Super Lawyer

Author: SuperLawyerTeam

  • “Law does not operate in a vacuum and spreads across different spectrums. The ability to earnestly apply the flexible nature of law to the proposition requiring resolution can be developed through awareness of the entire spectrum.” – Sidhant Kapoor, Legal Director at CSL Chambers.

    “Law does not operate in a vacuum and spreads across different spectrums. The ability to earnestly apply the flexible nature of law to the proposition requiring resolution can be developed through awareness of the entire spectrum.” – Sidhant Kapoor, Legal Director at CSL Chambers.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Not being from a legal background, what motivated you to pursue a career in law? Was there a particular factor or experience that led you to this profession?

    Entering the sphere of law was a culmination of several reasons and some factors which did influence my ultimate decision. The reasons influenced my decision by chance but the factors influenced my decision by choice.

    The reasons of chance, which I mentioned above, were instrumental in aiding my decision. This was a prolonged litigation involving a close relative’s property, which dispute had been on-going for over 20 years. This was rather paradoxical for me, since, in my formative years, the elusiveness and unpredictability associated with the field dissuaded me from even considering it. Perhaps, the age old adage “tareek pe tareek” was not inspiring for a young school boy.

    But my interactions with a school senior, who was at the time pursuing law and a third generation lawyer, somewhat redirected my focus to discern the importance of applicability of law to societal intrigues especially in the Indian landscape. “Tareek pe tareek” has a much deeper connotation in a legal system like ours, where justice is dispensed on the principles of equity, good conscience and after affording sufficient opportunity of hearing.

    Additionally, I may highlight the factor which enabled me to exercise my choice for pursuing this field. I completed my high school education at the Sanskriti School, New Delhi. Sanskriti is a civil services school and the predominant student pool belonged to the services background. Naturally, growing up there was an innate sense of contributing to the society by pursuing a profession having elements of public discourse and service. The first choice was to pursue the administrative/police services which involved studying various subjects including law.

    As time progressed and my understanding developed, I sensed a natural affinity towards the field of law, both in terms of an academic disposition as well as the practical nuances. This etched my curiosity further and although I had the option to enrol myself for a bachelor’s in political science degree at a prestigious college under the Delhi University, I decided to take the plunge. The relevance of law to shape the Indian democracy, whether in terms of administration, economy and society and my enthusiasm for contributing to the public in aggregate could be an arguably strong reason in retrospect.

    I also keep a healthy regard for acting and used to think to myself whether I could pursue the profession of acting. Being a lawyer however, helps in putting up a sincere act. 

    Having spent nearly a decade with the same organization and being a first-generation lawyer, what were some of the key learning experiences early in your career that helped shape your understanding of the law and have had a lasting impact on your professional journey?

    The inter-play of law with every facet of life must be understood in its right context in order to garner a profound interest for the field. I believe, the yearning to acquire knowledge about diverse subject matters, businesses, industries, and economies broadens perspective and assists in hyperlinking and interlinking bringing conceptual clarity. Law does not operate in a vacuum and spreads across different spectrums. The ability to earnestly apply the flexible nature of law to the proposition requiring resolution can be developed through awareness of the entire spectrum.

    I have always taken discipline very seriously and have come to realize that discipline as an attribute takes precedence over everything else if one endeavours to meaningfully contribute to the profession. Overall discipline is a practice and must be consciously cultivated till it becomes a way of life. I lay emphasis on discipline since the profession can be daunting at any stage of one’s professional journey if the foundational structure is frail and that is bound to happen in the absence of discipline. While I can credit myself for being disciplined from the inception of my professional journey, I must express gratitude to the Seniors whom I have worked with/assisted in channelizing the discipline for shaping me into the professional I am today.

    Doctrine of precedents is a fundamental principle of judicial decision making in India. Therefore, assisting the Court through precedents applicable to the factual matrix is an extremely integral skill in Advocacy.  The manner of reading a judgment and sifting through it to examine what constitutes the ratio decidendi of the case and what is obiter may sound elementary, but it is often overlooked for being so elementary.

    I have been privileged to receive guidance from all the Senior Counsels I have briefed and the Senior Partner (Mr. Sumeet Lall), I was and am currently working with on the various aspects of advocacy. Every sentence in a judgment, pleading and document must be carefully examined, orbitally analysed and tactfully applied within the acceptable framework of the statute in question. Every word carries weightage and it can be overlooked not at your peril but at the peril of the party you may be representing. Training in Insurance law taught me that even a punctuation must be heeded to, since it can alter coverage of an insurance claim for an insured and deny it indemnity. 

    Illustratively, some invaluable teachings which I have imbibed from Senior Counsels and my mentor in the profession are fairness while assisting the Courts, mastering the facts so that research of the laws and precedents is expansive and detailed, articulating submissions in an uncomplicated manner while balancing the in-depth research, measured pleadings without any casual averments and a penchant for finding novel propositions supported by research and provisions which could aid in overall development of the law.

    What led to your decision to remain with CSL Chambers, despite the opportunity to pursue an LLM at prestigious universities abroad? How do you believe this decision has influenced your career path?

    My admission to various universities for an LLM in the field of dispute resolution/arbitration was in the year 2020/2021. Incidentally, this was during the onset of COVID-19. It created an extremely complicated situation for me and reminded me of the book, the Road Less Travelled. The uncertainty of pursuing higher education in a different country across the world during a global pandemic and the complexities associated with staying back at CSL Chambers, where I had planned my transition for over 6 months was unsettling.

    I was in the 4/5th year of my practice and the time was ripe to pursue an advanced academic disposition with an aim to immerse myself in examining cross-border issues through a specialized masters’ program. The decision was a well thought out one since I had spent considerable time and focus on a particular field of law i.e. dispute resolution/arbitration. The uniquely structured courses, the quality of education, integration with academicians and foreign practitioners are some of the illustrative reasons which formed my belief to pursue an LLM. Knowledge is liberation and thus, higher education would have contributed significantly to my professional journey.

    Sunlight is the best disinfectant. I decided to confide in the Firm’s Managing Partner about this quandary I was facing. I was cognizant of receiving advice having a negative bias against proceeding for an LLM since a familiar resource of the Firm should be retained. However, I received extremely dispassionate and neutral advice which brought clarity for me to pursue the graver challenge. It was a question of whether pursuing the LLM at that juncture would significantly contribute to my professional journey or could I cultivate my on-going professional journey to make an impact greater than I would, had I pursued an LLM, since ultimately I would come back and pursue my practice in dispute resolution.

    I decided to defer my admission to all the Universities and some even obliged by granting a year to year deferment. COVID-19 brought with itself myriad challenges to businesses, economies, personal and professional lives. Strictly from a professional standpoint, I viewed it as an opportunity to make meaningful contributions towards the Firm’s growth story and service Client needs. As an example, I started writing articles on vexed issues related to COVID-19, which ranged from issues of force majeure, impact on commodities trading covered by trade credit insurance and business interruption claims under insurance to name a few.  These articles attained relevance for individuals/corporates operating in different spheres, which led to significant support being rendered by the Firm on their legal requirements.

    The pandemic years had an adverse impact on the litigation landscape, although there was a rise in the number of cases. Policies of work from home, transitioning into virtual systems and the innate sense of conservation of resources led to challenges of remaining relevant in the field as well as sustaining practices. Navigating some of these challenges with the Firm during the pandemic helped me develop a sense of responsibility, leadership and an ability to craft legal solutions in innovative ways. Perhaps, an LLM would have aided my understanding on an academic level, but to assist with steering the Firm and its Clients and assisting Courts respectively during this period has matured my appetite to understand the finer prints and operation of various laws. 

    The decision to stay back with the Firm has been enriching both in terms of personal growth and professional advancement. Given the circumstances over the 4 years from the on-set of the pandemic, I have been able to meaningfully contribute to the development of law while augmenting my knowledge through learnings at the bar while assisting Senior Counsels, continuously researching on legal propositions and making an endeavour to seamlessly assist Courts. In fact, staying back helped me find my passion in assisting Courts as counsel. Additionally, I have been privileged to be a part of some of the landmark decisions in the field of arbitration, insurance, insolvency and SARFAESI on novel points of law.

    You’re widely recognized for your work in the field of arbitration and insurance. Could you share your experience working on the landmark case GMR Energy Limited v Doosan Power Systems India Private Limited? What were the main issues, and how did you approach and strategize to resolve them?

    The Doosan decision passed by the Hon’ble Delhi High Court was a pathbreaking decision at the time in the year 2017. It involved intricate issues of law which were far from settled by any Court. Some of the issues which were decided by the Court were whether two Indian parties can be referred to arbitration outside India, joinder of non-signatory to an arbitration including the power of a Tribunal to join such non-signatory and the scope of Section 45 of the Arbitration Act.

    We successfully represented Doosan before the Delhi High Court as the parties were ultimately subjected to arbitration in Singapore. The decision of the Delhi High Court in Doosan has been subsequently upheld by the Supreme Court on various occasions while adjudicating similar issues and settling the law.

    Our arguments were led by Mr Nakul Dewan, whose approach to the case was inspiring to say the least, on all levels of advocacy and strategy.  This was a case which involved interpretation of laws of different jurisdictions, since there were no direct precedents in India which had examined or settled the propositions emerging in the facts of the case.

    Developments in the case took place rapidly and any step being taken by a party in one jurisdiction would have a bearing on the rights and contentions of the respective parties’ in the other jurisdiction. Time was extremely scarce as the hearings were taking place daily.  As someone with 2 years’ experience at the time and assisting with a case of that magnitude as the only junior from the Firm, I had to embrace my discomfort and lack of experience. One could feel lost in the initial years when everything is happening on a larger scale and the expectation is able assistance without fetters. Therefore, taking the next step in the supply chain is very important i.e. apply yourself and attempt to contribute to the best of your ability. Rely on the Seniors once you have diligently done your homework. An attempt at developing a submission/proposition even if it may not work is always welcomed by Seniors provided the background work has been sincerely carried out. I immersed myself completely in carrying out extensive research of legal principles, case laws, commentaries across jurisdictions and prepared notes with an endeavour that they could be relied upon for arguments. This would lead to enriching feedback from the counsel, where further propositions would emerge and those propositions would then advance our case. Here was a case where the law on the issues highlighted above was unsettled and thus, reference points and text in India was scarce. 

    Nevertheless, handling the case in terms of managing correspondence with the Tribunal in Singapore, drafting and filing pleadings overnight and assisting with day to day arguments ensuing before the Court with 2 years of practice, was an extremely enriching experience which provided innumerable lessons and learnings for life. The judgment of the Delhi High Court examined judgments from the US, Singapore and England in finally deciding the lis between the parties.

    What challenges have you encountered when advising clients on the enforcement of foreign arbitral awards in India, and how do you assist entities in overcoming these challenges?

    Over the years, the Indian Judiciary has taken pains to pass seminal judgments settling various issues arising in enforcement of New York Convention awards in India. While there are only 7-8 material provisions which govern the enforcement of foreign awards regime, it is a complex subject within itself with its own set of challenges for Clients and Courts. 

    An immediately identifiable issue is exercise of jurisdiction by the concerned Court in India while dealing with challenge to enforcement of foreign awards. This is often a moot question since the language dealing with jurisdiction of a Court under Part II leaves room for ambiguity, although judgments of different High Courts have expressed views to clarify the issue. CSL Chambers successfully represented a foreign award holder before the Hon’ble Delhi High Court where this issue of jurisdiction was raised by the judgment debtor and exhaustively settled by the Hon’ble Court.

    Another area in the realm of enforcement of foreign awards which is highly litigated is the issue of withholding tax on a foreign arbitral award once it is recognized as enforceable. I was fortunate enough to be a part of the judgment passed by the Hon’ble Delhi High Court which settled the issue holding that once a claim merges into a decree of the Court, it transcends into a judgment debt, the decree should be executed according to its tenor and no deductions or adjustments are permissible except those permissible under the Code of Civil Procedure, 1908.

    The two broad issues have been highlighted above since these go to the very root of realizing the fruits of a foreign award. Therefore, the approach for resolving the issues needs to balance the internationally followed practices and customs as well as testing the legitimacy of challenges mounted to the enforcement of foreign awards within the narrow pigeon holes provided under the Arbitration Act.

    At the first blush, recent precedents could suggest that armed with a foreign award, a party is duty bound to succeed in its endeavour of enforcement. However, the statutory in-built safeguards to object to enforcement of foreign awards still posit novel issues and complexities which require extensive study of transnational text and foreign precedents which must be presented before the concerned Courts for further shaping the arbitration landscape of the country.

    It is difficult to summarize the nature of assistance to the Clients in helping them navigate challenges faced in enforcing foreign awards. However, as a suggestion, one must have regard to foreign commentaries, prevailing institutional rules, statutes and precedents for gaining perspective which can bolster seamless operation and development of the domestic law. Needless to state, foreign precedents can only aid in arriving at a decision where there is no existing domestic precedent but it is not the only tool to be considered as the Arbitration Act is a self contained code. This field is such that considering the novelty of propositions and untested propositions, lawyers must be always ready with proposed solutions through research to better assist the Courts when examining issues under part II of the Arbitration Act. Perhaps, that is how BALCO came to shape the arbitration landscape.

    What advice would you offer young lawyers who wish to specialize in arbitration and build a successful practice similar to yours?

    One must bear in mind that as lawyers, we are serving the interests of third parties and espousing the larger cause. There is significant trust reposed by Clients as well as the Courts in lawyers for aiding the process of justice dispensation. Naturally, the only way to honour this trust being reposed is to step up and take full responsibility with sincerity. There must be a sense of ownership for every task being performed and a transparent approach. One should always remain curious to learn and enhance their knowledge base, both practical and academic. Remaining abreast with the latest developments in law, case laws and activity in Courts must be inculcated in the daily routine till it becomes a subconscious habit.

    Your own comfort and ease come last, always and every time. The concept of work life balance may have diverse connotations. However, if one is passionate about and honest to the profession and willing to immerse themselves without regard to the self, then equanimity transcends the struggles associated with the demanding nature of our profession. The search for work life balance may limit productivity and skill development since our profession is extremely dynamic and requires us to constantly remain ahead of the curve. Balance can be achieved when work is not designated as “work” but discharging a duty which inspires others to strive for equity and justice. Mental and physical discipline goes a long way in balancing the requirements of the profession.

    Always approach any proposition, problem or case without any bias or prejudice. A clean slate approach, which brings out novel dimensions for problem solving through application of existing principles of law. Short circuiting the long, laborious hard work route will catch up and reflect somewhere in the scheme of things. It could then erode the confidence of third parties which was reposed in you. One must follow and learn through the journey, experience and immeasurable hard work of Senior Lawyers in the profession, who possess great clarity and problem solving abilities due to their proclivity for learning the law every day.

