Mr. Manuj Bhardwaj is a lawyer, negotiator, strategist & policy professional who has been a part of various multi-lateral negotiations on trade, investment, climate change and foreign policy. Apart from being invited to heads of states meetings, diplomatic missions, international conferences and policy dialogues, Mr. Manuj is apprised with economic affairs and business development. Here is his interview with Desi Kaanoon-
Q. As a Policy Negotiator for the Sovereign States at International courts, tribunals, and multilateral forums. What course of action do you use when asked to negotiate a policy?
A. The negotiation environment is the most important factor that I have to examine to get into the situation to understand it in the best way and to adapt myself accordingly. A smart investigation of the same can help learn the constraints and circumstances to grab the successful chances during the negotiation. I believe that it is really important for a negotiator to learn the rules of the negotiation as they might differ from one setting to another. I am always on the lookout for the strengths, weaknesses, and threats of the negotiation environment in which I have to play. A negotiation can be easily related to a game where to be successful, the negotiator has to understand the whole situation like a player. Sometimes this game of negotiation works as an individual game but it can be a team game also.
Further, I always make myself aware of the favorable outcomes for my party/client. I would like to make a demarcation here between the negotiations where the objectives are different that is either to get the maximum part out of the negotiation after my opponent loses or to get the optimum outcome favorable for both the parties. This division is very crucial and important as the first one says that a negotiation environment is a place where the negotiator would only be able to gain when his opponent loses whereas the second one means that the negotiation environment permits to both the parties to strategize in such a way that the outcomes are optimal for both of them. The structure of the negotiation environment decides its outcome, when the parties are looking and agreed to gain mutually from a negotiation, then the chances of cooperation and appeasement are highly possible. On the other side, where the party does not look out for a mutual gain but individual, there is no collaboration seen and a tendency to achieve its objectives dominates the negotiation.
I think success in negotiations is often not about outmaneuvering the other party, although that may happen, but rather about applying diplomatic negotiating skills to finding the possibilities for consensus. Success in negotiations is closely associated with having a clear strategy – where possible points of compromise have already been considered, and detailed planning of the various phases of the negotiation.
During my training as a negotiator, I got equipped with the skills necessary for completing a successful negotiation-analytical, strategic, social, and bargaining. I have been trained to analyze complex negotiation situations and then apply the theories that I have learned to maximize favorable outcomes. With my experience, I can say that the art of negotiations is a soft skill which has to have the components of being patient and calm. Rudeness and egoism in negotiations are not accepted and are very harmful.
The opening of negotiation is stronger where I usually aim high but shoot on point and that’s the point from where a successful negotiation takes shape. I always try to be highly persuasive in a polite manner and to respect the position of the opposition. To just summarize, I would like to say that as a negotiator I use the art of putting strategies in the right place.
Q. You are the Co-Chair of The India – UK Legal Exchange Programme which is an initiative by Indian and UK law firms in partnership with regulatory and government institutions. What is the agenda of the initiative?
A. It would seem that a requirement of strengthening the business relationship between India and the UK would be to make sure that there are greater partnerships and cooperation between the lawyers of both countries. In a globalized era where international borders are being disappeared and the ease of performing business-related activities in different continents is smoother now than ever before, I support that liberalizing the Indian legal industry could be a necessary and important step.
On February 07, 2018, at House of Lords, UK Parliament Lord Jitesh Gadhia hosted the launch of the India-UK Legal Exchange Programme. The purpose of this programme is to organize an exchange of lawyers from the UK and India to provide them both with an opportunity to better understand the legal systems, law firms, policy development, and political processes of both countries.
This exchange programme provides lawyers with an opportunity for a visit to each other’s jurisdictions and to better understand the legal process, judicial decision making, policy-making as well as obtaining exclusive access to a variety of lawyers, judges, politicians, and institutions which are working to uphold the rule of law. The exchange programme offers delegates ample opportunities to network with their counterparts from the host nation with the aim that rapport building and understanding at this stage will lead to greater collaboration in the future. The launch of the exchange programme also welcomed the first delegation from India who attended 42 meetings in a week with senior lawyers, judges, and politicians across the country.
This is an exciting initiative which, besides providing interesting cross-cultural insights, also offers opportunities for national and international development. I have strongly advocated for the liberalization of the Indian legal industry during the launch of this exchange programme. If India has to compete with giants like China and has to be the place where global corporations companies look to increase their businesses, an opportunity should be equally be provided to global legal advisors of companies beyond the special economic zones that currently exist. A closed-door policy to international lawyers, including British-qualified lawyers, could lock out talent and hinder the ability to create closer relationships between the lawyers of both countries.
