Canadian Lawyer

September 2009

The most widely read magazine for Canadian lawyers

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"They are a bit restrictive about foreign lawyers practising. The reality is at some point it is going to change." — SOMA CHOUDHURY, OGILVY RENAULT LLP doing business in the subcontinent. In his case, fi rst-hand knowledge may be just as important. Handa was invited to accompany the Quebec government on its last three trade missions to India from 2006 through 2007. It gave him a window into the way business works in the coun- try. He expelled fears of lack of control on corporate information by relaying a story about corporate security being far more than a swipe card. In India, it's machine- gun-toting guards who search employees entering and leaving work, cameras at work stations, and rules on what can be brought into the offi ces. More than a story about security, it relays the serious business attitude corporations have in India. Whether it is security issues or reaching a deal or understanding with a foreign entity, in India you are likely to see business people who don't take chances with half measures. Th at includes when the heads of a company are needed to close a deal and "senior management takes a personal interest. Th ey are also, and there may be a cultural relevance to this, they are roll-up- their-sleeves involved in it," Handa says of top management. "It is not a culture that is beset on ceremony where the high- est person sits in an ivory tower and you never see them. If they are needed, they'll be at the table." Natalie Ochrym, chief compliance offi cer with Sun Life Financial Inc., agrees the people who are involved in transac- tions with overseas business are oſt en the decision-makers. Th is means Canadians wishing to do business in India must also have high-level people in their negotia- tions. "My experience has been when you speak to people there, the people there are the ones who can make the decisions," says Ochrym. "If it is something that is important to them, speaking from my experience, make sure the right people are at the table to do that. In fact, it is interest- ing the people I have dealt with there are people who are on an aggressive timetable and in a way that is very liberating." Sun Life Financial has an affi liate in India and is in the process of potentially expanding its business there. Ochrym says there is great value to having contacts with Indian law fi rms that understand local business practices and the business environment. Once your company is ready to commence a business relation- ship, travelling to India to be part of the fi nal negotiations is very important. "Be prepared to sit there, not for very long, be prepared to sit there to work that out face- to-face," she says. "I'm not sure it would work long distance." How other Canadian law fi rms access the Indian market varies. Aird & Berlis LLP's strategy in emerging economies such as India is to have experts who understand the culture, business, and government. Peter Sutherland, former high commissioner to India in Delhi, was brought in to Aird & Berlis to tap into his past relationships to help drive business to the fi rm. He says references matter. In a lot of transactions involving India, the Indian principles have gone to their business colleagues looking for referrals for partners in Canada. He says Cana- dian fi rms wishing to encourage Indian business have been looking to market to companies directly in India. His goal is to entice mid-size Indian companies considering investment in Canada to engage his fi rm. Another way to access the Indian market is through international associa- tions of independent law fi rms such as Lex Mundi. Its Canadian members include 38 SEPTEMBER 2009 www. C ANADIAN Law ye rmag.com Blakes, Farris Vaughan Wills & Murphy LLP, and McInnes Cooper. In India, Ama- rchand & Mangaldas & Suresh A. Shroff & Co. is associated with Lex Mundi. Cheryl Hodder, a partner with McInnes Cooper in Halifax says having an affi liation gives her fi rm confi dence to recommend the Indian affi liate to clients. Having met the principals of the Indian fi rm through the affi liation means she has direct knowledge of who she'd be sending potential clients to. "Of course McInnes Cooper doesn't know anything about practising law in India," she says. "We would know by sending our client to an Indian representative of Lex Mundi that we are sending them to a fi rm that is considered to be one of the best fi rms in its jurisdiction." Hodder says Lex Mundi members must meet stringent requirements including the capacity to off er a wide range of business law services. Firms are also reviewed on an ongoing basis. Th e affi liation is perfect for an Atlantic Cana- dian law fi rm as India is 2,400 nautical kilometres closer to Halifax than any other North American port — a fact not lost on the Port of Halifax. In 2006, the port authority signed a memorandum of understanding with India's oldest freight-forwarding company Jeena & Co. Later, the port hired its fi rst overseas employee, Sachin Singh, to work at the freight forwarder's offi ces in India, promoting trade through the Nova Scotia capital. Although the port is a McInnes Cooper client, it did not use the fi rm's Lex Mundi connection, choosing instead to work with another Indian fi rm. Harpreet Oberoi, a partner with Jot- wani Associates in New Delhi, says his fi rm provides global legal advice around the clock to international clientele in

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