cv-s.ramaswamy- august 2016

12
S. Ramaswamy Email : [email protected] Mobile: +91-9810103183 or +91-9810702483. http://www.medhaadvisors.com/ Linkedin: https://in.linkedin.com/in/s-ramaswamy-76a9009 Founder of Medhaadvisors, a Business Consultancy and Advisory Firm. Result oriented legal professional and effective business enabler with over 30 years of professional experience Proven ability in Board & Senior Management Business Strategy & Advisory, legal, Intellectual Property, corporate governance, compliance, Internal audit and secretarial domain Career Highlights and Key Achievements Key achievements at an international level Structured and effected a negotiated settlement in a major International ICC Arbitration Award at the Courts in Poland and India. (Arbitration award was approx. Rs. 60 crores. (USD 9 million). Opposite Party was a South Korean Conglomerate. As

Upload: subramaniam-ramaswamy

Post on 13-Jan-2017

26 views

Category:

Documents


1 download

TRANSCRIPT

Page 1: CV-S.Ramaswamy- AUGUST 2016

S. Ramaswamy

Email : [email protected] Mobile: +91-9810103183 or +91-9810702483.

http://www.medhaadvisors.com/

Linkedin: https://in.linkedin.com/in/s-ramaswamy-76a9009

Founder of Medhaadvisors, a Business Consultancy and Advisory Firm.

Result oriented legal professional and effective business enabler with over 30 years of professional experience

Proven ability in Board & Senior Management Business Strategy & Advisory, legal, Intellectual Property, corporate governance,

compliance, Internal audit and secretarial domain

Career Highlights and Key AchievementsKey achievements at an international level

Structured and effected a negotiated settlement in a major International ICC Arbitration Award at the Courts in Poland and India. (Arbitration award was approx. Rs. 60 crores. (USD 9 million). Opposite Party was a South Korean Conglomerate. As a result of this settlement the Polish Subsidiary was saved from changing hands.

Handled matter pertaining to product liability filed before Circuit court Alabama, USA and cleared the decks for a negotiated settlement.

Page 2: CV-S.Ramaswamy- AUGUST 2016

Set up the first Security Council for JCB in India primarily for developing a robust IPR management, Brands, Data protection, Cyber security, safeguards for Intellectual Property, Anti- Bribery Laws etc.

Created World Wide applicable Templates for Joint Ventures, Technical Collaboration, Contract Management, Turnkey Projects etc.

Succeeded in Procuring Injunctions against Chinese MNC’s / Indian Companies violating Intellectual Property from Delhi High Court.

Led the Forensic matter relating to theft of Intellectual Property including prosecution and finally negotiated settlement with 2 companies.

Implemented the Global Corporate Governance Module & initiatives including Compliance Programmes together with Peer Review Audits across Honda Companies in India which have also been replicated in other branches of Honda across the globe.

Knowledgeable of international laws and travelled to various countries for professional work including US, UK, Poland, Turkey, UAE, Singapore & Malaysia

Key recent achievements on thought leadership

Course on Independent Director completed in June 2016 run by Institute of Directors, India. Round Table Discussion at Parliament House annexe on April 29, 2016 on “Legislative Gaps

in Cyber Era- Harmonizing Indian Law With The international Legal Regime”.o https://www.youtube.com/watch?v=N1k58w_Mf9s&feature=youtu.be o https://www.facebook.com/Indian-National-Bar-Association-462654183764284/?

pnref=story INBA round-table discussion on “How to promote Arbitration and Mediation in India” on

11th February, 2016 at the Parliament House, Committee Room- A Released a Background paper Titled “How to Promote India as an Arbitration Hub” to be

presented by INBA to Govt of India on April 29th, 2016 at Parliament House Annexe.o Part1: https://youtu.be/oXKuEPSOtxk?t=268; Part2: https://youtu.be/hP5Kvcj-p-M;

Part3: https://youtu.be/YUE0tecaXQo?t=24 Seminars : Prolific Speaker at both International & National events:

o Panel Discussion on “Make In India Initiatives” at the UK Parliament , Committee Room on invite of MP from UK Mr. Virender Sharma at London on June 13th, 2016.

