🎙️ FICL's "Next Gen Legal- In-House Insights" with Priti Yadav, Senior Manager (Law), GAIL India Ltd

With over a decade of experience as an In-House Legal Counsel, I am currently working as Senior Manager (Law) with GAIL (India) Ltd and I have been solely handling the legal issues pertaining to GAIL South Zone from 2019 onwards Karnataka, Chennai, Kerala, Kolhapur, Goa) and also legal issues pertaining to GAIL Mangalore Petrochemicals Ltd (GMPL), a newly acquired wholly owned subsidiary of GAIL at Mangalore.

My scope of work is extremely varied and involves myriad legal issues with primary focus on assisting all Internal Stakeholders at GAIL South Zone (Project, Marketing, HR, Operations & Maintenance Group). From handling Hi- Stake litigations, Arbitrations, vetting complex commercial contracts, providing legal opinions/advices on gas supply and transmission contracts, tenders pertaining to Project, Construction and O&M activities, and liasioning with Govt/State Authorities etc, for day to day operations, the idea is to minimize potential legal risks, reduce quantum of litigation and expenditure involved and take strategic legal decisions to resolve disputes/issues in the first place.

In 2023, I got additional charge of handling all legal issues pertaining to GMPL, PTA Plant at Mangalore which gave me a completely new legal arena to operate on, with issues bordering on revival of the plant, past claims under IBC, contract negotiations, IPR, licensing, Confidentiality agreements etc. I also have hands on experience in handling legal issues pertaining to the Wind Energy Project of GAIL in Karnataka.

Post graduating from CLC, Faculty of Law, Delhi University in 2013, with several awards as “Outstanding Speaker” in various National Moot Court Competitions, I was one of the three law students who got recruited as “Senior Officer Law” from Campus by State Trading Corporation of India Ltd (CPSE engaged in International Trade) in 2013.

I had excellent communication skills, thorough understanding of law, great drafting and legal vetting skills and acute sincerity to learn which enabled me to carve a niche and contribute immensely in Hi Stake recovery Matters of STC. So right from Law College, I found myself briefing AG/ASG/SG/Senior Advocates on a routine basis which not only build my confidence early on in my career but also established my potential as an In- House Legal Counsel. I worked at STC from 2013 to 2016 and got a good grip on handling litigations, Arbitrations, vetting commercial contracts, understanding the working modalities of a PSU, coordinating with Cross Functional Groups, devising legal strategies and also reporting to Ministry/Management.

In 2016, I got this incredible opportunity to join GAIL, a Maharatna Company, leading player in Oil and Gas Sector in India, as “Senior Officer Law” at Corporate Law Department, New Delhi. I started my journey at GAIL under the mentorship and guidance of then ED(Law & HR), Shri S.B Mitra Sir who bestowed his confidence upon me and gave me multiple opportunities to hone my skills as a legal professional. Handling Hi Stake Arbitration matters, organizing knowledge sharing sessions for internal stakeholders, devising legal strategies for expediting legal proceedings. Under his leadership I played a key role in amending the Litigation Policy for GAIL and amending the Dispute Resolution Clause for all commercial contracts of GAIL after several rounds of internal discussions/deliberations. Seeing my potential and the ability to take on challenging tasks, I was the youngest Law Officer to be given the charge of entire South Zone. Thus, I am sincerely thankful to GAIL for providing me with constantly challenging roles and responsibilities that forced me to adapt, evolve, learn and grow as an In-House legal professional.

Till date, the only driving force that I reckon with is channelizing my passion for law in bringing about significant results for GAIL. My journey at GAIL has been extremely fulfilling and I cherish it to the core with new infused energy to take on new critical legal issues/assignments.

