The Kochi Catalyst: From Ritual to Reality in Construction Law

 

Bridging the Vocational Gap and Reclaiming Kerala’s Place in Global Dispute Resolution

Karthik J Panicker joined our firm as an intern shortly after graduating in law from Christ College, Bangalore, and transitioned into an associate role after enrolling as an advocate. At the time, he was in that state of uncertainty common to many new graduates, unsure of his next steps in life. While he possessed a bare idea that commercial practice was an area of interest, his path was not yet defined. Being the nephew of my friend and classmate—the prominent criminal trial lawyer Adv. Sajeev C.K.—he came before me. While Sajeev C.K. is a renowned expert in criminal law, Karthik’s inclination clearly leaned toward the commercial side of the profession.

It was not long after his arrival that the SCL Monsoon Conference took place in July 2024. Held at the Kerala High Court Auditorium, this was Kochi's first full-fledged SCL conference, organized by SCL India and its Kerala Chapter. Karthik had the opportunity to be part of this significant event in the dual capacity of a volunteer and an invited observer.

The scale of the 2024 conference provided a moment of introspection for us as organizers. While the event was a macro success—drawing over 15 foreign delegates and 45 domestic speakers—the local engagement told a different story. Despite the venue being the Kerala High Court Auditorium, the registered participation from the Kerala legal community remained notably modest, with fewer than ten participants from the High Court's own legal community. Rather than a reflection on our colleagues, we viewed this as a clear signal that we needed to do more to sensitize the relevant stakeholders to the immense professional value of construction law and arbitration.

The potential of such a platform was vividly illustrated by Karthik’s experience. Witnessing the global discourse firsthand allowed him to bridge the gap between a "bare interest" and a definitive career path. His journey—from a local intern to a Contract Analyst and Risk Assessor in an international firm—serves as a powerful "proof of concept."

This transformation can be traced back to the unique environment of the Kochi conference. During the deliberations, Karthik became deeply interested in the subjects of discussion and, more importantly, found a networking opportunity with key academic figures, such as Prof. R. Venket, a lead faculty member and speaker at the event. This connection became the bridge to his next academic step: enrolling in the specialized LLM course in Construction Law at Manipal Law School, Bangalore.

Karthik's success highlights exactly what our professional community stands to gain when they engage with these specialized forums. It is not just about the knowledge shared from the podium, but the networking and academic pathways that open up during these interactions. His journey has become the catalyst for our new strategy: ensuring that before our next conference, we invest the necessary time in sensitization so that every stakeholder recognizes the bridge to global opportunity that such events provide.

This "galaxy" of international construction law practitioners gathered to discuss three fundamental pillars: delay, disruption, and dispute resolution in infrastructure projects. Observing these deliberations, I found myself reflecting on our traditional law school training. Upon deeper study, I can vouch that the legal foundation of this field is built upon familiar ground—essential provisions of the Contract Act, the Law of Torts, the Evidence Act, the Code of Civil Procedure, and the Arbitration and Conciliation Act. However, the language of the discourse is strictly vocational and industry-specific. This specialized dialect creates a total disconnect for anyone new to the hall, making the subject appear more impenetrable than it truly is. It suggests that stakeholders were not sufficiently sensitized to the fact that their existing legal expertise is the bedrock of this "new" field; the disconnect lies purely in the vocational application.

This need for sensitization is further underscored by a unique historical challenge. While the rest of India was advancing under the Arbitration and Conciliation Act of 1996, Kerala experienced a significant "march backward" through the Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998. This legislative move created a stagnant environment in the infrastructure sector, distancing the state from the national trend toward specialized dispute resolution for decades.

The tide has finally begun to turn. The higher judiciary stepped forward to annul that restrictive law, and more recently, the High Court of Kerala has taken a proactive role by introducing the Arbitration Centre Rules, 2025. These rules represent a significant attempt to transfer infrastructure dispute dockets from civil courts back to the Kerala High Court Arbitration Centre. Even if this effort may not yet fully satisfy current international norms, it is a vital step toward institutionalizing a practice that was sidelined for far too long.

It is within this specific historical context that the disconnect we witnessed at the 2024 conference becomes understandable. Operating under a "long hiatus," we cannot expect a sudden, ritualistic gathering to bridge that gap. Consequently, the SCL Kerala Chapter has planning a fundamental shift in strategy. Rather than rushing into a 2026 Monsoon Conference, we are launching a comprehensive sensitization campaign to engage stakeholders first. We have moved the event to December 2026, renaming it the SCL Winter Conference.

As a vital part of this effort, the SCL is planning a specialized course on Delay, Disruption, and Dispute Resolution in Infrastructure Contracts for young lawyers and students. The most rewarding aspect is that Karthik J Paniker, has now agreed to assist in the formulation and conduct of the course alongside other SCL experts.

His involvement brings the narrative full circle—from a young intern finding his footing to a professional returning to help clear the path for others. The details of this curriculum will be shared soon. Our goal is to ensure that by the time the winter winds blow in December 2026, the stakeholders of Kerala are no longer just observers of the "galaxy" of construction law, but active and informed participants within it.