Author: Editor

  • Anubhuti Agrawal, Senior Counsel, Hilton, on LL.M from University of London, being partner at SAM and maintaining work life balance

    Anubhuti Agrawal, Senior Counsel, Hilton, on LL.M from University of London, being partner at SAM and maintaining work life balance

    Anubhuti Agrawal graduated from National Law School of India University, Bangalore in 2005. She joined Shardul Amarchand soon after graduation and worked there for the next three years.

    In 2008, she went to University College London to pursue her L.LM. Thereafter, she continued to work in Shardul Amarchand and later become the partner of the firm.  Anubhuti is currently Senior Counsel, Hilton Worldwide.

    In this interview, she talks about:

    • Her work experience at Shardul Amarchand Mangaldas,
    • The journey from being an associate to becoming the partner of the same firm.
    • The transition from being a partner at a firm to an in-house counsel
    • Maintaining a work-life balance

     

    GIVEN THAT MOST OF OUR READERS ARE LAW STUDENTS AND YOUNG LAWYERS, HOW WILL YOU INTRODUCE YOURSELF TO THEM? DO YOU COME FROM A FAMILY OF LAWYERS?

    I am a full time professional, working as the lead lawyer for Hilton in the Indian sub-continent. I am also mother to a four and half years old super active daughter, an avid traveler and compulsive holiday planner (for myself, my family, friends, and strangers!), social worker and a budding fitness freak.

    No, I do not come from a family of lawyers – my entry into law and journey since then has been and continues to completely self-driven, self-motivated and self-created.

     

    WHAT WAS IT THAT GOT YOU INTERESTED IN THE LEGAL FIELD? WHAT MADE YOU DECIDE TO PURSUE A CAREER IN LAW?

    As probably may be the case with other young adults my interest in law was fuelled party by reading John Grisham books; and also partly by the desire to not study engineering, medicine or computers. During one of the career counseling session at my school, I got to know about National Law School, Bangalore which seemed like a great place to be at especially with holidays every 3 months, vibrant student life, and on top of that, the career prospects after graduation seems quite high. For me I was not focused on studying law and becoming a lawyer but more focused on getting into NLS, Bangalore – I may not have chosen to do my undergrad in law if I hadn’t been selected for NLS.

     

    HOW WAS YOUR EXPERIENCE IN NLSIU? DO YOU THINK LAW SCHOOL PREPARED YOU FOR THE REAL WORLD PRACTICE OF LAW? DID YOU PURSUE ANY EXTRACURRICULAR ACTIVITIES? HOW DID THEY CONTRIBUTE TO YOUR HOLISTIC DEVELOPMENT?

    NLS has a very unique culture and character, especially for a dreamy-eyed sixteen year old who enters that environment. The academic standards at NLS were (and I hope still are) very high, and one always has to strive that little bit extra to excel in that tough environment – this intrinsically appealed to someone with a competitive streak like me. NLS also provided various opportunities for doing the varied activity that one wants to pursue, and I think this equipped us to manage our time effectively.

    I think NLS provided an open environment and opened up diverse opportunities for me. Most importantly NLS gave me the analytical skills required to be a successful commercial lawyer – so to that extent, yes, it gave me the tools required for the real-world practice of law.

     

    WHAT MOTIVATED YOU TO PURSUE AN LLM? HOW HAS IT BEEN BENEFICIAL TO YOU IN YOUR CAREER? CAN YOU TELL OUR READERS ABOUT HOW YOU SECURED A SCHOLARSHIP FOR YOUR STUDIES?

    Pursuing an LLM a few years into my professional life was not easy for me as I was at the peak of my career at Amarchand at that time. 2005-2008 were boom years for the Indian economy and consequently, I was doing great work at the firm and was involved in some marque deals. However, having secured full funding through the Chevening Scholarship and with my then fiancé (now husband) being in London together with the support and encouragement from Mr. & Mrs. Shroff made me take the decision to pursue the LLM at University College London.

    I would think to secure a full scholarship was the key factor influencing my decision to pursue the LLM – I was quite clear that I would not take a student loan or ask my parents to fund it.

    I have mixed feelings about how beneficial an LLM is for one’s career especially if you intend to come back to India. As with everything I believe the value of an LLM depends really on what you want to achieve in life and how the postgraduate degree ties-in with that goal. If someone wants to pursue a traditional law firm role in India (with the ultimate aim of becoming a partner), then to me LLM doesn’t really value add. However, when I switched my role to move in-house I have no doubt that the LLM and my work experience outside India tilled the balance in my favor. To me, a LLM is not just a degree and a line in the resume which gives additional technical legal skills but is also a year spent in getting personal experiences, acquiring soft skills, understanding people from different cultures and nationalities, understanding mindsets and decision making process followed by people from diverse background, making invaluable friends and just having fun! Therefore, my advice always is that pursue an LLM only if you get into a good university in a great city.

    Being genuine in your applications (admission and scholarship) and interviews are very important. I strongly feel that candidates need to have at least 1 area which they are passionate about which is clearly demonstrated in what they have done in the past and how the LLM would help them advance their interest. Judging panelists see hundreds of application and have can very easily identify fluff.

     

    WHAT ARE YOUR VIEWS ABOUT THE IMPORTANCE OF HIGHER EDUCATION? WHAT WOULD BE YOUR ADVICE TO SOME OF OUR READERS WHO ARE UNDECIDED ABOUT PURSUING FURTHER STUDIES?

    I feel higher education (especially in the field of Law) gives you soft skills and experiences which are invaluable in overall personality development. For me, personally higher education has to be in an international environment where you are exposed to myriad nationalities and cultures, which not only expands your social network but gives you a first-hand understanding on the different thought process. I would say that if you have the recourses one should definitely pursue higher education but after gaining some work experience, as maturity levels are very different after just a few years of working and from a good university.

    My international experience of having completed an LLM and a secondment at Slaughter & May played a very important role in getting the position at Hilton, and also in interacting with my international colleagues at Hilton who are spread across multiple countries.

    HOW DID YOU SECURE A JOB AT AMARCHAND MANGALDAS? WHAT DID THE RECRUITERS TAKE INTO ACCOUNT WHILE HIRING YOU? HOW IMPORTANT WAS YOUR CGPA?

    I got a PPO (pre-placement offer) from Amarchand having completed an internship in my final year with the firm. As an intern/student, the test is not that how much you know but do you know the right places to look for answers. Recruiters, in my opinion, look for consistency and hard-working attitude, an aptitude to creatively think on your feet and ability to adjust in the organisation’s environment, to be able to imbibe its culture and value system. I think CGPA is important as it can help a candidate get their foot in the interview process (especially if they are not from a top law school) but ultimately their overall personality, knowledge and their ability to signal (subtly) to the recruiter that they are open to the challenges of a firm will land a candidate the job offer.

     

    BEING AN ASSOCIATE AND THEN A PARTNER AT A TOP TIER LAW FIRM IS VERY DEMANDING. HOW DID YOU FACE THE WORK PRESSURE?

    When you are enjoying what you are doing and your effort is recognized and rewarded the long hours do not feel like pressure. Having said that it’s not like the pressure doesn’t get to you at times, but what worked for me was being focused on the job at hand and knowing that I was not just a clog in the wheel but what I was doing played a significant role in the overall deal. Also personally I am not someone who gives up and the recent Shawn Mendes song “Sometimes I feel like giving up, but I just can’t, it isn’t in my blood…” really sums me up!

     

    BEING A FULL-TIME PROFESSIONAL WITH A YOUNG CHILD, HOW DID YOU MAINTAIN A WORK-LIFE BALANCE?

    To me, the phrase “work-life balance” has given way to “work-life integration”. In today’s environment boundaries between work and personal life are so blurred that organizations need to give the flexibility to address personal needs even if that is in working hours. The important this is to ensure that work does not suffer and that you are responsible, responsive and available when needed. Obviously, there is always potential for misuse but self-discipline and dedication are key.

    I have been fortunate that I have worked at places which have allowed me to integrate my life with work, as ultimately we spend most of our adult time working. Amarchand has a daycare facility where my daughter went to from the age of six months till the last day I worked there and now Hilton offers a lot of flexibility for work-life integration.

    A supportive family environment also plays a crucial role, with my mother being the pillar behind me not only through my formative years as a young professional but even today, coupled with an encouraging husband (who is also a law firm Partner) we manage to squeeze out family time.

    While it is hard to implement I am trying to stop demanding or expecting instant responsiveness at every moment of the day, to help me enjoy every aspect of my life.

     

    HOW DID YOU RISE TO A PARTNER AT SAM? CAN YOU DESCRIBE YOUR JOURNEY OF GROWTH? WHAT ARE YOUR RESPONSIBILITIES AND AREAS OF EXPERTISE AS A PARTNER?

    I was a homegrown partner at Amarchand and then SAM, i.e. I started my career there as an intern and reached the partnership with hard work and dedication. I still remember the day my dad dropped me to the Amarchand office on the first day as an Associate there and said “may you get the corner cabin there” and I was glad I could fulfill that aspiration he had for me. In my journey to partnership at Amarchand, in addition to working hard, burning the midnight oil and having sharp legal skills, I had the faith and support of the firm and the Managing Partners. I was promoted to the partnership when I was expecting my daughter – which is a testimony to the fact that in right organizations milestone life events are not seen as roadblocks but only take you forward.

    It goes without saying that strong legal technical skills are needed for being a partner, but in addition to that partnership is essentially being an entrepreneur – do you have the ability to sell your’s and the firm’s credential and get the work defeating other equally glossy proposals? A partner (especially a junior partner) has to wear a number of hats from sourcing work to execute the same at the highest standard and in record turn-around time, to participate in firm related admin tasks and managing your team; which all require distinct skills. If each mandate won and each deal closed gives you an adrenalin rush and pushes you forward then the partnership is for you.

     

     WHAT PROMPTED YOU TO LEAVE A LAW FIRM TO JOIN IN-HOUSE LEGAL DEPARTMENT? IS IT TRUE THAT IN-HOUSE LIFE IS EASIER THAN PRIVATE PRACTICE IN A LAW FIRM?

    Having spent all my professional life at a law firm I had started questing myself as to what next. I could have continued in a law firm but essentially my life on a micro and a macro basis would not change – so the question of moving to another firm did not arise for me. While continuing to be a lawyer, I wanted to be closer to business realities and the position with Hilton provided me with that opportunity.

    There was a time when possibly it could be said that an in-house legal role was less demanding as compared to law firms. But now with complexity and maturity of businesses an in-house lawyer has to be a trusted business partner providing strategic advice to business. Think about it, in a law firm your client is a phone call away but in a company, they are in the room next door and walk in any moment they have a need! Also, an external advisors role involves highlighting risks and helping the client take a decision, but as an in-house counsel, you are supposed to take the decision – to tell me what sounds easier? There is no free lunch anywhere, it is just what works best for you as a person and professionally.

     

    HOW DO YOU STAY UP TO DATE ABOUT THE RECENT DEVELOPMENTS IN ALL THE FIELDS YOU WORK IN AND HAVE AN INTEREST IN? HOW DO YOU SUGGEST LAW STUDENTS DO SO?

    There are a number of good legal blogs and website now which give a glimpse of latest developments in the legal field together with regular updates from law firms that are circulated to clients. In addition to that, the PRS website is my go-to place if I want to find out details of any new legislation.

    In this time of rapid changes to the legal framework in India, law students should really be following news closely, changes in legal landscape relevant to them or which interests them. There is no substitute for being abreast with the latest development and the open internet world makes it much easier than when we were students.

     

    YOU HAVE PUBLISHED SEVERAL PAPERS. CAN YOU GIVE OUR READERS SOME ADVICE THAT WOULD HELP THEM IMPROVE THEIR CHANCES OF GETTING PUBLISHED?

    Knowing the journal you are writing for and its audience is very important together with using simple English. As a reader it is always a pleasure to read articles which are topical, are well researched and simply written, and the same principles apply to authors also.

     

    YOU ARE ACTIVELY INVOLVED IN SOCIAL WORK. CAN YOU TELL US HOW YOU CONTRIBUTE AND WHAT CAUSES YOU INVEST YOUR TIME IN? DO YOU THINK LAW SCHOOLS CAN ENCOURAGE LAW STUDENTS TO BECOME MORE SOCIALLY RESPONSIBLE?

    Contributing to society is ingrained in us as a family and is something I have been brought up with. My mother is an active volunteer with CanSupport, an NGO working with cancer survivors and caregivers. I work with her in resource mobilization and am an enthusiastic participant in their annual “Walk for life”. I am also closely associated with Delhi NCR Foodbank Network, an organization working in the area of hunger relief. I have realized that a number of young professionals want to contribute to society in their own ways, but the lack of time together with the process of identifying genuine organizations and coordinating with them seems daunting. To help in this, together with a few friends, colleagues of the legal fraternity and family members we have set up an informal group “Aid Attorneys”. As part of the group, we have funded meals for school kids and hope to do more projects in the future.

    My four-year-old daughter accompanies in all the activities and seeing her enthusiasm I feel proud that I am able to contribute in whatever small way.

     

     

  • Vivek Kapoor, International Disputes Lawyer, Stephenson Harwood on LLM from Northwestern University and a career in International arbitration 

    Vivek Kapoor, International Disputes Lawyer, Stephenson Harwood on LLM from Northwestern University and a career in International arbitration 

    Vivek Kapoor is an alumnus of Panjab University (Chandigarh) and Northwestern University (Chicago). He specializes in international commercial and investment treaty arbitration. He acts as counsel and advocate in international arbitrations conducted under the LCIA, ICC, SIAC, and UNCITRAL rules and ad-hoc arrangements, and arising from diverse industry sectors, particularly energy, mining and natural resources, infrastructure and construction, telecom and technology sectors.