    Ultimately, the path which one adopts is personal but the customary teachings about the profession and resilience required to sustain in the profession continue to remain relevant till this day and age. In the words of the great Late Fali Nariman, once a student of law, always a student of law. Law being a practice, one can never think they have understood, acquired, or known it all. As an example, a provision under a statute could be interpreted in so many ways and therefore, in my view, a good lawyer is always a student of law. In this regard, it is also very important to remain in Court and sit in Court to observe arguments in other on-going cases for the day since the propositions emerging therefrom could be applied and be relevant for some of your own cases. It also adds to the knowledge bank in terms of identifying judgments on different issues.

    You have a strong passion for writing and contribute to various legal publications. How do you manage to balance your demanding legal practice with writing updates, analyses, and insights on judicial pronouncements?

    Reading and understanding judgments in a vacuum contributes in a limited way to professional development. The essence lies in linking the observations in a judgment, the ratio, obiter to the proposition, case or issue which one is dealing with. This interlinking helps developing new arguments or further provides the scope to appreciate the operation of a statute from an untested standpoint which could ultimately become another precedent. One way of building this expertise is through summary writing since it entails distilling the entire case law into a short piece for readers who may or may not be lawyers.

    Therefore, it is very important to appreciate the text of a judgment holistically and apply it in the context of your existing on-going matters. Alternatively, holistic reading of a judgment contributes immensely for a new case with varied propositions.

    Articles, publications and other academic contributions are a significant tool for acquiring knowledge, understanding the finer nuances of legal principles and gaining experience on the approach of Courts in adjudicating cases. Articles and publications are also important means to disperse knowledge to the concerned audience since it assists with streamlining the dispersed legal developments in a consolidated form. It is also an integral tool for connecting cross border practitioners who may be looking at the Indian jurisdiction as a destination for dispute resolution.

    Frequent articles or contribution to publications helps build a repository of information which can be utilized and relied upon in the future as reference for a case which one may be involved in. Therefore, more than a balancing act, it is a branch of Advocacy which only supports and stabilises the pyramid. 

    Get in touch with Sidhant Kapoor –

  • Inside the Legal Mind: Navigating the Complexities of Antitrust and Intellectual Property – Dr. Vishnu S. Warrier, Legal Manager at Cochin Shipyard Limited.

    Inside the Legal Mind: Navigating the Complexities of Antitrust and Intellectual Property – Dr. Vishnu S. Warrier, Legal Manager at Cochin Shipyard Limited.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Your remarkable contributions to the legal field are widely recognized. What led you to choose law as a career despite having a background in science? What motivated you to make this shift?

    Thank you so much for your kind words. While my background is in science, I was drawn to law primarily because of the unique freedom and societal impact it offers. Unlike many other professions, law provides the opportunity to engage directly with society and interact with people from diverse walks of life. This ability to affect change, whether by resolving complex issues or advocating for others, truly resonated with me. I found that, in science, while I could contribute through innovation and research, law allows me to apply problem-solving skills in a more immediate and tangible way, often in situations where my services can bring about significant positive change or even happiness for others.

    Moreover, law offers a respected position within society, which is something I deeply value. The idea that legal professionals play a key role in shaping policy, protecting rights, and upholding justice aligns with my desire for a career that combines intellectual challenge with the opportunity to make a real difference. In many ways, law felt like a natural next step for me, allowing me to leverage the analytical and critical thinking skills honed through my science background, while also offering the chance to have a direct and meaningful impact on individuals and communities. 

    After completing law school, you pursued an LLM in Business Law and a PhD in Competition Law. What sparked your interest in these specific areas of law, and how have they influenced and enhanced your professional journey?

    When I completed my undergraduate law studies, I found myself at a crossroads like many of my peers, wondering what direction to take next. I debated whether to enter legal practice or pursue further studies, and if I chose the latter, in which area of law should I specialize? I initially felt some pressure, as many of my friends were pursuing additional qualifications, and I wondered if I was already falling behind.

    However, after careful consideration and introspection, I recognized that my interests were centered around business law related subjects like contracts and intellectual property law. During my final year, I had the opportunity to intern with an IT firm, where I was exposed to contract drafting and gained some insights into the practical applications of intellectual property rights, particularly copyrights and trademarks. This experience sparked a deeper interest in intellectual property law and its potential for specialization.

    I began to understand the value of pursuing a more niche area of law, and this led me to focus on business law as my primary interest. After speaking with my professors and industry professionals, I decided to pursue a Master of Laws (LL.M) with a specialization in Business Law, with a focus on Intellectual Property Law as well. I was fortunate to be admitted to NLIU, Bhopal, through the CLAT, which provided me with a solid foundation for my further studies.

    The two years of my LL.M were transformative. I had the privilege of learning from professors who deeply influenced my career, particularly Dr. GS Bajpai and Dr. Vinod Dixit. Dr. Bajpai ignited my passion for legal research, while Dr. Dixit played a key role in honing my research skills and guiding my LL.M dissertation, which explored the intersection of Intellectual Property and Competition Law.

    During my time at NLIU, I also had the opportunity to intern with Luthra & Luthra, where I assisted in competition law matters. This experience introduced me to the emerging field of competition law in India and further piqued my interest. Since then, competition law has become a key area of my professional passion and expertise. Recognizing the potential of this relatively new area of law, I decided to deepen my expertise and eventually pursued a PhD in Competition Law. 

    With over 14 years of experience as an in-house legal counsel, what have been some of the most valuable lessons you’ve learned from providing legal support to business operations? Can you share an example of a particularly challenging case you’ve worked on and how you approached it?

    As an in-house legal counsel, I have gained several key insights over the years that have been invaluable to my role. One of the most critical lessons is the importance of understanding the company’s business strategy. Legal counsel must go beyond merely interpreting the law; it is essential to integrate our advice within the broader business context. By aligning legal decisions with the company’s goals and objectives, I am able to provide solutions that are not only legally sound but also practically feasible, ensuring that the business can thrive.

    Another essential insight is the understanding that risk management is more important than risk avoidance. Effective legal support is not about eliminating all risks, as some degree of risk is unavoidable and even necessary for business growth and innovation. Instead, my role is to help the company navigate these risks in a way that minimizes potential harm while still allowing for the pursuit of opportunities and business goals. It’s about striking the right balance.

    Additionally, effective communication has proven to be a vital skill. Translating complex legal concepts into clear, actionable advice is critical, as many business stakeholders may not have a deep legal background. It is my responsibility to ensure that legal implications are communicated in a way that is understandable and actionable. Whether addressing compliance requirements or explaining the potential consequences of a business decision, my aim is to make legal advice accessible and valuable to the team.

    Collaboration across different functions has also been one of the most rewarding aspects of my role. Working closely with teams from finance, operations, marketing, and other departments allows me to better understand their priorities and challenges. By being a trusted partner to these teams, I can provide timely and relevant legal support, helping to anticipate potential issues before they escalate.

    Agility and solution-oriented thinking are also key components of being an effective in-house counsel. The business environment is constantly evolving, and I’ve learned to be flexible and adaptable in my approach. Legal solutions must evolve alongside the business, and I strive to find practical solutions to legal challenges. Rather than just identifying potential risks, I aim to contribute to finding solutions that propel the business forward.

    A preventive approach to law has also been one of the most valuable contributions I can make as in-house counsel. By drafting clear contracts, setting up strong internal processes, and offering regular compliance training, I help mitigate potential risks before they become issues. This proactive approach to legal matters helps the business avoid costly disputes and safeguard its reputation.

    Negotiation and diplomacy are critical in my role. Whether I’m involved in contract discussions, dispute resolution, or forming strategic partnerships, it’s crucial to understand the broader context of each negotiation. By recognizing what each party values and finding common ground, I can facilitate agreements that protect the company’s interests while fostering positive, long-term relationships.

    Further, commitment to upholding high standards of compliance and ethics is fundamental to the role of an in-house legal counsel. Ensuring that the company adheres to legal requirements and maintains ethical conduct is essential, especially in industries with complex regulatory environments. Non-compliance can lead to serious legal and reputational risks, so maintaining strict standards is critical to safeguarding the company’s integrity and success.

    I would say that; the role of in-house legal counsel extends far beyond simply providing legal advice. It involves understanding the business, working collaboratively with various departments, and offering practical, solution-oriented legal guidance that supports the organisation’s growth while safeguarding its interests.

    One of the most challenging aspects of my role as in-house legal counsel is navigating the delicate balance between the commercial interests of the organization and our unwavering commitment to legal compliance and ethical practices. In situations like these, it’s crucial to maintain alignment with the company’s goals while ensuring that we don’t compromise on our legal and ethical obligations.

    A key challenge often arises when the business is eager to pursue new opportunities or aggressive growth strategies. These initiatives may involve areas where the legal framework is either ambiguous or highly regulated, creating potential compliance risks. My approach in such cases has been to fully understand the commercial objective behind the decision, and then work closely with the relevant business stakeholders to ensure that the legal risks are clearly identified and communicated.

    Rather than simply telling the business “no” or “this can’t be done,” I strive to offer alternative solutions that satisfy both the commercial intent and legal requirements. For example, when dealing with regulatory compliance or complex contractual terms, I work collaboratively with finance, operations, and other departments to design agreements or strategies that mitigate legal risk while allowing the business to move forward. This may involve structuring deals in a way that complies with the law, negotiating terms that ensure compliance without hindering business flexibility, or even identifying ways to structure the business’ operations so they remain compliant without disrupting its goals.

    One critical component in maintaining this balance is effective communication. I make it a point to explain not just the “what” and “how” of legal compliance, but also the “why”. When business leaders and teams understand the legal rationale behind compliance and ethical guidelines, they are more likely to support and adopt these measures without feeling that they are inhibiting the company’s growth. This transparency also helps to build a culture of compliance within the organization, where legal considerations are viewed as integral to the company’s long-term success rather than as a barrier.

    Ultimately, my goal is to find practical solutions that protect the organization’s commercial interests while also ensuring that we uphold the highest standards of legal compliance and ethical conduct. Balancing these priorities requires constant vigilance, clear communication, and a solution-oriented mindset that supports both business growth and responsible risk management.

    As an author of numerous books and articles, you’ve addressed various facets of India’s competition law landscape. With the rapid advancement of technology and the rise of digital markets, how do you envision competition law evolving to address challenges such as anti-competitive practices in the tech industry?

    As a student of law and research enthusiast who has had the privilege of studying India’s competition law landscape, I believe that the digital revolution and the rapid advancements in technology, especially the rise of big data, will play a critical role in shaping the future of competition law. With technology playing an increasingly dominant role in every sector, competition law must adapt to address new challenges, particularly in the tech industry where anti-competitive practices often thrive.

    The surge in data-driven business models has fundamentally altered the dynamics of competition. Tech giants like Google, Facebook, and Amazon have not only redefined how we interact with digital platforms but also consolidated immense power by controlling vast amounts of data. This concentration of data is creating a new form of dominance, with the potential to distort competition in ways that traditional antitrust frameworks were not designed to address.

    As companies harness data to gain insights and optimize their operations, they inadvertently or deliberately use it as a tool to entrench market dominance. Practices such as exclusionary tactics, discriminatory pricing, and even data-driven collusion are becoming more commonplace, potentially stifling innovation and preventing smaller competitors from gaining a foothold in the market. These practices represent a growing challenge for regulators who must balance fostering innovation with ensuring a level playing field.

    Moreover, the regulatory landscape in India and globally is lagging behind the speed of technological change. Traditional competition law, which primarily focuses on market shares and pricing strategies, must evolve to encompass the unique characteristics of digital markets. The key concern is how we can regulate the misuse of data to preserve both competition and privacy without stifling the very innovation that drives the tech sector forward.

    One of the critical areas that require immediate attention is the abuse of data dominance. When a dominant player in the market collects and controls vast amounts of personal data, it can create barriers for entry and exert undue control over consumers. This can lead to harmful outcomes, such as reduced consumer choice, unfair pricing, and monopolistic behavior. Regulatory bodies must address these issues by not only enforcing traditional competition laws but also developing new frameworks that take data and its role in market dynamics into account.

    I envision the future of competition law evolving through a combination of enhanced enforcement mechanisms, clearer data governance policies, and greater international cooperation. Strengthened regulatory measures can ensure that dominant players cannot leverage their data advantage to undermine competition. These measures must be agile and responsive, given the rapidly changing nature of digital markets.

    Moreover, empowering consumers through transparency and control over their personal data is a key component of a fair and accountable ecosystem. Consumers must be able to understand how their data is being used, have the ability to exercise their rights, and be protected from unfair practices. This empowerment, combined with robust enforcement of competition laws, will help create a more competitive and ethical digital environment.

    Addressing anti-competitive practices in the tech industry, particularly in the era of big data, requires a multi-faceted approach. Competition law must evolve to deal with the complexities of data dominance, market power, and the ethical use of information. By fostering innovation while ensuring fair competition, we can create a balanced, dynamic digital ecosystem that promotes consumer welfare, protects individual rights, and drives responsible technological advancement. It will take collaboration among regulators, businesses, and consumers to navigate this complex landscape, but by doing so, we can ensure a thriving and equitable digital future.

    Your academic and professional achievements are impressive, and your research contributions are highly regarded. What drives you to keep writing and publishing in such a demanding field, and how do you manage to balance these scholarly endeavours with your professional commitments?

    Thank you for your kind words. I am deeply grateful to my teachers, who played a pivotal role in shaping my research skills. As I mentioned earlier, my areas of interest are centered around corporate law, particularly antitrust law. I firmly believe that professionals should focus on emerging areas within their field, as this not only accelerates career growth but also opens doors for new opportunities. I was fortunate to begin my research in competition law just as India’s new antitrust legislation was coming into effect, which created a wealth of learning possibilities.

    It is worth noting that publication requirements, such as the two articles needed for Ph.D. programs, were a key catalyst in increasing my publication output. While I had already published a few articles and three books before enrolling in my Ph.D., the pace of article publication certainly increased after my Ph.D. enrolment. As I mentioned earlier, exploring emerging areas and contributing to them not only enriches one’s work but also ensures that contributions are recognized in the academic community.

    As for managing the balance between scholarly pursuits and professional commitments, this is a question I often encounter. Striking that balance can be challenging, but with the right strategies, it is certainly achievable. The first step is to clarify both your academic and professional goals. Understanding your priorities allows you to allocate your time and energy effectively, ensuring that both areas progress according to your long-term vision.

    Next, I recommend developing a structured schedule that accommodates both academic deadlines and professional responsibilities. Time-blocking is a useful technique to ensure dedicated time for each, so that neither area encroaches on the other. Prioritizing tasks based on deadlines and significance will also help in staying on track.

    Leveraging flexibility within both your academic and professional roles can also be incredibly beneficial. Open communication with your employer about important academic periods can lead to accommodations that allow for better focus on research. Likewise, delegating certain tasks in the workplace can free up valuable time for scholarly work. Similarly, in academia, delegating aspects of your research projects where possible can help manage workload effectively.

    Setting boundaries is essential to prevent feeling overwhelmed. Learning to say no, or negotiating timelines, helps to ensure that you do not overburden yourself. Being mindful of your limits and allowing yourself to shift focus between commitments is key. Where possible, integrating your academic work with your professional role can streamline both efforts. If your scholarly pursuits align with your job, you can create synergies that reduce the effort required to manage them separately.

