Shikha, could you tell us about how you began your journey in law and what motivated you to pursue this career path? What were some of the initial challenges you faced, and how did you overcome them to establish yourself in the legal profession?
I don’t recall as to why, but as a child, I wanted to be a Judge. Then, post my 12th grade exams, like everyone else, I had to decide my career path and I chose law as may career path ahead. I distinctly remember some of my relatives advised my father that if I do law, then it will be difficult to find a groom for me. This increased my determination further to go ahead with law as my career path. Being a girl and belonging to a Marwari family, it was not an easy choice. However, fortunately, my parents supported my decision. That said, I didn’t have any guidance or a shoulder to fall back on for my journey in law. One thing which helped me to survive the various challenges in this otherwise fruitful journey was my passion. I guess somewhere that dream of mine to become a Judge, helped me to hang in there.
Your journey from in house to law firm and also from litigation to corporate restructuring and insolvency practice is quite intriguing. Can you share what inspired you to transition into this field and how your previous experiences have shaped your current expertise?
Yes. It has been quite a rollercoaster rise. I am among the few who has gone from a law firm to an in-house and then back to a law firm. My journey of Corporate Restructuring & Insolvency Practise started when I was with Piramal Capital & Housing Finance Limited. I was fortunate to get the best team and guidance and support. I still remember, my senior at Piramal, guiding me that as an in-house counsel, how one has to wear both the hats – business and legal and keep shuffling between them. At Piramal, I was part of some of the high-profile real estate resolutions and saw the entire cycle of restructuring, pre-insolvency strategy, CIRP process and settlement. It also helped me to have a business enabler mindset rather than just a legal mindset. So, my experience with Piramal Capital really helped me to shape the current expertise of mine.
In your current role at ANM Global, you’ve been involved in advising creditors and representing resolution professionals in insolvency matters. What unique challenges do you face in this area, and how do you overcome them?
The biggest challenge which I am seeing is that creditors have somehow lost the faith in insolvency proceedings given a lot of delay in hearings at NCLT because of vacancy in the benches. The vacancy has now been filled and various positive amendments are being passed by legislature. Hence, when we speak to our clients, we inform them about these developments and are hoping that sooner or later their faith will be restored.
Looking back at your journey so far, what’s one piece of advice you wish you had received when you were starting your career?
When I see back, I feel none. I strongly feel each of my experiences in my entire journey and the challenges were a milestone rather than a stumbling block. Absence of any of those challenges would have made the journey less memorable. Looking back, I also feel that not having any godfather, so to say, helped me even more to get more out of each of my challenges on the way.
What is your view on internships and early stages of a law career?
Internship is a really good opportunity at the start of one’s career to understand areas of interest while at the same time, I would say that enjoy the college life as well as I strongly believe those days never come back again. During early stages of law, I would suggest one to work as diligently as possible as that is the time when one can create a strong base in law which is important to shape the career in the long run.
You’ve been involved in various high-stakes cases throughout your career. Can you share a memorable success story where your strategic approach led to a favorable outcome for your client?
I believe, the strategy should start right at the time of entering into any agreement or contractual obligation. Being always on litigation side, I knew how are the clauses interpreted and what are the things which should be taken care of at the time of entering into contracts and during the life of the contracts. Accordingly, we have a White Paper listing out statement of procedure (SOP) to be followed while executing the documents as well as during the transaction. We discuss this with our clients so that proper steps can be taken right at the documentation stage itself. The SOP tremendously helps in resolving the complicated matters.
Besides that, from time to time, once the matter goes into litigation, we understand the end solution required, devise a strategy and then work towards it. This exercise done by us in each of the matter really helps us to get better results for our clients.
Though I have been part of some of the big real estate resolution and dispute resolution where our strategy really worked for our client, there is one matter which I had in my initial days of legal practise and which remains close to my heart. We were briefed by an individual client wherein he had a huge property in South Mumbai and he had learnt that one of his relatives, has fraudulently filed some litigation in it and is about to take absolute possession on the next day in Bombay High Court. We devised the strategy on the same day, drafted the application overnight, filed the matter in morning, mentioned it and got a stay on the process of handing over the keys, all within a period of 24 hours.
You have chosen Insolvency and Bankruptcy Law, litigations as your area of specialisation? Any specific reason behind it?
Litigation was always my passion. Hence, even after completing my CS, I never pursued the same. I find Insolvency & Bankruptcy Law logical and versatile. The best part is that it keeps on evolving on a daily basis which makes it challenging as well as interesting.
Apart from your legal career, we hear you enjoy cooking and playing badminton. How do you balance your professional life with your personal interests, especially with a young child?
Yes. I love playing badminton with my husband and son. Whenever possible, I also play board games with my son and cook food for the family. These are stressbusters for me. For me, my career and my family has to go hand in hand and I try my best to spend my early mornings and weekends with my family.
Given your extensive experience, what advice would you offer to young professionals aspiring to build a career in law, particularly in the fields of corporate restructuring and insolvency?
I believe today’s young professionals have become impatient looking for instant gratification. To all of them, I would suggest to show some perseverance and hang in there. As they say, Rome was not built in a day! All you need to do is continue working hard, focus on process and results will follow. With regards to Insolvency practise, my suggestion would be to try to understand it logically and keep yourself updated.
What would be your one piece of advise for women practitioners?
To the young women practitioners out there, I would just advice, be yourself. Don’t compete yourself with anyone. At times, in order to manage everything, we get too harsh with ourselves. I would say, learn to let go and enjoy your journey. It is the journey which makes the destination beautiful!
Your career journey spans across various industries and geographies. Can you share a bit about how you started your career and the key moments that shaped your path to becoming a legal director at HARMAN International?
I started my career in Singapore and as an outsider and without much prior experience and knowledge about the legal field in Singapore, it was no doubt an arduous task. However, being a go-getter and having been blessed with good mentors as well as supportive colleagues, the journey so far has been really amazing. Diverse industries and countries have particularly helped me achieve certain things that are so invaluable and pertinent even today. For instance, the initial approach adopted to settle within a particular industry moulds your entire work life in that particular industry. Reaching out to the right people, gathering information about the actual “source” of information, finding mentors and peers, trial and error processes etc are all the key factors that contribute towards growth. Technically, one may be brilliant but if an individual has zero skills in all other aspects, it would be impossible to grow. Most importantly, one must be humble, grateful, dedicated and eager to learn. These soft skills coupled with a strong technical background pave the way for a successful career!
As a legal director, you’ve been described as a “transformation powerhouse.” What drives your passion for transforming legal processes within organizations, and can you share an example of a particularly impactful transformation project you’ve led?
I have a very keen eye for detail and this quality has probably helped me with the transformation projects. If a particular area of law can be dealt with in a better manner, I jump into action immediately. It is also equally important to involve all the right stakeholders right from the beginning so that all aspects are covered beforehand. In one of the companies I worked for, the entire negotiation life cycle of a particular agreement (which was the bread and butter of the business) was 250 days. After various discussions with all the stakeholders, I identified the gaps and came up with a gap analysis. Following this, an SOP was put in place which clearly articulated the roles and responsibilities of each of the stakeholders involved in the process along with the timelines. The project went live and the entire negotiation was completed in 30 days (as opposed to the 250 days)! This had a huge impact on the revenue recognition i.e. the company started to see profits in a relatively short time.