    He advises and represents both private and state-owned entities from multiple jurisdictions in Asia, Europe, CIS, Africa, and Middle East in disputes governed by a variety of common and civil law regimes, and public international law.

    He also advises foreign investors on issues pertaining to investment protection notably under bilateral investment treaties and investor-state contracts, and the interaction between international law and domestic law in relation to international projects. He is recognized for his experience in post-award remedies, enforcement, jurisdictional challenges and conflict of laws issues.

    He has undertaken significant advocacy before international tribunals. He also has full rights of audience in the Indian courts, and has successfully represented private parties, both Indian and Fortune 500 multinational corporations, before the Supreme Court of India and the High Courts of various States in India.

    He is empanelled as an arbitrator with the International Centre for Alternative Dispute Resolution (working under the aegis of Ministry of Law & Justice, Government of India). He also serves on the editorial advisory board of LexisNexis Arbitration and the management committee of the Asia-Pacific Forum for International Arbitration.

    He also regularly speaks at various forums on diverse issues of international law and international arbitration and has published widely on this area of law.

    In this interview, he talks to us about:

    • LLM from Northwestern University (US)
    • On choosing specialisation
    • A career in international arbitration

     

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    I am an International Disputes Lawyer based in London – an advocate (India) and a barrister (England & Wales). Well, that is my professional introduction; outside of the profession I am an adventurer, nomad at heart, an art aficionado, a two am friend – a social bandito!

     

    WHAT MOTIVATED YOU TO PURSUE A CAREER IN LAW AFTER DOING BACHELORS IN ARTS (ECONOMICS AND MATHEMATICS) FROM PANJAB UNIVERSITY?

    I come from a family with a strong tradition in law, law enforcement to be precise. I was intrigued by the profession right from a young age; my initial interaction with law being centered on its societal impact and importance. As I grew up the philosophy of law became an area of keen interest for me.

    Law was always on the cards. When I finished my schooling at St. Columba’s (Delhi) I wanted to broaden the horizons of my knowledge and develop a more mature worldview before I embarked on a degree that would form the basis of my career. Panjab University with its glorious history and rich tradition gave me a wonderful choice to pursue Economics and Mathematics simultaneously.

     

    PLEASE TELL US SOMETHING ABOUT YOUR LAW SCHOOL LIFE?

    Law school, both at Panjab University (India) and then Northwestern University (US), played a critical role in shaping my thought and disposition. I had the opportunity to read law under the guidance of some of the most celebrated professors in India and US. I interacted with some of the best minds in the profession – leading lawyers, judges, and politicians elected to public office.

     

    WHAT WAS YOUR MOTIVATION BEHIND DOING AN LLM ABROAD? HOW DID YOU CHOOSE TO SPECIALIZE IS INTERNATIONAL ARBITRATION?

    The motivation behind the LL.M. was to develop both a global perspective of law and practice and a skill based and practice-oriented understanding of law. Being admitted to one of the best universities in the world, Northwestern in Chicago, gave me the perfect opportunity.

    The focus of my LL.M. was broader than international arbitration. I completed 31 credits instead of the 20 credits that were required and completed by most. Though I completed my LL.M. when I was fairly young, I was already a litigator with experience of some very significant and complex cases. International arbitration was a natural progression.

     

     WHAT WOULD BE YOUR WORD OF ADVICE TO STUDENTS LOOKING FOR A CAREER IN INTERNATIONAL ARBITRATION?

    Don’t focus on the gloss; try to develop a sound understanding of law and the ability to work through a diverse set of factual matrices. Above all, try to attain as much practical, hands-on experience as possible.

     

    CAN YOU PLEASE TELL US ABOUT YOUR EXPERIENCE APPLYING FOR YOUR MASTER’S DEGREE? DO YOU BELIEVE IT IS MORE DIFFICULT FOR NON-NLU STUDENTS TO GET THROUGH INTO FOREIGN UNIVERSITIES?

    I am not a NLU student so I really can’t comment on whether they have it any easier. For me, it was a relatively straightforward process. In my view, the best way to deal with this process is to know what exactly you want out of the course and present your true and best self in the application. I don’t think the foreign universities show any preference towards NLU. They are more focused on the quality of candidates, what they bring on to the table, how they contribute to the brand and the values the university stand for.

     

    WHAT LED YOU TO CHOOSE TO STAY ABROAD AND NOT RETURN TO INDIA AFTER COMPLETING YOUR LLM? HOW DID YOU JOIN A REPUTED FOREIGN LAW FIRM AFTER YOUR MASTER’S COURSE?

    India has always been and continues to be a key focus for my work.

    In today’s day and age, a person’s postal address has ceased to be of great significance. Where you live no longer determines what work you do. Foreign law firms all over the world have many talented lawyers from India. For me, personally, it was not a deliberate decision. My objective is to do quality work and location is secondary to it.

     

    DO YOU BELIEVE THAT A MASTERS IS A MUST FOR LAWYERS SEEKING INTERNATIONAL EXPOSURE, AND JOINING A FOREIGN LAW FIRM?

    It is hard to make a definitive statement whether LL.M. is a must for foreign law firms. In my view, LL.M. is a matter of personal choice. Each person seeks something different from the course and therefore has different motivations to pursue a course.

    Any good law firm seeks candidates that in addition to a good academic record, exhibit a holistic personal development and an enthusiasm to learn and grow further.

     

    HOW IS THE WORK CULTURE ABROAD DIFFERENT FROM THE WORK CULTURE IN INDIA?

    In my view, the work culture of the legal profession both in India and abroad is broadly driven by the same set of values and focus on doing quality work which is intellectually stimulating.

     

    WHAT IS AN AVERAGE WORK-DAY AT STEPHENSON HARWOOD?

    This is perhaps one of the most interesting aspects of the life of a disputes lawyer – no two days are alike.

     

    DO YOU THINK THAT SINGAPORE IS GRADUALLY BECOMING THE HUB FOR ARBITRATION IN ASIA, ESPECIALLY FOR INDIAN ARBITRATIONS? WHAT ARE YOUR THOUGHTS ON THIS? WHAT ARE THE OPPORTUNITIES FOR INDIAN LAWYERS IN ARBITRATION?

    Undoubtedly, Singapore has become a hub for arbitrations in Asia. Having lived and worked there I have experienced this phenomenal growth. I continue to represent clients in Singapore-sited arbitrations and am impressed with the high level of innovation.

    As for India-related arbitrations, I think India has become a significant economic player in the global economy. As a consequence, all major international seats are seeing Indian arbitrations. And this is vastly increasing the opportunities available to Indian lawyers.

     

    WOULD YOU HAVE ANY PARTING WORDS OF ENCOURAGEMENT FOR OUR READERS WHO WOULD LIKE TO FOLLOW YOUR FOOTSTEPS?

    That’s a very generous question – I think I am still far from being a role model for anyone.

    My two cents – each day brings with itself new learnings and new experiences, what matters is how you imbibe them and grow!

     

  • Rahul Donde, Senior Associate, Lévy Kaufmann-Kohler on a career in International arbitration and being appointed arbitrator by ICC

    Rahul Donde, Senior Associate, Lévy Kaufmann-Kohler on a career in International arbitration and being appointed arbitrator by ICC

    Rahul Donde is an alumnus of GLC Mumbai and specializes in international commercial and investment arbitration. He acts as arbitrator, counsel, secretary, and assistant of the arbitral tribunal in international arbitration proceedings under both ad hoc (UNCITRAL, Swiss PILA, Indian Arbitration Act, 1996) and institutional arbitration rules (ICC, LCIA, ICSID, CEPANI).

    He has specific experience in disputes relating to utilities, natural resources (water, oil, gas, renewable energy) and joint venture/shareholder agreements in different jurisdictions. He has been involved in high-profile disputes arising under the NAFTA and BITs as well as under complex long-term contracts. He has specialization in energy law with focus on oil, gas and renewable energy.

    Prior to joining Lévy Kaufmann-Kohler in 2012, Rahul worked in the arbitration department of a large European firm. Before that, he was an associate for several years in the dispute resolution team of a major Indian law firm. Rahul has acted as counsel in numerous commercial disputes before arbitral tribunals and domestic courts in India and has specialized knowledge of the idiosyncrasies of dispute resolution in multiple jurisdictions.

    Rahul is the co-editor of the first-ever TDM Special on dispute resolution in India, and he is the country reporter for India for the IBA Report on Arbitrability under the New York Convention. He has been appointed to the Advisory Board of the Thailand Arbitration Center and the Center for Advanced Research in Dispute Settlement. He is a Steering Committee Member of the young arbitration practitioners groups of the Chartered Institute of Arbitrators and the Mumbai Center for International Arbitration. He is regularly invited to speak at conferences and conduct training programmes and workshops organized by UN organizations, the ICC World Business Institute, the Chartered Institute of Arbitrators, Young ICCA, the Asian Society of International Law and others. His publications cover topics of current interest in water, energy law and international arbitration

    In this interview, he talks to us about:

    • applying for LLM abroad
    • a career in international arbitration
    • being the youngest ever Indian arbitrator to be appointed by ICC

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    As I am! Bookworm, technogeek, football and swimming enthusiast.

     

    PLEASE TELL US ABOUT YOUR TIME AT GLC MUMBAI.

    I thoroughly enjoyed my time at GLC. Lectures by Prof. Pithawalla, Prof. Daswani, and many others were particularly memorable. My seniors described GLC as a “buffet” early on, and I must say that I took full advantage of that. I was a member of a number of student committees – the Moot Court Association, the Debating Society, the Law Review Committee, Rotaract Club, and others, many of which I also had the pleasure of leading. I co-founded Students for the Promotion of International Law (SPIL), the first international law association in Mumbai and helped set up GLC’s computer research center. I am very happy that GLC has moved from strength to strength over the years.

     

    YOU HAVE PURSUED A LOT OF ADDITIONAL COURSES IN CYBER LAW, ADR, ETC. WOULD YOU RECOMMEND THESE COURSES TO LAW STUDENTS?

    I strongly recommend pursuing specialized courses to law students. Pursuing such courses exposes you to the finer details of a subject, so you can be sure that you are truly interested in it (without incurring the cost of an LL.M.!). For instance, my ADR and International Trade law courses led me to conclude that my interest lies in international dispute settlement. Besides, pursuing such courses could help to get admitted to an LL.M., and for getting scholarships.

     

    WOULD YOU SAY WORK EXPERIENCE BEFORE A MASTER’S DEGREE HAS AN ADDED ADVANTAGE?

    Definitely. Work experience allows for a better appreciation of the higher level of education dispensed at the LL.M. level. It also enables you to gain more from your classes: with the help of your professors, you can test how your instruction would apply to real-world situations rather than engaging in purely theoretical discussions. Besides, some universities value work experience for admissions to LL.M. programs.

     

    WHAT WAS YOUR MOTIVATION BEHIND DOING AN LL.M. ABROAD? HOW DID YOU CHOOSE TO SPECIALIZE IS INTERNATIONAL ARBITRATION?

    I always wanted to do an LL.M. abroad. Foremost, I wanted to experience different methods of instruction than what I was exposed to at GLC. I was also keen on doing project-work rather than simply writing annual exams. The idea of sharing thoughts and experiences with fellow students across the world (it’s a big world!), was all too enticing! I’m happy to say that my LL.M. experiences far exceeded my expectations.

    As for choosing international arbitration, I’ve always been a disputes lawyer, right from my very first internship in Mumbai. As I mentioned, I took courses in ADR and international trade law, and soon realized that international dispute settlement would be the ideal field for me to merge these subjects along with my interest in public international law.

     

    WHAT WOULD BE YOUR WORD OF ADVICE TO STUDENTS LOOKING FOR A CAREER IN INTERNATIONAL ARBITRATION?

    Beware! International arbitration is a particularly unique field as it attracts students from many different disciplines. Those intending to make a career in international arbitration should be prepared to go the extra mile to stand out from their peers. As I mentioned, I recommend pursuing specialised courses in international arbitration before pursuing an LL.M. degree in the field. Also, students should think of writing on the subject too – articles, blog posts and the like. Further, students should attend arbitration conferences – a great way to keep abreast of latest developments as well as connect with leading practitioners. While such conferences were rare (and expensive), we’re changing that now: an international conference I organized in Mumbai last year saw students attending in large numbers. Finally, students should think of offering to help senior practitioners in their ongoing projects or research. This not only helps increase awareness of “real” arbitration work but also helps create (valuable) relationships in the field, besides bolstering your resume of course! I work with several research assistants myself for my academic pursuits and hope that the experience is as educative and useful for them as it is for me.

    CAN YOU PLEASE TELL US ABOUT YOUR EXPERIENCE APPLYING FOR YOUR MASTER’S DEGREE? DO YOU BELIEVE IT IS MORE DIFFICULT FOR NON-NLU STUDENTS TO GET THROUGH INTO FOREIGN UNIVERSITIES?

    I completed my first LL.M. in 2011 – an LL.M. in Dispute Settlement offered jointly by the Graduate Institute, Geneva and the University of Geneva. I completed my second LL.M. via distance education this year – an LL.M. in Oil and Gas law from the Robert Gordon University, Aberdeen. Applying for my first LL.M. was quite challenging. I remember spending hours drafting and redrafting my Statement of Purpose (SoP). Organizing other documents was tough too – recommendation letters, transcripts etc., all while working full time. I would strongly recommend setting aside some time for making applications, it’s quite a job! And do spend time on your SoP; I can say from experience that it will be read, and the success of your application may well depend on it!