o Panel Discussion on “Make In India Initiatives” at the US India Business Council (USIBC) Meet at Washington on June 16th, 2015.

o Part of delegation which comprised Sr. Advocate Shri Ram Jethmalani, India’s Leading Advocate for interaction with American Bar Association at Washington on “opening up of Legal Services In India” on June 16th, 2015 .

o Panel Discussion on US & India IP initiatives at New York on 18th June, 2015.o Led the Coordination for a closed door meeting in New Delhi on September 15, 2015

On behalf of Mr Alexis Mourre, President of the ICC International Court of Arbitration, with the top Arbitrators from India which Included names like Justice (Retd) B.N. Srikrishna, Fali Nariman, Ciccu Mukhopadhyaya, Gourab Banerji, Amarjit Singh Chandiok, Hiroo Advani etc.

o Moderated the Panel Discussion: “Mediation – Critical Tool to Resolve Corporate Disputes” at the Mediation: How Businesses in Asia Can Benefit from Recent

Page 3: CV-S.Ramaswamy- AUGUST 2016

Developments at Bangalore on September 10th, 2015 which had amongst Panel Mr Edwin Glasgow CBE QC, Chairman SIMC

o New Age Risks and Compliance thereof at Litigation Asia Summit 2013 – May 2013 Kuala lumpur, Malaysia;

o Links: to my video presentation and interview at the Litigation Asia Summit 2012: http://vimeo.com/marcusevans/review/44439030/bd54f50d57: https://vimeo.com/marcusevans/review/44438874/2277d8d837

o Speaker at various other forums like Legal Era, ICC, PHD, Lex Witness, Marcus Evans, LCIA, SIAC, SIMC Conferences, Institute of Company Secretaries of India, Rajya Sabha TV etc.

Professional Dossier: Key Corporate Roles in past few Co’s. Executive Vice – President, Group General Counsel with Escorts Ltd one of India’s Pioneer Engineering & Manufacturing Indian Conglomerate Company from 4th Oct 2013 to 31st

May 2015.

Key achievements:

Stay order from the Hon’ble Supreme Court of India against order passed by Competition Commission of India directing to deposit Rs. 55 Crores (USD 8 million) in a cartelization matter. Matter was finally decided in December 2015 in favour of Escorts. All our arguments found merit with COMPAT.

Successful in approach of keeping in abeyance Demand of Rs. 370 Crores (USD 57 million) raised by Central Excise authority, without any Pre-Deposit.

Effective litigation management through settlement of more than 1000 cases in the Last 1.5 year.

Policies/SOP rolled out for group. Notable amongst them were a) IPR policy for the group to safeguard its Intellectual property, b)Litigation Management, c)Sexual Harassment, d)Competition Act ,e) Dealer Development & Management, f) IT, Data Loss Prevention etc.

Conducted periodic and well response training programs on various Topics. Mediation concluded before Delhi High Court Mediation Centre in May 2015 on a Rent

Control matter which was under litigation for more than 20 years. Vice President –General Counsel & Company Secretary with JCB India Limited, India’s Largest Construction Equipment Manufacturer organisation, a Subsidiary of the World Famous J.C. Bamford Excavators Limited UK with presence in more than 150 countries (from Ist November 2007 to 30th September 2013)

Key achievements:

Awarded the Team Player by JCB for leading the Legal & commercial Team in successful conclusion of purchase of 70 acres Land in Rajasthan, Jaipur with ROFR for 44 Acres.

Merger of two corporate entities involving 2 different Courts at Bombay & Delhi respectively.

Page 4: CV-S.Ramaswamy- AUGUST 2016

Imparting Training to all JCB India Dealers & Company Staff on “How To Mitigate Litigation”, IP Wealth Management,Anti – Counterfeit initiatives,Anti- Bribery Laws , Advocacy in Competition Law,etc.