You’ve been involved in setting up subsidiaries and clinical trial laboratories across the Asia Pacific Region. What challenges did you face in these endeavors, and what strategies did you employ to overcome them?
Setting up entities is a different ball game altogether. Every such project is unique because the requirements vary on a case-by-case basis. For example: a representative office was set up in a particular country (as opposed to setting up a subsidiary) owing to various legal and taxation challenges. While the legal team is overall responsible for setting up entities, the commercial analysis at the very beginning should be performed by the Finance, Taxation and Business teams respectively. There should be a clear path to why a particular entity should be set up, what strategy should be adopted, Pros and Cons should be weighed carefully and above all, would this entity really matter ten years down the line…these are a few initial as well as crucial points which ought to be covered. In terms of challenges, this was the exact challenge I faced initially i.e. I used to go ahead with setting up entities purely based on Business decisions. Over a period, I realized that there is much more to it and then started to collaborate with various teams to understand the process thoroughly. In the entire scheme of things, the major challenge is to get everyone involved aligned (as different individuals have different temperaments, approaches etc).
Being a firm believer in sharing knowledge, you often speak at conferences and address students as a guest lecturer. What do you enjoy most about engaging with the student community, and what message do you hope to impart to them?
The best part about engaging with the students is their curiosity and line of questioning. They certainly think differently and constantly challenge as well as fascinate me! I also thoroughly enjoy it when the students outwit me. Also, I get to learn a lot in the bargain.
Your educational background includes a Diploma in Information Technology Law and certifications from Harvard University and UNITAR. How have these additional qualifications influenced your approach to legal practice, particularly in the rapidly evolving field of technology law?
If I don’t upgrade myself with the relevant qualifications promptly, I will be a loser. Going by this philosophy, to the extent time permits, I continue to upgrade myself in the areas of interest as well as relevance. By doing so, I can add more value to the organization by either introducing appropriate changes, upgrading the existing policies or contributing better in the management meetings.
In your role at Hitachi Data Systems, you managed negotiations for a variety of commercial contracts across different regions. What were some of the key challenges you faced in navigating these negotiations, especially in diverse cultural contexts?
Good question! Yes, diverse cultural backgrounds do matter to a great extent in contract negotiations. Initially, it was very difficult because I was new to the company and also the entire ecosystem. So there was a steep learning curve. Once I overcame that part came the cultural challenge. In Singapore, people are very wary of time and speed is of the essence. Whereas in certain other Southeast Asian countries, negotiations may not be fast-paced because issues with respect to hierarchy, internal processes, regulations, trust, bias and above all, language barriers come up mostly. So, I gradually learnt that “patience” is paramount. One needs to be patient to observe and understand the environment. Once the background is assessed appropriately, negotiation becomes smoother.
Outside of your professional endeavors, do you have any personal hobbies or interests that you’re passionate about? How do you balance your personal interests with the demands of your career?
I am passionate about travelling, teaching and working out. In today’s fast-paced world, it is very difficult to get time out for yourself. However, when one realizes how important it is to slow down, enjoy the small pleasures of life and respect one’s body and mind, one works towards achieving his/ her personal goals. While on a personal trip, to the extent possible, I avoid using my work phone. The other aspect I have realized is that chasing your dreams allows you to be happier and also gives you contentment. So, a healthier and happier mind functions better at work.
As a woman leader in the legal industry, what advice would you give to other women aspiring to leadership roles, especially in traditionally male-dominated sectors?
A positive attitude is a must-have quality. Aspiring women leaders should work harder and at the same time strike a balance between professional and personal lives. To do so, one just needs to be smart in terms of prioritizing. Women in particular should insulate themselves from any external factors which could disturb them mentally in particular. Last but not least, physical fitness plays a vital role in the overall well-being of an individual. So I encourage all aspiring women leaders to find time to engage in any physical activity at least four days a week.
Looking ahead, what are your aspirations for the future, both professionally and personally? Are there any new challenges or goals that you’re particularly excited to pursue?
My first inclination is towards teaching in the long run. At some point, when I retire, I would like to pursue teaching. I am also very passionate about ESG (Environment Social Governance) as well and am exploring a few ideas at the moment. When the right time comes, the ideas will be put into action.
Ms. Gore, could you share with us some insights into your journey from your college days at Campus Law Centre, New Delhi, to becoming a Senior Partner at Karanjawala & Co. and an Advocate on Record at the Supreme Court of India? What were some of the challenges you faced along the way, and how did you overcome them to achieve your current level of success?
One of the most enriching experiences of my life was my time at the University of Delhi. My alma mater, Campus Law Centre, Faculty of Law is where I received a holistic understanding of the subject and the guidance I received from my professors helped in shaping the lawyer I am today. I believe apart from theoretical knowledge of the subject, my passion and inquisitive nature as regards law and its practical application, helped me in becoming an Advocate on Record. Being an Advocate on Record pushed me further towards learning and growth. My perseverance and dedication through this journey along with a commitment to professional standards helped in my growth in the profession. A combination of leadership skills, effective teamwork and delegation abilities helped me reach the position of a senior partner at Karanjawala & Co. Earlier the legal profession, especially litigation, was a male dominant profession. Being a female, the major challenge I faced was balancing work and family responsibilities together. I believe the support from my family and the innate skill of women to multi-task helped me smoothly sail through such challenges.
As a distinguished mediator and advocate, you’ve handled a wide array of cases, including complex constitutional matters and high-conflict mediations. How do you maintain a balance between these different areas of law, and what drives your passion for mediation?
The most crucial aspect for maintaining a balance between different areas of law, especially litigation and mediation, is adaptability. Dispute resolution is dynamic and I believe being a lawyer who wishes to practice and work in different fields of law, adapting to the medium of resolution and identification of the requirement of that particular case is extremely essential. The pendency of cases and the time taken in administration of justice led to my interest in mediation. I firmly believe that where justice is administered at a belated stage is as good as denial of justice. Through mediation, there is a sense of fulfilment in helping the clients to reach a mutually agreed solution in an efficient manner. Witnessing the positive impact on the lives of the clients is a driving force too. Further, being a certified mediator I feel my communication and negotiation skills have improved which is not only valuable in mediation but also in various legal contexts. My passion for mediation has culminated in the form of a book named as “Handbook on Mediation”.
Your expertise extends beyond the courtroom, with a focus on training sessions, guest lectures, and judging competitions. What motivates you to engage in these activities, and how do you believe they contribute to the legal community?
Having an experience of over 30 years, I feel it is my duty to give back to my professional legal community by sharing my knowledge and mentoring aspiring legal professionals. In my opinion, continuous learning is important to maintain high professional standards and engaging in training sessions helps in staying updated on latest legal developments and emerging trends. Such training sessions, lectures and judging competitions are platforms to share insights and practical advice with law students and fellow professionals. I believe by active participation in such activities I can make a small contribution towards shaping the future of the legal profession.
In your distinguished career, you’ve handled over 350 private and court-annexed mediations. Can you reflect on one particularly challenging mediation session and how you navigated through it to achieve a successful resolution?