During my tenure at GAIL, many Hi Stake Arbitrations that were handled by me, were decided in favour of GAIL. I played an instrumental role in amending the Litigation Policy of GAIL and also drafting and amending the Dispute Resolution Clause for all commercial contracts of GAIL. I also made sincere efforts to reduce litigation costs/Arbitrator’s fees by citing judicial precedents providing clarity on the method of calculation of Arbitral Tribunal’s Fees under Arbitration Act. I also played an instrumental role in getting favourable judgement in a critical HR/ policy related matter which was challenged before Telangana High Court pertaining to Disciplinary Proceedings initiated by GAIL under POSH Act 2013. One of the most critical land issues at Bangalore which was pending before Karnataka High Court for over a decade was decided in favour of GAIL on the basis of sincere efforts/legal strategies devised by the undersigned during COVID wherein VC hearings were scheduled on a daily basis by highlighting the urgency involved in the matter. Further I also played a key role in handling the litigation/legal issues involved in the acquisition of JBF Petrochemicals Ltd by GAIL in accordance with IBC 2016 and contract negotiations with foreign parties for revival of PTA Plant at Mangalore. I also took necessary initiatives to resolve long pending ROU issues under PMP Act 1962 thereby reducing contingent liability of the company significantly.

The basic idea is to identify External Counsels who are willing to understand our niche business operations along with applicable laws and are able to utilize that understanding in handling legal issues and delivering favourable results. There is a process in place for empanelment of Advocates with GAIL. However, pertaining to South Zone, in consultation with Corporate Law Department, I took a strategic decision to engage Counsels who have been empanelled by other Oil and Gas PSU’s or were engaged by other PSU’s for handling litigations relating to land etc. in the State. The key qualities that are extremely important for assessing external legal counsel is a sense of belongingness for the Company one is representing before the Court, good drafting and research skills that play a crucial role in litigations before lower courts and the most important of all, is the ability to dive into the facts of the case in tune with the applicable laws to present a wholistic view to the bench. It would not be out of place to mention that Advocates/Law Firms who are prompt in rendering professional services and are able to handle critical issues/cases with the required urgency involved are preferred.

Prelitigation strategies play an extremely crucial role in todays time with  mounting legal expenditure and the strain that litigation poses on future  business relations. Thus, as an In-house Counsel one has to balance legal interest  with GAIL’s business interest.  

For all Contracts, we usually provide for a three tier Dispute Resolution  Mechanism, the first step is Mediation which we also call as “Samadhaan” for all  project related matters for settlement of disputes between the parties by the  “Samadhaan Committee” specifically constituted under the Contract for the said  purpose for amicable resolution of disputes between the parties.  

Upon failure of mediation, the parties can resort to Conciliation as a second step and also a pre-requisite for resolution of contractual disputes/issues etc. before  resorting to Arbitration for which GAIL has formulated its GAIL (India) Ltd  Conciliation Rules 2010. (Hosted on GAIL’s website) wherein Conciliators are  appointed and the conciliation proceedings are conducted at Delhi with the representatives of both parties to arrive at a possible settlement beneficial to both parties. The last resort for resolution of disputes upon failure of conciliation  is Arbitration. Thus, GAIL’s dispute resolution clause provides the scope and  opportunity to parties to settle their disputes amicably before resorting to Arbitration straight off. 

We cannot ignore that AI has carved its way in all domains and has simplified  various manual tasks thereby reducing cost, saving time and improving  efficiency. We already see the potential uses of AI in various legal fields like AI  powered legal research tools to access legal databases, AI Legal Assistant for  drafting, summarizing and giving answers to legal queries etc. We are still in the  phase of exploring and are yet to implement such tools in our day to day legal  works. 

I firmly believe that each legal professional has a unique journey filled with  obstacles and roadblocks but if you are passionate, sincere and have the ability  to evolve and adapt, you can carve your own path suitable to your skill and potential and achieve your goals. 

Looking back at my career span of over a decade as an In House Legal  Professional, I honestly cherish the journey as it was, since it involved its own  challenges/hurdles/struggles, but it made me stronger to fight and to create a  space for myself. I remember as a law student, how much of a hard work it was  preparing for National Moots, bagging internship opportunities, getting placement from college with numerous prospective applicants, then preparing  and cracking the interview at prestigious organizations like STC and GAIL, acquiring specific business domain knowledge on the job and handling critical  legal issues, arbitrations, policy/regulatory matters straight off.  In short, it’s a journey involving constant study, keeping abreast with changing  legal scenario and relevant judicial precedents and evolving with time to become  a domain expert. I owe everything that I have achieved till date, to the fire within  me to prove my mettle and to bring about favourable results for GAIL. Honestly  I have always put my best foot forward at all junctures in life, so in short when  you give your 100 per cent, you have zero regrets and zero doubts.