Brand Protection & awareness through sustained counterfeit campaigns. Filing of the first set of patents for the company. Helped built a repository of around 1000 IP

filings for JCB in India. JCB India thus was the Largest IP portfolio holder in the entire JCB Group.

Board Member of JCB India and its Subsidiaries for about 5 years.General Manager-Head- Legal & Company Secretary with Agro Tech Foods Limited, a FMCG company with majority stake by Conagra Foods INC. USA (from Ist December 2006 to 31St October, 2007)

Key achievements:

Various Criminal complaints initiated against the Director’s personally relating to Contractual matters & under the Food Act were successfully dismissed/defended before the various Courts, Police.

Acted as Witness and Cross Examined also as GC in an Arbitration ordered by A.P High Court.First General Counsel & AGM- Company Secretary and Head- Legal, Corporate Affairs and Internal Audit with Honda Siel Cars India Ltd. a 100% wholly owned subsidiary of HONDA MOTOR CO. LTD Japan a Fortune 500 Company(from15th July, 1996 to 30th November, 2006)

Key achievements:

Set up Systems and framed various types of Agreements, Standard Operating procedures, documents, Policies, Circulars on Purchase, Marketing, Legal, Corporate Governance, Risk Assessment, R & D Product Planning, Finance etc.

Implemented the first of its kind training module to all Honda Dealers & Company Staff on “How to Prevent Litigation”.

Set up & implemented the Internal Audit Team for the Company including Manuals, Formats of Reports, Identification of External Auditors etc. to facilitate conducting the yearly internal audits.

Favourable arbitration award of Rs. 1.22 Crores (USD 190253) upon Termination of Dealer before a 3 member bench at Hyderabad. Acted as Witness and was GC for Company.

Favourable order from the Settlement Commission, Principal Bench, Delhi on Customs valuation matter worth Rs. 26 crores (USD 4054554.40) with no other additional liability and immunity from prosecution upon Directors.

Apart from above, instrumental in helping set up 2 Breweries for Inertia Industries including bringing out their maiden Public Issue in 1994.

Academic Qualification Schooling - Manav Sthali Public School, New Delhi- 1980; Topped All India (CBSE

Examination) in Accountancy,- 99 out of 100 for the year 1980.

Page 5: CV-S.Ramaswamy- AUGUST 2016

College- Shri Ram College of Commerce, Delhi University – 1983 B.Com (Hons.); Law Graduate from Law Faculty, Delhi University – 1986; LL.B ICSI-Company Secretary in the year 1989 and now a fellowship Member; PGDBA- Annamalai University 1989

(S.RAMASWAMY)

Annexure to CV- S.Ramaswamy

Professional Development & Thought Leadership endeavours

Prolific writer on professional matters; contributed to myriad articles – list of articles illustrated below.

Sought after trainer. Have conducted multiple professional training sessions catering to audience at various levels - Illustrative list of trainings conducted listed below.

Hold various copyrights for training material and publications.

Routinely selected as Jury for prestigious programs/awards including:

o Asia law IP Awards Hong Kong for 2005,o Legal Era Awards 2014o Indian National Bar Association Legal Awards 2015

Led the First CII–AOTS sponsored training on intellectual property in Japan during during 15-1-2001 to 26-1-2001.

Was part of the Indian National Bar Association delegation to Promote Indo US/ UK trade ties in June 2015/ June 2016 on invite of USIBC/ UK Parliament to Washington,New York & London

Overview of Some Seminars Conducted/ Participated on Varied Topics

Moderator for Liberalisation of Legal Services in India, 5th July, 2016, New Delhi. Participation in Round table discussion at O P Jindal Global University & Straus Institute for

Dispute Resolution, Pepperdine University, School of Law, USA on “ Dispute resolution in the globalised world- Contemporary Issues & Challenges “on May23, 2016

Moderated the Round Table Conference at Parliament House Annexe on: Legislative Gaps in the Cyber Era- Harmonising Indian Law with International Legal Regime on April, 29, 2016.

Conducted First ever Master Class at New Delhi and Mumbai on Topics "Commercial Court Act , Bilateral Investment Treaty & Recent Ordinance on Arbitration & Conciliation Act with theme of Make in India" on 7th & 8th April, 2016 & 18th & 19th February,2016.