    I do not believe it is difficult for non-NLU students to get through foreign universities. Each law school has its own strengths and weaknesses, students have to maximise all available opportunities, and have good grades. From experience, I can say that while admissions committees do take into account an applicant’s university, the SoP, grades, co-curricular activities and the like carry far more weight.

     

    WHAT LED YOU TO CHOOSE TO STAY ABROAD AND NOT RETURN TO INDIA AFTER COMPLETING YOUR LL.M.? HOW DID YOU JOIN A REPUTED FOREIGN LAW FIRM AFTER YOUR MASTER’S COURSE?

    I always looked at an LL.M. as a two-part project – foreign education and foreign work experience. The latter was particularly important given that I chose to do an LL.M. in international dispute settlement – something that at the time was not very common in India. I choose to stay abroad now because I still have a lot to learn and a long way to go to become the global dispute resolution professional I aspire to be. Moreover, I enjoy my work in an exceptional environment that is intellectually stimulating and nurturing in equal measure. In any event, I travel back to India at least 3-4 times every year to meet clients, friends and organize arbitration events. In some senses, I never left!

    Joining a foreign law firm took some effort. Besides being actively contributing in class, I volunteered to work on small projects for my professors, which I did to the best of my abilities. Their recommendations, coupled with my work experience and grades, got me here. It also helped that I interned at a law firm while pursuing my LL.M. – 15-hour workdays for nearly six months, but well worth it in the end.

     

    DO YOU BELIEVE THAT A MASTERS IS A MUST FOR LAWYERS SEEKING INTERNATIONAL EXPOSURE, AND JOINING A FOREIGN LAW FIRM?

    I would say that some form of foreign education is useful for those seeking employment outside their home jurisdiction, as well as those seeking to have international exposure while remaining in their home jurisdiction. This could be a full-fledged LL.M. degree or any other program. There are so many unique programs out there these days that a targeted short course may be valued more than a generic LL.M.

     

    HOW IS THE WORK CULTURE ABROAD DIFFERENT FROM THE WORK CULTURE IN INDIA?

    I think we should be careful not to generalize the working culture in India and abroad. There are firms all across the spectrum everywhere. Dedication is required everywhere but perhaps not understood the same. Professionalism is rewarded here, not benchwarming. There is no requirement to spend long hours in the office unless there is a real need to do so. Another difference is personnel development. Foreign firms are more open to their associates engaging in career development activities. There seems to be some hesitation towards this in India.

     

    WHAT ARE YOUR ROLES AND RESPONSIBILITIES AT LÉVY KAUFMANN-KOHLER? WHAT IS THE AVERAGE WORK-DAY LIKE?

    Lévy Kaufmann-Kohler (LKK) specializes in international dispute resolution, particularly international commercial arbitration and investment arbitration. I’m happy to say that I play a role in all aspects of the arbitral process: I sit as arbitrator, act as counsel, and also act as secretary to arbitral tribunals.

    The average work-day varies tremendously depending on what work comes up. I could be issuing procedural orders in cases where I sit as arbitrator, drafting legal memos, and/or brainstorming strategies for use in current cases – anything goes. Its why I love my job! I also try to spend some time each day reading on current developments, not only on international arbitration – continuous training is important.

     

    WHAT IS THE SKILL SET REQUIRED TO BECOME AN ARBITRATOR?

    One needs a varied skill set to become an arbitrator. In my view, the most important skill is truly listening to what the disputing parties are saying. All too often one hears/reads what one wants and not what is said/written. It is equally important to be diligent – the devil is nearly always in the details! I could go on, but I find these to be the most important skills, common to the top arbitrators in the world.

     

    YOU HAVE BEEN THE YOUNGEST-EVER INDIAN TO BE APPOINTED BY THE ICC. PLEASE TELL US ABOUT YOUR JOURNEY FROM BEING A FRESHER TO BEING AN EXPERT IN ARBITRATION?

    A long journey, with a long way to go! Sitting in a classroom at GLC I never thought that I would one day work in Switzerland with the leading international arbitrators of the day. As I mentioned above, working hard and working well eventually pays off! I’ve received (and continue to receive) plenty of support and encouragement, especially at LKK, for which I am extremely grateful. Its been a tremendous learning experience so far, and the journey continues!

     

    WOULD YOU HAVE ANY PARTING WORDS OF ENCOURAGEMENT FOR OUR READERS WHO WOULD LIKE TO FOLLOW YOUR FOOTSTEPS?

    There are much bigger and better footsteps for others to follow!

    I would only say that nothing really replaces diligence and hard work. If you work hard and work well, results will follow. Also – and this is particularly relevant as I’ve often seen Indian students being intimidated in a foreign environment – don’t be afraid to step up. Just because something has not been thought of before doesn’t mean it can’t be done. And finally, always keep an eye out for opportunities – you never know what can happen!

     

     

  • Anubhab Sarkar, Co-founder, Triumvir Law on starting his own law firm and a successful career in International arbitration

    Anubhab Sarkar, Co-founder, Triumvir Law on starting his own law firm and a successful career in International arbitration

    Anubhab Sarkar graduated from KIIT, Bhubaneswar in 2015.  He is the co-founder of Triumvir law.  Anubhab has had the rare opportunity to work with Prof. Martin Hunter at Essex Court Chamber in London. He had also interned with Freshfields Bruckhaus Derringer. He keeps a keen interest in International Law and has also served as the president of the International Law Society at his university.

    Anubhab works extensively in practice areas of Corporate Commercial and Foreign Investment Laws. He has also been involved in corporate transactions focused on the technology industry including cross-border Mergers & Acquisitions.

    In this interview we speak to him about:

    • Starting his own firm ‘Triumvir law’
    • On choosing specialisation
    • A career in international arbitration

     

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS? PLEASE TELL US SOMETHING ABOUT YOUR PRE-COLLEGE LIFE?

    Thank you for having me for the interview. This is the second time I am interacting with SuperLawyer (however, I think there are miles to go for me to even come close to this tag.). During the course of this interview, I will try to convey to young colleagues and law students how to look at the profession.

    I am a Co-founder at Triumvir Law, a small boutique law firm having offices in Bangalore and Mumbai. We deal in General Corporate advisory/transactions, International Commercial Arbitration, International Law and Intellectual Property matters. Apart from being a lawyer, I am a sports aficionado, particularly football. I am also a trained Indian classical musician, I play the sarod and this helps me in abundance to distinguish work from my normal life. However, I follow all kinds of music and ‘Apple Music’ is the second most used research platform by me other than the legal ones. In a nutshell, I keep doing a lot of things to keep the excitement alive in life, for that matter, I have also featured in a Nescafe TV commercial as a musician.

    I went to school at St. Xavier’s Collegiate School in Calcutta. To be honest, while in school, I never thought I’d become a lawyer. I was a science student supposedly preparing for the engineering entrance exams secretly wishing to go study English honours. But as fate would have it, just like my mother, I joined the bandwagon of rights and duties and do’s and don’ts (i.e lawyer). While in school, I was always playing something, either my sarod or the ‘fool’. Nevertheless, the teachers and my friends at school always supported me in becoming who I am today.

     

    WHAT FACTORS INFLUENCED YOUR DECISION TO SPECIALISE IN INTERNATIONAL COMMERCIAL ARBITRATION AND CORPORATE LAW?

    By the end of the first year at law school, I had somehow made up my mind that whatever I pursued will have some semblance and application of International Law if not directly. In law school, I was quite blessed to have visiting faculties like Prof. Martin Hunter, Jan Paulsson, Marike Paulsson among other great intellectuals. Learning the basics of International Arbitration by way of live cases from these individuals was quite an experience. During these visiting lecture sessions, we used to have evidence hearing simulations based on real case situations.

    During my third year at law school, I got an offer to work with Prof. Martin Hunter as his Research Assistant at Essex Court Chambers, London. During my time in London, I also had the opportunity to intern with the International Arbitration team at Freshfields Bruckhaus Derringer. These experiences made me steadfast in pursuing a career in International Arbitration and Bilateral Invest Treaty arbitration.

    My tryst with the corporate law started from my internships in top-tier Indian law firms like Amarchand Mangaldas (now Shardul Amarchand Mangaldas), Trilegal, JSA (where I worked later in my career). During these internships, I gathered the basic nuances of corporate law and deal structuring. Additionally, during my employment at Cyril Amarchand Mangaldas, KLaw and JSA, I worked extensively on corporate transactions ranging from project finance to private equity. Having said that, it is always advisable to understand how commercial transactions work in order to be a good International Arbitration lawyer. About 70% of International Arbitration disputes arise from shareholders agreements and/or investment agreements.

     

    WHAT MOTIVATED YOU TO START THE TRIUMVIR LAW? WHAT WERE THE CHALLENGES YOU FACED AND WHAT IS YET TO BE ACHIEVED?

    After having worked for few of the premier law firms in India and abroad and having an understanding as to how the system works, I was convinced that it was time for me start on my own. I believe in my skill-sets i.e. to interact with clients, understand their problems and then deal with them in the best possible way.

    In addition to that, I met my partners at my last job and realised that we wanted the same things – to be part of the whole mechanism than segmented versions of one piece of work. The realisation that mental health is of peremptory importance and everything else follows hit us hard. Keeping our work ethos intact, my partners (Prathik Cheralathammanda and Akshay Ubale) and I started Triumvir Law.

    In India, especially in the law firms, the ‘peeling off’ culture is in abundance (relative opinion). We, at Triumvir Law, believe in maintaining an effective work-life balance yet not compromising on the work we do for our clients. This is based on clear communication (with client and team) and proper delegation of work. We live in a world wherein deadlines are the end all and be all of life. The key motto is to ‘have a peaceful night’s sleep’ which, let us agree, very miniscule people get in this profession. There might be a counter-argument to this that there is a price to be paid for everything. Yes, there is, but not at the cost of your health and sanity.

     

    PLEASE TELL US ABOUT YOUR FIRM TRIUMVIR LAW?

    Triumvir Law is a boutique law firm based in Bangalore and Mumbai.  We believe in hard work, honesty (to clients and ourselves) and integrity when catering to clients and their requirements. As millennials, we use technology, teamwork, organisational skills, uninhibited communication skills, proactiveness to take on complex legal problems — to deliver the best to our clients, whom we regard with utmost care and respect.

    Our team consists of dedicated individuals, with a wealth of experience in working with Magic Circle firms and chambers (London), Dutch and Singaporean law firms as well as Tier one Indian law firms. We are also in talks with bringing on board someone with an abundance of experience in International Commercial Arbitrations and presently working in one of the premier law firms in the country. We cater to a wide bevy of clients ranging from multinationals to Bangalore-based start-ups. Additionally, we are regularly instructed to consult and act as co-counsel to other firms and lawyers in their cases.

     

    WHAT ARE THE SERVICES PROVIDED BY THE FIRM AND HOW IT CATERS THE NEED OF CLIENTS?

    We provide a wide array of services in the fields of, to name a few, corporate and commercial laws, dispute resolution, intellectual property. Our main focus, however, remains international commercial arbitration (especially Bilateral Investment Treaty advisory). In addition to the above, we also work with start-ups, hand holding them, and advising in setting up their companies and business, while simultaneously identifying and advising on legal risks. Essentially, we work on various areas of law depending on the needs of our clients. We also a run a separate pro-bono research wing on climate change and forced migration. We believe that climate change is real and we as lawyers can help address the concerns that climate change brings to us. Based on this, we are gathering a task force from all walks of life in order to help us create a community to tackle climate change in all ways possible.

    Furthermore, we have a strong consultancy chain based out of the cities (including abroad) we don’t operate out of. That is, in the event, a client requires immediate legal advice in such a situation we are able to connect the client to another lawyer operating from that jurisdiction.

    As mentioned above, our work model includes a system wherein a draft going out goes through multiple levels of scrutiny. This ensures that the product going out to the client is sound in law and effective.

     

    HOW CAN A LAW STUDENT APPLY FOR INTERNSHIP AT TRIUMVIR LAW?

    A law student can directly apply for internships by writing to me at anubhab.sarkar@triumvirlaw.com. Based on the kind of work we do, it is advisable that students (third year and above) who are interested in international commercial arbitration, international law and corporate laws apply to us. We encourage students with the same wavelength to come work with us in order to understand the kind of work we do and how we do. At present, our day to day activities are extremely dynamic, and like-minded individuals who are willing ‘hustle’ and ‘be real’ are always welcome.

     

    WHAT WOULD BE YOUR ADVICE TO LAW STUDENTS LOOKING FOR A CAREER IN INTERNATIONAL COMMERCIAL ARBITRATION?

    Law students who are interested in International Commercial Arbitration must have a strong grasp of the procedural law. To that end, it is important for a student to visit court through one or two internships.

    In addition to the above, it is advisable to be abreast of various occurrences in the arbitration world (i.e. conferences, orders and scholarly writings). One should also become a member of the youth chapters of the arbitral institutions. These steps will help an individual create a steadfast start in their international arbitration career.

     

     WHAT MILESTONES HAVE YOU ACHIEVED TILL NOW?

    During the short span of our existence, we have been a part of quite a few important international transactions and disputes opposite premier law firms. We have also provided strategic advice to a large Indian conglomerate in relation to its claims against a developing Asian country under a Bilateral Investment Treaty. To be honest, the entire journey since our inception has been extremely overwhelming. To that end, the fact that our clients keep coming back to us in relation to any legal work they have is the real testament to the work we do.

     

    WHERE DO YOU SEE THE FIRM IN THE LONG RUN?

