First(ish) Indian firm to open China office: PSL bets on ‘crazy’ commercial opportunity in politically ‘tricky’ Belt & Road

Silk routing it: Jain (left) with PSL co-founder Sandeep Bajaj (r)
Silk routing it: Jain (left) with PSL co-founder Sandeep Bajaj (r)

PSL Advocates & Solicitors has set up a small office in China’s fifth-larges city, Hangzhou, and is in the process of hiring a local lawyer there to capitalise on increasing outbound work to India.

As far as we’re aware, it will be the first Indian law firm with an office in the country, which India has traditionally had a rather complicated relationship with. Correction 13 March 2019: It appears Remfry & Sagar used to have a “presence” in China at some in time.

justCo-managing partner Sameer Jain, who had founded Delhi-based Pamasis Law Chambers that had merged with Mumbai-based SanAd Legal in 2017 to form PSL, said that PSL currently had at least five regular clients in China, including a local consulting firm, which has agreed to use PSL as its preferred Indian law firm.

“There’s a crazy amount of work happening in China… There was an opportunity for China and we realised […] a lot of firms are focusing on China, but without an office there,” said Jain, citing Link Legal India Law Services partner Santosh Pai, in particular. “Having an office there gives more opportunities.”

Jain added that while PSL’s overseas jurisdictional focus had mainly been on Japan, Israel and Russia work, he and his co-managing partner Sandeep Bajaj had been spending a lot of time in China and would continue to do so with the new office, in which they were finalising one local law hire.

However, the firm would only advise, broadly, on India-inbound investment advisory and international arbitration disputes work.

“Once we have a Chinese national set up there, we will [evaluate] whether we would require a licence to practice Indian law there.” explained Jain. “But it’s more of a representative office, we’re not doing Chinese courts, but purely India advisory work.”

Buckling up for a bumpy ride

China’s so-called “One Belt One Road” initiative has seen its government make billions of US dollars of investment in land and sea transportation and other infrastructure projects, particularly amongst China’s neighbours.

Coupled with China waiving later waiving loans it provided for projects and its government then taking ownership of foreign infrastructure assets, such as roads in Pakistan, has not been popular with China’s rivals, such as India or the US.

However, Jain argued: “Belt and road is an opportunity pool for everyone in the Asian region. The amount of contracts, the quantum of contracts entered into for belt and road is immense.”

“India is not quite happy,” he conceded about the domestic reception of belt and road, saying that India’s government response “has always been contradictory”, having made no formal statements for or against it, and has been “very hesitant to come out in open support, very naturally so”.

“But I don’t think India has an option,” he added. “They [India] will certainly have to cave in and participate in belt and road.

“It’s a tricky situation the Indian government but from a private corporate side, [Indian corporates working with Chinese corporates, as well as Chinese corporates] have a big earning opportunity. They will grab it with both hands.”

India was not in a position to undo belt and road, opined Jain. “It’s too huge to jeopardise, when there are international pressures to cave in, they’ll have to cave in.

“I’m sure they’ll not be too happy with it. but from our perspective as a law firm it’s a great opportunity.”

Comments

Alias 11 Mar 2019, 10:34
+8 -4
Who are these people???
kianganz 11 Mar 2019, 10:40
+2 -0
Can find a quick PSL history here: https://www.legallyindia.com/tag/psl
Guest 11 Mar 2019, 13:03
+4 -0
Does the managing partner still boast of "[...]-didn't-hire-me,-now-he-wants-me-as-a-partner"?
Votha 11 Mar 2019, 13:05
+18 -0
Hahaha, the OBOR is substantially covered by Magic law firms, which service them from their Beijing/Shanghai/HK offices, with sizable no. of Chinese lawyers. This is a pure publicity. In any case, most OBOR projects are hitting roadblocks. Too little too late. Nice tie though (#oldplug)
Agent xxx 14 Mar 2019, 07:23
+4 -1
Did they borrow the tie for the photo shoot or is that a dress code?
Cheeni kum 11 Mar 2019, 13:45
+13 -0
Many offices don't even have a "Chinese Wall," and here is one with an office in China!
Well wisher 12 Mar 2019, 03:42
+3 -1
Way to go guys ! Good luck ...
Another friend 12 Mar 2019, 05:32
+0 -1
Congratulations!! All the best!
Huh? 12 Mar 2019, 05:40
+10 -0
Note the repeated use of 'they' and not 'we, as in 'they' will have to cave in..and used for India as a whole, not just the Indian government.

Just because they have opened an office in China, do they think that makes them Chinese?
WHAT?? 12 Mar 2019, 05:49
+0 -0
I think you are reading too much into it.
kianganz 12 Mar 2019, 05:53
+4 -2
Well, maybe it's sensible for an international lawyer with a new office in China to be a little impartial rather than imbibe a nationalistic them vs us philosophy? I, for one, found his objectiveness regarding the politics of the situation refreshing.