    Self-care is another critical aspect. Regular breaks, exercise, and relaxation are necessary for maintaining productivity and overall well-being. Stress management techniques, such as mindfulness, can help you stay focused and prevent burnout, ensuring that both your academic and professional commitments remain sustainable.

    Utilizing technology to stay organized is also invaluable. Digital tools like calendars, task managers, and note-taking apps are excellent for keeping track of deadlines and responsibilities, helping ensure nothing is overlooked. Lastly, it’s important to be realistic about your capacity. Some periods will require more attention to either your academic or professional life, and it’s essential to adjust expectations accordingly. Don’t hesitate to scale back when necessary to avoid compromising the quality of your work in either area.

    Seeking support from mentors, colleagues, and academic advisors can provide the guidance needed to navigate the complexities of balancing both domains. Clear communication and mutual understanding can provide flexibility and insight, helping to manage the dual responsibilities effectively. By prioritizing tasks, setting boundaries, practicing self-care, and leveraging available resources, balancing scholarly and professional commitments can be achieved without overwhelming oneself.

    What are the most important elements of intellectual property management that you discuss in one of your works, and why is it critical for businesses to adopt effective IP management strategies?

    In one of my works, I discuss several key elements of intellectual property (IP) management that businesses must consider to effectively safeguard their innovations and sustain a competitive edge. These elements include IP identification, protection, commercialization, and enforcement, all of which are crucial to ensuring the longevity and profitability of intellectual assets.

    The first step in effective IP management is identifying the intellectual assets within an organization. This involves recognizing innovations, trademarks, patents, and other creative works that could be protected under IP laws. It is essential for businesses to have a clear understanding of what constitutes IP within their operations so that valuable assets are not inadvertently overlooked. Without this identification, businesses risk losing control over critical innovations.

    Once IP is identified, the next step is protection. This involves taking the necessary legal measures to secure patents, trademarks, or confidentiality agreements to guard against potential infringement. IP protection forms the foundation of any IP strategy, as it ensures that competitors cannot copy or exploit these innovations, thereby maintaining the business’s unique position in the market.

    Following protection, businesses must look to commercialize their IP. This can be achieved through licensing agreements, partnerships, or the development of new products and services. Effective commercialization not only helps businesses generate revenue but also expands their market presence, turning intellectual property into a powerful revenue stream.

    However, protection and commercialization alone are not sufficient. Enforcement is equally critical. Businesses must be proactive in monitoring the market for potential infringements of their IP and be prepared to take legal action if necessary. This vigilant enforcement ensures that the value of intellectual assets is not undermined, providing companies with the legal standing to defend their innovations.

    Adopting robust IP management strategies is vital for businesses for several reasons. Intellectual property often represents a significant intangible asset, forming the cornerstone of a company’s competitive advantage. Without proper management, businesses risk losing control over their innovations and missing out on opportunities to capitalize on them. Furthermore, effective IP management creates barriers to entry for competitors, helping companies maintain market dominance while fostering a culture of continuous innovation.

    In today’s interconnected global marketplace, businesses are increasingly vulnerable to IP theft or unauthorized use. By implementing sound IP management practices, companies can protect their assets, avoid costly legal disputes, and ensure long-term growth and sustainability. Ultimately, IP management is not just about protecting ideas; it is about strategically leveraging those ideas to drive innovation, revenue, and competitive strength.

    As the founder of Lex-Warrier Law Journal and a frequent speaker at various conferences, what advice would you give to law students aiming to excel in both the legal profession and legal research? Additionally, what resources would you recommend to them to stay informed about the latest developments in the field of competition law?

    My advice to them would be twofold: cultivate a deep commitment to continuous learning and actively seek out opportunities for hands-on experience.

    First, in terms of legal research, I would advise students to focus on building a strong foundation in research methodology. The ability to critically analyze case law, statutes, and legal theories is indispensable in any legal career. However, it’s equally important to develop skills in synthesizing complex legal issues and presenting them in clear, concise writing. Law journals, like Lex-Warrier, provide an excellent platform for students in their initial phase to publish their research and get their work noticed by a wider audience. My advice is to regularly contribute to such journals, not only to gain exposure but also to hone your writing and analytical skills.

    Secondly, practical experience is key to excelling in the legal profession. I strongly recommend that law students seek internships, clerkships, or volunteer work with law firms, judges, or in-house legal departments. These experiences help bridge the gap between theoretical knowledge and real-world application, providing valuable insights into the practice of law. Engaging in moot courts, debates, and legal competitions is also a great way to sharpen practical skills and build confidence.

    To excel in competition law, law students should try to stay updated with the latest developments in the field. The dynamic nature of competition law, with its evolving regulatory frameworks and landmark decisions, demands that professionals remain informed.

    I recommend the following resources for staying up-to-date:

    1. Legal Journals and Publications: Regularly reading law journals which provides access to the latest scholarly articles, case law, and regulatory developments in competition law.
    2. Official Websites: Staying connected with institutions like the Competition Commission of India (CCI) and the European Commission’s competition department is crucial. These websites offer updates on policies, decisions, and ongoing cases that shape the competition law landscape.
    3. Books and Treatises: Foundational texts on competition law, such as those by notable scholars like Richard Whish or Eleanor M. Fox, offer in-depth insights into the principles and nuances of competition law, while also serving as reference points for research and practice.
    4. Webinars and Conferences: Actively participating in webinars, conferences, and seminars, whether in person or virtual, is an invaluable way to engage with the legal community and learn directly from experts. Being a frequent speaker myself, I believe these platforms not only offer learning opportunities but also provide students with networking prospects that can be crucial for their careers.

    By combining a strong commitment to academic excellence, practical exposure, and consistent engagement with the latest industry resources, law students can position themselves to excel both in the legal profession and in legal research, particularly in specialized areas like competition law.

    After managing such demanding professional responsibilities, how do you unwind and relax? Do your hobbies, like chess and cricket, provide a mental break, and in what ways do they contribute to your overall well-being?

    For me, engaging in hobbies like chess and cricket plays a significant role in providing that mental break. These activities not only offer a refreshing escape from the intensity of my professional commitments but also contribute meaningfully to my overall well-being.

    Chess is particularly beneficial as it helps me sharpen my focus and strategic thinking. The game requires deep concentration and foresight, which allows me to temporarily step away from legal complexities and immerse myself in a different kind of mental challenge. It also provides a sense of accomplishment when I can improve my skills or solve difficult puzzles. This mental stimulation helps keep my mind agile and balanced, making it easier to return to work with renewed energy and clarity.

    Cricket, on the other hand, is a great physical and social outlet. The game allows me to disconnect from the day-to-day stress of my professional life and enjoy time with friends or colleagues. Whether playing or simply watching, cricket offers a great way to relieve stress and foster a sense of camaraderie. Physical activity, whether through a casual match or just active participation, is also essential in promoting physical health, which in turn supports to maintain a stress-free mind.

    Both of these hobbies serve as valuable tools for maintaining equilibrium in my life. They provide a structured yet enjoyable way to switch gears, reducing the risk of burnout and improving my productivity when I return to my professional responsibilities. Engaging in activities outside of work also helps me cultivate a sense of joy, creativity, and relaxation, all of which are crucial for maintaining long-term well-being and success.

    Get in touch with Dr. Vishnu S. Warrier –

  • “International disputes practice is a highly competitive field in the practice of law. In the long run, this is a game of resilience over brilliance.” – Garv Malhotra, Partner at Skywards Law and Honorary Professor at NLU, Delhi.

    “International disputes practice is a highly competitive field in the practice of law. In the long run, this is a game of resilience over brilliance.” – Garv Malhotra, Partner at Skywards Law and Honorary Professor at NLU, Delhi.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Could you walk us through your educational path from Gujarat National Law University to your LL.M. at the National University of Singapore and Master’s at the Graduate Institute in Geneva. What inspired you to pursue these advanced degrees, and how were you able to secure full scholarships at these prestigious institutions, if you could share with our young readers?

    My legal journey started with a degree in law and commerce from GNLU, Gandhinagar. 5 years in Gujarat were incredible for me thanks to the people I met. I learned a lot and  also developed a fondness for Gujarati language. My law school journey revolved a lot around mooting and internships. I got my first taste of international arbitration through a moot in Frankfurt in 2011. I graduated from GNLU with an all-rounder scholarship and joined the bar. Alongside law school, I had worked with some leading senior counsel including Mr. Mihir Thakore, Mr. Soli Sorabjee, Mr. Siddharth Luthra and Mr. Ram Jethmalani. However, I was guided by my mentors to join a junior counsel office upon my graduation where I would learn written and trial advocacy.

    So fresh out of law school, I had the privilege of being a junior for two incredible lawyers Mr. Debesh Panda and Ms. Amrita Panda. While they are both married and work together, their styles are very different. In addition to their own stellar training as a junior to some of the greats like Mr. AK Ganguly, Mr. Rajshekhar Rao and Mr. Satish Manishinde, both of them had gained advanced academic exposure overseas and this showed in their finesse. I also worked closely with my colleague Mr. Naman Maheshwari who was senior to me and patiently guided me on practical nuances. Inspired by the journey of my seniors, I applied to the MIDS program in Geneva and was fortunate to get awarded a full scholarship to attend the same. 

    Living and studying arbitration in Geneva was amazing. The experience at MIDS is unmatched and the cohort, faculty and alumni go the extra mile in ensuring it. MIDS truly broadened my horizons and made me feel that I had unlocked new levels in a game that I had barely understood before. The chance to study under giants of arbitration like Gabrielle Kauffman-Kohler (my thesis supervisor), Emmanuel Gaillard, Zachary Douglas, Lawrence Boisson de Charzounes, Albert Yan Van Den Berg, George Bermann and others was a sumptuous treat. The learning from other members of the cohort is also enormous. After my time in Geneva, I got the opportunity to continue my education at The Hague Academy of International Law and the National University of Singapore (NUS) on full scholarships. At NUS, I got the chance to study arbitration under leaders like Lucy Reed and M. Sornarajah, and also study subjects like Oil and Gas law. 

    In my view, the key to cracking scholarships is demonstrating a balance between ability and inability to contribute. Ability to contribute positively to the cohort and the larger ecosystem if such an opportunity is given to you; as well as inability to contribute economically to access such an opportunity without assistance. 

    Your career has evolved from starting as an Advocate before the courts at Delhi to key international roles including at Drew & Napier LLC in Singapore. What motivated this transition, and how have these diverse experiences shaped your approach to dispute resolution and international arbitration?

    My stint at Drew & Napier (DN) happened by chance. While I was at NUS, I was working with Dr. Michael Hwang as an intern. He suggested that I also try to gain some experience at one of the leading disputes teams in Singapore. I reached out to my first choice, DN and fortunately got assigned as an intern to the Chairman Mr. Jimmy Yim, SC. I assisted Mr. Yim and his stellar team on a few matters including an arbitration trial. In the middle of a hearing at Maxwell Chambers, Mr. Yim took me out during the lunch break to a nearby restaurant and graciously invited me to join his team full-time after NUS. I was initially hesitant as I had a practice in India to return to but, the world has seen very few charmers like Jimmy Yim. 

    And thus after NUS I joined DN under Mr. Jimmy Yim, SC who was leading the disputes practice. Mr. Yim is one of the fiercest advocates and a master strategist. He is gifted with an unparalleled understanding of people. I think that the incisiveness with which Mr. Yim cuts through to the relevant facts from a bundle of files should be a spectator sport for amateur lawyers. His presence in a room, be it a court, arbitration or simply a meal is unmatched. 

    I also worked under Mr. Mahesh Rai, the youngest ever equity partner in DN’s 130+  year history, and for good reasons. His journey is truly inspirational and I have never seen someone who can handle such large volumes of complex work with such regal finesses, and yet be a good boss and colleague. 

    Even till today I often prepare arguments thinking how would Mr. Yim argue this or think what would Mahesh say if he reviewed this draft of mine. I have tried to train my own team at Skywards Law based on much of what I learned from colleagues at DN.

    During your time at Drew & Napier LLC in Singapore, you dealt with international arbitration and the laws of various countries. Can you share an interesting case or project from that time and how you think the Arbitration landscape in Singapore differs from that of India?

    DN is one of the citadels of disputes practice in Singapore. While I was an International Lawyer at DN, I had the chance to do a variety of matters across sectors like commodities, construction, shipbuilding, oil and gas, aerospace, aviation, hospitality, entertainment and others. 

    I fondly recall being the associate in a 4-member team for an international arbitration against an Indian PSU. Our team which was led by Mr. Jimmy Yim, SC and Mr. Mahesh Rai, acted for a South Korean Chaebol in the matter and the quantum was upwards of 200 million USD. The opposite side was represented by Indian counsel and the tribunal was a mix of retired Indian supreme court judges and a leading British QC (now KC). The arbitration was seated in Singapore, governed by UNCITRAL Rules and Indian Law. The similarities and differences of Indian and Singaporean legal traditions in the background of an intense trial being held in Maxwell Chambers came to the fore repeatedly during that trial. 

    There is much similarity in the letter of Indian and Singaporean arbitration law (both are common law and model law following countries). However, there is a huge difference in the spirit with which it is practiced by lawyers and arbitrators. In my view, Singaporeans have a beautiful pragmatic way of approaching commercial dispute resolution. Everyone conducts their job with military discipline and is respectful of the fact that they are charging by the hour to provide exceptional quality and dedication to the mandate. Timelines are very short and everyone puts their heart into delivering exceptional work within truncated timeframes. 

    Perhaps some of it is also a result of their post degree legal education system. Singaporean legal training is far more rigorous at the start of one’s career than India, and it is an ongoing process throughout one’s professional journey. Their system of admission to the bar is far longer and rigorous than India. Moreover, their CPD points system ensures that lawyers keep up with advancements in the field every single year. 

    Another memorable experience is when Mr. Yim and I supported a client in the entertainment industry in securing a multi-million dollar naming rights agreement i.e. agreement for the name of a theatre, from a leading real estate company.

    Your internship under Dr. Michael Hwang, the former Chief Justice of the DIFC, is a noteworthy achievement. How did working with such a distinguished figure impact your professional development, especially in international arbitration? Can you give an example of how this mentorship influenced your approach to subsequent arbitration cases?

    I had the chance to work under Dr. Michael Hwang for a short while in 2017. My internship was the event that turned my distant admiration for his work into a personal rapport. My learnings from him, over the years, have had a profound impact on my life. 

    Dr. Hwang, who is today one of the most celebrated thought leaders in arbitration, has also been a fierce advocate, an exceptional judge (in Singapore and Dubai), a prolific writer, a teacher of the law and a philanthropist. He is also one of my absolute favorite legal war-story-tellers. 

    In addition to unparalleled credentials, his love for the development of arbitration law is something I resonate very closely. From writing seminal articles which were the genesis of terms-of-art in arbitration (like Guerilla-Tactics), to establishing the Michael and Laura Hwang Chair in International Arbitration at NUS. His actions have truly inspired generations of lawyers, judges and academics, and his singular impact on the practice of international arbitration is outsized. 