You can know more about the programme here:
Pictures: https://goo.gl/c8N1pf
Speeches: Lord Gadhia (Member of Parliament, House of Lords): https://goo.gl/UxBt9b
Virendra Sharma (Member of Parliament, House of Commons): https://goo.gl/n6xAb5
Indian High Commission (UK) Representative: https://goo.gl/TBdhv6
Manuj Bhardwaj: https://goo.gl/y6srtN
Newspapers: New Asian Post: https://goo.gl/qnd3ej
Asian Lite International: https://goo.gl/ZVBdAR
Wiseman Lee LLP: https://goo.gl/PQoS4T
The Law Society of England & Wales: https://goo.gl/dhoawA
Q. How was the road to becoming an award-winning social justice activist?
A. There was no plan as such to become a social-justice activist. I started working under Nobel Peace Prize Laureate Shri Kailash Satyarthi’s NGO Bachpan Bachao Andolan (BBA) for more than a year in 2012 where I was a part of many various raids conducted in different parts of Delhi to rescue child laborers working in hazardous conditions. These raids were precarious as there is always a danger to life that is looming. I, along with the BBA officials, had also met over 60 Parliamentarians and made a representation to all Members of Parliament including the then Prime Minister of India as well as the Leader of the Opposition to develop a political consensus against trafficking and call upon them to seek their support for the inclusion of trafficking in the Criminal Law Amendment Bill, 2013. Till now I have been a part of Kailash Ji’s Save the Childhood movement & Global March against Child Labour and find myself fortunate enough whenever I contribute to the noble cause.
In my hometown Agra, I used to teach underprivileged children and help them in receiving basic/primary level education so that they can at least find some good jobs for their livelihood. Till now, I have taught more than 2,500 underprivileged children for which I was fortunate enough to have been conferred the Youth Icon of India in 2016.
In recent years, I have turned my attention to the pressing issue of climate change or rather climate emergency as it affects the entire globe. Unfortunately in India, there is not enough attention to the law (as well as policy) relating to climate change and I want to undertake that inquiry. I have become intrigued by the adoption of Sustainable Development Goals (SDGs) in September 2015 followed by the adoption of the Paris Agreement in December 2015 and their possible effect on the international environmental law and climate change regime. In 2016, I designed a session on SDGs in an international conference which was very much focused on the commercial and corporate side of the law. For practicing lawyers at the time, the SDGs appeared to be an archaic and remote topic. They raised questions along the lines of: “Does this matter and how do the SDGs affect us?” My session was the first ever session in India for legal professionals to learn about SDGs. The conference was divided into two parts- the first was “The rule of the Law and the 2030 Agenda for Sustainable Development” and second was the “Role of International Legal Community in the Achievement of SDGs”. Through the conference, I especially wanted to impart knowledge on SDG no. 13 on Climate Action.
As I understand it, sustainability focuses on intergenerational equity or the idea of justice between generations. As we consume what’s around us, we have to be careful to ensure that future generations also have use what we are using or enjoying. As a believer of sustainable development and the rule of law, I entered a master’s degree program that allowed me to study the issue of climate change from both from a legal and policy perspective. My master thesis was also focused on the climate justice issue. I am indeed proud that it ended up being published by the World Bank Group. This has given me the confidence to pursue further in-depth writing and activism on climate change and the status of international environmental laws and the obligations of nations.
Q. Your LLP-BSM Legal Advisors is working in the arena of Climate Governance, Energy, and International Trade. What do you think is its scope in India and how can law graduates build a career in it?
A. The firm, apart from India, has international operations in The Hague, Poland, and London and we are planning to start our operations in Washington DC soon. The areas we work in are very much of the regulatory nature. Developed countries have demand for services that we provide but I must say that Indian businesses also have an interest in these areas. Energy and International Trade are the areas where the Government pays great focus to and we believe that in the coming years we will see the need for young lawyers who can advise on these subjects. Law graduates primarily need to study these topics and after they complete their education, they should understand its intricacies through practical exposure. They can ask to be mentored in these areas to acquire the necessary skills which can help them find a good job.
Q. You are also working as an Adjunct Faculty at various law schools in different countries. How do the projects allotted by you benefit their education beyond classwork and one-on-one learning?
A. I enjoy being a teacher, but not the one who enjoys the theory very much. I give the students practical insights. I usually get them involved in my projects by asking them to research or to create a policy memo or a negotiating strategy. Usually, I teach international trade, international climate change law, and negotiations. These are all very practical subjects and while students get engaged in the real stuff, it makes them more intrigued about the subject. Getting to know the actual and practical stuff is as important as a lecture or an assignment.
Q. Describe your role as the Executive Secretary at the Indian National Association of Legal Professionals (INALP).
A. Indian National Association of Legal Professionals (INALP) भारतीयराष्ट्रीयविधिकवृत्तिकसंस्थाis a non-regulatory, non-political, not-for-profit, independent and a membership-driven legal industry organization. INALP aims to represent the legal professionals of India on the global platform while promoting the rule of law and serving society. INALP aims to focus & deliberate on issues that are of global importance and more practical, shaping the course of development & economics. INALP also envisages providing solid policy recommendations to various governments, inter-governmental organisations and multi-lateral institutions on various issues through discourses & interventions with its global affiliates.
My role is to see whether things are in place and whether we are right on our track in terms of capacitating the legal and policy professionals of the country. I find myself lucky with a team of minds that can conceptualize great ideas and come up with effective policy recommendations, research, and educational programs. I make sure that we partner with top national and international organizations to provide our members withample opportunities to enhance their career or network.