Supreme Court of India, published in 2004 by the Oxford University Press. Expertise Professional Experience 2018 - Present, Honorary Master of the Bench, the Honorable Society of Gray’s Inn 2015 - Present, Supplementary Judge, Qatar Financial Centre Regulatory Tribunal, Qatar International Court and Dispute Resolution Centre 2013 - Present, Associate Member and Arbitrator, 3 Verulam Buildings, London Senior Advocate (1993 - Present) 2009 - 2011, Solicitor General of India (till 14th July, 2011) 2010 - 2011, Chairman, Bar Council of India 2005 - 2009, Additional Solicitor General of India (till 14th June, 2009) 1993, Designated Senior Advocate suo moto by the Supreme Court of India Advocate (1980 to 1993) 1981 - 1983, Appointed Standing Counsel for the Union of India in the Supreme Court. Additionally, appeared on behalf of the states of Madhya Pradesh and Uttar Pradesh in numerous cases. Retained by M/s. Amarchand Mangaldas & Hira Lal Shroff & Co., Solicitors and Advocates 1980 - 1981, Joined the chambers of Soli J. Sorabjee, Senior Advocate and former Attorney General for India. Notable Cases Acted as lead counsel for the Petitioners in Justice K.S. Puttaswamy (Retd.) & Anr. v. Union of India & Ors. (2017) where a nine-judge bench of the Supreme Court of India unanimously held that there is a fundamental right to privacy under the Indian Constitution. Page 2 / 12 3 Verulam Buildings WC1R 5NT DX: LDE 331 Gray’s Inn, London. Telephone: +44(0)20 7831 8441 Barristers regulated by the Bar Standards Board Acted as prosecuting counsel for the Central Bureau of Investigation (CBI) in the trial of persons accused of setting off a series of bomb blasts in Mumbai (1993). Further, appeared as the CBI’s lead counsel in this matter until 2012, when appeals from the trial were heard by the Supreme Court. Acted as Special Public Prosecutor in the case involving a terrorist attack on the Indian Parliament in 2001. Before the Supreme Court, successfully defended the conviction of Ajmal Kasab, the sole surviving terrorist who carried out attacks on Mumbai in November 2008. Appeared on behalf of the Union of India at the Bombay High Court in a writ petition pertaining to the security of citizens after the Mumbai terrorist attacks of November 2008. Appeared on behalf of the Union of India in Bachpan Bachao Andolan v. Union of India and submitted a report titled “The Indian Child: India’s Eternal Hope and Future”. The report devised plans to curb the menaces of immoral trafficking, child pornography, and slavery and begging amongst children. Before the Supreme Court, appeared on behalf of the Union of India and defended its interests in the gas-dispute between Reliance India Ltd. and Reliance Natural Resources Ltd. Argued for greater literary and artistic freedom in Devidas Ramachandra Tuljapurkar v. State of Maharashtra (2015). Acted as lead counsel for the Government of India in litigation concerning irregularities in the allocation of 2G radio-spectrum bandwidth to various telecom operators. Acted as lead counsel for Novartis AG in its challenge before the Supreme Court to a denial to grant it an Indian patent for the cancer drug ‘Glivec’. Successfully led arguments on behalf of the Government of Delhi in a case concerning the constitutional division of powers between the Delhi Government, the Union Government, and the Lieutenant Governor of Delhi. Appeared on behalf of the Union of India before the High Court of Assam in a matter pertaining to the imposition of President’s Rule in the State of Nagaland. As Solicitor General of India, appeared in Asoka Kumar Thakur v. Union of India, a case that considered reservations for economically backward classes of persons. Appeared for the Union of India in the Supreme Court of India in a matter relating to the phone-tapping of Members of Parliament. On behalf of the Union of India, appeared before the Supreme Court in the case concerning the Dissolution of the Bihar Legislative Assembly (Rameshwar Prasad (VI) v. State of Bihar, 2006). Appointed Amicus Curiae in University of Kerala v. Council, Principal’s College, Kerala & Ors. (2009), and assisted the court in preventing the practice of ‘ragging’ in college campuses. Appeared for the Attorney General for India in the matter relating to the expulsion of Members of Parliament by the Speaker (Raja Ram Pal v. Hon’ble Speaker, Lok Sabha, 2007). Appeared before the Supreme Court in a matter involving the POTA Review Committee's decision concerning persons accused in the Godhra Riots. Appointed as Special Public Prosecutor in the High Court of Delhi and in the Supreme Court of India to conduct the ‘Parliament Attack case’. Received distinguished mention. Assisted and appeared as Counsel in theUnion Carbide case concerning the Bhopal Gas Tragedy. Appointed Amicus Curiae in Krishnakant Tamrakar v. State of Madhya Pradesh (2018), a case concerning access to justice and swift justice delivery. The Supreme made a series of Page 3 / 12 3 Verulam Buildings WC1R 5NT DX: LDE 331 Gray’s Inn, London. Telephone: +44(0)20 7831 8441 Barristers regulated by the Bar Standards Board recommendations concerning the filling of vacancies across courts and the appointment of competent and impartial judges. Appeared in Brij Lal v CIT (2011), where the Court crystallized the role of the Settlement Commission under the Income Tax Act. Appointed Amicus Curiae by the Supreme Court in Imtiyaz Ahmed v. State of UP (2012). Collected and analyzed data regarding the pendency of criminal trials after High Courts had granted stay in the matters. Appeared on behalf of the Union of India in the matter concerning the declaration of the Student Islamic Movement of India as an Unlawful Association under the Prevention of Unlawful Activities Act. Appeared on behalf of the State of Kerala in the Italian Marines’ case. Appointed Amicus Curiae by the Supreme Court of India in a matter concerning the administration and upkeep of the Jagannath Temple, one of the most sacred sites for Hindus in the world.

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