    At present, we have offices based out of Bombay and Bangalore. In about five years from now, I would like to venture into the Calcutta and New Delhi market. It is an absolute pleasure working with my Partners and we want to take it forward in the right direction as fast, steady and direct as possible. Where do you ask? “To the stars”.

     

    WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS?

    What I want to share with the readers is essentially what I have lived my life by. Please dream. If you don’t, there is no point in living. Every day is a challenge; try making it a story to remember for the rest of your life. Lastly, laugh, cry and be kind to people because it is a scientific fact that gratitude reciprocates. Respect and believe in yourself, that way you will be able to respect others. To doubt your capabilities is a job for others, and your job is to show otherwise. Apart from that, there is no substitute for hard work. Godspeed.

     

     

     

  • Sajid Sheikh, Assistant Registrar (Academic), Maharashtra National Law University on experience as a law professor,  writing research papers and founding Lawlex

    Sajid Sheikh, Assistant Registrar (Academic), Maharashtra National Law University on experience as a law professor,  writing research papers and founding Lawlex

    Sajid graduated from The Law School, the University of Jammu in 2013. He did his post-graduation from National Law University, Jodhpur and is pursuing his Ph.D. from NALSAR University of Law, Hyderabad. With a passion to help the community, one step at a time, he founded Lawlex organisation in 2013. Presently, he is a faculty at Maharashtra National Law University Mumbai. His research interests are Intellectual Property Law, Law of Torts, Research Methodology and Advocacy Skills.

    In this interview he talks about:

    • His experience at National Law University, Jodhpur
    • His NGO – Lawlex organisation
    • Challenges of being a professor
    • Tips on writing research papers

     

     

    TELL US A BIT ABOUT YOUR CHILDHOOD, PRE-COLLEGE LIFE AS WELL AS EDUCATIONAL BACKGROUND.

    I have been born and brought up in Jammu (Jammu & Kashmir). I was a shy kid till the seventh standard. From eighth standard onwards, I started developing my interest in literary activities. I wrote two poems that year which I contributed to the school magazine. That was the beginning. Later, I participated in debates, symposium and essay writing competitions and fared well in them. I was much fascinated with science, particularly astronomy which I used to discuss with my friends during breaks.

     

    HOW DID YOUR INTEREST GRAVITATE TOWARDS LAW?

    My father is an Advocate. I enjoyed having a look at the files whenever I could get my hand at them. I liked the legal language, the sentence construction and how the arguments were presented. Sometimes, I used to assist my father in his office. Moreover, the fact that this profession could help people get justice inspired me to pursue law.

     

    WHAT DO YOU HAVE TO SAY ABOUT THE SUPPOSED ‘ELITE’ TAG ATTACHED TO CERTAIN LAW SCHOOLS? DO YOU BELIEVE BRANDING OF COLLEGE IS SOMETHING THAT’S VERY RELEVANT/ IMPORTANT AT ANY STAGE IN A LAW STUDENT’S CAREER?

    I have a kind of mixed opinion about this, based on what I have observed. Legal luminaries like Ram Jethmalani, Harish Salve, Fali S Nariman studied from traditional universities and are at the top of their profession. They started from the scratch and reached the zenith. But, these days when we rank everything when there are numerous options, ‘elite’ tag can help at entry level. The employer may give you a job based on the glitz of the institution tag, but your retention and growth depend on your knowledge, skill, and perseverance. There is no other route. Tags fail there. I have been told that there is certainly top tier law firms which provide stipends to interns belonging to certain law schools only.

     

    WHAT WERE YOUR AREAS OF INTEREST DURING YOUR GRADUATION? HOW DID YOU GO ABOUT DEVELOPING EXPERTISE AND KNOWLEDGE IN THESE AREAS?

    I loved Constitutional Law and Intellectual Property Law. There is no book better to understand law than to read the bare act thoroughly. This is my advice to my students today too. Before exams, I referred to many good books, but during exams, I used to refer to one book only due to time constraints. It’s better to remain focused than to wander.

     

    DID YOU DO ANY INTERNSHIPS OR EXTRA-CURRICULAR ACTIVITIES DURING YOUR LAW SCHOOL DAYS?

    The internship is the first step towards learning the etiquette of a profession. I interned under my father mostly. However, I did one internship with Luthra and Luthra Law Firm at Delhi which was phenomenal.

     

    WHEN AND HOW DID YOU DECIDE TO PURSUE MASTERS? WAS IT A PROFESSIONAL REQUIREMENT OR AN ENDEAVOUR OUT OF ACADEMIC INTERESTS?

    After my undergrad, I wanted to pursue my post-graduation either from abroad or from an NLU. I could not apply abroad as the results of UG got delayed, however, I got an opportunity at NLU Jodhpur, the decision which I never regret. Later on, I got an offer from European Masters in Law and Economics (EMLE), Germany, but had to forego due to my professional commitments.

     

    YOU HAVE DONE YOUR LL.M. FROM NLU, JODHPUR. CAN YOU PLEASE SHARE YOUR EXPERIENCE AT NLU-J? HOW WILL YOU COMPARE THE ENVIRONMENT AT NLU-J WITH THAT OF the UNIVERSITY of JAMMU?

    NLU Jodhpur invests a lot in academics. They provide a student ample exposure by inviting experts from different law schools and industry. All the events were open for all the students be it LL.B. or LL.M. I personally learned a lot. The residential nature of the University definitely helps in getting the best out of a student. The whole idea is of making a student think beyond the text.

    Doing a comparison between NLUJ and Jammu University won’t be fair. But, the teaching methodology which the NLUs use and the mode in which they keep students engaged 24×7 by projects, assignments other literary activities etc., gives an edge to them. Jammu University no doubt is great, but traditional universities have their own limitations.

     

    LOOKING BACK, HOW SIGNIFICANT DO YOU THINK THAT YOUR LEGAL EDUCATION WAS? WHEN DID YOU HAPPEN TO EXPERIENCE THE LEARNING CURVE?

    Law schools play a limited role in our careers. It can neither define nor decide your fate. To ace the race, one has to make the best use of the law school time. The question is how to get an edge over your other peers. The answer is apparent; by participating in skill-based activities like moots, debates, pursue certificate courses, attend summer schools, conferences, seminars etc. I did one i-policy course of Centre for Civil Society, Delhi which made me think about what I want to do with my life career-wise. I networked with a lot of friends who inspired me a lot. Through this network, I came to know about more opportunities which helped me define my trajectory.

     

    HOW HAS YOUR EXPERIENCE BEEN AS A LAW PROFESSOR? WHAT ADVICE WOULD YOU LIKE TO GIVE TO YOUNG LAWYERS LOOKING TO MAKE A CAREER IN FIELD OF TEACHING?

    The notion that you learn law to become a lawyer is deeply flawed. I have seen this notion still selling and being imbibed in fresh law students. Law is just like another course which opens a multitude of opportunities, and teaching is one of the best ones. If you have a habit of reading, a habit of writing and the zeal to impart knowledge, then this profession is for you. It is equally challenging like advocacy, every day is a new case, there are arguments and counterarguments, at least at good law schools which encourage discussions and debates. A teacher of today has to be a multi-tasker, you have to teach students, do the evaluation, do the mentoring, guide the students in lit. activities, do your research, work on research projects, spark collaborations and much more.

     

    DID YOU EVER HAVE DOUBTS BACK THEN ABOUT YOUR ABILITY TO STAND OUT IN THE LEGAL PROFESSION? WHAT, IN YOUR VIEW, ARE THE QUALITIES THAT A LAW STUDENT SHOULD STRIVE TO POSSESS TO RAISE A NOTCH ABOVE THE REST?

    I always believed in myself. But choosing the profession is very tough and no counseling is available for that. A law student should have a habit of reading, a passion for writing and the desire to learn. As mentioned above, within these five years, in the first three years, a student should get a multifarious experience by interning with NGOs, Commissions, advocates, judges, law firms; the last two years should be career specific. A law student should never join law with a notion in mind as what to become after five years. Getting the first-hand experience of various professions via internship always helps in making a good conscientious choice.

     

    HOW SHOULD LAW STUDENTS GO ABOUT SELECTING TOPICS FOR RESEARCH PUBLICATIONS?

    My response is again in tandem with my last response. For the first three years, topics should be diverse. My suggestion is that always choose a topic which is closely related to the project or assignment you have been given, as writing a reasonable paper takes at least a month of research. Topics should be contemporary, with a question of law which the existing research is not able to answer properly. Lastly, don’t waste time in finding an opportune moment to write. Just write and publish it wherever you can, be it law blogs or school magazines. Once you start writing, the quality will improve and trust me – this habit is addictive.

     

    YOU ARE THE FOUNDER OF “LAW LEX ORGANISATION”. COULD YOU PLEASE TELL THE MOTIVATION BEHIND THIS?

    Lawlex started with an aim of educational enhancement of law students all over India. In India, there are more than 1500 law colleges but the students are unaware as to the opportunities available to them. There is an information void. Secondly, I always wanted to do social work. I was associated with a blood donation organisation at J&K wherein we organised massive blood donation camps. This inspired me to start the NGO. Thirdly, at the time when limited platforms were available for students to write, Lawlex tried to fill that gap. We have the privilege of having provided more than 800 internships in the past years. With a subscriber base of more than 20,000 users, Lawlex has become one of the well know legal portal in India.

     

    WHAT ARE THE BIGGEST CHALLENGES THAT YOU HAVE HAD TO GRAPPLE AS A PROFESSOR? WHAT HAVE BEEN THE BIGGEST SUCCESSES SO FAR?

    Teaching profession of the present time is not a cakewalk. Every day is a new challenge. As a young faculty, mistakes are bound to happen. Teachers are also learners and students should accept this. The biggest success for a teacher is when a student fairs well.

     

    COULD YOU LIST OUT THREE ACTIVITIES WHICH ON A SCALE OF PRIORITY, SHOULD BE AT THE TOP IN ANY LAW STUDENT’S SCHOOL-LIFE?

    Academics (This is what you’re for in a law school. don’t get distracted)

    Co-curricular activities (This is what will give you an edge and will foment your skills)

    Networking (This is your getaway for a job. Meet new people wherever you go)

     

    LASTLY, WHAT WOULD BE YOUR MESSAGE TO YOUR STUDENTS?

    You cannot change your past but changing your destiny is in your own hand. There is no alternative to hard work. Identify your talent area and make the best use of it. If you are good in Mooting, go for that. If you are good at debating, debate more. If you have a good hand in research, publish good research papers. If you want to develop leadership skills and network, the intern with top legal portals. Just don’t rest, keep running.

     

     

  • Shrutti Rajgarhia, President, Network for International Law Students, India, on pursuing Masters from Cornell Law School and being a professor

    Shrutti Rajgarhia, President, Network for International Law Students, India, on pursuing Masters from Cornell Law School and being a professor

    Shrutti Rajgarhia pursued her bachelor’s degree from Government Law College, Mumbai in the year 2014. She went on to pursue her Masters from Cornell Law School, the U.S in the year 2015. She worked as an Assistant Professor with NMIMS School of Law, Mumbai. She is currently serving as the president of Network For International Law Students, India and the National Lead for Development Policy with One Future Collective.

    In this interview, we speak to her about

    • Her experience at Govt. Law College, Mumbai;
    • Advantages of having a Post Graduate Diploma in Journalism;
    • Her experience on being a professor at NMIMS School of Law; and
    • Being an activist and social worker.

     

    WHAT COULD BE A SHORT INTRODUCTION OF YOURSELF?

    Shrutti Rajgarhia is an upcoming lawyer, who graduated from Government Law College and received her Master’s in Law (LL.M) from Cornell Law School. Besides being outstanding at academics, she is a very passionate about human rights, with a special focus on access to education for all, volunteering (she feels there is nothing better than working for the upliftment of the community, without expecting anything in return), and food photography (because it gives her an excuse to eat and capture some of the most beautiful moments of life). Currently, she is the National Lead for Development Policy with One Future Collective (onefuturecolletive.org)

     

    TELL US ABOUT YOUR YEARS BEFORE LAW SCHOOL. WERE THERE PARTICULAR CHILDHOOD INCIDENTS THAT PROVED TO BE AN INSPIRATION FOR YOU?

    Not many people know this (now I guess they will) but I wasn’t the brightest bulb in school (attended Bombay Scottish School). Low on self-esteem and confidence due to a stammering problem, I barely made it through my courses. I did not understand self-confidence, let alone the massive impact it can have on a person’s life until I graduated school. Sadly, the confidence came from my 10th board results. The reason I say sadly because marks should never be the yardstick to measure one’s capability. But, unfortunately, that’s how our education system has ‘educated’ us to think.

    It was also at this point that I realized the importance of standing up for myself and for people who may not be able to stand up for themselves owing to various circumstances (my own example while in school). It was this thought that led to my decision to do law.

     

    HOW DID THE OPPORTUNITY TO STUDY LAW AT THE OLDEST LAW COLLEGE IN ASIA BENEFICIAL TO YOU? WOULD YOU LIKE TO SHARE ANY MEMORY?

    Government Law College is a very significant part of my life. When I look back to those fives years of BA., LLB, there was a lot that went by in between the Jhabvallas and Mokals. There are many life-defining situations but my most memorable was being General Secretary of the Placement Committee at Government Law College (GLC). I wasn’t sure I wanted to take up the position, in fact, deep down I knew the answer was a straight no. However, one of my closest friends now and then senior at GLC, Manvendra Singh Bhatti, encouraged me, no he actually demanded that I take this position up and refused to take no for an answer. And I’m glad I did because it has contributed immensely to the individual I’m today.