Yes, I have handled commercial, matrimonial and religious matters for mediation. The first key in mediation is confidentiality therefore, it would not be appropriate for me to mention the factual matrix, but I can certainly say that in mediation sessions a lot of brainstorming is required, sometimes the high emotional healing process is required in a mediation and sometimes transformative solutions are required. A mediator has no advisory role in a mediation and acts like a third party and is a neutral party who just facilitates resolution of disputes between the contesting parties through negotiation and communication skills. Mediation is a structural process in which a Mediator can use his / her own styles and with the passage of time once you are experienced enough, involves active listening, confidentiality, voluntariness, neutrality, empowerment and creative solutions. A Mediator is incharge of the mediation sessions and can use this power to foster a collaborative approach settling the matter.
As a senior partner at Karanjawala & Co. and an advocate on record at the Supreme Court, you’ve been involved in landmark cases and constitutional matters. Can you share a bit about your experience in handling such high-profile cases and the unique challenges they present?
Having more than two decades of experience in the profession, I have worked and handled a wide array of cases ranging from complex constitutional matters, commercial disputes, partnership disputes, employment disputes, mining law, real estate to other complex civil lawsuits. We successfully represented a subsidiary of Tata Power in a constitutional matter which involved the question of whether a foreign company could assert fundamental rights under the Constitution of India. We have successfully represented big companies like Tata Motors, Tata Steel, Bharti Shipyard, GVK EMRI in a wide variety of matters ranging from mining, taxation and property disputes to name a few. We have successfully represented our clients in medical negligence cases. With so many years of experience, it is not possible to list down the cases I have handled and worked on. I firmly believe that whether it is a high-profile matter involving huge stakes or an individual matter, or matter relating to admission of a visually impaired student or any pro-bono matters, public interest litigation pertaining to environmental causes or personal liberties, what matters for a lawyer is to work with perseverance, diligence and successfully representing the client with best of the legal knowledge. I strongly feel that every lawyer at some stage in the initial years of his practice should work with some NGO for some time and try to do legal aid matters which is the best way to give back to the society.
In your opinion, what are some of the key qualities or skills that aspiring lawyers should cultivate to excel in the legal profession, particularly in areas such as litigation, arbitration, and mediation?
In my opinion, the most important qualities as mentioned earlier that aspiring lawyers should cultivate to excel in the profession are continuous learning, adaptability and perseverance. Strong research and drafting skills are imperative for a lawyer. I believe analytical thinking to construct robust strategies and ability to persuasively present arguments are essential in litigation. Apart from these qualities, to excel in arbitration, a feel it is important to have deep understanding of the arbitral procedures and to have advocacy in arbitration, one should hone his/her skills in presenting evidence. In mediation, I feel the mediator must possess active listening and communication skills, able to balance the power play between the parties along with the ability to set aside personal biases. Mediation process will only be effective if the mediator can cultivate persistence to guide the parties through the process, build trust in the process of mediation, a Mediator works as a bridge between the parties to facilitate a dialogue between them and help them reach an amicable settlement.
Your work has been recognized by prestigious organizations and publications, earning you numerous awards and accolades. How do you stay grounded amidst such recognition, and what values do you prioritize in your legal practice?
I am extremely grateful for the recognition I have received by my community. The recognition and accolades push me to achieve work even harder and with more diligence. I have the willingness to learn and grow and it is a never ending process. Having reached such a position, I still feel it is a dynamic profession with always something or other to learn and imbibe from my fellow professionals including my juniors. Apart from diligence and hard work, prioritizing the interests of the clients is of utmost importance and values like integrity and empathy help in building trust with clients. Lastly, commitment to ethical conduct and professionalism is essential and adds to your credibility.
Your commitment to continuous learning is evident through your participation in various international conferences and training programs. How do these experiences influence your approach to practicing law and mediation in an evolving legal landscape?
Participating in international conferences and training programs helps in getting a perspective of the legal system, practices and challenges worldwide. These conferences and programs are great opportunities for networking and exchange of ideas. It also gives exposure to new technologies and innovative legal practices along with emerging trends in the legal field. Alternate dispute redressal mechanisms, especially mediation techniques are discussed in such conferences. It helps in being aware of the evolving legal landscape globally.
Outside of your professional pursuits, do you have any personal hobbies or interests that you enjoy? How do you find balance between your career and personal life?
It is very important to have a life outside the office which includes having hobbies and interests. Hobbies outside the professional pursuits help in unwinding and provide a break from work pressure. Apart from a source of relaxation, hobbies also help in personal development and help in maintaining mental and physical health. I enjoy oil-painting and water-painting and it is therapeutic for me. The best way to balance between career and personal life is prioritising and adjusting based on the circumstances and situation.
Looking back at your journey, from your education at Campus Law Centre, New Delhi, to becoming a distinguished legal professional, what advice would you offer to the current generation aspiring to build successful careers in law?
The most important advice I would give to the current generation aspiring to have a successful legal career would be to stay committed to learning and working hard and be resilient as progress is impossible without hard work. It is crucial to have a vision and one should always set short term as well as long term goals as they act as a driving force or motivation to grow in your career. I believe one should always be open and looking for the right opportunities. The new generation is way more aware, connected, focused and intelligent. I wish them all the best in this noble profession.
Your journey from college to becoming the Head of Legal at Noida International Airport is impressive. Could you share some of the key challenges you faced during your early career stages and how you overcame them to reach where you are today?
Being a first-generation lawyer, I never had the advantage of family connections or right mentors to guide in navigating the legal landscape and I must admit that I had lacked hands-on training as well that those who have a pedigree in the legal field, receive as a part of their daily routine.
Hence, I decided to overcome these limitations by focusing on my skills, knowledge and professionalism. I accepted internships without stipends, offered pro bono legal services to gain hands-on practical experience and aimed to build a reputation of being a thorough professional with integrity.
I ensured that I proactively network by attending legal seminars and conferences, keep engaging in online legal communities and join professional organizations to meet experienced lawyers and potential employers. In short, “perseverance” and “continuous efforts” are the two key words which have so far been working for me. Touchwood !!
Credit also goes to all those few kind people who understood my approach of working, that is, how I can contribute and bring value to the table and then there was no looking back for me.
What motivated you to transition from litigation to an in-house role, and how has this shift shaped your approach to legal challenges?
Making that decision was a significant career move. What mainly allured me to the in-house role was the opportunity to be an integral part of a company’s decision-making processes.
In order to have a more direct impact on business decisions, the legal function has to work very closely with the business teams and gain deep knowledge of the company’s operations, industry regulations, and strategic goals. I was very clear that this specialized knowledge is invaluable and provides a unique perspective when advising the company on legal matters.
As an in-house counsel, I got opportunities to be intimately involved in shaping and executing corporate strategies, negotiating contracts, managing litigation, and ensuring compliance. This level of involvement allowed me to see and understand the tangible results of the legal advice.
Further, during my litigation days, I realised that a lot of disputes were arising due to some ‘inattentions’ right at the documentation stage. That incited my curiosity about the critical role an in house can play in mitigating such risks right at the start such as making the documents robust enough to firstly prevent disputes from happening and if not then create a good defence.