    For me, just spending quality time with MH (as he is fondly known in his alumni circles) is a growing experience that shapes perspectives on all cases that my team and I handle. Even till date, I speak to him on videocalls and try to catch an exceptional meal with him every time I am in Singapore. Further, his lessons in written and oral advocacy are ones that have helped our journey the most. We try to emulate parts of his style in the small and big elements of our drafting and speech. 

    Recently, I have had the chance of extending the privilege of Dr. Hwang’s guidance to members of my own firm and my class at NLU, Delhi. Dr. Hwang took the final class of my 55-hour seminar course on the topic Advocacy: The Arbitrator’s Perspective.

    As a Partner at Skywards Law, you lead Dispute Resolution and represent clients in complex multi-party and cross-jurisdictional arbitration cases. Could you discuss your strategy in handling one such high-stakes case?

    Skywards Law is a boutique law firm. Our strategy in every case and situation is bespoke. However, every strategy has to be grounded in a deep understanding of the facts and circumstances. In many cases that also includes developing an understanding of the underlying technical aspects. A mix of our training, experience, teams and specialized technology help us to pre-empt issues and resolve legal matters efficiently. 

    In a recent arbitration involving a coal-related international transaction where we acted for a Singaporean entity, a dispute arose on various issues. The agreement, which provided for a three member tribunal, was governed by Singapore Law and SIAC rules. Upon digesting the facts and numbers we understood the need to balance costs with quantum. So we first got the proceedings converted to an expedited proceeding before a sole-arbitrator. Thereafter, we conducted the procedural hearings virtually and a final physical hearing in Kuala Lumpur (instead of Singapore). Using a few other strategies, we were able to get a favorable award within less than a year at a lower cost than initially estimated with substantial legal costs awarded to the client in the final award. 

    How do you foresee the future of international arbitration in the Indian legal landscape?

    In my view, the future of international arbitration in India appears to be exceptionally bright. As the country emerges as a business hub with massive import and export of capital, goods and services, the preference of companies for arbitration (for international disputes) is clear due to its flexibility and efficiency when compared to alternatives. It is however, an imperfect system with much scope for tactics and abuse. 

    A key driver of this progress is the pool of exceptional lawyers who are not only acting for Indian clients but for global entities, who are acting as arbitrators, leading institutions and becoming thought leaders. Their expertise and dedication is building confidence in India’s arbitration ecosystem and making it increasingly attractive. 

    Legislative and judicial efforts towards bolstering India’s position have played a key role. For example the Arbitration and Conciliation Act has been amended multiple times with a view to fine-tune it and create a robust framework. The appellate courts have pro-actively supported the development of a judicial ecosystem that respects arbitration. 

    The ecosystem is further supported by the efforts of the bar and prominent Senior Advocates such as Mr. Gourab Banerji, our Attorney General and Solicitor General, Mr. R. Venkatramani and Mr. Tushar Mehta respectively, Mr. Gaurav Pachananda, Mr. Shashank Garg and many more.

    While India is far from achieving its goal of becoming a global hub for international arbitration, I believe that it is much closer to this goal than it was just a few years ago. The proliferation of thought-leadership events like the Delhi Arbitration Weekend, the mushrooming of arbitration institutions and the wealth of jurisprudence and literature being developed on the topic are clear indicators of this growth. 

    In 2024, you were appointed as an Honorary Professor at the National Law University, Delhi. Could you kindly share insights about your academic journey with our readers?

    Academia and the progressive development of the law have a special place in my heart. I have been teaching law for over a decade. I started teaching short courses on Investment Arbitration at my alma mater GNLU. I was also involved with some practitioner-oriented sessions at NUS and NALSAR. However, I started dedicating more time to academia after I moved back to India and set up Skywards Law. 

    Initially I taught a 40-hour seminar course on arbitration at the National Law School, Bangalore. Since the last few years, I have been teaching law on Friday evenings at National Law University, Delhi (NLUD) in alternate semesters. I teach a 55-hour seminar course titled “Practical Aspects of International Arbitration”. It is offered to advanced students who have studied arbitration as a subject previously. 

    The University, under the leadership of Dr. G.S. Bajpai was kind enough to appoint me as an Honorary Professor alongside some leading names from India and around the world. In this role, I try to be a catalyst to the University’s broader vision of developing a favorable academic ecosystem for arbitration, business law and international law. I also get the chance to support their thought-leadership initiatives and assist with innovative teaching experiments aimed at grooming young lawyers for the journey ahead. 

    What advice would you offer to young lawyers aiming to excel in International Arbitration, and could you recommend any resources to help them stay updated on the evolving landscape of the field?

    My foremost advice to law students and young counsels is to have fun and enjoy the process rather than fixate on a future destination. International disputes practice is a highly competitive field in the practice of law. In the long run, this is a game of resilience over brilliance. Life is full of ups and downs, focusing on long term progress instead of short term gratification and optics. Focus on ‘doing’ over ‘being’. Excellence is the eligibility criteria for the higher echelons of the game and being a well-rounded personality will help you sustain your journey.

    However, international disputes is a dynamic field with much scope for value addition and innovation in the short term. Young counsels should embrace this spirit and always seek opportunities, however small and try to do their best in it. Another advice would be to find good mentors and build long-term relations. 

    Young counsels can consider gaining practical insights from summer schools such as the Paris Arbitration Academy, Geneva Summer School, Basel Winter School, the Hague Academy of International Law etc. An LL.M. is not essential but goes a long way in building and boosting one’s career by getting you a seat on exclusive tables. Though these courses come with a significant financial commitment, there are various ways to secure funding. In my view, getting into elite programs is often more challenging than securing the funds for it. 

    Given your demanding career and professional obligations, how do you unwind and maintain a healthy work-life balance?

    Maintaining a healthy work-life balance is integral to sustainability in a demanding profession. Temperament and balance are very important for a lawyer to remain objective and efficient. I believe that taking breaks and pauses help a lot. I also believe that philosophical concepts like joie de vivre and pursuit of happiness are very important and thus I intersperse my work life with experiences beyond the law that bring me joy and happiness.

    As an avid traveller, I try my best to take multiple trips every year. Some of these are vacations, some are weekend getaways and some are just extensions to work trips. So far, I have travelled to over 30 countries and over 200 cities. I look forward to exploring more destinations in the Americas and Africa in the near future. I enjoy travelling alone, with my wife (who is a former travel journalist) and with friends and with family. 

    Music is another constant companion in my life. I have a deep love for exploring new musical creations across genres and artists from around the globe. The creative genius in music continually amazes me, reminding me of the boundless possibilities of human expression. Audiobooks have also become an essential part of my routine, especially as they fit seamlessly into busy schedules. Whether I’m driving, waiting for a meeting or at the airport. Skilled narrators made the process of consuming books easy and incredibly relaxing. 

    I also get to maintain a balanced life due to my stellar associates (gratitude shoutout to Eshan Chaturvedi, Arijit Sanyal and Arundhati Kale), and colleagues from other teams at Skywards Law who accommodate my schedules with patience and optimize my time efficiently. 

    Get in touch with Garv Malhotra –

  • “I think the 2 most important skills that a lawyer needs, in order to thrive in the fast evolving legal environment, is preparedness and humility.” – Sugyata Choudhary, Principal Associate Dhaval Vussonji & Associates.

    “I think the 2 most important skills that a lawyer needs, in order to thrive in the fast evolving legal environment, is preparedness and humility.” – Sugyata Choudhary, Principal Associate Dhaval Vussonji & Associates.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With a decade of experience in commercial disputes, what initially inspired you to pursue a career in law, particularly in the area of dispute resolution? 

    So I did not really have it all figured out for me initially when I was making a career choice. Like most teenagers, I was confused and didn’t even know what I wanted to do. I had done 11th and 12th grade in the Science stream and at that point of time I had never fancied a career in law. I was more inclined towards doing either medicine or any other para medical field. Due to some family circumstances at that point in time, I was unable to pursue medicine and had to fall back on the next best career choice. The confusion did not end here. I saw both law and journalism as reasonably good career options. While the power that came with being aware of our rights inspired me to pursue law, I was equally enticed by the power to make a mass impact that came with being a journalist. I wanted to be able to make some sort of impact in what I did, so I secured admission in a journalism college on the same day when the first merit list at GLC was to come out. But as life would have it, something made me realise that I can make an impact even by pursuing law. So I left the admission secured in journalism and signed up for the five year law course instead. That was how I began my journey in law.

    After earning your degree and being designated as a Solicitor, how did your early experiences in litigation at various law firms help shape your approach to handling complex commercial disputes? What were the key lessons you learned during this period? 

    While in my 4th year of college I made an unconventional but conscious choice of signing articleship for 3 years for qualifying as a Solicitor with a small boutique law firm in Mumbai which was primarily into dispute resolution. Even after qualifying as a Solicitor I continued working at this firm for a couple of years before I moved to a bigger firm. I was fortunate to be exposed to some very sensitive matters at this time including arbitrations, suits and writ petitions that were both complex and high value. So right from the start I was directly put into the hot tub and had to find my way into understanding complex commercial disputes and finding ways to resolve them. I believe that it was the training that I received during this time which set an extremely solid foundation for a decade of my career in dispute resolution that lay ahead. Many litigation lawyers are often given the advice that you must start practicing with the smaller courts, because this is where you actually learn the nitty gritty of trial and procedure. I did quite the opposite. I started my career with litigation in the Bombay high court and even supreme court, and quite honestly, I think it worked out beautifully well for me. The precision that is required for handling complex disputes in the higher courts forced me from the very start to pursue accuracy in whatever I was doing. Since the stakes in every matter that I was handling were high, there was very little room for error, which forced me to check, and re-check my work which was, I think, an extremely essential skill that one needs to develop in this profession. As far as nitty gritty of procedure is concerned, in my experience, I did handle a fair amount of disputes in the lower courts as well, and to be honest, I felt that the higher courts followed a more precise way of following the procedure with lesser adjournments and delays and more precision in interpretation of the law. Another key lesson that I learnt in my initial years at law firms was how to handle clients. Client counseling is a skill that is extremely crucial for the purpose of understanding a dispute and then effectively resolving it. Exposure to different kinds of clients, both corporate and individuals, understanding the dispute, understanding what exactly is the remedy that they are seeking, these things were extremely important. A client himself can make or break his own case and to get the right information out of the client is sometimes a very underrated skill. So these were some of the key learnings that I had during my initial years.

    You have significant exposure to both domestic and international arbitration. Can you share how these two spheres differ in terms of legal approach and challenges, and what has been your strategy for effectively navigating both?

    I believe, earlier on, while institutional arbitrations were not as popular in India, and ad hoc would be the natural first choice of parties, there was a vast difference in the way arbitrations were conducted in India and Internationally. Thankfully, the UNCITRAL and CIArb have done so. Post the 2015 amendment and the increasing pro-arbitration jurisprudence in India, the gap has narrowed down quite a fair bit . For example, something as simple as fast track arbitrations or document-only arbitrations was a concept India was oblivious to until recently. Fair to say that on interpretation of the law, there were not much difference in the approach, however International arbitrations have their own challenges when it comes to costs of arbitration. However, more than the arbitration proceeding itself, the major difference, which I believe will always exist, is in the system of the courts of various jurisdictions in challenges to the arbitration award or the arbitration procedure. The best strategy to effectively navigate both kinds of arbitration is to be open to learn, no matter how experienced you are in the profession, to be flexible in your approach to learning and most importantly to be observant of the smallest details.

     As a Fellow at the Chartered Institute of Arbitrators, how has this designation enriched your skills and approach to arbitration? 

    I had taken the Accelerated Route to Fellowship, from CIArb London and I must say it went a long way in widening my knowledge of arbitration. The standards of procedure and conduct of international arbitration was meticulously explained by CIArb and the method adopted to teach during the course was key in building skills which are absolutely essential for a successful career in arbitration. The study was a rigorous one, which contained case study based, and unconventional questions, which forces one to think out of the box and present solutions. It ended with a rigorous award writing assessment, which further trains the mind to think from the arbitrator’s perspective and balance equities in a dispute. CIArb is also an internationally acclaimed standard and exposed me to a network of some of the brightest minds in Arbitration. I highly recommend budding arbitration practitioners to pursue the fellowship from CIArb to widen their knowledge and network. 

    In your current role, you focus on banking/real estate litigation and advisory relating to enforcement of security by Financial Institutions . What are the most common challenges faced by financial institutions in these areas, and how do you tailor your legal strategies to meet their needs?

    In my current role I work on complex matters relating to recovery of stressed assets by financial institutions as well as Banking and real estate related litigation. I have come across cases with large amounts of money which turn into non-performing assets for these financial institutions due to the default of the borrowers. Most commonly, the challenges faced by these financial institutions comprise of dealing with fraudulent transactions made by the defaulting borrowers like multiple sales of their security, siphoning of monies and even forgery. Another major challenge faced by these institutions are the legal complications that arise due to the interplay of various laws in the country like RERA, SARFAESI, Transfer of Property Act, Slum Rehabilitation Law and general laws that sometimes form an impediment in enforcing their security effectively and delay the recovery process. My job in my current role is to work on effectively designing the best legal strategies for helping the clients achieve fast recovery of the stressed assets in the most efficient manner, and thereafter to implement that strategy, which may contain a combination of remedies. The most effective way of doing this is to keep myself abreast with the latest legal developments in banking and real estate related law and applying the latest law to the peculiar circumstances of the given case in order to come up with the best way forward. 

     Given your diverse background, what do you think are the key skills and qualities a lawyer needs to thrive in the fast-evolving legal environment, particularly when dealing with multi-jurisdictional disputes or complex financial matters? 

    I think the 2 most important skills that a lawyer needs, in order to thrive in the fast evolving legal environment, is preparedness and humility. I always believe it is extremely essential to know your brief like the back of your hand. Preparedness in law is a tool that can make a lawyer formidable. This must be coupled with humility. As our senior Mr. Fali Nariman put it, I quote : “The moment you say, you know everything, I’m afraid, that’s the beginning of your downfall.”

    In addition to your demanding legal practice, how do you maintain a healthy work-life balance? Are there any personal habits or practices you find particularly useful in maintaining focus and achieving long-term success in your career? What strategies do you use to remain calm in high-pressure situations? 

    I am sometimes unable to stay consistent, but I do follow some sort of physical exercise for half an hour in the morning. It could be home work outs or yoga or just stretching exercises. Physical movement works wonders to keep the mind balanced and cope with stress. I also try and make it a point to travel whenever I get the opportunity. Also, meditation and spending time with Animals or in nature goes a long way to give the mind the much needed pause and refuel back into action. I read this somewhere and I believe it is so important for everyone in the hustle culture to know this- “Rest is not taking the foot off the gas, it is putting fuel in the tank” .  

    What advice would you offer young lawyers who wish to specialize in arbitration and build a successful practice similar to yours? 