    Recruitment is hard, especially when you have 90% of the law firms and the corporate bodies; wanting to recruit National Law School students over GLC students. Convincing them to come on campus and pulling off two placement weeks, was nothing but the team effort. I had the most hardworking and enthusiastic team. They were as passionate as I was, to get placement for as many seniors as we could. And that’s why we decided to do two placements (it was a new model); one in September and one in January, providing more employment opportunities to our students.

    From managing the staff at GLC, coordinating with other committees and their events, synchronizing the work and updates from over 50 team members, taught me to multi-task and more importantly, to multi-tasking well. It taught that everything will come and go, but the people you work with are extremely important and respecting them comes before anything. A very famous quote by Voltaire will sum up what I learnt from this experience, “I may not agree with what you say, but I will defend to the death your right to say it”.

     

    YOU HAVE VOLUNTEERED RIGOROUSLY DURING YOUR LAW SCHOOL FOR A NUMBER OF ORGANISATIONS. WHAT MOTIVATED TOWARDS SOCIAL WORKS?

    I realized at a very early age that giving back to society is important. There are too many people in the world, who need help and not enough that are extending the help. Volunteering enables a person to help without expecting in return. It’s a platform that allows you to experience the joy of giving. For me, it was education. I strongly feel that imparting education is one of the best gift’s anyone can give to the community. Yes, you can give clothes, food etc. but all of these are perishable and people are going to run of them at some point. But education- it sticks. Nobody can ever take that way from a person. In my opinion, it is the golden ticket. The golden ticket of empowerment.

    Human rights mean living life with dignity. They are rights every individual is entitled to because he/she is a human being and we as lawyers are responsible to uphold this right and stand for justice.

     

    WHAT WERE THE BIGGEST CHALLENGES THAT YOU HAVE FACED DURING THE SOCIAL WORKS THAT YOU HAVE UNDERTAKEN, AND HOW DID YOU OVERCOME THEM?

    Groundwork is where reality exists. It’s where the actual work happens. It’s also where connections are built. What do you do once your volunteering time is up with the organization? How do you keep in touch? The children you teach, the staff you train become a part of your life. But, you also have other responsibilities to take care of- a job, a family. The hardest part for me was to keep in touch with the organizations I worked for. Virtually being available is never the same as physically being around to help. The organizations get new volunteers and you go on with your life. The connection that is built with the children is very valuable, for them and for you. That’s something I’m still working on. Working on trying to help make that connection long-lasting.

     

    WHY DID YOU SELECT CORNELL LAW SCHOOL FOR YOUR MASTERS? WHAT ACTIVITIES DID YOU ENGAGE IN THERE BESIDES ACADEMICS?

    Cornell, had a very interesting mix of International Law subjects, that I was keen on pursuing. I tried to involve myself in a few things there- worked at the veggie salad bar after class, interned with the Agricultural Sciences department, took classes at the B-School, honed my photography skills by taking off on the beautiful trails around Ithaca. Pursuing a Masters abroad definitely gives you a very different perspective about life and people. It also gives you a chance at getting to know yourself better. It helps you venture out of your comfort zone and explore opportunities, you didn’t know even existed.

     

    WHAT WAS YOUR MOTIVATION BEHIND PURSUING MASTERS AND WHEN DID YOU FINALLY DECIDE TO PURSUE HIGHER STUDIES?

    I realized in my second year of law school, that I wanted to pursue a Masters in Law. I wanted to experience the Socratic method of teaching (method of teaching involving asking and answering questions, that helps develop a critical way of thinking and arriving at conclusions). My main idea behind pursuing a Masters was to study varied courses on International Law, to understand the international community better.

     

    WHAT ARE THE KEY INGREDIENTS OF A WELL WRITTEN SOP? CAN YOU MAKE IT PERSONAL? WHAT SHOULD BE KEPT IN MIND WHILE WRITING SOPS?

    There is no set format for a Statement of Purpose. The answer to what to keep in mind is in the term itself- ‘Purpose’. Everyone’s idea behind pursuing a particular course is different, everyone’s experiences are different, so how can the way you write a Statement of Purpose be the same? I have always maintained that a Statement of Purpose is an individual’s life story; it is who they are and who they want to be; it is their journey. Like nobody should tell you how to lead your life, nobody should tell you how to write your own life story, when it comes to writing a Statement of Purpose, for a college application.

     

    YOU HAVE AN ADDITIONAL DEGREE OF POST-GRADUATE DIPLOMA IN JOURNALISM STUDIES AND IN HUMAN RIGHTS. DO YOU THINK THESE DEGREES WAS AN ADVANTAGE IN YOUR CAREER PROGRESSION?

    A P.G Diploma in Journalism is something I pursued because I’m passionate about writing and wanted to get some formal guidance on it. K.C College of Management Studies was a great choice because the faculty at this institute was incredible. Besides, learning a lot about the media, about the know how’s of journalism, I learned a lot about quick knacks on writing. This did help me in my work life. But the aim of taking this course was more to have fun writing and less for any professional gain. The Human Rights course that I’m currently pursuing is to understand the technical aspects of human rights better. Since I feel so passionately about it, I wanted to get a better, holistic understanding of it from the legal standpoint as well as from the developmental side. My advice to students pursuing diploma courses is, do it because you are learning something not because you think it will look fancy on your resume.

     

    WHY DID YOU DECIDE TO TAKE UP TEACHING AS YOUR CAREER OPTION, DESPITE THE FACT THAT OTHER OPPORTUNITIES WOULD HAVE BEEN MORE LUCRATIVE?

    Teaching at NMIMS, School of Law was one of the best decisions I’ve made. Teaching is sacred to me. I’m super passionate about it and come from the school of thought that it is a two-way street. The teacher not only teaches the students but can also have a lot to learn from them. You’d be surprised the amount students have to share. You just have to keep an open mind about it. There have been many instances where I walked out of class with more information than I walked in with. Teaching for me is about sharing my experiences and learnings. It’s about motivating young people to go out into the world and make a difference. It’s about challenging students to walk out of their comfort zone and embrace differences. It’s about educating them about the right and wrong and encouraging them to fight for justice. Teaching isn’t about teaching from a textbook, it’s about using practical examples and helping mould the way students think. Most importantly, I think it’s about letting students decide what kind of lawyers they want to be; what kind of change they want to bring about and letting them know that they have the capability of bringing about that change.

     

    YOU HAVE BEEN RECENTLY SELECTED AS A PRESIDENT OF NETWORK FOR INTERNATIONAL LAW STUDENTS. COULD YOU PLEASE TELL US A BIT ABOUT THIS ORGANISATION AND HOW DO YOU WOULD LIKE TO MAKE YOUR CONTRIBUTION TOWARDS THE ORGANISATION?

    The organization aims to further the legal education and the legal profession around the globe. You can read up more about the organization at https://www.nilsinternational.org/

    I’m fortunate to get an opportunity to contribute to the tremendous work this non-profit organization is doing, thanks to Mr. Pratik Bakshi. The aim of NILS, India would be, to create more awareness about law and justice, give students access to new opportunities of learnings in the legal field, help make law students more socially responsible and in all, help law students sitting in India, get an international exposure through our partners across the globe, through interactions with students from different countries and so on.

     

    WHERE DO YOU SEE YOURSELF IN THE NEXT FIVE YEARS, AND WHAT ARE THE CHANGES YOU EXPECT TO BRING ABOUT IN SOCIETY TILL THEN?

    Thinking of five years down the line is too far away. I don’t know what my life will look like 5 days from now. But, I hope my actions today, help build a strong community in the future. A community with more access to education, with more tolerance for differences and with more hands to help. To all the young people reading this, go out and help your communities, in whatever way you can. A community is a true reflection of the people who build and nurture it.

    LASTLY, WHAT WOULD BE YOUR MESSAGE TO OUR READERS?

    I actually have two pieces of advice that I’d like to share. These are two great pieces of advice I received as a law student:

    Don’t wait for the right moment. There is no such thing as a right moment. The moment is right when YOU decide it’s right.

    Don’t let anybody else’s journey, define yours. There is only one person in the world like you, don’t let anyone tell you otherwise!

     

  • Shubneet Panjete, Partner, Lall Lahiri & Salhotra, on a career in Trademark law, choosing specialisation,  and challenges of being a partner

    Shubneet Panjete, Partner, Lall Lahiri & Salhotra, on a career in Trademark law, choosing specialisation, and challenges of being a partner

    Shubneet Panjete completed her graduation from Symbiosis Law College, Pune. She is currently Partner at Lall Lahiri & Salhotra. She heads trademark oppositions at the firm. She has been practicing trademark oppositions and has over ten years of professional experience in the field.

    In this interview, we speak to her about

    • Choosing a specialisation
    • Challenges of being a partner
    • Roles and responsibilities as a partner
    • Importance of grades in law school

     

     

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS? PLEASE TELL US SOMETHING ABOUT YOUR PRE-COLLEGE LIFE?

    I am an Intellectual Property Attorney, graduated from Symbiosis Law College and have been working with LLS for over a decade. My specialty is in Trademark Oppositions, where I am now a Partner. Being an Army child, I had the opportunity to study in eleven schools in under fourteen years, pretty much in all corners of our country. I got to live in a lot of different towns & cities, leading a fun & adventurous childhood. This gave me the chance to make many friends and develop my social skills.

     

    HOW WOULD YOU DESCRIBE YOUR JOURNEY AS A LAWYER?

    Right from class twelveth, I knew I wanted to study & become a lawyer. I joined Symbiosis Law College in 2003 & graduated in the year 2008. As an Associate fresh out of college my knowledge was very limited. I was encouragingly guided by my seniors and Partners especially Mr. Rahul Chaudhry, the ‘Sole Proprietor’ of the firm, Mrs. Anuradha Salhotra and Mrs. Veena Poolakal, in guiding me along the way, both professionally and personally, which helped me to firmly establish myself as an Attorney. I count myself extremely lucky for finding my field of choice in the third year of college itself while doing a one year Diploma course in Intellectual Property Rights, during which I interned at various reputed IP firms. Post college I got the opportunity to join LLS in 2008 & became a Partner after 9 years of hard work. It’s been a fun learning experience providing new challenges and growth opportunities at every step of the way. As Mark Twain said, Find a job you enjoy doing, and you will never have to work a day in your life.”

     

    WHAT IS YOUR TAKE ON ACADEMICS? HOW IMPORTANT ARE GRADES IN LAW SCHOOL FOR AN ILLUSTRIOUS CAREER?

    Academics play a major role in developing any person in any field. Better grades help you in getting better opportunities faster. Also from a hiring perspective, interviewers do see the mark-sheets as a basis of a performance & consistency in the applicants. However, I am a strict believer of hard work coupled with a growth mindset. Even if in college you weren’t a star or a great student, you can always catch up and push forward your career with dedication and commitment. I personally have seen many friends and colleagues with stellar careers who academically weren’t that good, to begin with.

     

    HOW FAR DID YOUR INTERNSHIPS DURING LAW SCHOOL HELP YOU IN YOUR CAREER AFTER YOUR GRADUATION? HOW WOULD YOU RECOMMEND THE PRESENT LAW STUDENTS PLAN THEIR INTERNSHIPS?

    As mentioned before my internships helped me find my area of interest. I personally tried interning in different legal fields, before realizing they didn’t appeal to me. My suggestion would be to shortlist your areas of interest, organize them in order of personal preference, and then use the internship opportunities judiciously to focus in on your field of choice. In case you find your calling early, focus on it. In case you don’t find it after a few experiences, keep pressing forward.

    Secondly, internships are extremely important as they help students connect and understand the theory they study with the actual practice of law. Today’s structure of a five-year course offers you the opportunity of at least 10 internships. Even for graduates pursuing a three year LLB, internships can teach and expose the candidate to a lot.

     

    HOW DID YOU CHOOSE YOUR SPECIALIZATION? HOW DID YOU GO ABOUT ATTAINING EXPERTISE IN THEM?

    Once I’d shortlisted IP as my field of interest, I interned at many reputed IP firms to gain perspective about the field, and the firms as well. I did my internships in Bangalore & Delhi. I’d shortlisted a few firms where I’d ideally like to start my career. Post college I interviewed & got the opportunity to join LLS, which was at the top of my list. Since then I have been a part of the LLS family.

    My expertise in trademark oppositions came with learning while working on matters and more importantly with the clear, structured way in which LLS operates. The workflow is divided as per functional departments & not portfolios. As a result, my expertise in oppositions grew much faster and in a focused manner than it would have in another firm. With Partners and Head of Departments at the helm providing instructions, explanations, guidance, and encouragement, the learning was easy. With their mix of close management and independence, great work output and attention to client satisfaction got implanted in my daily work life. My seniors saw my eagerness & dedication to work, resulting in the Partners guiding me and helping me reach the position of a Partner myself.

     

    WHAT WOULD BE YOUR ADVICE TO STUDENTS WHO ARE LOOKING TO MAKE A CAREER IN IPR AND MORE SPECIFICALLY IN TRADEMARK?

    Students who have shortlisted IPR as a career choice should definitely intern in a few IP firms to grasp the practical aspects. I can’t stress enough on the gap in the theory and practical aspects of the law that can only be learned while interning. If you have the interest, aptitude but more importantly are willing to work hard you can succeed in any field, including trademarks. Like all legal fields, reading plays a crucial role. Keep updated on case laws related to trademarks, keep a track of impactful judgments, changes and latest developments helps you being sharper than your competition.

     

    HOW CHALLENGING IS YOUR ROLE AS PARTNER, TRADEMARK OPPOSITIONS? WHAT ARE YOUR ROLES AND RESPONSIBILITIES?

