Harpreet Singh Giani (2006) 

(India 1999)

Dubai International FINANCE Centre Court (2014)


One of two dual qualified Indian & English Barristers in Practice 

One of two dual qualified Indian & English Barristers in Practice 

Harpreet is an experienced litigator, with 13 years of litigation experience in the Punjab & Haryana High Court (the Indian equivalent of the EAW Court of Appeal).

His Indian practice spans commercial, corporate, constitutional, regulatory, property laws and arbitration. He is also the additional standing counsel for the government of Chandigarh and represents several statutory authorities in the state of Punjab.

Harpreet's English work takes in asset recovery, litigation, judicial review and cross-border advisory work.

His knowledge of practice, procedure and law in both jurisdictions in unique; he is able to advise on cross-border commercial wrongdoing matters with litigation experience across the range of tribunals.

Apart from a B.A. (Political Science and Economics) and an LL.B. degree from the Panjab University, Harpreet also has a Masters degree (M.B.L.) in business laws from the National Law School of India University. He has also studied Shariat (Islamic) law at the Istituto Superiore Internazionale Di Scienze Criminali  (ISISC), Siracusa, Italy.

Harpreet has a particular interest in International Criminal Law and has a Masters degree (LL.M.) in Public International Law from the London School of Economics. He has also interned in the Legal Advisory Section of the Office of the Prosecutor of the International Criminal Court at The Hague, The Netherlands.

He is currently researching the availability, applicability and use of the death penalty by the Indian Supreme Court, as a Ph.D. candidate at the Indian Law Institute, New Delhi.

Harpreet is registered in Dubai  as a part – II practitioner (barrister) in the Dubai International Financial Centre Courts’ Register of Legal Practitioners. He is now authorized to issue and conduct proceedings and to appear before the Dubai Courts. Mr. Giani advises and acts for several Dubai based corporate clients and investment banks.

vCard | QR 


Constitutional Commission
 

In 1998 Harpreet was appointed the Sole Counsel to the Liberhan Ayodhya Commission of Inquiry.

The Commission was set up by the Indian Home Minister on the demand of the Indian Parliament following the destruction of a historic religious place which resulted in widespread country-wide communal riots in India.

As sole counsel, Harpreet was tasked with analysing documentary and oral evidence collected over a 15 year period and assisting the commission’s chairman in preparing the final report which was handed over to the Indian Prime Minister and the Home Minister.

The report was discussed threadbare in both houses of the Indian Parliament thereafter.

Harpreet was previously instructed as sole counsel for a statutory authority in a real estate development arbitration involving claims and counter claims of Rs. 36 Billion (£414m)

Practice
 

He is currently advising the Chairman of the Sahara India Parivar in its ongoing commercial, civil and criminal litigation in the Supreme Court of India. He is also advising on it’s commercial disinvestment transactions in excess of £1.5 Billion. Sahara, with a net worth of £ 6,672 million, is the second largest employer in India, employing 1,100,000 people across 4799 offices.

Harpreet regularly advises private, corporate and governmental clients on contracts and legal documentation.

He has been involved in drafting amendments to legislation for a state legislature in India. He has also co-authored a draft landlord-tenant law.

As state’s counsel, he has argued cases involving challenges to the vires of Central and State legislation.

He appears frequently in cases involving regulatory and administrative matters for claimants and petitioners, as well as for the government.

Harpreet has  also appeared pro bono in about 12 death-penalty cases for the appellants.

Harpreet is also the co-author of the Blood Bankers’ Legal Handbook (SMLAF, 2003), apart from being a frequent editorial contributor to prominent Indian newspapers.


Notable Cases
 

  • Pegasus Assets Reconstruction Vs. Official Liquidator One of the first cases in the Punjab and Haryana High Court, involving the rights of an Asset Reconstruction Company (ARC) under the Securitisation of Assets and Reconstruction of Financial Act. Judgement remains a landmark judgment in the interpretation of this particular statute.
     
  • ML Sarin Vs. Emirates Airline Litigation under the Indian Consumer Protection Act before the Chandigarh State Consumer Disputes Redressal Commission. The highest ever monetary compensation was awarded to the complainants for deficiency in services by the airline. 
     
  • Punjab Urban Development Authority In a series of cases, successfully repelled challenges to the rights of the State authority to enforce urban planning laws.
     
  • K Vs. State of Punjab Successfully petitioned for the exercise of the High Court’s constitutional writ jurisdiction to protect the rights of an abandoned wife who was being harassed by her husband.
     
  • A Vs. B University Challenge of a decision by University B to deny an award-winning doctor admission to their M.D. course.
     
  • M Vs. SR School Challenge of a government agency’s decision to grant permission to a prominent school.
     
  • V Vs. State of Haryana Challenge of a decision by a public sector petroleum company to deny allotment of a sales dealership  in a regulatory breach.
     
  • TCA Vs. UA etc. Letters Patent Appeal in the High Court regarding the management and disposition of the estate of one of the most prominent lawyers of Northern India.
     
  • Dr. KS Vs. P Challenge of a decision by a government agency to prosecute a senior doctor for alleged mismanagement, in a bid to deny his candidature for the directorship of one of India’s premier teaching hospitals.
     
  • HS Vs. State of Punjab A constitutional review of the actions of the state police and government in refusing to prosecute the applicant's husband for cruelty and desertion.
  • LUBC Vs. Chandigarh Administration Defended the government’s policy on allowing conversion of industrial property for commercial use on payment of a calculated fee.
     
  • Court on its Own Motion Assisted the court in formulation and enforcement of a scheme to provide monetary compensation to victims of crime.
     
  • Court on its Own Motion Assisted the court in formulation of a policy for dealing with stray animals in the city of Chandigarh and its vicinity.
     
  • BSS Vs. Union Territory of Chandigarh Defended the Chandigarh government’s decision against a Public Interest challenge to the allotment of a valuable golf course to a society on certain terms.
     
  • SKB Vs. Union of India Successfully defended the vires of a particular provision of the Prevention of Food Adulteration Act against a challenge by one of India’s leading companies.
     
  • M Vs. H A request by a USA court to to record trial witnesses for litigation within their jurisdiction.
     
  • UT Chandigarh Vs. Central Administrative Tribunal In a series of cases, challenged the judgment of the employment tribunal in judicial reviews.
     
  • UT Chandigarh – Land acquisition Appeared for the government in dozens of challenges to the acquisition, as well as to the quantum of compensation awarded by the Land Acquisition Collector to the land owners under the (compulsory) Land Acquisition Act.
     
  • LP Vs. Union Territory of Chandigarh Appeared for the government in a challenge to the classification of certain synthetic fabrics or excise purposes.
     

Other
 

  • Plenary speaker, 12th International Conference of the Pacific Basin Consortium For Environment And Health Sciences, Beijing 2007.
     
  • Guest lecturer, Central Detective Training School, Ministry of Home Affairs, Government of India
     
  • Guest lecturer, Cyber Security Research Cell, Punjab Engineering College, Chandigarh
     
  • Weekly columnist, The Indian Express Newspaper, India (1994 – 1998)
     
  • Guest columnist, The Tribune, The Hindustan Times and the Times of India newspapers.
     
  • Judge, India national final rounds, – Jessup moot (2004)
     
  • Organiser and judge, national and international rounds of the Sarin MLA Foundation, Leiden University (Netherlands) Air Law Moot Court Competition, Delhi (2010), Dubai (2011), Istanbul (2012)