Having worked with diverse organizations such as GMR, Accenture, Alstom, and now Noida International Airport, could you share a memorable experience or lesson from each phase of your career that significantly influenced your professional growth?
In fact, all the places where I have worked so far have taught me the importance of self-awareness and emotional intelligence. Technically they may offer different things to learn (specific to each sector) but a few common things that I absorbed at all such places is that it is very important to understand the Company’s culture. Any initiatives, external interactions and/or negotiation strategy must be aligned with the company’s culture, work environment and company policies.
I also learnt that productivity is directly proportional to the extent of empowerment. Once I became a part of the leadership group, I realised that empowerment to take decisions is absolutely crucial. Hence, while accepting a new role, I check on the mandates I would be allocated with, without fail.
On the technical front, organisations such as Amplus (Petronas Group) and EverEnviro (EverSource owned) helped me build a strong business acumen which is very critical for in-house resources in order to enable them to play a strategic role in the business decision-making process.
I developed a solid understanding of risk management and operational strategies to effectively contribute to the company’s goals at most of the places I worked at. Further, I got tremendous exposure in the area of framing and administering “compliance” which is especially a challenging area. A change in one aspect, such as corporate governance or any policy or even key managerial personnel, can trigger requirements in multiple entities. As the number of entities and jurisdictions involved rises, so does the risk of non-compliance. I got hands-on experience in project financing for Alstom, Amplus and EverEnviro entities. I remember some very challenging but interesting days from the complex phase of the Amplus acquisition by Petronas, where I lead the Amplus in-house team which handled the complex phases of the acquisition transaction (with adequate support from the external counsels), for the Indian leg of the said transaction.
Alstom provided me a platform where I handled some very high-stake transactions such as the transfer of entire transport business by way of slump sale within Alstom entities; It involved extensive due diligence of the existing records, reviewing and drafting the share purchase agreement, the Business Transfer Agreements, letters to the Customers informing them about this transaction, Assignment and Assumption Agreement etc.
There have been some instances where law firms/external support supporting us with transactions cited a case law to prove a point and incidentally, those specific cases turned out to be not only steered from the conception and handled by me (including briefing to the senior counsel etc.) but also managed to get favourable orders therein. The reactions that I received from the law firms once I told them about it, was priceless and its something I feel very proud of.
You’ve navigated complex transactions and legal landscapes in industries ranging from aviation to waste management. What unique challenges and rewards do you find in working across such varied sectors, and how do you adapt your legal expertise to each industry’s nuances?
That’s right! I have worked across different sectors and therefore I think am rightly placed to humbly disagree with a common notion specific to the legal field that one must focus on specialising in one dedicated sphere. My experience tells me that working with different sectors and organisations helps bring in ductility in the approach to handle different set of tasks. I find myself in a better position to handle a diverse range of legal issues and adapt quickly to the unique demands of each sector, multi-task, and work collaboratively with cross-functional teams.
GMR, Alstom and Noida International Airport helped me gain an insight into the challenges and nuances of working on government contracts and public procurement. Dealing with government contracts is very different from how one negotiates a private contract. Considering the limited room for negotiations in case of the former, the focus is mainly on how to internally mitigate the risk to the maximum extent possible. That’s a very interesting area which provided me with hands-on experience on risk management as an important tool for lawyers and managing complex projects, providing practical advice, and collaborating with clients. Accenture and Amplus (Petronas Group), on the other hand, provided me a platform where I could build a strong business acumen which is very critical for in-house resources in order to enable them to play a strategic role in the business decision-making process.
As it is with changes happening almost on a daily basis such as advent of AI, change in the tax framework, introduction or restructuring of several legislations have let legal teams under intensifying pressure to meet new demands and match the pace of business change. Hence, agility and wider exposure has become critical tools for the general counsels and their teams to better support the broadening spectrum of risk, compliance, governance, operations and regulatory issues, as well as the need to support the business in the execution of its strategy. If you ask me, the future belongs to the generalists with the role of specialists becoming very limited as compared to the present time.
In your role at Noida International Airport, you’re contributing to the development of a greenfield airport. Can you share some insights into the legal intricacies and challenges involved in such large-scale infrastructure projects, and how you ensure compliance while fostering growth?
With any large-scale infrastructure projects or to be specific a Public-Private-Partnership (PPP), one of the biggest challenges is having no scope of negotiations when almost all PPP concessions usually have a term of about thirty (30) years. Running a project of that scale for such a long period on the same terms and conditions is not pragmatic and a major reason for the imbalance that such projects face from time to time. I am not suggesting for a platform to re-negotiate however, public sectors must provide some comfort to the private parties to accommodate events such as prices going up and imports becoming difficult due to for eg. say this Ukrain war. Although there are a lot of changes that are happening where the public sector is becoming sensitive about the day-to-day challenges private sectors have to face while executing the PPP projects, I feel we still have some miles to cover before the former becomes comfortable with the idea that it is okay for the private sector to make some profits. This fundamental understanding will go a long way to regain and/or strengthen investors’ confidence in the PPP projects.
Specifically in the case of Greenfield projects, there are some construction related risks such as physical unexpected events that may occur during construction, which can lead to cost and time overruns. Although concessionaires try to hedge these risks by taking security packages from their contractors and sub-concessionaires, the problem with this approach is the timing. For instance, in most cases, one becomes aware of a technical issue only when the impact of the issue may have consumed a good portion of the security package.
The best way to tackle such risks in Greenfield projects is to focus more on immediate security than freezing those for future. Some of the effective measures to manage this risk are to have wide supervision capability of the works during construction and to have termination clauses negotiated in a way that will not put the project at risk in case of construction delay or technical challenge, and that will give enough room for investors to cure before it is too late (e.g. incrementing resources to the works, penalizing the EPC contractor for any delay, even within the longstop date).
One more risk which is personally very close to my interest is “points of friction” when it comes to risk allocation. As everyone is aware that at the heart of every PPP transaction is the allocation of risks between the public and private partners. Hence, the risks should be fairly and justly distributed between the partners. A lot of background work is already undergoing at the Government’s level to fill in these gaps.
You’ve amassed a wealth of experience over 15 years in the legal field. What motivated you to pursue a Master’s in Business Law at this stage of your career, and how has it enriched your professional perspective?
It was the course structure and content which caught my attention. All the legal themes forming part of this course are more than relevant to my day-to-day scope of activities such as Contracts, IPR, Investment and Environmental Law, Taxation and Banking. I was longing to learn better and came across this course at the right time. It definitely equips those who sign up for it better, with deeper insight into legal issues that may impact / affect their daily work.
You’ve been involved in significant corporate restructuring, including the strategic sale of Amplus to Petronas. What key legal considerations come into play during such transactions, and how do you ensure a smooth legal transition for all parties involved?
I believe a good hold on the regulatory framework surrounding such transactions is a must. For example: it needs to be ascertained if the deal is possible under the Competition law, FEMA (in case foreign elements are involved), SEBI (primarily for listed companies involved) etc., as a first step. Regulatory framework and all permissions required therein are extremely significant and can make or break a deal since the cost of some regulatory approvals may drastically affect the commercial viability of such transactions. Moreover, overlooking a necessary approval could render the resulting deal void or voidable, nullifying the efforts of the parties.