    Being a Partner in one of the best IP firms in the country is obviously a very challenging task, which motivates me to focus, grow, adapt and respond to new challenges and opportunities every day.

    I manage the trademark opposition and rectification practice of the firm for multi-national and Indian clients across all section of the industries. I am responsible for the complete management of all trademark opposition & rectification related work from my team, starting from advising clients on trademark protection strategies, including drafting and filing oppositions, cancellations, preparing evidence in support of proceedings, attending hearings etc. before the Trade Marks Registry and Intellectual Property Appellate Board. All this has to be executed in a timely manner & to the satisfaction of our client. My main job is to guide the team, ensure removal of all bottlenecks that they face in their work, and being responsible for the entire opposition and rectification value chain results.

     

    WHAT ARE THE SKILLS ONE NEEDS TO DEVELOP TO SUCCEED IN THE LEGAL PROFESSION?

    To put this across in a concise manner, you need to develop strong reading and comprehension skills along with a decent vocabulary. Also, objective analytical skills along with good communication skills will go a long way in enhancing your convincing powers towards resolving matters.

     

    WHAT IS THE PROCEDURE FOR A LAW STUDENT TO APPLY FOR INTERNSHIP AT YOUR FIRM? HOW DO YOU SUGGEST THE STUDENTS CONVERT THEIR INTERNSHIPS TO PPO?

    Anyone one interested in interning at our firm can simply send their CV’s via email to gpo@lls.in. The concerned persons will review and get back to the selected applicants.

    Converting an internship into a PPO I think has a universal formula. Work hard, show your interest in the field and connect with the required department head on completion of your internship.

     

    LASTLY, WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS?

    Choose your career as early as you can. Thereafter stay focused, do your best, grab opportunities, work hard and enjoy life.

     

     

     

  • Lomesh Kiran Nidumuri, Partner, IndusLaw on LL.M from New York University School of Law, writing SOPs and maintaining work life balance

    Lomesh Kiran Nidumuri, Partner, IndusLaw on LL.M from New York University School of Law, writing SOPs and maintaining work life balance

    Lomesh Nidumuri is a graduate of Delhi University. He also holds a Masters in Law from New York University School of Law. Prior to joining IndusLaw, he has worked at Bharucha & Partners, and Dua Associates.  Asian Legal Business (ALB) featured him in its annual list of “Forty Under Forty ” lawyers in the Asia-Pacific region for 2017. Lomesh’s current practice involves civil and commercial litigation.

    In this interview we talk to him about:

    • His LL.M from New York University School of Law
    • Importance of higher education
    • Tips on writing SOPs and traits required to  bag a scholarship
    • Maintaining a work-life balance being a Partner

     

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    Thanks very much for having me here for the interview. I must say that to be featured as a “Super Lawyer” is a bit of a misnomer, as far as I am concerned. I still have a long way to go and there is so much waiting to be achieved. However, I am giving this interview with the hope that students can benefit from my experiences, and perhaps give them some direction.

    I am a dispute resolution partner of IndusLaw based out of Bangalore. I have been exposed to all kinds of litigation and with time I have focussed my practice more on arbitration and commercial disputes. Apart from lawyering, I love playing all kinds of sports (particularly football, cycling, and squash) and spending time with my four-year-old son. I love listening to music – particularly psychedelic rock of the 1960’s and 1970’s, blues, jazz and classical. I try and catch up on general reading as much as possible – biographies/autobiographies of great men tested by adversities, espionage, and politics, are some of the genres of books I like.

     

    WHY DID YOU CHOOSE TO PURSUE A DEGREE IN LAW, AMIDST THE MANY OPTIONS THAT YOU HAD AFTER SCHOOL?

    Growing up, I had a profound interest in a wide range of subjects such as history, politics, geography, civics, physics, and astronomy. I was and continue to be deeply passionate about our defence services. All through my school and college, I was actively involved in extracurricular activities such as debates and elocution, apart from sports. Our education system was a nightmare for someone like me! The choices that are offered in our education system are very rigid and choosing my career path wasn’t easy. I had always liked the idea of being a lawyer in court arguing cases for clients. I was fascinated by the fact that the great freedom fighters of our country were all lawyers and they used their knowledge to ignite the minds of a nation. However, as an eighteen-year-old, just out of Class 12, I wasn’t in a position to firmly decide my career path unlike some of my friends, who somehow had everything figured out!

    While I continued to be fascinated by law, I didn’t want to take a decision that may be influenced by some television drama series or fiction books (which was the case with some of the people I know, who now regret their decision to take up law). It was in my second year of commerce degree that I was finally convinced of my decision to take up law. I realised that no other profession could make me happier and I was more at ease logically analysing the principles of business law (which was a subject we had to study), rather than drawing up balance sheets and profit and loss accounts. I still recall the books of the great Mr. Nani Palkhivala being distributed in my college, which had a very profound effect on me. It also made me realise that law was my calling. I don’t come from a family of lawyers. As a first-generation lawyer, the decision had to be entirely mine. My parents were extremely supportive. In fact, my father later told me that he was sure that I would either become a lawyer or a politician, since I showed keen interest in public speaking from a very early age, which apparently was fuelled by the manner in which I always tried to argue my innocence (though unsuccessfully) before my venerate father! But, he did not let that influence my decision, which he said ought to be entirely mine.

    In fact, pursuant to the campus placement at St. Josephs College of Commerce (where I completed my bachelors in commerce degree), I had got placed into a reputed organisation offering a huge salary (by industry standards in 2001). I turned that down to study further and become a lawyer. My professor pulled me aside and thought I was nuts – because I would be earning more than what he did – after twenty years of his teaching experience! However, by then, I was sure of what I wanted to do and never looked back. I am so glad that I finally chose law as my profession as there are few professions that are as challenging, intellectually stimulating, and give you that sense of independence and ability to make a difference to people’s lives.

     

    TELL US A LITTLE ABOUT YOUR DAYS IN LAW SCHOOL. IS THERE ANY SPECIFIC ANECDOTE THAT MEANS A LOT TO YOU, WHICH YOU WOULD LIKE TO SHARE WITH OUR READERS?

    I pursued law from Campus Law Centre, Delhi University. I am fortunate that some of the best professors in the country (Professor M.P. Singh, Professor M.C Sharma, Professor B.B. Pandey, Professor Kamala Shankaran, to name a few), who later went on to become Deans/Vice Chancellors of other universities, taught me the law. They made me look at law very differently and instilled in me the importance of having a deeper understanding of the principles on which law was founded, and not just superficially. I utilised my time not just by reading law books, but also books about law and general reading, which has held me in good stead even today. I think as a lawyer it is important to be adept not just at law but also other subjects, as this makes a person develop a more rounded personality.

    Unlike the other law schools, Campus Law Centre didn’t pamper us. We did not get much institutional support for internships and placement. We were left completely on our own – and it was up to us to make the most of the time and resources we had. Since nothing would be served on a platter – I had to go out there, express myself, to achieve my goals and aspirations. In the process, I also faced few rejections and snide remarks. These experiences toughen you up as a person and instills a sense of grit and determination to fight against any odds. These are life lessons that no formal education can ever teach.

     

    WHAT WERE THE ACTIVITIES, ACADEMIC OR OTHERWISE, THAT YOU UNDERTOOK IN YOUR LAW SCHOOL DAYS WHICH IN YOUR OPINION HAVE SHAPED YOU AND YOUR CAREER?

    I actively took part in moot court competitions. The thrill of researching deeper into law, developing arguments and counter-arguments, and presenting your point of view before a panel, was exhilarating. I wrote few articles but regret not having written more. I also undertook few projects with NGO’s, which was satisfying, as I could see the profound influence that law could have, in making a significant change to the society. I was just very curious and fascinated about the law in general, and didn’t prepare for exams, merely with a view to obtain good grades. This also helped me a great deal in the years to come. While the law school days lay a good foundation, I truly believe that the education for a lawyer begins when he/she starts practicing litigation. Everybody starts with a clean slate upon graduation. Success in the profession entirely depends not just on your ability to work hard with sincerity and dedication, but also doing it smartly!

     

    WHAT KIND OF INTERNSHIPS DID YOU ENGAGE IN DURING YOUR STUDENT YEARS WHICH YOU FEEL WERE INVALUABLE TO YOU IN REACHING YOUR CURRENT POSITION?

    I took up law for the sheer joy of presenting arguments before a court/tribunal. Therefore, in my first year of law course itself, I was certain that I would become a litigator. My internships were focussed mainly on litigation. I did an internship with an NGO as well. Just to be very sure of my career path, on the advice of my well-wishers, I reluctantly applied for a corporate internship in a reputed law firm in my final year of law. However, in that corporate internship, I was so bored reading only agreements, that I ended up going to courts and assisting the litigation team! I just couldn’t get myself to do anything other than litigation.

     

    WE SEE THAT YOU’VE COMPLETED YOUR LL.M IN NEW YORK AT THE NEW YORK UNIVERSITY SCHOOL OF LAW. WOULD YOU SAY HIGHER STUDIES ARE RELEVANT FOR A CAREER IN LAW?

    If the candidate is looking at a career in research or teaching or taking specialised jobs at the United Nations, working abroad etc., then LL.M is certainly important. However, LL.M is not crucial for pursuing a career in litigation in India. For litigation, it is about the relevant experience before courts/tribunals. However, pursuing an LL.M certainly has advantages. It’s the whole experience of living in a foreign country and pursuing masters from a reputed university, which is invaluable and adds multiple dimensions to your personality. One gets to meet and network with students from different jurisdictions and learn from the experiences of other students. This helps in understanding people from across jurisdictions and broadens perceptions. The manner in which law is taught in reputed foreign universities is certainly an experience to cherish. LL.M also helps boost your credentials with clients and people you interact. You must keep in mind that studying abroad is very expensive if you don’t have a scholarship. So, please assess your priorities and the finances, before deciding to pursue masters.

     

     

    WHAT DOES THE CV OF A STUDENT SEEKING ADMISSION IN A PREMIER UNIVERSITY OFFERING AN LL.M PROGRAM HAVE TO LOOK LIKE? WHAT ARE THE FACTORS LOOKED INTO AND WHAT ARE THE ACTIVITIES THAT THE INTERVIEWERS REGARD FAVOURABLY?

    In addition to a good academic background, the foreign universities take note of the candidate’s extra-curricular activities and the statement of purpose (SOP) which the candidates are required to submit. The candidate must have displayed his/her genuine interest in specialising in that area of law, through academics, publications or relevant work experience. It is also important to highlight how the course would help achieve the future goals and aspirations of the candidate. One must keep in mind that the evaluators probably read thousands of SOP from candidates across the world. It is therefore important to spend some time thinking and writing the SOP and make it as interesting and creative as possible. The originality of thought is the key – as it not uncommon to see candidates writing their SOP after obtaining some templates/drafts from students who have already studied abroad. The candidate must be honest and lucid in expression. It is important to plan and start the application process early. Many times, students miss the bus for scholarships (both at the university that they are applying to and the scholarships granted by various entities in India), since they start the application process late.

     

    HOW IMPORTANT ARE GRADES, IN YOUR OPINION? TO WHAT EXTENT DOES ONE’S GPA AFFECT ONE’S CHANCES OF SECURING ADMISSION FOR HIGHER STUDIES ABROAD, OR SECURING A JOB IN A TOP NOTCH FIRM?

    Good grades certainly increase the chances of securing admission at a premier institution. However, it is not the sole factor. American universities particularly, don’t focus primarily on good grades, and the candidature is assessed more on other factors such as – a quality of the SOP, relevant experience and publications.

     

    WHICH IS THE IDEAL TIME TO DO AN LL.M? RIGHT AFTER UNDERGRADUATE STUDIES, OR AFTER A FEW YEARS OF PRACTICE POST UNDERGRADUATE STUDIES?

    It is always advisable to pursue an LL.M after few years of work experience, to enable the candidate to take a mature decision on the area of specialisation. Quite often, candidates fresh out of law school apply for LL.M, without having a clue about the practical aspects of that area of law. The difference between a candidate pursuing LL.M just after law graduation and a candidate pursuing LL.M after having worked for few years is quite stark and evident at the foreign universities. The only flip side of doing an LL.M after few years of work experience is that there would be a break in continuity of practice, which may have an impact in the short run. However, if the scales have to be weighed, it would be better to pursue LL.M after few years of work experience.

     

    YOU HAVE WORK EXPERIENCE IN BOTH BANGALORE AND MUMBAI. WHAT ARE YOUR VIEWS ON THE WORK CULTURES IN THESE TWO CITIES, WITH SPECIFIC REFERENCE TO THE LEGAL SCENARIO AND WHICH DO YOU PREFER/RECOMMEND?

    The work cultures in Mumbai and Bangalore are different. Each jurisdiction has its pros and cons. I thoroughly enjoyed my stints at both these jurisdictions. Most traditional litigation lawyers/law firms tend to focus more on the legal issue at hand, and not as much on client service. We forget that as lawyers, we are in the service industry, where the interests of clients are paramount. Working in Mumbai taught me the importance of professionally managing clients and servicing them effectively – lessons that have proved invaluable to me.

    For litigation, it is important to work in the jurisdiction that you belong to. This is from the perspective of getting new clients, having the comfort of being at home, and establishing your name in your jurisdiction. However, there is no hard and fast rule, and what you make out of your life is entirely in your hands.

     

    BACK IN YOUR STUDENT YEARS, DID YOU EVER SEE YOURSELF BECOMING THE PARTNER OF A FIRM AS REPUTED AS INDUSLAW, SOMETIME IN THE FUTURE? WHAT DID IT TAKE TO GET HERE?

