Dr Mukul Shastry – GC Powerlist
GC Powerlist Logo
India 2024

Financials

Dr Mukul Shastry

General counsel | Cube Highways and Transport Assets Advisors

Download

India 2024

legal500.com/gc-powerlist/

Recommended Individual

Dr Mukul Shastry

General counsel | Cube Highways and Transport Assets Advisors

What are the most significant cases or transactions that you have been involved in over the past year?

The past year has been an interesting time during which we have handled many complex matters, including a perplexing Public Interest Litigation concerning our toll roads. This case has raised a constitutional question regarding whether the court can question the statutory powers of the sectoral regulator to approve road designs, among other issues. Another complex arbitration involved an indemnity claim, which we are contesting both in SIAC and in India.

Additionally, we have advised on numerous transactions, established a thorough compliance framework, and, more importantly, strengthened our contract and claims processes. Following the de-tariffing by the IRDA of all non-life insurance, we have achieved significant savings by curating relevant insurance policies that mitigate our risks without increasing costs.

India is an economy that is rapidly growing and expected to be one of the economic powerhouses of the 21st Century. How do you see the role of GCs there changing in this environment? 

Indeed, the Indian economy is poised for significant growth; however, the economy must grow on the strength of boisterous private enterprises and risk-taking entrepreneurs. I feel the business problems are not merely technical (engineering) or financial but also regulatory and legal. The complex regulations and stricter compliance require that business decisions are absolutely spot on, lest decision-makers regret their choices later. Therefore, General Counsels are the prodigious counsellors who must tread the tightrope of being both conscience keepers and business enablers.

The ESG regulations, sectoral requirements, interpretations of laws by courts, specific circulars, and rules need to be thoroughly examined while advising the business. Hence, in my past two decades of experience in the industry, I have seen General Counsels evolving from a passive role to that of active strategic advisers.

The next leap, which is going to happen soon—early signs have already started—is the appointment of General Counsels to Boards of Directors so they can be part of the decision-making process and be directly responsible for business conduct, rather than merely serving as advisers.

What is a cause, business-related or otherwise, that you are passionate about, and why? 

The cause that I am working towards and want to see become a reality soon is to fill the benches and tribunals with in-house counsels. I feel that the kind of expertise they bring is currently lacking in litigation talent. The perspective an in-house counsel develops of the business is unparalleled. Therefore, whether it be the High Court, Supreme Court, or specialised tribunals, there should be a percentage that needs to be elevated from in-house.

This will develop jurisprudence like nothing seen before and will aid in the unparalleled economic progress of the country. Furthermore, this will also make available a wider talent pool for the Supreme Court collegium to consider when looking to elevate individuals to the benches.

Thus, I work on a twin agenda: first, to ensure that in-house counsels are recognised as lawyers, thus allowing them to appear before the courts; and second, to have them elevated to benches and tribunals.

Are the effects of AI on the legal world overplayed, or underplayed? 

I believe that AI is going to disrupt human existence, let alone the legal market, soon. AI will be like mobile phones, which have become an indistinguishable part of human existence. Can anyone think back two decades and imagine that you would not be able to move without a piece of plastic that revolves around your life? Likewise, the time is not far off, and in less than a decade, we will see that we are so dependent on AI, robots, and machines with intelligence that our lives will revolve around them.

From your house help to your driver to smart homes, everything will be managed by machines, and legal services won’t be any different. You may get your typical contracts, research, education, etc., from these machines, and human lawyers will be required only for higher purposes.

Dr Mukul Shastry - India 2023

General counsel | Cube Highways and Transport Assets Advisors

View Powerlist

Related Powerlists

Dr Mukul Shastry

General counsel

Cube Highways and Transport Assets Advisors

View Powerlist