Page 6: CV-S.Ramaswamy- AUGUST 2016

Moderated the Session on Regulatory Environment V/s Ease of Doing Business in India at the ‘Make in India - Driving Towards Sustainable Growth’ Conference, on March 11th - 12 th, 2016 in Mumbai,India.

Judged the semi final round at SGT University on March 6, 2016 on “India’s First Paperless Environment Law Moot Court Competition” of Students from various Law Schools.

Moderated the Round Table Conference at Parliament House Annexe on: How to Promote Arbitration & Mediation in India on February, 11, 2016.

Organised under Indian National Bar Association, Seminar on International Privacy and Data Protection at Sharda University Greater Noida, on January,28, 2016.

Moderated the National Law Day for Indian National Bar Association on November, 26, 2015 at New Delhi.

Speaker at CSR Mela- Beyond the Bill by Indian Chamber of Commerce on October, 10th

2015 at New Delhi.

Moderated the First evening dialogue with the President of ICC International Court of Arbitration, Paris, Mr. Alexis Mourre on 16th September, 2015 at New Delhi

Moderated the First Singapore International Mediation Centre Open house at Banglore on September, 10, 2015 featuring Mr. Edwin Glasgow Chairman SIMC on “Mediation as a tool for Alternate Dispute Resolution”.

Organised and moderated the “6th National Legal Summit,2015” for Indian Chamber of Commerce on September 8, 2015 at New Delhi.

Moderated the Grandmaster Series 2015 for Lex Witness at New Delhi

Corporate Compliance in the New Dynamics.3rd Corporate Law Officers Summit 2014. Venue. Hotel Le Meridien, New Delhi. 11th - 12th March, 2014

Threading the Needle in U.S. India Deals” – February 14, 2014, New Delhi. Women, State and Society in Emerging India: Law and Practice, November 15, 2013, Sharda

University Gr. Noida. LegalEra International Arbitration Law Summit 2013. Theme: The Big Debate- Litigation V/S

Arbitration. Taj Mansingh , New Delhi, 6th November, 2013. Corporate Compliance in the New Dynamics, Hotel Royal Plaza, 1st May, 2013. Anti-Bribery and Corruption Seminar, The Metropolitan Hotel, Delhi, 27th September, 2012 Conquering Courtroom Culture Shock : Gauging the impact of Diverse Customs for success

across Asian Jurisdictions Litigation Asia Summit 2012, Marina Bay Sands, Singapore, 20 - 22 May 2012.

Seminar on Intellectual Property Rights, Venue: CCS University, Meerut, May 7 2011. “Intellectual Property Rights: Tool of Wealth Creation” CASUARINA, Habitat World

India Habitat Center, Lodhi Road, New Delhi , 3rd September, 2010, Cyber Crime & Cyber Law , Saturday, 5th July 2008 , India Habitat Centre,

Lodhi Road, New Delhi

Illustrative list of articles published:

Page 7: CV-S.Ramaswamy- AUGUST 2016

Article on How to Make India an Arbitration Hub on INBA Viewpoint in Feb ,2016

Article on Litigation management in Witness Magazine in Feb 2015

Legal as shaping the future of commerce – January 2015, Legal Era

Cover Story on IP by In House Counsels-India Business Law Journal- November 2014; Compliance- Defining Corporate Culture- Legal Era – June 2014; Article on Espionage – Its Avatar as a New Age Risk? India Risk Survey, 2013. Looking In- House for IP insights- India Business Law Journal- June 2013; Compelling Voluntariness: Analysing Pitfalls of Mandatory Provisions of CSR in Co’s Bill - Lex

Witness - May 2013; Survival of the Fittest- Succession Planning in India- Business Law Journal- February 2013

Issue; Featured in the Q & A issue on has the In- House Counsel Legal Department become an

Integral Part of the Business- Lex Witness –April 2013; How to effectively engage & handle outside legal firms- March 2006- Asia Law How to reduce litigation and practical tips on staying away from litigation-January 2006- Asia

Law. Also involved in organising Privacy & Data Protection Seminar at Bangalore on September

23, 2016 with IAPP & INBA Team visit to British Parliament scheduled on June 13, 2016.