Thorough diligence is equally important where depending on what it reveals, the buyer can negotiate on reduction of the price or constrain the target to provide more robust warranties etc. in order for the deal to continue.
Compliance is another very critical area. The licensing requirements, approval status etc. play a key role in deciding the fate of the deal and definitely the pricing. Nature of the ongoing or potential litigations, terms and conditions of the lending contracts etc. are another area of importance which covers the lawyer’s scope in such transactions.
Open communication channels amongst all parties involved, including employees, customers, suppliers, and investors; assertiveness when it comes to seeking critical information and asking tough questions; solution-oriented approach to resolve deadlocks and uncomfortable situations; and meticulous integration planning which is the backbone of a successful acclimatisation are some of the key traits to ensure a seamless transition in case of any corporate restructuring.
Your career has shifted from being focused on personal milestones to leaving a lasting legacy. Could you elaborate on this change in perspective and share your thoughts on the impact a professional can have beyond projects and numbers?
Well, I think “legacy” is a big word when it comes to my career trajectory. I am far away from that but yes, I do aspire to and take each steps towards achieving a reputation where people remember me as a lawyer of an “indomitable character and integrity” and not just for working on a few good projects and saving an X amount of money for a company. Further, I focus on simplifying the complex. Being an in house I mostly deal with non-legal stakeholders on a daily basis who neither know nor are interested in knowing the legalese. Translating the complexities of law in simple and practical language for them requires tutoring myself as a student on a daily basis when it comes to articulating my thought process. As a result, I get approached with a conviction that things will get addressed.
A legal professional, at least during the initial stages of his/her career, shall focus more on intellectual growth (as the requirement to be educated on current developments that affect the law is a must) and clarity of mind (as it gets trained due to constant thinking of how to apply a law to an apt situation) more than designations and monetary compensation. This profession is one of the few noble ones which helps one develop an overall personality and at the same time provides an opportunity to shape up the society as well. One should leverage that to the fullest extent possible. That will help them leave a lasting legacy.
Beyond your professional accomplishments, what are your personal interests or hobbies that bring balance to your life outside of the legal realm? How do you unwind from the demands of a challenging and dynamic legal career?
By focusing on the objective. The work has to be done and no matter how much the pressure is, if one solely focuses on how to get it implemented, it becomes easier to deal with it and avoid the politics around it.
Also, in order to avoid the negative effects of chronic stress and burnout, I disconnect myself from work and take some time off to replenish and return to the pre-stress level of functioning. This recovery process requires “switching off” from work by having periods of time when I neither engage in work-related activities, nor think about work.
Work-life balance is very important for me, and it would not have been possible without my extremely supporting family. They have been with me through thick and thin and an integral part of my journey!! Hence, I try to do whatever I can to squeeze out as much time for them as possible, such as I try to finish a lot of work on my commute so that I can save a few hours there and be at home in time to spend some quality time with them. Additionally, I take a few days off every 4 to 5 months to spend some time exclusively with family.
It would not be fair if I don’t give due credit to some of my very supportive colleagues. Good colleagues and a supportive team are an asset. They will take care of you when you are down or not on the best days at work. So such support functions are a direct blessing from God !! Take my word on it!! 😊
My leisure time gets consumed in reading books, watching a good movie / documentary and my perpetual stressbuster is discussing politics. I really enjoy having a good conversation around how the geo-political landscape is turning out to be.
I ensure that I take one hour at least everyday when I only introspect, listen to music and read an article/book.
As someone who has worked internationally and dealt with compliance on a global scale, how do you stay updated on the ever-evolving legal landscape, and what advice do you have for legal professionals aiming for a global perspective in their careers?
To be updated about the latest legal developments and on a real time basis is not just a choice; it’s a necessity. I try to stay informed with the timely updates with help of professional networks, relevant law firm practice group newsletters/updates that I have signed up for (i.e. the firms regularly provide guidance on legislative and regulatory changes), and by following relevant industry experts, law firms, and other thought leaders on LinkedIn who focuses on regulatory updates and compliance matters. Invest in your knowledge by participating in seminars, conferences, or web-based training sessions that offer guidance on the implementation of new regulations. Alternatively, review professional summaries to ensure you understand key aspects like involved parties, prerequisites, due dates, and penalties. Knowledge is the cornerstone of compliance.
For those who are aiming high, I would like to make one thing very clear that there are no clear rules of how to operate in the legal industry. On the other hand, unwritten rules are plenty in number! In order to achieve a global reach it is very important to have a global mindset to start with. By global mindset I don’t mean being able to do things but more about the ability to understand the complexities and nuances of global legal frameworks and environment, for eg., to follow, extract and adapt the best practices from other geographies, to be able to understand and tab on the trade-offs between local requirements and global standardisation.
Sir, could you please share with us the journey that led you to pursue a career in law, particularly focusing on your transition from academia and Sports Management to becoming an Advocate in the Supreme Court of India ?
My journey toward a career in law, particularly my transition from academia and sports management to becoming an advocate in the Supreme Court of India, is rooted in a pursuit of justice and a refusal to succumb to bureaucratic injustices. The pivotal force behind this shift was my late wife, Smt. Mrinal Amaresh. She began her career as an Advocate in the High Court of Madhya Pradesh, Gwalior, and eventually became a leading female advocate in Gwalior. She encouraged me to challenge the discriminatory practices I faced in academia.
Having completed my Masters at the Lakshmibai National Institute of Physical Education (LNIPE), Gwalior, I joined as a Research Assistant in 1984. Despite sincere dedication, I faced neglect in promotions due to the lack of political connections. Frustrated by the injustice, my wife suggested pursuing a law course to challenge the system. We sought advice from legal stalwarts, including Shri R.C. Lahoty and Shri Arun Mishra, who advised me to focus on the principle of “equal pay for equal work.
In 1988, Shri Arun Mishra filed a writ petition on my behalf, challenging the unjust selection process. The High Court of Madhya Pradesh, in 1990, ruled in my favor, directing my appointment as a Lecturer from December 1, 1987. However, the government, instead of complying, terminated my services, leading to further legal battles. Shri R.K. Jain defended me in the Supreme Court, where the SLP filed by the authorities was eventually dismissed.
In 1998, the Central Administrative Tribunal directed LNIPE and Sports Authority of India to consider my appointment as a Lecturer without open competition. Despite this, the authorities attempted to evade the order, leading to contempt petitions. Shri R.K. Jain’s guidance was crucial during these legal battles, culminating in my reinstatement in July 1999 with all consequential benefits.
Following my reinstatement, I assumed dual responsibilities at LNIPE, showcasing my proficiency in both sports sciences and law. The then Cabinet Minister, Sadhvi Uma Bharti, entrusted me with the task of reviewing and negotiating settlement for numerous cases against LNIPE. I successfully settled over 91 cases out of court, demonstrating the effectiveness of alternative dispute resolution.