    I did not think too far ahead. I took it one step at a time. I just wanted to be a litigator and pursue this passion. My goal has always been to excel in what I do. As long as I earn the respect of my colleagues, clients, and members of the profession, I would consider that an achievement. I did not think too much about getting promotions within the firm or earning laurels, all of which, in the greater scheme of things, is rather nebulous and superficial.

    What it took to get me here? – Well, like Santiago in Ernest Hemingway’s ‘The Old Man and the Sea’, one just has to keep the faith, work hard, believe in their abilities, and stay the course, notwithstanding the numerous obstacles that life and profession throws at you. I have no Godfather in the profession and I don’t come from a family of lawyers or Judges. Whatever I have set out to achieve in this profession would be on my own merit.

     

    GIVE US A BRIEF CAPSULE OF THE LIFE OF A PARTNER AND YOUR AVERAGE WORKING DAY EXPERIENCE.

    Life as a partner in a reputed firm like IndusLaw is very challenging, and that’s what makes things interesting. Partnership certainly entails more responsibility. I try and do my bit to contribute to the firm and that’s how I look at each day. My working day is like the life of a typical litigation lawyer – attending courts/arbitral tribunals, preparation for the matters including drafting, research, trial, and arguments, meeting clients and advising them on their case, attending to calls and responding to the incessant emails. In addition to this, as a partner, I spend considerable time on building the team practice, the internal processes within the firm and supervising the work of junior colleagues. I speak at conferences and try and find time to write articles. Managing time and priorities is crucial. To keep myself sane, I try and hit and gym and play sports as often as I can! I am fortunate to be surrounded by extremely talented partners, each of who, add unique strengths to the firm. The senior partner in our dispute resolution team Srinivasa Raghavan is one of the most brilliant lawyers that I have worked with. The other litigation partner Nikhilesh Rao is also very competent. The associates who report to me are very talented and hardworking, and I have the greatest admiration for each of them. I am sure they will all go places. I am lucky to be surrounded by such talent, and I relish this huge responsibility to drive the team and the firm forward.

     

    HOW IMPORTANT ARE GRADES, IN YOUR OPINION? DO YOU BELIEVE THAT THE INDIAN LEGAL EDUCATION SYSTEM IS CONDUCIVE TO ACTUAL LEARNING, OR HAS IT ALREADY BECOME A BLIND RAT RACE?

    More than good grades, I would urge the students to focus more on understanding the law better and spending time thinking about the finer nuances of the law. Getting good grades is only incidental. A good solid foundation would obviously go a long way and help shape a good litigation practice. In my view, even a candidate with average or below average grades can make it big in litigation with hard work, dedication and working smartly. The students today have more access to information and resources, and the opportunities in the legal industry are tremendous.

    I do believe that the education system in India has become a blind rat race. The education system must be robust and conducive to learning. I don’t think the focus of our education is on building leaders. It is not designed for students to think out of the box and be imaginative and creative. The system bogs students down with traditional and regressive thinking and is not aligned with the practicalities of the legal world.

    In my conversations with students and interns, I realise that they are impatient and in a great hurry to achieve success. They are probably of the notion that litigation is a hundred metre sprint, whereas, it is a marathon, where the ones who persevere would ultimately prevail. My former senior and mentor in the profession Mr. K.G. Raghavan (Senior Counsel, Karnataka High Court), who I have the highest regard, admiration, and respect for, always advised me to pursue knowledge and skill, and not chase money, which he said would eventually come. In his words, there are many people who have money, but only the lucky few have money and education!

     

    IF GIVEN AN OPPORTUNITY, WHAT WOULD YOU DO DIFFERENTLY IN YOUR CAREER JOURNEY UP TO THIS POINT? WHAT COMMON CAREER RELATED BLUNDERS SHOULD A STUDENT DEFINITELY AVOID?

    I don’t have too many regrets. However, given a choice, and if I can travel back in time, I would have enlisted myself for the Territorial Army just after graduating law, which would have given me the flexibility of enlisting for the armed forces, while continuing with my regular law practice. With family and commitments, it is almost impossible to pursue that now.

    The biggest blunder that you can do is not being true to yourself. As long as you are true to yourself, the career decision and the path will follow. Please don’t decide to take up something because you perceive that to be a commercially viable decision – but take up something that you genuinely are passionate about and enjoy, and the success will follow.

    For the ones looking to litigate, I would advise them to spend the first few years in the trial court and learn the nuances of the procedure, evidence, and trial, before practicing at the higher courts. This will lay a good solid foundation and better equip them in litigation practice. Today, many students are enamoured by arbitrations – they have their own perceptions of what this entails. It is somehow believed that a good understanding of the Arbitration Act, would make them very good arbitration lawyers. This is not entirely true. While knowledge of the arbitration laws is certainly important, one must not lose sight of the fact that arbitration proceedings are nothing but a civil claim that is being adjudicated before an arbitrator, where the proceedings are less formal and more effective. Though the rules of evidence don’t apply to an arbitration, it is the ability to better appreciate the nuances of the evidence and the art of cross-examination that ultimately decides the outcome of the case, and makes you stand out as a good arbitration lawyer.

     

    IS THERE ANY OTHER SUGGESTION YOU WOULD LIKE TO GIVE TO OUR BUDDING LAWYERS?

    Follow your heart and passion, and work hard with all sincerity and honesty. You may not achieve instant success, but with sustained effort and dedication, you will find success and happiness in whatever you do. In this materialistic world where there has been degradation of values and character, and the society filled with naysayers, don’t lose sight of the strength of your own character and integrity, which should always act as your guiding force. Chase your dreams, and no force can stop you from achieving what you want to. In the process, please make some time for your hobbies and interests. Surely, there is more to our lives than just law!

     

     

     

  • Sonal Kumar Singh, Managing Partner, AKS Partners, on managing his firm, studying at Kings College London, and importance of higher education

    Sonal Kumar Singh, Managing Partner, AKS Partners, on managing his firm, studying at Kings College London, and importance of higher education

    Sonal Kumar Singh graduated from CCS University, Meerut, the batch of 2006. He then went on to pursue his Masters from Kings College London. He is currently Managing Partner at AKS Partners, where his work includes business development, to reach out to clients, execute the work and also handle the team well.

    In this interview, we speak to him about:

    • Studying at Kings College London
    • Tips on writing SOPs and traits required to  bag a scholarship
    • Importance of higher education
    • Managing his own firm.

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS? PLEASE TELL US SOMETHING ABOUT YOUR PRE-COLLEGE LIFE?

    I am a corporate and dispute resolution lawyer and the Managing Partner of AKS Partners (formerly known as M/s A.K Singh & Co.) My practice area involves Domestic and International Arbitration, Banking & Finance, IPR & Company Law. Law has always been my passion and there is nothing I enjoy more than working on a challenging case or issue.

    The best I could describe myself is as a person who believes that the only essence of succeeding in life is to constantly strive to learn more and more. I am an ardent believer in the saying “Life itself is your teacher and you are in a state of constant learning”.

    Apart from this, I would describe myself as a book lover and enthusiastic traveler.

    My pre-college life was more of fun and less of studies. I did my schooling from Gyan Bharati School, Delhi and opted for commerce as my stream in the tenth standard. I wanted to be either in armed forces or to be a Chartered Accountant, maybe because a lot of my friends wanted it for themselves. I ruled out armed forces as I was unable to bring my weight down from 100 Kgs till the end of my school life. Chartered Accountancy ruled me out when I was not able to clear my Intermediate Exams. At that time “Law” chose me, as while pursuing my LL.B. (which I was doing more as a side subject), I got an offer from King`s College London to pursue my LL.M. Lot of my friends who were also aspiring to do their LL.M. from Kings College London were more excited than me for my offer.

     

    HOW WOULD YOU DESCRIBE YOUR JOURNEY AS A LAWYER?

    I would say that my journey as a lawyer started right from the day I started my Masters in Law from Kings College London. I always believed that apart from your course studying, it is very important to interact with the dignitaries of the legal fraternity and gain as much practical knowledge and exposure as one can. While studying, I firstly interned with British Institute of International and Comparative Law based in London where my work profile was of a “Researcher”. During this internship, I extensively researched for a book “Damages in International Investment Law” which was published by BIICL. The author was kind enough to acknowledge my contribution to his work and mention the same in his book.

    After this, I started working with a London based NGO which helped the physically disabled people to get their claims and justice. Fortunately, after my course finished, I had the opportunity to work with and assist Professor Martin Hunter, a renowned dignitary in the field of arbitration. I worked with him as a Research Assistant where I was given extreme exposure to legal knowledge, the working strategies, and atmosphere of a foreign lawyer/firm. After this overwhelming experience of mine, I came back to India where I joined the practice and since then have been constantly working as corporate and dispute resolution lawyer. Meanwhile, I also cleared my exam for qualifying as a Solicitor in England & Wales.

    Over the last 12 years of practice, in the capacity of a partner of AKS Partners (formerly known as M/s A.K Singh & Co.), I have had the opportunity to work with and represent few of the top International and Government companies and clients.

    So I would say my journey as a lawyer till now has been incredibly enriching and delightful but it’s just the beginning.

     

    HOW WAS YOUR EXPERIENCE AT KINGS COLLEGE LONDON?

    Experience at King`s College London was life-changing for me. It changed me as a person. When I decided to pursue my Masters from Kings College London, the idea was to have a good time in London and also study whenever time would permit. But as soon as I landed in London, I felt differently about myself. On the first day of college, I gave my name for the post of Treasurer for the election of LL.M. Student Committee. I was surprised with my self as I had never taken such initiatives in India. It was just a beginning for me, as I started participating in everything that came my way, be it debating competitions, moot courts, mock courts, student elections and so on. Moreover, I really enjoyed the style of teaching and the exams. For the first time I came across the term “open book exam” and I was very excited and confident as well to top the College as we were permitted to take any book in the examination hall. My happiness was short-lived, as the examination paper was designed in such a manner that it was not possible to find questions in the book and write the paper unless your concepts were clear.

     

    WHAT ARE YOUR VIEWS ON THE IMPORTANCE OF HIGHER EDUCATION?

    I have always believed that higher education whether in India or abroad gives you better prospects and opportunities. These days in order to have a specialization of a particular law, most people pursue Masters in Law to enable them to choose a particular field of law and getting specialized knowledge in the same. Obviously, great skills and higher education gives a person an edge over others in the job market. But most of all, I believe that if someone, utilizes their time well during the LL.M. it is an extremely useful exposure that anyone can get. Your way of looking at things change. You are completely by yourself and one learns to live life as it comes. Personally higher education drastically changed my personality, perception, and way of working.

     

    WHAT ARE THE NECESSARY TRAITS ARE REQUIRED TO BAG A SCHOLARSHIP FOR LLM?

    Obtaining a scholarship for LLM especially for universities abroad is not an easy task. Scholarships are either given by the universities directly or through other government or privately funded institutions. The concept of scholarship is taken very seriously abroad as they believe that scholarship shall only be given to those who truly are in need of it or truly deserve it. If one aims to bag a scholarship for LLM, it is recommended that they need to start working beforehand for the same. Earlier you start working better it is. In my experience, the most important aspects or criteria for giving of scholarship is the working or internship background of the candidate, grades of the candidate, writing skills such as publications of articles or papers are given extreme importance.

     

    WHAT SHOULD BE KEPT IN MIND WHILE WRITING SOPS FOR LLM ABROAD?

    While writing an SOP, one needs to be more realistic and clear in their vision. The purpose of SOP is to be explained in brief to the universities as to what is your background, your achievements and your aim in future.

    One should keep in mind while writing an SOP that you should be well able to communicate your thoughts and vision across and also be clear as to what is the purpose for which they want to pursue Masters and career in Law.

     

    AS PARTNER WITH M/S A.K. SINGH & CO. (WHICH IS NOW AKS PARTNERS), WHAT ARE YOUR ROLES AND RESPONSIBILITIES AND WHY DID YOU CHANGE THE BRAND NAME OF THE FIRM?

    I was promoted as a partner of M/s A.K. Singh & Co. in 2010. In the beginning, my core responsibility was to head the Arbitration and Dispute Resolution team with around ten advocates. Being a partner in charge, it was entirely my duty to do business development, to reach out to clients, execute the work and also handle the team well.

    Since then I have grown a lot professionally, as when my father Mr. Ashok Kumar Singh who was the founder of the firm M/s A.K. Singh & Co was designated as a Senior Advocate in 2015, he gave up the ownership of the firm and the working and running of the firm came majorly upon my shoulders. However there were other partners at that time, but we had to step up and jointly take the responsibility of the firm. Now in three years, with the right direction and immense support of my seniors and colleagues, we have changed the corporate name and branding of M/s A.K. Singh & Co. to AKS PARTNERS. There is a specific reason to re-brand which was to actually keep up with the market trends and to align our brand or name with the vision of the firm. Also, with the firm’s growing international practice, it was felt necessary to re-brand and rename the firm.

     

    CAN YOU RECALL THE FIRST TIME YOU APPEARED IN A SIGNIFICANT MATTER IN COURT?