    Few things: 1. Never be lazy to read. Know the difference between just reading something mechanically and understanding what you read. 2. Organise your brief well. We often underestimate the impact organisation has on productivity and when dealing with voluminous papers and proceedings, organisation can sometimes make or break your case 3. Cultivate the practice of updating yourself with the latest judgments. Arbitration as a practice area is evolving very fast with jurisprudence changing almost every day. Keeping abreast with the latest law makes a huge difference when it comes to advising clients.

    Get in touch with Sugyata Choudhary –

  • “Our mind learns a lot by observation, sometimes without us even being aware of it; and there is no better place to see the law actually play out than in the trial courts.” – Aman Vijay Dutta, Arbitration & Disputes Lawyer at Chambers of Aman Vijay Dutta.

    “Our mind learns a lot by observation, sometimes without us even being aware of it; and there is no better place to see the law actually play out than in the trial courts.” – Aman Vijay Dutta, Arbitration & Disputes Lawyer at Chambers of Aman Vijay Dutta.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With nearly a decade of experience across various areas of law, do you feel that law was always your intended path, or were there specific factors that guided you towards this profession?

    Strangely, the practice of law was the last thing I thought of as a child. I was never very studious and never really sat down to think of what I wanted to pursue as a career. My mother, who is a scientist, was insistent that I must obtain a professional qualification. And it was my father, who is a businessman, who first suggested I study law; he’s in the business of real estate and saw potential in the practice of law. In a nutshell, both my parents were of the view that I obtain a professional qualification, and then do whatever I deem fit, provided it was constructive. And I’ve seen that, law or anything else, this emphasis on professional qualification is arguably one of the most important things that a child can be directed towards in the absence of any pre-disposition or pre-existing plan. But after joining law college, and seeing students work as hard as they did with moots, debates, research papers, and internships, I began to lose interest; it seemed like a lot of work. In fact, around the 3rd year in law college, I even toyed with the idea of leaving the law all together with a BSL Degree. I didn’t realise it back then but, sub-consciously, my plan was to join my father’s business. It seemed like the easy way out. I even did an internship of sorts with his firm – he was a task master and I was a complete misfit because of my indiscipline. Once I saw that I’d have to work equally, or maybe even more hard with him, I decided to give law a shot. 

    In other words, I was a very dull and unambitious student until my 4th year; it was only around this time that I began to consider giving things a shot; I began to read and participate in moots. That changed a lot for me. And the moment I surrendered myself to the law, I couldn’t imagine going back. In hindsight, I can’t see how I’d been doing anything but practicing law. This profession has re-moulded me in ways that were so necessary but impossible anywhere else.

    You began your career in the Litigation team at a law firm. What were the key learning experiences during that time that shaped your legal perspective and influenced your career path?

    The first key learning was that come what may, the trial courts offer learnings that no other forum can offer in litigation; trial work is trial work. My first year of law practice (at Hariani & Co.) was exclusively restricted to trial courts, or tribunals of first instance. While it got boring at times, it was the most enriching overall experience. The reason for this is simple: Our mind learns a lot by observation, sometimes without us even being aware of it; and there is no better place to see the law actually play out than in the trial courts. That one year set a solid foundation in my mind about what the practice of law was at its very essence; facts first, procedure next, and then, the substantive law. 

    The second learning was that the more time you spend with a matter (mentally), the more you seem to get it. I have no doubts that –although my foray into arbitration was not to happen until 2 years after– I would not have gotten into this space, had it not been for my time at Hariani & Co., Pune. My time there, also showed me the tremendous potential that lay in establishing a trial practice, contrary to popular beliefs. When it came to civil law, everyone wanted to be in the Higher Courts or in the Big law ecosystem, perhaps, because they haven’t seen the plus sides of a career as a trial lawyer. And a lot of your baselining of what the future might hold, takes place during your first two or three years. So it’s important that your environment during these first few years gives you hope. There was not a single big case in the city that the firm wasn’t involved in. I was lucky that way. Hariani & Co., ingrained a think big mentality of sorts in my mind.

    During your time at AZB & Partners, you worked on a significant arbitration case against a Japanese conglomerate. What were some of the unique challenges you faced, and what strategies did you employ to successfully navigate those challenges?

    The things I learnt whilst working on that matter were probably my biggest learnings in practice until then. While it did concern a foreign entity, the opponent in the matter was an Indian subsidiary of that foreign entity – so it was a domestic arbitration through and through; that’s for context. What made that case challenging was the sheer volume of the records; the matter revolved around disputes between a contractor and sub-contractor over civil and mechanical work done at India’s largest thermal power plant. Although up to that point, I had worked on cases where the monetary stakes were even higher than those involved in this arbitration, the volume of the records in the previous cases was nowhere close. So the biggest challenge for me was to get a grip on the documents and the facts. I remember my boss repeatedly laying emphasis on the list of dates being as accurate as possible. It was overwhelming and I found myself lost almost every day. So the biggest takeaway from that arbitration was the importance of organizing your brief, getting a grip on facts, and your thoughts. In one sentence, I’ve learnt that the only strategy to focus on in any case, is to simply have a command over the facts. If you do that one thing right, the rest of it somehow seems to fall in place almost automatically. If you’ve done a good job with organizing and presenting the facts, transparently (emphasis added), to a Judge or an Arbitrator, then you have done half the job. If you’ve been honest and precise in your presentation, the decision maker’s work load is considerably reduced. They need not spend as much time ascertaining or weeding out each and every fact; that frees up mental space for them to apply the law accurately. The output will almost always depend on the input. 

    After working with two prestigious firms, you chose to establish your own practice. What motivated you to take this step, and what were some of the initial challenges you encountered while setting up your practice?

    I was always clear that if I practiced law, in the long term, it was going to be on my own; else, I’d give up practicing all together. I couldn’t see myself being a transactional lawyer or sitting in house, or only briefing other counsel. To do it any other way, was not something I could get myself to do willingly. It isn’t like I didn’t try to restrain myself and stay a little longer within the law firm ecosystem. But it was not in my DNA, and I was not doing justice to the jobs at hand; it was either leaving that ecosystem or leaving the law altogether. I decided to leave the former, albeit on an impulse, and initially regretted the decision a lot. But it is, in hindsight, the best thing that I’ve done. Initially after commencing independent practice, fear was the motivation. But I was fortunate that I got good work and opportunities from almost the first week, if not day, of my independence. Plus, I had no responsibilities and my parents were there to support me in every possible way. I could wax lyricals about “struggle” or challenges but there wasn’t any; there was a lot of self-doubt, many long hours, a lot of being alone as opposed to having colleagues, and so on. But that’s just nitpicking; I had work, my clients were fair, my parents were supportive, and I had no responsibilities. So no challenges. I only had to show up, and the rest somehow took care of itself. 

    Since launching your independent practice in January 2019, you have represented clients in various courts and arbitration tribunals. Could you share one of your most memorable or impactful cases, and what valuable insights did you gain from handling it?

    Come to think of it, strangely, it’s not an arbitration matter. I’ve had some extremely memorable experiences: my first argument – before a Small Causes Court; my first arbitration in which I was part of a team that appeared before 3 retired judges of the Supreme Court, against some of the finest arbitration lawyers of the country; my first ever cross examination – against a prominent German automobile manufacturer, an arbitration I won, albeit not as thumpingly as I’d like; representing Rapido against an obstinate State Government; my first brief as an arguing counsel. But the matter that stands out is a case that I did before the National Green Tribunal against an environmental clearance granted to a slum rehabilitation scheme which was being constructed by a prominent developer and the Pune Municipal Corporation. My client had challenged this clearance and other permissions and, incredibly, had lost before every forum including the Supreme Court; that is when he came to me. I spent months on the case and managed to pull out one seemingly small but actually significant violation which had not been agitated before or adjudicated by any court or tribunal. We managed to succeed based on the law laid down in the Forward Foundation. After the matter was disposed off, my opponent became my client. I could think of no better end to that litigation. That will always be special. 

    You have represented Roppen Transportation Services Private Limited in multiple forums. Could you describe the key complexities of this case and the challenges of representing a transportation company in such matters? How did you approach the legal strategy?

    What made this case peculiar was that something new kept happening almost every day. I’m based out of Poona but was practically living in Bombay for almost three whole weeks – afternoons were usually spent in my car at Horniman circle, waiting for the next call while populating the ever expanding list of dates. Before you knew it, you had to file something before the State Transport Appellate Tribunal, the Regional Transport Authority, and the Bombay High Court – things were on extremely short notice. Plus, there was some FIR or the other being registered against new employees every day. Added to that was the volatility of autorickshaw drivers. I was even threatened once. It was exciting and intimidating at once. 

    The matter hinged on the Motor Vehicles Law in Maharashtra, the Constitutionality of the State Government’s prohibitive actions, and Roppen’s right to ply in the absence of specific regulations for bike taxis; the complexity was owed to the fact that the grievance that Roppen had, on first blush, was more to do with policy making which is almost exclusively within the domain of the executive. All the same, there was no express embargo on plying of bike taxis. In fact, the central government had recognized the right to use motorcycles as contract carriages, as far back as in the year 2004. But the state government had nothing in place; and this being a concurrent list subject, the State maintained that it had absolute dominion to call the shots. All the same, there was an aggregator’s policy in place in Maharashtra but the Government kept insisting that bike taxis were illegal. It was a mish mash of law, both for and against us. 

    The strategy was simple: ensure compliance of the aggregator policy, and exhaust all alternative remedies before approaching the High Court and finally mounting a challenge to the constitutionality of the state law. We worked on the issue as a whole for almost a whole year, and in November 2022, even managed to convince the High Court to set aside an order of the RTO Pune, without having gotten into the merits. The matter was primed for us to move with this part of the challenge – the constitutionality, coupled with the fact that the government of Maharashtra had not obtained presidential assent to do away with the central law. But at the last minute, the clients decided to refrain from mounting this challenge on advice of other counsel, who had different ideas and took a different route; Roppen was ordered to shut down on 13 January 2023.. But the state government has finally come up with a policy; that was a relief. 

    The experience was incredible because I was the lead Advocate for the longest time. Drafting representations, appeals, petitions, overall strategy, understanding the views of the GCs, the stakeholders, and even appearing in a few matters and briefing Senior Counsel in others. It was a lot to take in. A different kind of learning. 

    As a guest lecturer at several universities, including your alma mater, what do you find most rewarding about teaching? How do you incorporate your practical experiences into your lectures, and how do you foresee the future of Alternative Dispute Resolution (ADR) evolving with the rise of technology in the legal field?

    The satisfaction of seeing someone understand a particular point or provision of law based on your expression of it, is the most rewarding aspect of teaching. Added to that, is the fact that if you’re serious about doing a good job as a professor, you need to be thoroughly prepared and really understand the subject deeply. This, in turn helps in expanding your own stock of knowledge, which is key to a good law practice. Teaching that way is a win-win for all concerned. I am of the firm opinion that any practicing / litigating Advocate cannot be at his or her best without being in constant touch with his or her academic or theoretical –some might even say– impractical or idealist side. I make it a point to explain threadbare the details of cases I’ve handled, while explaining a particular issue and I try to correlate the case with the provision we are studying; trying to draw out as many parallels as possible. I’ve found that to be one of the most effective ways of reaching into the minds of the students or recipients. As far as technology in ADR goes, of course, we aren’t at par with many foreign jurisdictions. And even things like virtual hearings and email filings have come into the mainstream in India, only post the pandemic. So while there is certainly a lot going on in that space, I don’t think India is ready yet. A lot of legislative groundwork needs to be laid before we can think of using advanced technology in India’s ADR ecosystem. 

    You have expressed a strong interest in philosophy, psychology, and history. How do these interests influence your approach to law and contribute to your professional growth? Do you find these subjects shape your views on justice and conflict resolution?

    My interests in philosophy and psychology stemmed from my need to find myself answers when I’d hit a rough patch. I was lost and miserable, both, personally and professionally. I’m glad that that happened very early on in my career. I think self-awareness is key for persuasion skills; one can only try to understand others, if they’ve looked within and understood their own self. Plus, it helps you deal with negativity a lot more effectively. I also think cognitive biases and heuristics should be taught in every school; things like the Pygmalion effect, the Confirmation bias, the Sunk Cost fallacy, and so on. These are aspects of everyday life, both in and out of court. And unless we understand the fallacies which are inherent in our thoughts as human beings, we can’t do justice to our jobs as Advocates. It also helps to keep the ego in check. All things equal, I think that an Advocate with a better stock of knowledge on psychology, has an edge over another with lesser of it. Philosophy is more to keep yourself on course when you’re despondent or face a setback, whether in or out of court. 

    I’ve always been interested in history. And, again, I don’t think there’s a better way to understand the future than by first understanding the past. They say every thought or idea that you might have, has already been thought of by someone else. That, in and of itself, should answer to its significance. And if that isn’t enough, even in our work as Advocates, we’re guided by case law – which is another piece of history. I’ve learnt that history also improves your Court craft in an unexplainable & intangible way. I can’t point out exactly how, but it does. 

    What advice would you give to young lawyers aiming to specialize in arbitration and build a successful practice like yours? Additionally, what resources or strategies would you recommend to help them stay updated on the latest legal trends?

    I think that inherent within the idea of being updated, is the presumption that we know what the law was or has been. I think therefore that staying updated on the law, begins with going back to its very origins. The history of the law is what will help you effectively understand the present. And so, focus on reading law reports (they’re freely available on ESCR now); the further into the past you go, the easier it becomes to keep up with the latest developments. 

    Coming to building a law practice, I don’t think I’m successful, given where I’d thought of getting by now, when I was a student. But yes, given where I began, I’m satisfied; much more than that actually. This is to say that I don’t think I’m qualified enough to  talk about building a successful practice, just yet. What I can offer, however, is advice in the form of a few eternal truths that I’ve come to know,  not understand. Know. 

    1) Your ability to succeed at anything is no small measure, directly proportionate to your ability to stick it out. There’s a reason they say that a rolling stone gathers no moss. 

    2) The more you read, the luckier you get. Especially the bare text of the law. 

    3) Procedure and Evidence are the keys to any door when it comes to civil and commercial work; and,

    4) You are your biggest resource. Never sell yourself short.  

    Get in touch with Aman Vijay Dutta –

  • “My motivation stems from a desire to make a tangible difference through my work. Every case is an opportunity to advocate for justice, contribute to governance, and create a positive impact.” – Amod Kumar Bidhuri, Advocate On Record at Supreme Court Of India.

    “My motivation stems from a desire to make a tangible difference through my work. Every case is an opportunity to advocate for justice, contribute to governance, and create a positive impact.” – Amod Kumar Bidhuri, Advocate On Record at Supreme Court Of India.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    What initially inspired you to pursue a career in law? Were there specific factors that shaped your decision?

    The decision to pursue law was driven by a confluence of personal experiences and values. Coming from a family where integrity and public service were paramount, I grew up watching my father, Chaudhary Veer Singh, uphold honesty and credibility in every aspect of life. His example instilled in me a desire to pursue a career that could make a meaningful impact on society.