Throughout this journey, my mentors, including my late wife, Shri Arun Kumar Mishra, and Shri R.K. Jain played pivotal roles in guiding and motivating me. Their mentorship and support were instrumental in shaping my career trajectory from academia and sports management to advocacy in the Supreme Court of India.
You’ve had a diverse range of experiences, from serving as an academician in Sports Management to practicing law. How have these different roles influenced your approach to legal consultancy, especially in the realms of Sports Law and Academic Institutions?
Over the course of my career, I have had the privilege of engaging in a diverse array of roles, ranging from academia in Sports Management to actively practicing law. This multifaceted journey has significantly shaped my approach to legal consultancy, particularly within the dynamic intersections of Sports Law and Academic Institutions.
As a sports enthusiast and a legal scholar, my passion for researching sports laws has been a driving force, especially in my capacity to handle legal matters for various institutes, sports players, and governing authorities. Initially, my understanding of sports law was limited to the regulations directly influencing the gameplay. However, a pivotal moment in my exploration was the realization, through interaction with experts such as those at the International Sports Law Centers of the TMC Asser International Law Institute in The Hague, that sports laws extend far beyond mere rules of play.
I attended the 2nd Workshop of the Court of Arbitration for Sports organised jointly by FIFA and the Swiss Bar Association in Lausanne, Switzerland. There, I found two hundred and ten Sports Lawyers from around the world. They all were either players or Olympians turned to Sports Lawyers. Similarly, while attending the 16th World Congress of Sports Law at Seoul, South Korea, there were 25 Chinese Sports Lawyers in attendance. To my surprise, all of them were former sports players and Sports Teachers in Colleges, Universities and Schools and then turned to Sports Law. With Physical Education and Sports qualifications for high level Sports Participation, like Olympic or International Sports, you can experience the requirement of Sports Persons and Sports disputes.
Broadly speaking, the realm of sports law encompasses a spectrum of legal facets, including trademarks, sex discrimination, tax issues, criminal matters, player selection, employment issues, marketing strategies, doping disputes, and various other aspects relating to sports governance and athletes’ rights. The breadth of topics spans contracts related to sports events, player associations, and clubs, intellectual property rights, broadcasting rights, tort laws, and the expeditious resolution of sports disputes—a critical consideration given the relatively short peak performance span of players and athletes.
In the context of India, where I have primarily operated, it’s noteworthy that most sports-related disputes find their way to traditional courts, resulting in prolonged resolution times. This protracted legal process can inadvertently diminish the essence and spirit of sports, a concern that underscores the importance of seeking quicker and more efficient methods of dispute resolution within the realm of sports law.
Could you tell us about a significant case or project you’ve worked on that stands out to you the most in your career, whether it’s in the field of Constitutional law, Sports Disputes, or Educational Consultancy ?
Undoubtedly, the Madhya Pradesh Triathlon Association case marked a watershed moment in my legal career, showcasing my proficiency in navigating complex legal landscapes. The Supreme Court’s directive, emphasizing structured dispute resolution mechanisms within sports federations, not only underscored my involvement in high-stakes cases but also highlighted my commitment to upholding the integrity of sports governance.
Similarly, my contribution to the intervention application in the matter involving Kalyan Chaubey showcased my dedication to ensuring fair play and transparency in sporting organizations. By advocating for the lifting of the stay on the All India Football Federation’s elections, the court’s decision set a precedent for restoring democratic processes within sports bodies after an extended hiatus.
In the realm of legal innovation, I played a key role in shaping the Code for Sports Arbitration for the Indian Olympic Association in 2012. Responding to a call from Dr. Randhir Singh, the Secretary-General at the time, this initiative demonstrated my forward-thinking approach to address challenges within the National Olympic Movement. The subsequent adoption of the code in 2018 reflected not only legal acumen but also a commitment to international standards of sports governance.
These experiences collectively underscore my versatility and effectiveness in handling diverse legal challenges within the dynamic field of sports law.
These are just a fraction of the broader spectrum of legal complexities I’ve encountered and successfully managed in the field of sports law and constitutional matters. My diverse portfolio includes cases for Universities, student unions and teachers handling a myriad of cases, each presenting unique nuances and demanding a tailored legal approach. This breadth of experience has not only honed my legal skills but has also equipped me with a comprehensive understanding of the intricacies inherent in sports-related disputes.
Your involvement with various International Sports Law Organizations and Institutions is quite impressive. How have these Global Experiences shaped your perspective on Sports Law, especially in the context of Indian Regulations and Practices ?
Absolutely, my engagement with various International Sports Law Organizations has been a transformative journey that significantly impacted my understanding of Sports Law, particularly in the context of Indian regulations and practices. One pivotal opportunity arose in 2010 when Dr. Randhir Singh, the Secretary of the Indian Olympic Association, entrusted me to represent the association at the 2nd Workshop on “CAS Jurisprudence and New Developments in International Sports Law” organized by the Court of Arbitration (CAS) and the Swiss Bar Association in collaboration with FIFA in Lausanne, Switzerland.
Attending this workshop was an eye-opener as I interacted with 223 advocates, including eminent sports personalities and graduates in Sports Sciences or Physical Education from Member National Olympic Committees. Exploring the library of the International Olympic Committee, I discovered that the Statutes of the Court of Arbitration for Sports (CAS) were ratified by the International Olympic Committee in India in 1983.
As a legal advisor to numerous Educational Institutions and Sports Organizations, what are some common challenges you’ve encountered, and how do you navigate them effectively ?
Challenges and negativity serve as the roadmap to success in life. We must transform these challenges and negative experiences into opportunities. As the challenges during the coronavirus pandemic have taught the human beings a lot. Due to the challenges faced during the coronavirus pandemic, the judiciary has developed a new mode of filing cases, arguing the matters, and judgments being uploaded online meaning thereby there has been a complete digitization of the Judiciary. I was persuaded for a long time when I had an opportunity to visit the International Court of Justice at the Hague in the year 2010. But this has now become practical after 2020.
Similarly, the challenges and negativity in my life, both as an individual and as the legal advisor of numerous educational institutions, have been encountered and effectively shaped. Especially noteworthy is the constant advocacy for the cause of the national language Hindi in my alma mater by way of Legal Activist through a PIL before the Madhya Pradesh High Court referred to as, “AIR 1997 MP:43 Dr. Amaresh Kumar Vs. Lakshmibai National College of Physical Education” now is being advocated by the Prime Minister of India Shri Narendra Modi and Chief Justice of India Shri D.Y. Chandrachud in their Speeches and Practice in various High Courts and Supreme Court of India. Whereas, on 29th October, 2018, I was invited to present my advice and suggestions related to, “Strengthening the Justice Delivery Process before the Department Related Standing Committee on Personnel, Public Grievances, Law and Justice” headed by Shri Bhupendra Yadav, M.P. Rajya Sabha comprised of 31 Members of Parliament of both the houses, where I have suggested followings :
(i). I suggested that all hearings should be video recorded, a practice that has been initiated due to the coronavirus pandemic. The Hon’ble Chief Justice of India is now giving more weightage to the digitization of the court.
