Harpreet Giani
Profile
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.
Harpreet thereafter studied international criminal and commercial law at the London School of Economics and was awarded an LL.M. (Public International Law). He has also studied Shariat (Islamic) law at the Istituto Superiore Internazionale Di Scienze Criminali (ISISC), Siracusa, Italy.
Experienced in:
- Financial wrongdoing including fraud, confiscations, assets restraint and bribery;
- Chancery and commercial law;
- International law, with a specific focus on Indian law;
- Investor-State Dispute Settlement (ISDS); and,
- Gurudwara and temple litigation
Expertise
Harpreet is experienced in Proceeds of Crime Act (POCA) and Bribery Act matters. He has defended in cases involving “Carousel” frauds, Copycat websites, embezzlement by professional trustees, and bribery to obtain protected information from an insurance company
In recent years Harpreet has advised in, and acted for High Net Worth (HNW) and corporate clients in high value transactions which have included refinancing of £1bn+ investments, vetting and settling contracts and assisting in commercial negotiations.
Harpreet also regularly acts for clients in chancery and commercial litigation in courts around the country
As a dual qualified lawyer, Harpreet is able to assist clients who have commercial or litigation interests in India as well as in England & Wales. His knowledge of and experience in the Constitutional Courts in India helps him to act as an effective bridge between competing legal interest in the jurisdictions.
Harpreet also frequently provides expert opinion and advice on Indian law for use in litigation in England & Wales.
Harpreet’s Indian practice spans commercial, corporate, constitutional, regulatory, property laws and arbitration. He is also the additional standing counsel for the government of Chandigarh.
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.
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)
Notable Cases
JetSetGo vs AirOne: Advising and acting for India’s largest private air charter companies in a commercial arbitration.
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.
Court on its Own Motion Assisted the court in formulation and enforcement of a scheme to provide monetary compensation to victims of crime.
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.