Dr. R J R Kashibhotle

Presently working as Deputy Legal Adviser in the Ministry of Law & Justice, D/o Legal Affairs, Government of India, New Delhi. While serving in the Department of Legal Affairs Participated in the BIPA/BIT (Bilateral Investment Promotion and Protection Agreement) negotiations with several Countries like Seychelles, Saudi Arabia, Guyana, Canada, Greece, USA, Lithuania , Cuba and Iran and Check republic, etc. Participated in negotiations regarding Mutual Law Assistance Treaty in Civil and Commercial matters between India and Ukraine and Free Trade Agreement/Comprehensive Economic Cooperation Agreement negotiations with Australia, Japan and European Union.

Nominated as an Inter Governmental Expert to Review of the Status of implementation of the provisions of United Nations Convention Against Corruption (UNCAC). As a peer review committee member reviewed implementation of UNCAC by South Korea. Participated in India-USA contact group Meeting held at Vienna and London during the year 2014 for finalization of the agreements to set up nuclear power plants in India by US Companies. Attended 6th Member States Conference at Austria, Vienna to review the implementation of UNCAC in the month of June, 2015. Participated in the3rd G20 ACWG meeting held in Paris form 15-17 October, 2015. Attended UNCAC Members state conference regarding Implementation of UNCAC held at St. Petersburg during 2-4 November, 2015. Member of RCEP WGI group and participated several rounds of negotiations.

As a Legal Adviser to Government of India tendered advices on various important legal, constitutional, Taxation (including GST) and international issues. Also involved in the process of making of IBC and the subsequent amendments.

Assistance in the following Investment Treaty Arbitration cases:
• Arbitration dispute raised by M/s NISSAN Motor Co. Limited (NML) pursuant to Article 96 of the India Japan Comprehensive Economic Partnership Agreement (CEPA).

• Dispute raised by Vodafone by invoking the provisions of India-UK Bilateral Investment Promotion Production Agreement.

• International Arbitration case filed on behalf of M/s Cairn Energy PLC and Cairn UK Holdings Limited (Claimants) against the Republic of India (GoI) by invoking the provisions of Article 9 of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India for the Promotion of Investments (entered into force on 6 January 1995) (the “UK-India Investment Treaty”)

• In the case of notice of Arbitration and Statement of Claim of issued on behalf of KOWEPO dated 15.10.2018 issued pursuant to Article 10.21 of Chapter X of the Comprehensive Economic Partnership Agreement (CEPA) between Government of India and the Government of the Republic of Korea and in accordance Article 8 of the Agreement Between the Government of India and the Government of the Republic of Korea on the promotion and protection of Investments dated 26th February, 1996.

Before joining Law Ministry practiced as an Advocate before the District Courts in and around Kakinada and also as an attorney for Patents and Trade-Marks. Also served as Asst. Professor at W.B. National Law University of Juridical Sciences. As a Law Teacher, Advocate and as a Legal Adviser to Government of India so far put up more than 25 years of experience in the field of law. His articles on diversified legal issues are published on various legal Journals.

PRESENT POSITION:
Since January, 2011 working as Deputy Legal Adviser in the Ministry of Law & Justice, D/o Legal Affairs, Government of India, New Delhi. My nature of duties inter-alia are:
• To tender legal advice (oral and in writing) on various matters including those relating to application and interpretation of various statutes being administered by various Ministries;
• To tender legal advice on litigation matters relating to various Courts and Tribunals including the Supreme Court, High Courts, Administrative Tribunals and Labor Courts;
• To participate in the meetings including bilateral negotiations convened by the various Ministries for consideration of various issues of legal nature as and when required;
• To examine various national and international agreements/conventions on various policy matters;
• To examine various Loan Agreements between Government of India (as a Borrower) and various International Institutions like World Bank, kfw; ADB, JBIC, etc. for various projects in India;
• To examine Cabinet Notes from legal, constitutional and drafting angles containing proposals to amend the existing laws or to make new legislations or to make legislation to give effect to any of the decisions taken by the Government of India at a international flat-form or on the basis of an international agreement/convention, etc.;
• To perform any other duty as may be assigned from time to time.

INTERNATIONAL EXPERIENCE:
• While serving in the Department of Legal Affairs (i) Participated in the BIPA (Bilateral Investment Promotion and Protection Agreement) negotiations with several Countries like Seychelles, Saudi Arabia, Guyana, Canada, Greece, USA, Lithuania , Cuba and Iran and Check republic, etc.