    During my tenure as Executive Counsellor in the Delhi University Students’ Union (2003–2004), I encountered the real-world challenges of governance and conflict resolution.I saw firsthand how law plays a pivotal role in addressing grievances and maintaining order. Advocating for students’ rights and negotiating with authorities underscored the importance of the law as a tool for empowerment. These formative experiences, coupled with a desire to address societal inequities, solidified my commitment to the legal profession. I realised that law is not just a profession but a tool for creating meaningful change and that realisation became the foundation of my career.

    What pivotal moments helped develop your legal knowledge and skills early on? Did you face any significant challenges?

    Working with seasoned lawyer Sh Charan Singh Verma in District Court, Saket was what laid the foundation of my career but the most pivotal moment in my career was joining the cChambers of Advocate-on-Record Ankur Prakash in Hon’ble Supreme Court of India. His mentorship was instrumental in shaping my understanding of Supreme Court practice. Under his guidance, I learned the art of drafting pleadings, including special leave petitions, writ petitions, and counter-affidavits. His insistence on precision and thorough research helped me develop a strong foundation in procedural law.

    A particularly defining experience was assisting him in a complex constitutional matter that required interpreting conflicting statutes. Through his mentorship, I gained not only technical skills but also the confidence to handle high-pressure situations. Challenges during this period included managing tight deadlines and navigating the intricacies of Supreme Court practice. However, these experiences laid the groundwork for my future success as an independent practitioner.

    What prompted you to establish your own practice, and what initial challenges did you face?

    After years of learning under my senior/ mentor I felt a strong desire to create my own professional identity. Working with mentors like Ankur Prakash gave me the skills and confidence to start my practice. I wanted to take ownership of my career and build a legacy of trust and excellence in the legal field. Establishing my practice allowed me to work on cases that aligned with my values and aspirations.

    The initial challenges were significant—building a client base, gaining recognition in a competitive environment, and managing operational responsibilities were all daunting. However, the lessons I learned under my mentors proved invaluable. For example, in one of my early independent cases—a property dispute involving multiple parties—I applied the negotiation skills and strategic planning techniques I had observed during my time with  my mentor. Successfully resolving the case helped establish my reputation and brought in more clients.

    Could you share an example of a complex case you handled and how you resolved it successfully?

    A particularly challenging case involved representing a government body in a constitutional matter where the validity of a state policy was questioned. Opposing counsel argued that the policy violated fundamental rights, making the case both high-stakes and politically sensitive.

    Drawing on years of my experience with Ankur Prakash, I approached the case with meticulous preparation. I analysed the legislative history of the policy, collaborated with subject-matter experts, and prepared arguments that balanced individual rights with the policy’s public interest objectives. By presenting clear and well-supported arguments, I was able to secure a favourable judgment for my client. This case demonstrated the importance of combining legal expertise with strategic thinking and reinforced my belief in the power of collaboration.

    What are your responsibilities as a Panel Lawyer for the State of Rajasthan and NBCC? What cases do you typically represent?

    As a Panel Lawyer for the State of Rajasthan, I handle constitutional challenges, criminal  & civil appeals, and administrative disputes. These cases often require balancing the state’s interests with broader public welfare considerations. For NBCC, my responsibilities include managing commercial disputes, advising on contractual obligations, and ensuring compliance with regulatory frameworks.

    My responsibilities include drafting pleadings, representing clients in the Supreme Court and providing legal advice on important issues. These roles require me to balance legal acumen with an understanding of policy implications. Ensuring that my clients interests are effectively represented in critical matters. These roles demand not only legal acumen but also strategic foresight, qualities I developed through years of experience and mentorship.

    What motivates you to stay focused and driven, and how do you maintain a balance between work and personal life?

    My motivation stems from a desire to make a tangible difference through my work. Every case is an opportunity to advocate for justice, contribute to governance, and create a positive impact. My long-term aspirations—to become one of India’s leading lawyers and a respected political figure—keep me focused on continuous improvement.

    Balancing professional and personal life is challenging but essential. I prioritise spending time with my family and engaging in activities that refresh and inspire me. Personal time with family and moments of reflection are essential for maintaining perspective and energy. This balance not only keeps me grounded but also enhances my professional effectiveness.

    How has your role as an Advocate-on-Record shaped your approach to handling complex matters in the Supreme Court?

    Being an Advocate-on-Record has deepened my understanding of the procedural and substantive nuances of Supreme Court practice, it also demands accountability and precision. Handling cases before the Hon’ble Supreme Court of India has sharpened my ability to navigate procedural complexities and distill extensive case records into compelling arguments. 

    My time of association with Ankur Prakash prepared me for this responsibility by exposing me to high-profile cases and teaching me the importance of precision and accountability.

    One unique challenge has been dealing with cases involving conflicting judicial precedents. These require innovative legal reasoning and persuasive articulation to guide the court toward a favourable interpretation. My approach involves detailed research, crafting concise submissions and anticipating questions from the bench to ensure comprehensive preparedness.

    What advice would you offer to young lawyers starting out, especially those interested in both criminal and civil law?

    I encourage young lawyers to focus on building a strong foundation in legal principles and honing their research skills. A criminal and civil law require different approaches – criminal law emphasises procedural precision, while civil law demands analytical reasoning and negotiation skills. Networking with peers and senior advocates is essential for gaining insights and opportunities.

    Additionally, I cannot overstate the value of mentorship. My own experience with Ankur Prakash taught me that having a seasoned professional to guide and challenge you can accelerate your growth and open doors to new opportunities. I also advise young lawyers to embrace challenges, maintain ethical integrity and cultivate resilience. Success in the legal profession is a marathon, not a sprint and consistent effort over time is the key to growth which requires perseverance, and early struggles are stepping stones to long-term achievements.

    How do you prepare for high-pressure legal proceedings, and what strategies do you use for effective advocacy?

    Preparation begins with a comprehensive review of the case file and identifying key issues. I invest time in drafting concise submissions, researching precedents and anticipating counter arguments. Revising /rehearsing my submissions ensures clarity and confidence during hearings.

    In high pressure situations, adaptability and presence of mind are critical. I focus on engaging with the court, addressing questions directly and presenting logical well structured arguments and maintaining composure. I view high pressure situations as opportunities to demonstrate my expertise and adaptability. Effective advocacy, in my view, is about crafting arguments that resonate with the court while addressing the clients objectives. 

    Get in touch with Amod Kumar Bidhuri –

  • AI, Mentorship and the Future of Law: Insights on Embracing Change in the Legal Profession – Bill McCormick, Legal Expert and Mentor, Greater Chicago Area, United States.

    AI, Mentorship and the Future of Law: Insights on Embracing Change in the Legal Profession – Bill McCormick, Legal Expert and Mentor, Greater Chicago Area, United States.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    In your profile, you described AI as a “young associate” in the legal field. Could you elaborate on how AI is redefining traditional legal roles and the kinds of responsibilities we might pass on to AI? How can lawyers adapt to this shift?

    I came to law from a manufacturing and engineering background, which gave me a unique perspective. The legal industry differed dramatically from manufacturing and engineering—specifically the accountability and lack of measurement. Much of law is learned through apprenticeship, which is vastly different from the formal training in engineering. In fact, I felt law school left me far less prepared for my career compared to the preparation engineering school provided for engineers.

    When I entered the legal field, I realized law practices could be more efficient. I compared it to medicine, where patients now play an active role—researching symptoms, diagnosing themselves (sometimes overly so), and bringing their questions to healthcare professionals. Medicine became somewhat democratized, allowing patients to take ownership of their health, for better or worse. This shift hasn’t happened in law on the same scale.

    Most of my career has been in corporate law, and I observed real changes in other corporate departments, like accounting and finance, which moved away from manual tasks toward insightful, risk-based processes supported by software. By contrast, legal departments stayed static for many years. While there were incremental innovations, such as moving from typewriters to word processors or shepherdizing cases online, none of these fundamentally transformed the legal industry. 

    One significant development came with Alternative Legal Service Providers (ALSPs), which began specializing in areas like eDiscovery in litigation. They didn’t threaten traditional lawyers because these tasks were in untraditional fields. Similarly, in-house legal operations began to introduce the idea of running law as a business, but even that didn’t fundamentally change legal practice, which remained heavily relationship-driven.

    We also saw the rise of skilled paralegals, legal process-outsourcers, and other support, but the core practice of law didn’t evolve significantly. In the U.S., access to justice remains a major issue. A large portion of the population can’t afford legal assistance unless they are at a very high-income level. While many dedicate themselves to justice-based work, the problem persists.

    Where I see generative AI playing a significant role is in finally shifting some of the ways legal services operate. Generative AI has the potential to fundamentally change the role of outside counsel by improving productivity, reducing rote work, and allowing legal professionals to practice at the top of their expertise. It could bring greater satisfaction to legal roles by enabling lawyers to focus on higher-level thinking, problem-solving, and client strategy. I’d like to believe this will make the field more engaging—and even more fun.

    Many lawyers fear AI might take over the legal profession. You’ve been teaching AI engineers to understand “how humans do law.” What surprising or challenging aspects of this collaboration have you encountered? How has your legal and engineering background shaped your perspective?

    I wouldn’t go so far as to call myself a “professional” engineer, but my engineering mindset informs everything I do. Regarding AI, I understand the fear—that it might replace lawyers. But I see it differently. As AI reduces costs and improves productivity, legal services become more accessible. More people will be able to afford legal help, and demand will rise. In turn, lawyers will manage more clients while performing at a higher level.

    AI isn’t going to take over the legal profession. It’s going to be a tool—a partner and an enabler. This means lawyers can focus on preventing problems, conducting root-cause analyses, and understanding systemic issues instead of repeating the same tasks or racing against time. That’s why I encourage younger associates not to fear AI but to embrace it, adapt to the inevitable pace of change, and maintain a mindset of continuous learning.

    What have been the most important skills or mindsets you developed while working on more than 35 M&A deals across 13 countries? How did you navigate the cultural and demographic differences in those deals?

    Every culture, country, and even corporation has its own personality. Two key lessons stand out from my experience: humility and collaboration. I don’t assume I know everything. For example, even if I’ve done M&A work globally, the local counsel advising me always knows far more about the nuances of their jurisdiction. They bring priceless insights that I wouldn’t have on my own. Similarly, I’ve learned to be transparent about my preferences, expectations, and objectives while fostering trust.

    In any negotiation, it’s critical to show truth, trust, and vulnerability to create an environment where others feel safe to reciprocate. That allows for the best possible collaboration and outcomes.

    You’ve negotiated with Fortune 100 companies and Big Four banks. What challenges and rewards have you faced in those negotiations, and how have those experiences influenced your role as a mentor?

    The hardest part of negotiations is working with someone unprepared, especially when you’re doing most of the work for both sides of the deal. It doesn’t make for great results. On the other hand, negotiating with the Big Four banks was challenging but rewarding. They were experts—specialists who deeply understood nuanced regulations like credit reporting laws. Collaboration required me to respect their expertise and remain concise and factual while educating them on where our roles aligned. 

    In negotiations, preparation and confidence are essential. But you must also align closely with your team and communicate openly to achieve success.

    You heavily emphasize mentorship and learning. What’s the most impactful piece of advice you’ve received that you pass on to mentees?

    Be true to yourself. Focus on developing your strengths rather than obsessing over weaknesses. I believe we’re all given unique gifts. While it’s important to address our shortcomings, trying to “fix” them at the expense of our strengths does more harm than good. The key is to leverage your natural abilities while minimizing distractions from your weaknesses.

    You seem to live a life of continuous learning. How do you practice implementing new knowledge in both your personal and professional life?

    The key is repetition. Whether it’s a new skill, concept, or even something as simple as someone’s name, using it consistently helps retain it. Skills, particularly technical ones, are perishable if not employed regularly. Teaching, in particular, has been a way for me to cement what I learn. When I share knowledge with others, I not only reinforce what I know but also open myself to learning from their insights.

    Your profile mentions a love of backpacking. How has that hobby helped you manage stress or shaped your approach to life and law?

    Backpacking forces me to unplug. It takes me back to the essentials of life: reaching the destination, managing supplies, and supporting those hiking alongside me. The simplicity is both grounding and rejuvenating. It reminds me to keep stress in perspective and appreciate the privilege of the work I do.

    You’ve had a diverse career across industries like fintech, MedTech, and law. How has this versatility shaped your perspective?

    My career has been a journey of curiosity and learning from diverse environments. Moving between fields allowed me to bring insights from one industry into another. For example, working across corporate governance allowed me to see how brilliant leaders approach complex issues. These experiences have helped me ask better questions, foster collaboration, and apply versatile approaches to newer challenges.

    Ultimately, people matter more than tasks. Empathy, kindness, and respect guide my interactions, whether I’m working with a Fortune 500 CEO or a junior colleague. Maintaining humility and staying true to these principles is essential.

    As technology and societal shifts disrupt the legal profession, how are you preparing for the next decade? How do you mentor others to adopt a similar mindset?

    The legal profession is undergoing the most significant inflection of my lifetime, and I’m excited to be part of the generation ushering in this change. To prepare, I focus on continuous learning—keeping up with technology, gaining simulation-based experience, and staying abreast of fast-paced changes.

    Personally, I see the democratization of justice as a key issue for the next decade. I hope to leverage my skills and technology to support pro bono efforts and improve access to justice. While the system is imperfect and broadcasts its flaws, history shows us that societies cannot exist without the rule of law. Ensuring we uphold and adapt that system responsibly is a challenge I’m ready to embrace.

    Get in touch with Bill McCormick –

  • “Be consistent, work steadily, even when success seems distant and most importantly, remain determined, litigation is not an easy path, but it is one that rewards those who persevere.” – Kunal Kumar, Independent Counsel.

    “Be consistent, work steadily, even when success seems distant and most importantly, remain determined, litigation is not an easy path, but it is one that rewards those who persevere.” – Kunal Kumar, Independent Counsel.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    What motivated you to pursue a career in law, and what factors influenced  your decision to enter this field? 

    While I was a PCM (Science with Mathematics) student in school, I always knew  that engineering or any science-related field wasn’t my calling. At the same time,  my family never imposed their aspirations on me, thus allowing me to focus on  what truly resonated with me. 

    What stood out to me about the law was its dynamic nature and its potential to  impact society. During my senior year of school, I had the opportunity to meet  one of my father’s friends, now a reputed senior advocate. He shared how the  profession is not just about arguing cases in court but about shaping the law,  resolving disputes, and bringing meaningful changes to people’s lives.  “Curiosity, consistency, and determination,” he said, “are the pillars of success  in the legal field.” Those words struck a chord with me and broadened my  understanding of what a career in law could entail. Choosing law was not just  about ambition; it was about aligning my interests with my strengths. I’ve always  been drawn to structured reasoning, persuasive communication, and finding  creative solutions to challenges. 

    Looking back, my decision to pursue law feels both deliberate and intuitive,  shaped by personal experiences, influential encounters, and the freedom to  chart my own course. It wasn’t a single moment but a combination of factors that  made me realize that law was where I could thrive and make a meaningful  impact. 

    You went on to pursue your LL.M. in Dispute Resolution from the Straus  Institute at Pepperdine University, California (2015), where you were  awarded the prestigious Straus Fellowship Award of USD 25,000. What was  the driving force behind choosing this institution for your Masters? 