(ii). I suggested the selection and promotion of Judges after the Training of Judges/Judicial Officers – which has been started for the Judges as well as for the Advocates
(iii). The language of courts shall be allowed to file, plead, and argue in their National Language Hindi. – This has been supported by the Prime Minister of Bharat, Shri Narendra Modi during the Conferences of the Chief Justices of the High Courts and Chief Ministers of the States and also during the Dimond Jubilee celebration of the Supreme Court. The Chief Justice Hon’ble Mr. Justice D.Y. Chandrachud has also bated the need to teach Law in Hindi. Speaking at Prayagraj, UP, after inaugurating the maiden academic session of Dr Rajendra Prasad National Law University (RPNLU), Prayagraj, UP, the CJI said, “I appeal to the authorities of the National Law University here at Prayagraj to ensure that the medium of instruction takes place in Hindi, so that the best students from Uttar Pradesh will become the best lawyers that will practice in the high court. I am therefore of firm belief that as in other countries like Russia, Germany and France etc. language of the Courts is of their National Language. In the Amrit Kal of the Swatantra Bharat the Language of the Indian Courts and especially the Supreme Court will be of our National Language. Because nowadays translator machines can be used by Judges who do not understand Hindi in their regional languages.
(iv). I suggested that there are no relevancies of the so many Tribunals in the Judiciary systems without there being the Judicial Members. – The Supreme Court of India comprising of the Hon’ble Mr. Justice Surya Kant, Hon’ble Mr. Justice Dipankar Datta and Hon’ble Mr. Justice K.V.Viswathan had advocated for the presence of Judiciary Members in the Tribunals and the Government is also trying to cut short the numbers of the Tribunals.
(v). I also suggested the development of ICT support for filing of Petition/Plaint, Summon or issue of Notices to other Parties, Recording of Evidence and Arguments during the Arguments for easy and quick access to the Justice System by the Clients. – The Government and the Chief Justice of India are also of the same view now.
(vi). Strengthening Legal AID system and Promoting Alternate Dispute Redressal Mechanism – The Hon’ble Chief Justice of India, the Judges of the various High Courts of India are nowadays putting more stress on the ADR System. Even the Government of India has enacted the Mediation Act, 2023, for advocating the ADR for the Resolution of Disputes. The same will also be encouraged by the AMAMRI Lawyers LL.P. for evolving the ADR in the Resolution of the Sports Related Disputes in Bharat. Which can be availed by Athletes, Sports Persons, Sports Organizations, National Sports Federations, State Olympic Associations, Indian Olympic Association and Sports Business Organizations.
You’ve authored several books and publications on Sports Law and related subjects. Could you highlight some key insights or principles that you believe are crucial for understanding the intersection of the law of Sports ?
Throughout the process of crafting authoritative works on Sports Law and related subjects, my overarching goal was to disseminate a profound understanding of the multifaceted legal landscape to a diverse spectrum of stakeholders. This includes athletes, sports entities, such as sports organizations, national sports federations, state Olympic associations, the Indian Olympic Association, and businesses operating within the sports industry. These publications intricately explore a myriad of legal dimensions governing sports within the Indian context, providing a comprehensive overview encompassing the management and organization of sporting events.
One of the primary focuses has been to enlighten athletes and sports organizations about the inherent challenges posed by doping and to instill a vigilant approach against the use of prohibited substances. The works also serve a crucial role in educating individuals on the intricacies of contesting doping charges, particularly those initiated by the National Anti-Doping Agency (NADA). It is noteworthy that these publications address the perceived gaps in NADA’s efforts to adequately inform Indian athletes about the potential legal ramifications associated with doping charges.
In essence, the books aim to act as a beacon of knowledge, empowering individuals within the sports community to navigate the complex legal landscape effectively. By offering comprehensive insights into the legal intricacies of sports, these publications stand as valuable resources for those seeking a nuanced understanding of the legal dimensions governing the dynamic and evolving field of sports law.
Throughout your extensive career, you’ve actively engaged in social-legal activism, championing causes like advocating for the use of Hindi in examinations and promoting the establishment of Sports Dispute Arbitration Tribunals. How do you manage to strike a balance between your professional legal work and these broader societal initiatives?
I perceive myself more as a nationalist than merely a professional advocate. I’ve always believed in the importance of contributing to broader societal issues alongside my professional legal work. Advocating for the use of Hindi in examinations and promoting the establishment of Sports Dispute Arbitration Tribunals are causes that align with my values and passion for social-legal activism.
To strike a balance between my professional legal work and these societal initiatives, I prioritize effective time management and organizational skills. I allocate specific time slots in my schedule dedicated to these causes, ensuring that my professional commitments are not compromised. Having an organization AMAMRI LAWYERS with like-minded peoples helps me to pursue my desires of social activism allowing for a more efficient and impactful approach.
Furthermore, I integrate aspects of social-legal activism into my professional work wherever possible. This synergy not only allows me to address societal issues but also enhances the relevance and effectiveness of my legal contributions.
In summary, balancing professional legal work and social-legal activism requires meticulous planning, collaboration, and a strategic integration of these two aspects to create a harmonious and impactful approach.
As someone who has transitioned between Academia, legal practice and Advocacy, What advice would you offer to law graduates who are just starting their careers, particularly those interested in specializing in Sports Law or pursuing similar interdisciplinary paths?
The young advocates aspiring to specialize in Sports Law are embarking on a promising journey within the legal field. Throughout human history, sports have been an integral part of our lives, evolving from personal entertainment to a global industry valued at over $486.61 billion USD in 2022. Projections indicate further growth, with expectations reaching $512.14 billion USD by the end of 2023 and $623.63 billion USD by 2027. The sports industry, one of the largest revenue-generating sectors globally, is poised for even more rapid expansion, fueled by the Internet and other media forms. In India, the sports industry witnessed a remarkable 49% growth in 2022, totaling Rs 14,209 crore, with sponsorships increasing by an impressive 105% to reach Rs 5,907 crore, according to the Financial Express Report. With the industry’s pervasive global presence and worth billions of dollars, it naturally gives rise to disputes, leading to the establishment and evolution of sports law as an independent discipline. My advice to law graduates is to embrace this dynamic field, recognizing the immense opportunities it presents and positioning themselves strategically to contribute effectively to the resolution of legal challenges in the ever-expanding realm of Sports Law.
Starting your career as a first-generation lawyer, can you share a bit about your journey and what inspired you to pursue law as a profession?
My fascination with the legal profession stemmed not from its prestige or the challenges it posed, but from the unique chance it gave me to explore the complexities of various businesses and industries. Each case was a new puzzle, and every law was a gateway to understanding a different aspect of the world through a legal perspective. Embarking on this path as a first-generation lawyer was both thrilling and intimidating. With no precedents in my family to guide me, I relied on my determination and adaptability to overcome academic and professional obstacles. The journey was tough, yet rewarding, as every legal concept I understood and every case study I examined deepened my knowledge and love for the law.
Along the way, I was fortunate to encounter some of the most supportive and insightful lawyers in the field. Their willingness to share knowledge, encourage my pursuits, and guide me through the legal landscape was invaluable. Their mentorship not only inspired me but also highlighted the importance of community within our profession. It taught me that success in law is not just about individual achievements but also about working together and lifting each other. This sense of belonging and mutual support has been a fundamental part of my journey.