Furthermore, 'they' in this is very obviously referring to the Indian government, which is a different entity from the Indian people, India the country, or a signifier of your own nationality, as far as I understand it...
Guest 12 Mar 2019, 06:00
+8 -0
Both of them are wearing the same tie. Just saying.
kianganz 12 Mar 2019, 06:04
+7 -0
Now that's true partnership! :)
50 Shades 13 Mar 2019, 09:54
+3 -0
Ties that bind...
kyanzang 15 Mar 2019, 09:12
+1 -0
Coaterie
Toxic 12 Mar 2019, 07:42
+8 -3
Why is there so much toxicity in the comment section - especially, when it comes to new firms? Motive them! I

It's for the larger good of legal fraternity. Don't fall into the trap of Big 6 or 7. They want you to be their slaves forever. It's time to break their domination.
Ex-slave 12 Mar 2019, 08:11
+0 -0
I agree! Speaking from a former slave's perspective, the Amarchands, AZBs and Khaitans of this country can co-exist with these firms who are also carving out a niche for themselves. Not every lawyer is cut out for the Big 6 or 7 and has found more work satisfaction in these smaller set-ups.

Kudos to PSL and the team on their new venture!
Twice shy 12 Mar 2019, 08:58
+7 -1
The Chinese cannot be trusted.
Alias 12 Mar 2019, 09:16
+9 -0
That is why an Indian firm is setting up there. Eent ka jawaab patthar se.
Magic Pumpkin 12 Mar 2019, 09:23
+6 -2
What an earth do the quotes mean? Sounds like they are already speaking in Chinese.
Blah! 12 Mar 2019, 12:33
+2 -0
Who gives a beep? Working with the Chinese is worse than Indian [...], they will insist for rickshaw fare bill to justify the OPs.
Guest 12 Mar 2019, 18:23
+1 -0
Well done Sameer!
Vinay Kesari 13 Mar 2019, 06:16
+0 -0
I'm not sure they're the first Indian firm with a presence in China. I remember hearing that Remfry & Sagar had an office in Beijing in the late 2000s, though I'm not certain it still exists.
Vinay Kesari 13 Mar 2019, 06:18
+1 -0
These links indicate Remfry & Sagar did have a presence in China at some point:

https://www.remfry.com/gaurav-mukerjee/

https://www.clatgyan.com/the-window/interview-ashwin-julka-partner-remfry-sagar/
kianganz 13 Mar 2019, 06:27
+0 -0
Interesting, didn't realise this, thanks for sharing... From the links, not sure if it was a full-blown office or a cabin with a local best friend firm arrangement / 'presence' - does anyone remember or have details?
13 Mar 2019, 09:11
+5 -0
@Kian - what does it take to have an office?

An office space, permanent space, a WeWork shared space, at least one person at the reception?

It is not clear what has PSL established in China. I am assuming LI would have surely made enquiries before publishing.

Also, it’s surprising that, the firm states that, “Once we have a Chinese national set up there, we will [evaluate] whether we would require a licence to practice Indian law there.”

So, an office has already been set-up without evaluating whether that office will require a license? What kind of an office is that - in breach of local laws, or a non-functional office, or just a space where visiting Indian lawyers spend some time? Is that a China office then, as is generally understood when a firm claims to have an office in another country.

I am sure you would have asked these questions.

But generally, good luck to PSL. They seems to be doing great and we need some first generation legal entrepreneurs to break the dominance of the big firms. Possibly, they could learn a thing or two from the big firms about public relations and substance.
kianganz 13 Mar 2019, 09:42
+0 -0
I don't think it's an office space with reception and that kind of full set-up, but lots of law firms nowadays in India also work from shared spaces or the like. But as far as I know, I don't think there are restrictions in China on foreign lawyers having a representative office, if they don't do go to Chinese courts, etc.
13 Mar 2019, 10:35
+3 -1
Thanks. Are you planning to update this article, with additional information regarding what exactly has been set up in China?

Note that your coverage for firms opening offices in India is quite detailed and also refers to square feet, and in some cases lease rental as well.

I see your views about legal practice in China. Would you know what are the views of PSL, and are you planning to update this article, regarding this?

To be honest - what LI has published reads like a press release.
kianganz 15 Mar 2019, 08:34
+0 -0
Hi, thanks for checking - have confirmed that it's a shared office... I understand that registration as a foreign law firm is only required when billing happens from the China office but since it's currently only a rep office, where the billing and advice happens from India, no registration is required right now.
Alias 14 Mar 2019, 03:00
+0 -0
Elaine Tan (Shanghai) has been with LKS for almost 8+ years now - see the article and the note at the end .... https://www.lakshmisri.com/News-and-Publications/Publications/Articles/Tax/single-rate-for-producers-exporters-from-nme-countries-an-analysis
Insider 16 Mar 2019, 20:20
+0 -0
Link legal has a presence in China for almost 8 years... Santosh Pai has done a fabulous job of setting up the China practice with nusrat...