    During my bachelors in law, I had the privilege of interning with Mr.  Veeraraghavan Inbavijayan, one of the foremost arbitrators in the field, who  became both a mentor and an influential figure in my professional growth. This  internship, although conducted online in 2013—when digital internships were  not as widely recognized as they are today—was an incredibly rewarding  experience. Mr. Inbavijayan tasked me with researching and preparing detailed  notes on various case laws pertaining to construction, maritime, and  commercial disputes, areas in which he was actively serving as an arbitrator. The  real value of this internship came not just from the legal research, but from the  unique opportunity to observe the intricate process of arbitration from a neutral,  impartial perspective.

    This exposure gave me invaluable insights into how arbitration operates as a  mechanism for dispute resolution. What stood out to me the most was the  flexibility inherent in the process, which allows parties to resolve conflicts in a  more streamlined, cost-effective manner compared to traditional litigation. The  freedom arbitration affords to the parties, especially when it comes to choosing  the governing laws and procedural rules, deeply fascinated me. This flexibility  allows for the customization of the proceedings, making it an appealing choice  for complex, multi-jurisdictional disputes that require tailored solutions. The  dynamic nature of arbitration, coupled with its efficiency, was exactly what I was  looking for in the field of law. 

    It was during this time that I became certain that arbitration and dispute  resolution were the areas I wanted to specialize in. This passion led me to pursue  an LL.M. in Dispute Resolution from the Straus Institute at Pepperdine University  in California. I chose Pepperdine not only because of its reputation as a leading  institution in the field of dispute resolution and its leading ranking, but also  because of its practical, hands-on approach to teaching and its strong emphasis  on international arbitration and resolving disputes. The Straus Institute’s unique  curriculum, combined with its faculty of esteemed professionals who have made  significant contributions to the field, made it the ideal place for me to further my  knowledge and skill set. The opportunity to study under experts in the field, while  also engaging with a diverse, international student body, further solidified my  decision. My experience at PepperdineUniversity, particularly being awarded the  prestigious Straus Fellowship Award of USD 25,000, gave me both the academic  foundation and the practical tools to excel in this field. It was a pivotal step in  shaping my career as a dispute resolution professional, and I look back on it as  one of the most transformative periods of my professional life. 

    During your early career, what valuable insights did you gain from your  internships in Dubai, particularly regarding international arbitration? How  were they different from the law firms in India? 

    During the early stages of my career, I had the opportunity to intern at several  prominent law firms in Dubai, which provided me with invaluable insights into  international arbitration, particularly in the context of the Middle East and cross border disputes. These internships were pivotal in shaping my understanding of  the practical aspects of arbitration and the unique challenges faced by  practitioners in a globalized legal environment. 

    One of the most significant takeaways from my time in Dubai was the exposure  to the complexity of multi-jurisdictional arbitration cases. Unlike India, where  many arbitration matters are still in the process of evolving, Dubai is known for  being a hub for international arbitration due to its strategic location and modern  infrastructure. The Dubai International Financial Centre (DIFC) and the Dubai  International Arbitration Centre (DIAC) offer a dynamic and highly regulated  environment for resolving disputes that involve parties from different legal systems. I had the opportunity to work on cases involving international  commercial disputes, construction contracts, and trade agreements, often  involving parties from diverse backgrounds and legal traditions. This taught me  the importance of understanding and navigating the cultural, legal, and  procedural differences that impact the way arbitration is conducted in different  parts of the world. 

    The most striking difference I noticed between law firms in Dubai and those in  India was the level of global exposure and the emphasis on handling cross border disputes. In Dubai, arbitration is seen as a preferred method of dispute  resolution, and the legal landscape is highly international, with professionals  from all over the world practising together. This globalised atmosphere made it  clear that international arbitration requires not just expertise in local law but also  a deep understanding of international conventions, and the nuances of various  national legal systems. The law firms in Dubai, where I interned, placed a  significant emphasis on teamwork and collaboration with international partners,  which helped me develop a more holistic view of the legal process. 

    In contrast, the firms in India, while still handling complex arbitration cases, were  more focused on domestic laws and issues that were more localised,  particularly due to the legal framework in India being still relatively in its  development phase compared to more established jurisdictions. Arbitration in  India often involved navigating a system that had a more procedural and  statutory focus, with a stronger emphasis on litigation and court involvement in  certain cases. This made the experience in Dubai refreshing, as I was exposed to  a more streamlined and flexible approach, where the role of arbitration centres  and the autonomy of the arbitrators were much more pronounced. 

    Overall, these internships in Dubai not only broadened my knowledge of  international arbitration but also deepened my appreciation for the importance  of adaptability, cultural sensitivity, and global legal practices in today’s  interconnected world. The exposure to both global legal practices in Dubai and  the evolving legal landscape in India has given me a comprehensive  understanding of how arbitration can function on both local and international  stages. 

    How was your experience at Pepperdine University, California? Were there  any other courses which were not strictly related to arbitration? How was the  experience of learning different from the law school you attended in India? 

    My time at Pepperdine University in California was an enriching and  transformative experience. Studying at the Straus Institute for Dispute Resolution exposed me to a world of legal education that was dynamic,  interdisciplinary, and practical. One of the courses which was not strictly arbitration  related, and which I truly enjoyed was ‘Mediation – Theory and Practice’, which  was taught by one of the most reputed professors at Pepperdine. The professor’s expertise and real-world experience made the class not only intellectually  stimulating but also deeply insightful. I came to appreciate how mediation, as a  dispute resolution process, can often be more valuable than arbitration,  especially in cases where preserving relationships and finding mutually beneficial solutions are paramount. While arbitration is structured and often  adversarial, mediation allows the parties to have greater control over the  outcome. In mediation, the role of the mediator is not to impose a decision but  to facilitate a dialogue that helps the parties reach their own resolution. This  process, which emphasizes collaboration, negotiation, and empathy, is  especially valuable in disputes involving long-term relationships, such as family  businesses or international partnerships. I found that in many cases, mediation  can help preserve ongoing relationships that could be irrevocably damaged  through arbitration or litigation. For example, in a commercial dispute between  two family-owned businesses, mediation could have been a better approach to  help the parties maintain their business relationships while resolving their legal  issues amicably. 

    Another course that had a profound impact on me was Cross-Cultural Conflict  and Dispute Resolution, which taught me the importance of understanding how  culture influences the way people approach conflict and resolution. This course  was particularly relevant in the context of international arbitration, where the  parties often come from diverse cultural backgrounds. I learned that cultural  differences can significantly impact negotiation styles, communication, and  even perceptions of fairness. For instance, I discovered that in some cultures,  maintaining harmony and avoiding confrontation is more important than directly  addressing the issue, while in others, a more direct, assertive approach is  preferred. A great example of this is the difference in conflict resolution  approaches between Western and Eastern cultures. In the West, particularly in  the United States, a direct, problem-solving approach to conflict is common,  with a focus on resolving issues quickly and efficiently. In contrast, many Asian  cultures, such as those in Japan and China, place a higher value on maintaining  face and relationships, often preferring a more indirect, collaborative approach  to resolving disputes.  

    The educational experience at Pepperdine was vastly different from the law  school I attended in India. In India, while the legal education is rigorous, it tends  to be more focused on theoretical learning and the application of Indian law, with  a strong emphasis on preparing students for the Indian legal system. The  approach at Pepperdine, on the other hand, was much more interactive,  practical, and globally oriented. The emphasis on skills like negotiation,  mediation, and understanding cross-cultural differences was something that  added a whole new dimension to my legal education. I appreciated the  interactive classroom environment, where we engaged in simulations, role playing exercises, and discussions with peers from diverse legal backgrounds.  This collaborative learning approach was a refreshing change from the more  traditional, lecture-based style that I was accustomed to in India.

    Moreover, the diverse student body at Pepperdine University, representing  various nationalities and legal systems, provided a unique opportunity to learn  not just from professors but also from peers. This multicultural environment  enriched my understanding of international dispute resolution and made me  more aware of the complexities involved when resolving conflicts between  parties from different legal traditions and cultural contexts. 

    What motivated you to establish your independent litigation practice in  2020, particularly during the COVID-19 pandemic? How did the transition  from large firms to independent practice unfold, and how did you manage the  shift? 

    Since the beginning of my law career, I was certain that I wanted to eventually  establish my independent practice. While working with several reputed law firms  and distinguished lawyers, I gained invaluable insights into the intricacies of legal  practice, but I always envisioned carving my own path. By 2020, I felt confident  that the time was right to take this step. 

    Launching an independent practice during the COVID-19 pandemic presented  its own set of challenges. The legal landscape had shifted dramatically, with  virtual hearings becoming the norm and access to clients and courts being  heavily restricted. Yet, I saw this as an opportunity to adapt, innovate, and build  a practice rooted in resilience and client-centric solutions. 

    I distinctly remember my first case under my independent practice—a  matrimonial dispute. A wife approached me after her husband had filed a divorce  petition on the grounds of cruelty and had even gone so far as to challenge the  legitimacy of their child. It was an emotionally charged and legally complex case,  especially since the opposing counsel presented substantial evidence to  support their claims. 

    With a methodical approach, I focused on crafting a strategy that emphasized the inconsistencies in their arguments while drawing attention to the factual and  emotional dimensions of my client’s situation. After meticulous research,  evidence collation, and persuasive arguments, we succeeded in securing  reasonable maintenance for both the wife and child. Additionally, we were able  to successfully defend the allegations regarding the child’s legitimacy as well as  the grounds he had taken for filing the divorce petition. Eventually, the parties  resolved their differences amicably and opted for a mutual consent divorce. 

    That case was pivotal for me—not just because it was my first as an independent  lawyer, but also because it reinforced the realization that independent practice  requires a broad-based approach. While arbitration had always been a key focus  for me, this experience made me realize the importance of diversifying my areas  of expertise to serve a wider spectrum of clients. The transition from large firms to independent practice wasn’t without its hurdles. From setting up an office and building a network of clients to manage administrative responsibilities single handedly, it required immense dedication and adaptability. However, the sense  of autonomy and the ability to directly impact clients’ lives made the journey truly  fulfilling. 

    Could you describe some of the arbitration cases you handled in your experience over the years?  

    Throughout my legal career, I have had the opportunity to handle a diverse array  of arbitration cases spanning commercial, maritime, construction, and other  specialized disputes. My work has taken me across various jurisdictions and  arbitration forums, including proceedings governed by the rules of SIAC, LCIA,  ICC, and DIAC, among others. 

    One notable segment of my practice involves construction disputes, which often  require a deep understanding of technical issues, contractual frameworks, and  project-specific challenges. Many of these disputes are governed by FIDIC  contracts, where issues such as delays, price variation, cost overruns, defective  work claims, and contract terminations frequently arise. For instance, I  successfully represented a client in a complex arbitration concerning a multi million-dollar infrastructure project. The dispute revolved around delay penalties  and other related issues and allegations under the FIDIC Silver Book. My  approach combined a meticulous analysis of technical reports with a robust  presentation of the contract’s terms, ultimately securing a favourable arbitral  award for my client. 

    Another compelling case I worked on involved an international arbitration under  LCIA Rules. This dispute was unique, revolving around the ownership and  authenticity of a painting by a renowned artist. It was a fascinating blend of legal  and art historical issues, requiring close collaboration with art experts,  authentication agencies, and valuation professionals. Navigating through  conflicting expert testimonies, I was able to establish the authenticity of the  artwork and protect my client’s ownership rights, leading to a successful  resolution of the dispute. 

    My experience also extends to maritime arbitration cases, where I have dealt with disputes involving charter party agreements, cargo claims, and shipbuilding  contracts. One such case involved a dispute over demurrage claims under a  charter party agreement, where my ability to interpret contractual clauses and  maritime regulations proved critical in achieving a favourable award for my  client. In addition to these, I have handled several high-stakes commercial  arbitrations, often involving breaches of contract, shareholder disputes, and  joint venture agreements. Each case has contributed to my understanding of  arbitration as a dynamic and multifaceted process. I remain committed to delivering effective and pragmatic solutions for my clients in this ever-evolving  field.

    Having handled various matrimonial cases in your independent practice,  what significant trends or changes have you noticed in matrimonial laws? 

    In my experience handling a wide array of matrimonial cases, one of the most  frequent inquiries from clients revolves around questions like, “Do I have to pay  alimony to my wife?”, “Can I file for divorce?”, “How much maintenance can I  expect?”, etc. While these questions are valid, the answer is often one of the  most quintessential lawyerly responses: “It depends.” Matrimonial law does not  operate on a one-size-fits-all formula. Alimony, maintenance, and divorce  settlements hinge on a variety of factors, including but not limited to: The  financial standing and status of the families involved, The standard of living  enjoyed by the couple during the marriage, The financial needs of the wife and  children (if any), The income sources and earning capacities of both parties.,  Educational qualifications and professional opportunities are available to both. 

    It is crucial to emphasize that just because a wife earns more than her husband,  it does not automatically disqualify her from seeking maintenance. The courts  adopt a balanced approach, taking into account the overarching principles of  fairness and justice. One recurring question I encounter, particularly from male  clients, is: “Why are matrimonial laws so wife-centric?” This perception is  shaped, in part, by social media narratives/influencers that often paint a one dimensional picture. It’s important to understand that laws like the Protection of  Women Against Domestic Violence Act are designed to address systemic and  pervasive issues of abuse that continue to exist across many regions in India,  especially in non-urban areas where such incidents frequently go unreported. 

    At the same time, I acknowledge that not every case filed by a wife is genuine.  Instances of misuse of these laws do occur, leading to false allegations against  husbands. However, this does not undermine the broader objective of such  legislation. Trusting the judiciary to scrutinize and differentiate between genuine  and false claims is imperative. A case that exemplifies this nuanced approach  involved a husband with negligible income compared to his wife, who was a high earning professional. Despite the apparent disparity, the court granted  maintenance to the husband (and not the wife!) under the Hindu Marriage Act,  recognizing his genuine financial dependence and needs. The takeaway here is  that matrimonial disputes are inherently complex, and the determination of  alimony, maintenance, or grounds for divorce varies significantly from case to  case. It is always advisable for individuals to consult a qualified lawyer for  tailored legal advice, rather than relying solely on information found online or  anecdotal accounts. 

    Reflecting on your journey, what advice would you offer to students and/or young lawyers who are just starting out in their legal journey? 

    A piece of advice I’d offer to young lawyers and students embarking on their  legal careers is this: “Follow the law, not the money.” In the initial stages,  particularly in litigation, the financial rewards may seem modest compared to other legal fields. But the real value lies in the experience you gain, the lessons  you learn, and the skills you develop during these formative years. Litigation demands hard work, patience, and resilience. You may take on cases that  don’t pay much, or even refer cases to seniors or colleagues, but ensure that you remain actively involved. Follow up, understand the intricacies of each matter, and use every case as a learning opportunity. Remember, the more  cases you immerse yourself in, the sharper and more seasoned you’ll become  as a litigator. 