Illustrative list of trainings imparted

Code of conduct for Directors and Senior Management, Road map to better Corporate Governance, How to reduce litigation and practical tips on staying away from litigation, Regulatory Compliances, Competition laws, Arbitration and Alternate Dispute Resolution, IPR, Contract Management and Negotiations, Contract Drafting, Joint Ventures, Technical

Collaboration etc, Data Loss Prevention, Cyber Crime, IT, Anti Bribery Act, Contract Management Gender Sensitivity, POSH

Professional Association

Chairman of the General Counsel Section of Indian National Bar Association INBA; Since Oct 2013

Past President Indian Corporate Counsel Association, a professional organization for In-House Counsel; 2013- 2015

Co Chairman of Law & Justice Committee of PHDCCI;- January, 2015 Member of Institute of Internal Auditors, Florida, USA/India, Vice President – North of India International ADR Association- June 2015-06-09 Fellow Member of institute of Company Secretaries of India (In the past associated with ASSOCHAM Expert Committee on Company Affairs(2005-

06&2006-07), Member of ASSOCHAM, National Council of Legal Affairs 2014, Legal Affairs &

Page 8: CV-S.Ramaswamy- AUGUST 2016

IPR Council - Nomination on Expert Council ( 2011), Honorary Member of Society of Indian Law Firms(2005-06) ,ASSOCHAM Expert Committee on IPR-2011).

Knowledge Partner - Medhaadvisors

Legislative Gaps in the Cyber Era- Harmonising Indian Law with International Legal Regime on April, 29, 2016, Parliament Annexe ,New Delhi.

Master Class at New Delhi and Mumbai on Topics "Commercial Court Act , Bilateral Investment Treaty & Recent Ordinance on Arbitration & Conciliation Act with theme of Make in India" on 7th & 8th April, 2016 & 18th & 19th February,2016.

How to make India an Arbitration Hub , February, 11, 2016, Parliament Annexe , New Delhi National Law Day , Indian National Bar Association, 26th November, 2015, New Delhi

“6th National Legal Summit,2015” for Indian Chamber of Commerce on September 8, 2015 at New Delhi.

CSR Mela- Beyond the Bill, 6th October , 2015, Indian Chamber of Commerce New Delhi Privacy and Data Conference, Bangalore, September, 23, 2015

Past Professional Roles

Jul’93-Jul’96 Inertia Industries Ltd. Company Secretary

Jun’92-Jul’93 ET & T Corporation Ltd. Company Secretary

Dec’91-Jun’92 Pasupati Haryana Woolens Ltd Company Secretary

Apr’91-Nov’91 Foremost Ceramics Ltd. Asst Asst. Company Secretary

Jul’86- Mar’91 Vikas Hybrids & Electronics Ltd. Asst. Company Secretary

Nov’83-Jan’86 Indica Travels & Tours Pvt. Ltd. Asst. Accountant

The Period between November 1983 & June 1986 was primarily to fund my own Studies. I was enrolled for LL.B with Delhi University at that time.

The period between July 1986 to March 1991 & till July 1996 was where I was exposed to real time on the Job training on Legal, Company Secretary & other Economic Legislations aspects of Company working both under a senior and also working independently including under mentorship of seasoned Directors & Bureaucrats. .

From 1992 June I have been fully independent in handling areas of responsibility comprising Company Secretary, Legal, Corporate Affairs, Internal Audit, Compliance Management & in the last few years also acting as Business Advisor & Director on Board of Subsidiary Companies.

Personal Details Date of Birth : 15th April, 1962 Marital Status : Married (1Daughter, 25 yrs working);

Page 9: CV-S.Ramaswamy- AUGUST 2016

wife: School Teacher(PGT)- English & Business Studies. Languages : English, Hindi, Tamil, Malayalam, Punjabi

(S.RAMASWAMY)