• Participated in negotiations regarding Mutual Law Assistance Treaty in Civil and Commercial matters between India and Ukraine.
• Participated in Free Trade Agreement/Comprehensive Economic Cooperation Agreement negotiations with Australia, Japan and European Union.
• Pursuant to DOPT OM dated 10th July, 2012 vide OM dated 16.6.2012 nominated as an Inter Governmental Expert to Review of the Status of implementation of the provisions of United Nations Convention Against Corruption (UNCAC)
• As a peer review committee member reviewed implementation of UNCAC by South Korea after an interaction with the concerned Officials during country visit in March 2013.
• Participated in India-USA contact group Meeting held at Vienna and London during the year 2014 for finalization of the agreements to set up nuclear power plants in India by US Companies.
• Attended 6th Member States Conference at Austria, Vienna to review the implementation of UNCAC in the month of June, 2015.
• Participated in the3rd G20 ACWG meeting held in Paris form 15-17 October, 2015.
• Attended UNCAC Members state conference regarding Implementation of UNCAC held at St. Petersburg during 2-4 November, 2015
• Member of RCEP WGI group and participated several rounds of negotiations.

Previous Experience:
• Enrolled as an Advocate in the rolls of A.P. Bar Council Vide Enrollment No. 476/1990 Practiced before civil, criminal and labor courts at Kakinada, E.G.DT. A.P. for three years
• Also worked as an attorney for Trademarks and Copy Rights
• Worked as a lecturer in Law in Margadarshi College of Law, Karimnagar A.P. from 27/1/1993 to 4/7/1996
• Worked as Principal, Justice kumarayya College of Law, Karimnagar, A.P. from 3/8/1996 to 5/8/1997
• Worked as a Lecturer in Law in Rajiv Gandhi Institute of Law, Kakinada, A.P. from 2/9/1997 to 4/2/2000
• Attached with National University of Juridical Sciences, Kolkata from 14/2/200 to 12/9/2001 as a Lecturer in Law
• Worked as Assistant Law Officer, in Law Commission of India, Ministry of Law & Justice, D/o Legal Affairs, Govt. Of India from 13/9/2001 to 16/7/200
• From 17th July, 2002 to 13th January, 2011 worked as Asst. Govt. Counsel/Asst. Legal Adviser, in the Ministry of Law & Justice, D/o Legal Affairs, Government of India, New Delhi.

Publications:
• Several articles on diversified subjects were published in various Indian Law Journals like Andhra Law Times, Andhra Legal Decisions, All India Reporter, Supreme Court Cases, Labor and Industrial Cases, Criminal Law Journal, Madras Law Journal, Environmental Law Journal of National Law School of India University and Corporate Law Cases.
• Also prepared syllabus and compiled study material for LL.B course for the subjects like Law of Torts, Contracts I&II along with other teachers which was published by the University as study material.

Thesis Submitted:
(1.) ‘Domestic Enquiry’ –A Case study with reference to Vijaya Spinning Mills, Ganguru, A.P. - Thesis submitted for award of PG diploma in Industrial Relations and Personnel Management.
(2.) ‘Strikes and Collective Bargaining’-Thesis submitted to Bangalore University for award of LL.M
(3.) ‘Legal Analysis of Biodiversity and Ecological Order in India’-Thesis to be submitted for award of Ph.D.

Extra Curricular Activities:
Participated in several extra-curricular activities like Essay Writing, Debates, Elocution, One Act Play, Sports and Games, Mock Parliament at School and College level and won prizes.
Participated in several seminars workshops and presented papers

Training Programmes:
1). Refresher Course–a training programme on teaching Environmental Law in the Universities held between 20/2/2000 and 11/3/2000 at National Law School of India University, Bangalore.
(2). Attended a training programme on Office Tool at Globsyn Technologies, Kolkata in the month of July, 2000.
(3). Attended the three days training programme on “WTO National Seminar on the Trade Agreement on Trade in Services (GATS) and Trade Negotiations” during 27-29 May, 2009 at Indian Institute of Foreign Trade, New Delhi organized by World Trade Organization and Centre for WTO Studies.
(4). As a representative of Ministry of Law & Justice participated in the WIPO Asia-Pacific Regional Workshop on Effective Enforcement of Intellectual Property Rights (IPRs); Strengthening of Border Measures held during 8-10 September,2008 in Bangkok, Thailand.
(5). Completed Course on ‘Promotion of Effective Intellectual Property Protection’ Conducted by IP academy, Singapore and Japan International Cooperation Agency.