    I was once told: “Curiosity, consistency, and determination are the pillars of  success in the legal field.” These words have stayed with me throughout my  career. Stay curious, delve into the nuances of the law. Be consistent, work  steadily, even when success seems distant. And most importantly, remain determined, litigation is not an easy path, but it is one that rewards those who  persevere. 

    So, to all young lawyers: don’t give up. The early years may feel overwhelming,  but with time, effort, and a genuine passion for the law, you will find your place in this profession. Success in litigation is not measured overnight; it’s a  journey of constant growth, built one case, one argument, and one lesson at a  time.

    Get in touch with Kunal Kumar –

  • “I was always sure since beginning that I wanted to be a Litigating Lawyer and be in the Courtroom throughout my Career.” – Rahul Totala, Independent Counsel at RT Legal – Advocates & Consultants.

    “I was always sure since beginning that I wanted to be a Litigating Lawyer and be in the Courtroom throughout my Career.” – Rahul Totala, Independent Counsel at RT Legal – Advocates & Consultants.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With over a decade of extensive practice, what initially inspired you to pursue a career in law and what factors led you to choose this profession?

    My father, Mr. Rameshwar Totala, who is practising at Bombay High Court since 1985, inspired me to pursue a career in law. Since my childhood, I have seen this profession very closely. Since my school days, I accompanied my father and his juniors to courts and spent evening time at his office, so choosing this career came very naturally to me.

    What was your area of specialization during your LLM at Bharti Vidyapeeth University, Pune, and what motivated you to choose that particular field of study?  

    During my LLM at Bharti Vidyapeeth University in Pune, I specialized in Corporate Law. I recognized that expertise in Corporate and Commercial Law would not only enhance my professional capabilities but also allow me to assist clients effectively in navigating complex commercial disputes, making it a strategic choice for my career development especially when you are practising at the financial capital of the country, Mumbai.

    Following law school at ILS Law College, Pune, you interned and worked with several prominent advocates and law firms. Could you describe your formative years and the key lessons and experiences that influenced your career path?

    My formative years at Law School included internships with esteemed advocates such as Shri Harish Salve, Senior Advocate, Supreme Court of India and Shri Vineet Naik, Senior Advocate, Bombay High Court. I also got an opportunity to intern in my final semester at Lakshmikumaran & Shridharan firm, Delhi, which specialises in indirect taxation. I also actively participated in moot court competitions and got the opportunity to represent ILS Law College both nationally and internationally. I was also an active participant in cultural events during college in drama and music, which also helped me connect with students from 1st  year to 5th year and I am proud that I have friends today from college, not only my batch but throughout all the batches of 2005 to 2010. All these experiences were instrumental in opening a new horizon for me in the legal profession. Working closely with the best professionals in the world allowed me to gain practical insights into various legal strategies and the nuances of litigation, which have been invaluable throughout my career. I have been in touch with all seniors and colleagues whom I met during my internship even today, who helped and guided me during my formative years and I take it as my responsibility to pass on the same learnings, tips and methods to the interns and juniors who intern and work at our chambers.

    You’ve been an independent counsel for almost a decade and what challenges did you face during this transition after you switched from a law firm? 

    My journey from working as a Legal Associate at Vidhii Partners, Mumbai after ILS Law College from 2010 to 2011, then working as a Junior Counsel with Shri Chetan Kapadia, Senior Advocate, Bombay High Court  from 2011 to 2017, and then to an Independent Counsel at RT LEGAL chambers since then has been both demanding and deeply fulfilling and I am eternally grateful to my seniors, because of whom, I am able to litigate effectively in courts and tribunals across the globe. I was always sure since beginning that I wanted to be a litigating lawyer and be in the Courtroom throughout my Career. I was fortunate to work at Vidhii Partners after college, where I got the exposure to work at every possible court and tribunal at Mumbai thereby understanding the procedural niceties and the said experience helped me throughout my career till today. 

    Given your extensive experience in arbitration, how do you prepare for representing clients in arbitral tribunals, particularly in international commercial and contractual disputes? 

    Preparing for representation in arbitral tribunals involves comprehensive case analysis and strategic planning. Our aim is to have the client bring us all the minute details, which may be either in the form of documentary evidence or oral evidence and then we try to understand the factual scenario after keeping ourselves in the shoes of our client. This fact discovery exercise with the client, prior to initiation of legal proceedings is very important, to avoid any surprises from the other side during the course of trial. In the evolving global landscape, arbitration throughout the globe has become the “new normal” for resolution of disputes and I try and keep myself updated with the best international practices in order to effectively represent my clients. Also, my first effort is to try and convince the client to mediate, if that is an option in the given facts and circumstances. In the last 24 months, despite initiation of Arbitral Proceedings in multiple cases, we have been able to effectively settle half a dozen cases through mediation for our clients to their utmost satisfaction. Out of court settlement brings respite to the client and reduces the litigation at all future stages, thereby saving the burden on our judicial system which is already reeling under the pressure of pendency.  

    What do you consider to be the primary challenges companies face when dealing with Insolvency petitions and liquidation matters, and how do you assist them?

    I have represented and advised several companies in Insolvency and Liquidation matters. The primary challenge faced by the companies, who find themselves in such a position, is lack of legal awareness. I assist these companies by providing tailored legal advice which helps them navigate their rights and obligations under the law so that further damage could be controlled and if required, options for restructuring or liquidation of such companies while ensuring compliance with relevant regulations could also be worked out. I have been fortunate enough to have worked on several large insolvency cases which the country has witnessed since 2017.

    What advice would you offer to law students aspiring to build a successful career like yours? Are there any resources or tools you regularly refer to while navigating the legal profession?

    For law students aspiring to build successful careers, I recommend seeking diverse experiences through internships and actively networking within the legal community. They should explore different areas of practice in Law before choosing a niche area of practice. Engaging with mentors can provide invaluable guidance. Staying updated on legal developments through journals, books, online resources is also crucial for continuous professional growth. The field of law is vast and offers numerous opportunities. Through internships, students can explore and determine their preferred career paths, whether it be litigation, corporate law, serving as In-House legal Counsel, being a part of Judiciary or pursuing a career in academia. Last but not the least, litigation is a marathon race, in which you will succeed only if you stick around. After COVID, Virtual hearings are the new normal and most of the courts have also begun to live stream the proceedings. It is a great opportunity for the law students and lawyers to regularly witness these proceedings virtually in the comfort of your home/office and follow the cases, which are of national importance or involve an interesting question of law. 

    With the demanding nature of your career and responsibilities, how do you manage to unwind and maintain a healthy work-life balance? What strategies or activities help you cope with stress and stay focused?

    Our work often demands frequent travel to different cities for court hearings, client meetings, or case preparations. Amidst the relentless pace of this profession, I strive to carve out moments to unwind. Music, one of my cherished hobbies, becomes a sanctuary where I can momentarily escape the pressures of legal battles. It allows me to slow down, regain my composure, and reconnect with myself and approach my responsibilities with renewed focus and energy. If I would not have been a lawyer, I surely would have been in the music profession.

    Get in touch with Rahul Totala –

  • “Law is a vast and multifaceted discipline, offering a myriad of opportunities. Maintaining an open mindset regarding career paths early in one’s legal career is essential.” – Nikhil Ramdev, Senior Associate at MRP Advisory.

    “Law is a vast and multifaceted discipline, offering a myriad of opportunities. Maintaining an open mindset regarding career paths early in one’s legal career is essential.” – Nikhil Ramdev, Senior Associate at MRP Advisory.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Looking back on your early career, was law a profession you always intended to pursue, or was there a specific experience or event that led you to choose this path? Additionally, what sparked your interest in specialising in Arbitration Law?

    Reflecting on my journey, while a lifelong fascination with law wasn’t my initial trajectory, a personal experience profoundly influenced my decision to pursue this path. Witnessing the impact of a significant business dispute within my family during my 12th grade board exams instilled in me a deep appreciation for the importance of legal knowledge and the power of the law. As it is said knowledge is power and therefore, law was the natural choice. 

    Although I initially enrolled in Economics Hons. from Delhi University, my burgeoning interest in the law led me to pursue a law degree at Amity Law School (affiliated to GGSIPU), a decision that was met with both support and a degree of apprehension from my family, as I was the first in my family to venture into the legal profession.

    Regarding your second question, my initial foray into the world of arbitration occurred during my internship with Mr. Shaiwal Srivastava at Paras Legal. The intricacies of arbitration practice, the flexibility it provides to parties and counsel, captivated my imagination. This early exposure ignited a deep and enduring passion for this specialized field, ultimately shaping my professional trajectory.

    During the early stages of your practice, you were involved in India-seated arbitration for various Public Sector Undertakings (PSUs). What key lessons did you learn from that phase that helped shape your reputation in the field and contributed to your career growth?

    My early career involved significant engagement in India-seated arbitrations for various Public Sector Undertakings (PSUs), an experience that proved invaluable in shaping my professional trajectory. This formative period under the mentorship of Mr. S.K. Maniktala, my first mentor, instilled crucial lessons that continue to guide my practice today.

    One of the most significant takeaways was the paramount importance of rigorous legal research. As a junior lawyer, I was deeply involved in researching case law, not only from Indian jurisdictions but also from other common law countries, recognizing that certain legal concepts were relatively nascent in India in the field of Construction law like Concurrent delay. Mr. Maniktala imparted a valuable piece of advice: if a particular legal argument/proposition cannot be found through thorough research, it is crucial to question whether the situation is truly unprecedented, if not then further research is required. This guidance has consistently challenged me to delve deeper and ensure comprehensive analysis.

    Furthermore, this period underscored the critical role of meticulous drafting. Under Mr. Maniktala’s guidance, I learned to pay close attention to the structure and language of legal documents. His meticulous review of my drafts, often involving hours of discussion, instilled a deep appreciation for the precision and clarity required in legal writing.

    Finally, this experience reinforced the ethical obligations of legal practice. Mr. Maniktala emphasized the importance of honesty and transparency before the court. He instilled the principle that a lawyer’s duty is to assist the court in arriving at a just outcome, which may sometimes involve presenting arguments that may not be entirely favorable to their client’s position. This emphasis on ethical conduct has been a cornerstone of my legal career. If a fact or law is not in our favour, it is the responsibility of the lawyer to show that the said fact or law is not relevant or other considerations hold more importance.

     After working with a Law Firm in your initial years, what made you switch to Chambers of Senior Advocates Mr. Pravin H. Parekh and Mr. Ramji Srinivasan and what were the key differences that you came across while working in a law firm and Chambers?

    After gaining valuable experience in a law firm, I made a conscious decision to transition to the Chambers of Senior Advocates Mr. Pravin H. Parekh and Mr. Ramji Srinivasan. While my time in the law firm provided a strong foundation in procedural aspects, drafting, and legal research, I observed a significant difference in the approach to legal practice between the two environments.

    In the law firm setting, I often found myself involved in presenting a considerable amount of information to Senior Advocates. However, I witnessed how Senior Advocates possess an exceptional ability to distill complex legal arguments, identify the core issues, and present them in a concise and impactful manner. This acute analytical ability, honed through years of experience in high-stakes litigation, particularly resonated with me, given the limited time available for oral arguments before courts in comparison to arbitral tribunal.

    This realization, coupled with my deep admiration for the expertise and experience of Senior Advocates like Mr. Fali Nariman, who famously described the above practice as “The School of the Hard Knocks,” led me to pursue this path. My time in the Chambers of Mr. Ramji Srinivasan and subsequently Mr. Pravin Parekh proved to be an invaluable and intellectually stimulating experience and enriching in honing my advocacy skills. I had the privilege of assisting them on matters of national significance, including the landmark Sabrimala case before the nine-judge bench and the AGR matter, gaining invaluable insights into the highest levels of legal advocacy.

    Presently, you are working with MRP Advisory. Could you please share more about your experience managing various legal disputes across different legal areas you work in?

    I am currently a Senior Associate at MRP Advisory, where I have the privilege of working under the esteemed leadership of Mr. Adarsh Ramakrishnan. My role involves a diverse portfolio of international and domestic disputes, encompassing seat of arbitration in India, UAE, Singapore, Qatar, Oman, London, and Nepal.

    The firm specializes in high-stakes international and domestic arbitration matters, primarily focusing on construction/infrastructure and complex contractual disputes. This challenging and rewarding work environment provides ample opportunities for professional development and contributes significantly to my legal career.

    This exposure to a wide range of legal systems, including both common and civil law, presents a unique and intellectually stimulating environment. The constant engagement with different legal frameworks and cultural nuances fosters continuous learning and prevents professional stagnation.

    Furthermore, collaborating with foreign legal counsel from various jurisdictions provides invaluable insights into international legal practices and fosters a deeper understanding of cultural diversity.

    MRP Advisory empowers its associates to grow independently, allowing for significant autonomy and minimal supervision. I am particularly proud to have led the firm’s initiative on discussions concerning construction law and policies in both the Middle East and India, through Podcasts/Webinars and assisted in Dubai Arbitration Week.

    Given your extensive experience in handling arbitrations across different jurisdictions, how do you stay current with the evolving trends in this field? What advice would you give to newcomers aspiring to build a career similar to yours, and what resources do you rely on to stay informed?

    Reading and keeping abreast with the current trends and law is sine qua non. For this my advice would be:

    1. Jurisdictional Focus: Selecting a specific jurisdiction (or a few) is crucial. This allows for deeper specialization and a better understanding of the nuances of that legal system. 
    2. Leading Professionals: Following prominent figures on LinkedIn is invaluable. Platforms like LinkedIn, Twitter, and even blogs provide insights into current debates, case developments, and industry events. 
    3. Key Institutions: Staying informed about the activities of major arbitral institutions (ICC, SIAC, LCIA, MCIA etc.) is essential. Their websites, publications, and events offer valuable resources and insights into evolving trends. Along with this, regional institutions of the particular jurisdiction must be followed as well.
    4. Legal Databases and Publications: Utilizing platforms like Kluwer Arbitration, Westlaw, LexisNexis, and specialized journals is crucial for in-depth legal research and analysis. 
    5. Conferences and Workshops: Attending conferences and workshops is vital for networking, learning from experts, and staying abreast of the latest developments in the field.
    6. Professional Associations: Utilize the resources available on International Bar Association (IBA), Chartered Institute of Arbitrators (CIArb), Society of Construction Law etc.

    Advice to new comers:

    While I feel I am too junior to offer advice to newcomers on building a career in international arbitration, I would like to emphasize the importance of maintaining an open mindset regarding career paths early in one’s legal career. Law is a vast and multifaceted discipline, presenting a myriad of opportunities.

    Internships and the initial years of practice should be approached as a time for exploration across various legal domains. Personally, I have gained experience in diverse areas such as domestic and international arbitration, commercial and civil litigation, insolvency, and constitutional law. Furthermore, I continually seek to expand my knowledge in technology law whenever I have the opportunity.

    It is essential to recognize that each individual’s career journey is unique. Rather than simply following in the footsteps of others, I encourage you to carve your own path in the legal profession. Enjoy the process and always be a student of law. 

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