    Yes, I do remember it. It`s still very fresh in my mind. Way back in 2009, I was supposed to appear in a matter with my senior. We were representing a PSU and the legal issue which was involved in the matter was ‘whether the parties are bound by the procedure laid down in the arbitration agreement, even when by subsequent exchange of letters, parties have agreed for a different procedure”. The matter was fixed at 2.15 pm before the Delhi High Court. During the lunch hours, I got a call from my Senior that he will be late and may not reach in time and as the matter is already fixed for 2.15, I should start telling the facts of the matter till the time he reaches the court. I could feel that all the blood drained down my face and my heart started falling in my stomach as I was completely not ready for it. To add to the pain, I saw Mr. Krishnan Venugopal, Sr Advocate, sitting on the other side. Though it was clear that he would be representing the Respondent, somewhere deep inside I was hoping that he is sitting to mention some other matter. I was wrong, he was opposing us in the matter. However, once I started arguing that matter, my arguments went on for almost 45 minutes. I felt relieved once I finished my arguments and turned around to see my senior sitting behind me. He didn’t say anything to me. The other side`s arguments also went on for almost 30 minutes and the order was reserved. My senior went out of the room without saying a word and I was a little confused about his poker face reaction. After fifteen minutes I saw my phone and there was a message from him-“well done”.

     

    HOW DO YOU SEE THE FUTURE OF YOUNG LAW PROFESSIONALS?

    In the last twelve years of my career, I have had the opportunity to work with young law professionals. Out of that experience and as a general observation I truly believe that the young law professionals are extremely hard working, through professionals and have the zeal to succeed. The qualities are the ingredients of achieving success. So I have no two doubts that the young professionals with their qualities coupled with the opportunities will be extremely successful in future which can be seen from the fact that you would find young professionals in every part of the world in different roles.

     

    WHAT ARE THE SKILLS ONE NEEDS TO DEVELOP TO SUCCEED IN THE LEGAL PROFESSION?

    There is no set formula or skills one needs to develop to succeed in the legal profession. To succeed in anything in life including legal profession one needs to enjoy what they are doing and be patient. As far as the skills in the legal profession are concerned, it is important to have good communicational and analytical skills. An eye of a perfectionist is what makes you stand out from the crowd. You need to know the art of meeting people and communicating with them. Apart from this, time management and the zeal to learn are the most important things.

     

     

     

  • Bhaven Shah, Co-Founder, Presolv360, on entrepreneurship, technology and the future of dispute resolution

    Bhaven Shah, Co-Founder, Presolv360, on entrepreneurship, technology and the future of dispute resolution

    Bhaven Shah is a Chartered Accountant and has completed his law from Government Law College, Mumbai. He is the Co-Founder of Presolv360, which is India’s first homegrown cloud-based dispute management platform capable of preventing litigation, protecting people and businesses from adversities of disputes and resolving them through time-tested dispute resolution mechanisms. Bhaven has previously worked with KPMG in their M&A and tax litigation practice, R. K. Bothra & Co. and Ernst & Young in their tax and assurance practices, respectively. Besides, he has had varied experience before judicial and quasi-judicial authorities including the Supreme Court of India, High Courts of Rajasthan and Bombay, and the erstwhile insolvency boards.

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    I am no super-lawyer. I am just a super-believer. I believe in our youth and that gives me the drive, I believe in India’s growth story and that gives me reason and I believe in the values passed down by our great leaders that gives me confidence that I am at the right place – ‘India’, at the right time – ‘now’, and doing the right thing – ‘Presolv360’.

     

    PLEASE TELL US WHAT MADE YOU PURSUE LAW?

    Law came to me by legacy. My grandfather was the first in the family to come to the land of opportunities and dreams. Since then, Mumbai was the only home known to him and my entire family. Against all odds, he brewed roaring success in the textile industry and this success was compounded by my father. The business expanded but so did complexities. Opportunities increased but so did opportunistic individuals. The economy was growing but values were rapidly eroding. From property-grabbing to non-payment of dues, from trespassing to cheques bouncing, it became a usual occurrence for many of us. Practices and professions became sophisticated, but law and procedures remained unchanged.

    Crediting my sweet and sour experiences with litigation and courts, I decided to take the law into my own hands. Scratch that, I decided to take the fate of these disputes in my own hands. The only way to begin that was by pursuing law academically, and so I did. After completing my graduation from H. R. College of Commerce and Economics, Mumbai, I enrolled myself in the Government Law College, Mumbai.

     

    FROM LAW TO ENTREPRENEURSHIP, WHAT MADE YOU TAKE THIS LEAP?

    In a heavily-litigated personal matter, a Supreme Court Judge (now retired) said to me in open court “Son, your father started this case and your child will have to conclude it.” And these wise words came after 29 years (read 45% of the lifespan of an average Indian) of fighting tooth and nail in Indian courts. The harsh reality is that legal cases in India last a lifetime and have a propensity to wipe out all your resources, and I faced this first hand. I didn’t want to suffer in the future, I didn’t want others to suffer, ever, and so, it was time that India and her citizens were offered a solution that changed the way they insulated themselves from disputes and litigation. Something that was quick, economical, convenient and effective. With this in mind, Presolv360 was born.

    Disputes are inevitable and are inherent to the nature of humans. So, we re-imagined, re-engineered and radically improved the ‘approach’ to dispute management. In devising this approach, the founding team of Presolv360 tapped into all possible learnings and experiences, be it law, chartered accountancy, insurance, management and of course, encounters with realities of life.

     

    WHAT PROBLEM ARE YOU TRYING TO ADDRESS WITH PRESOLV360?

    The traditional dispute resolution mechanisms like courts are plagued with a number of serious problems. Where 19th-century laws still dominate dispute resolution, there is a need to provide 21st-century solutions to uproot these challenges.

    Statistically speaking,

    • Everyday 40,000+ cases are filed due to the absence of dispute prevention mechanisms.
    • Approximately 67% disputants do not even attempt an alternative before litigating.
    • 80,000 crores p.a. is lost due to court hearings and loss of business. This translates to 0.77% of India’s GDP and shockingly, this figure is without accounting for professional fees.
    • On an average, it takes 13 years for the final disposal of a civil case lodged in an Indian Court.
    • It is estimated that by the year 2025, there will be 6.19 crore pending cases and at the current rate of filing of new cases against the rate of disposal, it will take 587 years to clear this backlog.

    Believe me, these numbers are not an exaggeration. Let me ask the readers to ponder over three simple questions. If the answer to any is ‘yes’, they will understand the problem we address:

    1. Would you like to enjoy a life free from disputes, litigation, and courts?
    2. Do you want to secure yourself, so nobody drags you to court?
    3. If you have a dispute, would you not like to resolve it quickly, reasonably and efficiently?

     

    DON’T YOU THINK THE GOVERNMENT IS AWARE OF THE PENDENCIES AND IS UNCLOGGING THE OVERBURDENED JUDICIAL SYSTEM?

    Undoubtedly. When I first spoke about confidence provided by our leaders, that included our leaders in the profession as well as those in the government. Lok Adalats, infrastructure improvements, E-Court Mission, encouraging ADR, commercial courts, state and national litigation policies, etc. are long strides in the right direction.

    While I believe that India is in extremely capable hands, it is also important to understand that, for India to tackle this grave problem, a concerted partnership is required between all stakeholders – potential and existing disputants, governments, judiciary, professionals and facilitators like us. This will ensure that only those matters worthy of the courts’ attention and judicial resources will find a place on the docket, while the remaining are dealt with in a systematic, civilized and optimal manner. This way, courts can dispense justice, governments can govern, businesses can flourish, and the citizens can enjoy a stress-free life.

     

     

    WHAT IS YOUR VALUE PROPOSITION AND WHO IS IT FOR? WHAT IMPACT WILL YOUR SOLUTION HAVE?

    Presolv360 is a unique dispute management platform that blends technology, human expertise, and innovation to provide effective dispute prevention solutions, collaborative dispute resolution mechanisms, fast-track and cost-effective alternatives to courts and protection from uncertain outcomes and adversities. This makes Presolv360 the first of its kind across the globe!

    Our services include:

    1. PresolvReview: Preventing disputes is one of the key objectives of Presolv360. With PresolvReview, our expert will review your agreement from a dispute prevention standpoint and make suitable suggestions and recommendations so that you can enjoy a dispute-free relationship and a hassle-free life.
    2. PresolvSecure: This is a plan that secures you from adversities of disputes that arise in a contractual relationship. For a small annual fee, the parties can safeguard themselves from prohibitive costs, traumatic experiences, time-consuming processes and ruined relationships, and instead ensure a speedy and effective resolution by our empaneled experts, at no additional costs.
    3. PresolvDirect: We assist parties in resolving existing disputes (whether pending in court or likely to be submitted to the court), in a collaborative environment.

    At the centre of this, all is a seamless, integrated tech platform accessible from your desktops, laptops or mobile devices to ensures affordability, convenience, efficiency, and effectiveness. The beneficiaries of this system are unrestricted, be it individuals, businesses, institutions or even governments.

    This dispute management ecosystem will have a far-reaching social and economic impact.

    – From taking an average 13 years for disposal of a case, to collaboratively resolving a dispute within 3 months.

    – From expending lakhs of rupees in litigation to resolving disputes at a fraction of that amount.

    – From uncertain outcomes and irreparable loss to certainty of resolution and conserving resources.

    – From litigation ruining relations to safeguarding them … this is the impact of Presolv360

    We have also launched the ‘Presolv for All’ Project that extends the services of Presolv360 free of cost to weaker sections and low-income groups to ensure that we, as a community, can enjoy a litigation-free future.

     

    WHAT ALL HAS GONE BEHIND THE MAKING OF PRESOLV360 AND PLEASE INTRODUCE YOUR TEAM TO OUR READERS.

    The learning never stops, nor does the evolution of Presolv360 and its team. I can only give you a glimpse of the groundwork undertaken, and I can assure you that our efforts, to constantly improve by reflecting on feedback from our stakeholders and the incessant spirit of innovation, will never cease as it is ingrained in every member working at Presolv360.

    You may know that dispute resolution has its roots in the Vedic age and this has been entrenched in our village system. That’s where we began, our research and studies ranged from India’s gram panchayat system to international diplomacy, from traditional dispute redressal machinery to sophisticated global practices. After this theoretical escapade, it was time to understand contemporary challenges. We undertook an ‘Appeal for Change’ survey where we interviewed over a thousand people from different walks of life to understand all the facets of disputes. It is on this robust foundation that we built and designed the Presolv360 platform.

    Along with me, Namita Shah and Aman Sanghavi are the cornerstones of Presolv360. While Namita is a lawyer, chartered accountant and a CPA from the USA, Aman hails from the insurance and management background and is also a Certified Mediator from IICA, Ministry of Corporate Affairs. Presolv360 is guided by a distinguished Board of Advisors and Mentors comprising of

    1. Ashok Barat, former Managing Director, and CEO, Forbes and Company Ltd. He is currently on the Board of several listed companies and is passionate about making mediation the primary form of dispute resolution.
    2. Tanu Mehta, Legal Counsel, Mediator and Conciliator recognized by the Bombay High Court and is an MA in Conflict Resolution & Mediation from Tel Aviv University, Israel.
    3. Rajani Iyer has been designated a Senior Counsel by the Bombay High Court and is a Mediator with over 4 decades of experience in dispute resolution.

    Presolv360 is powered by a team of fifteen members (including six dispute resolution and legal experts) with an unbreakable spirit and the determination to change the way India and her citizens deal with disputes.

     

    HAVE YOU RECEIVED ANY RECOGNITION SO FAR?

    Presolv360 won the ‘Start-Up Excellence Award for Technology-Enabled Dispute Management & Redressal System’ at the Indian Startup Convention (ISC) 2018. The ISC recognizes those organizations and individuals who have changed or have the potential to change the face of their respective industry. We were also shortlisted for ‘Power of Ideas’ – India’s largest entrepreneurship program. Facebook, Economic Times, Department of Science and Technology, Government of India and CIIE, IIM Ahmedabad conducted this program and received over 6500 business ideas out of which 358 were shortlisted.

    The Presolv360 team has discussed the applicability and benefits of its services with officials from the Ministry of Commerce and Industry and the Ministry of Law and Justice, Government of India. Presolv360 is privileged to be recognised by the Ministry of Law and Justice, Government of India, as providers of dispute prevention and protection services, online dispute management, negotiation (online and offline), neutral evaluation (online and offline), mediation (online and offline) and is now listed on the website of the Department of Justice. Besides, Presolv360 has also been recognised as a qualified startup under the Start-Up scheme of the Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Government of India.

     

    HOW DID YOU GET THE MINISTRY TO RECOGNIZE PRESOLV360?

    The Presolv360 team made representations to the Ministry of Commerce and Industry and the Ministry of Law and Justice, Government of India. To our delight, the officials were extremely forthcoming, encouraging and provided us with insightful feedback. Following these representations, Presolv360 was listed on the website of the Department of Justice, as providers of dispute prevention and protection services, online dispute management, negotiation (online and offline), neutral evaluation (online and offline), and mediation (online and offline).

    ‘Startup India’ is a flagship initiative of the Government of India, intended to build a strong ecosystem for nurturing innovation and startups in the country that will drive sustainable economic growth and generate large-scale employment opportunities. From tax exemptions to self-certification, from credit and funding access to rebates in patent applications, this initiative is definitely a boost to the ‘ease of doing business’ objective. Presolv360’s application was accepted by the Department of Industrial Policy and Promotion since we are working towards innovation, development, and improvement of dispute management services with a scalable model and high potential of employment generation and wealth creation. If any of the readers satisfy the eligibility criteria, I would recommend they apply under the scheme and take advantage of the benefits of a recognised startup.

     

    WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS?

    We are all ordinary people until we master one extraordinary power – the power of choice. The choice to hold on or to let go, the choice to give up or to be relentless, the choice to follow or to lead, the choice to destroy or to rebuild, the choice to go to courts or ‘to presolv’ – choose wisely.

    You can get in touch with me at bhaven@presolv360.com and visit https://www.presolv360.com/ for more information.