As a co-founder of Alagh & Kapoor Law Offices, what unique approach do you bring to providing legal solutions for companies, and how do you deal with legal hurdles strategically?
At Alagh & Kapoor Law Offices, our distinctive approach is deeply rooted in a partner-focused model, where each client’s case is meticulously overseen by a partner. This method goes beyond merely addressing the issue at hand; we immerse ourselves in understanding the entirety of our client’s business. This comprehensive insight allows us to devise strategies that are not only tailored to solve immediate legal challenges but are also aligned with the broader business objectives of our clients. By integrating this deep business understanding with our legal expertise, we ensure that our solutions are both effective in the present and beneficial for the client’s future, enabling them to navigate their industry’s complexities with greater confidence and legal foresight.
You’ve worked with top law firms in India before co-founding your practice. How has this experience enriched your legal perspective, and what lessons did you carry into your own law office?
Working with top law firms in India prior to co-founding Alagh & Kapoor Law Offices has been an invaluable part of my professional journey, significantly enriching my legal perspective. One of the key lessons I’ve brought into our practice is the importance of transparent and comprehensive communication with our clients. We’ve adopted a unique approach of updating our clients through recording emails, which detail the entire proceedings before a court. This method has been particularly appreciated by our clients, as it ensures they are well-informed and engaged with the progress of their cases.
Additionally, my tenure at these esteemed firms instilled in me the ability to perform under high-pressure situations. This skill has been instrumental in shaping the ethos of our own law office, where we emphasize resilience, adaptability, and the capacity to deliver exceptional legal services, even under the most demanding circumstances. These experiences have not only enriched my legal perspective but have also been pivotal in defining the values and operational excellence of Alagh & Kapoor Law Offices.
Being empanelled with prestigious organizations like South Delhi Municipal Corporation and NBCC, how do these affiliations contribute to the breadth and depth of your legal practice?
Being empanelled with prestigious organizations like the South Delhi Municipal Corporation and NBCC has significantly enhanced the scope and depth of our legal practice. These empanelments have not only broadened our exposure to a variety of legal matters but have also been instrumental in building a strong reputation in various courts. Regular appearances in court, as a result of these affiliations, have allowed me to develop a familiarity with different benches. This familiarity is crucial as it fosters a level of trust and understanding; judges tend to recognize and appreciate lawyers who are consistently present and demonstrate a commitment to their profession. It’s important to note that this recognition is not about bias but rather about the confidence that comes from seeing a lawyer’s consistent performance and understanding of legal nuances over time. These opportunities have thus been pivotal in enhancing our credibility and expertise, allowing us to serve our clients more effectively and contribute meaningfully to the legal community.
Your legal practice encompasses diverse areas, including technology law, insolvency, and debt recovery. How do you navigate the unique challenges and nuances of each domain, and what skills do you find most crucial in maintaining proficiency across such varied legal landscapes?
Navigating the diverse realms of technology law, insolvency, and debt recovery requires a dynamic and informed approach, emphasizing the importance of staying current with the latest laws and judgments. In my practice, a strong focus on research and continuous learning is paramount, as these enable me to understand the intricacies of each domain thoroughly. Beyond diligent research, attending seminars, workshops, and conferences plays a crucial role in my professional development, offering fresh insights and perspectives on evolving legal issues. Networking with fellow lawyers and industry professionals further enriches my understanding and approach, allowing me to exchange ideas and strategies that enhance my proficiency. This combination of ongoing education, active engagement in the legal community, and a commitment to thorough research equip me to navigate the unique challenges of these varied legal landscapes effectively, ensuring I can provide high-quality legal services to my clients.
Internships play a crucial role in a young lawyer’s development. How does Alagh & Kapoor Law Offices engage with interns, and what opportunities do you provide for them to gain practical experience and exposure within the firm?
At Alagh & Kapoor Law Offices, we deeply value the role of internships in shaping the future of young lawyers. Being a boutique law firm, we offer a unique advantage for interns to engage directly with partners, fostering an environment where they feel comfortable seeking clarifications and engaging in meaningful discussions. Our approachability ensures that interns are not just observers but active participants in the legal process. We maintain a vibrant office culture, including social events that interns are encouraged to join, further integrating them into our team. Interns are considered an integral part of our office, held accountable for their contributions and encouraged to grow professionally. To facilitate this growth, we require interns to present on a topic they’ve worked on during their internship, allowing them to refine their research, analysis, and presentation skills. This hands-on experience, combined with our supportive and inclusive environment, equips interns with practical skills and exposure, preparing them for successful careers in law.
Beyond your thriving legal career, what activities or hobbies do you enjoy in your free time? How do you unwind and find balance outside the courtroom?
Beyond the courtroom and legal documents, I find solace and balance in the world of cinema, music, and open roads. As an avid movie enthusiast, I rarely miss any film, often spending my weekends catching a late-night show. This passion for movies offers a delightful way to recharge. Along with my love for movies, music is also a big part of my life. I often play the guitar to relax and find peace in the middle of my busy work as a lawyer. Additionally, I have a profound love for driving, though I steer clear of Delhi’s traffic. During court vacations, I’ve embarked on drives to Leh and Ladakh, Manali, and other serene hill stations. These hobbies not only help me unwind but also keep me connected to the creative and adventurous aspects of life, providing a harmonious balance to the rigor of law.
Given your diverse practice areas, including criminal law, insolvency, and consumer law, what advice would you give to law students and young lawyers looking to build a versatile legal career like yours?
For law students and young lawyers aspiring to build a versatile legal career, I’d suggest embracing the unique journey that lies ahead with patience and perseverance. Understand that law school is not just about academics; it’s a golden opportunity to forge connections that can last a lifetime. Internships offer a practical glimpse into the legal profession, so seize them to gain as much real-world experience as possible. Give yourself time to explore and immerse in various fields of law during the initial 5-7 years of your career before deciding to specialize, if at all. Remember, patience is key—there are no shortcuts, and there’s no substitute for hard work. It’s about finding what resonates with you and leveraging that to carve out your niche, ensuring a fulfilling and successful career in law.
Amit, could you take us through your journey and share how you embarked on your career in law? What inspired you to pursue this path, and how did your early experiences shape your professional trajectory?
I come from a humble village background. I pursued my schooling from the government residential school of rural Madhya Pradesh, Navodaya Vidyalaya. Thereafter, I studied in the North campus of Delhi University for six years i.e., my graduation and law degree. These years have, indeed, been trans-formative for me. I made friends coming from myriads backgrounds and learnt to adjust in different environments. I started to participate in extracurricular activities including debating competitions during my graduation and soon found that I would like to spend the rest of my life doing the same as a litigation Lawyer.
For the last six years, I have been working in various Courts and Tribunals of Delhi and across India. For me litigation is more than just a career and livelihood source. I believe that by this work I can contribute positively to society and bring about good changes in lives which I come in touch with. Since September 2022, I have been working independently.
Having worked extensively in various legal domains, from real estate disputes to representing marginalized sections of society, what drives your passion for justice and advocacy?
Besides being an Advocate, I am a citizen of this country. There are so many things which bother me on a day-to-day basis. Lack of access to quality healthcare services to most of the population of our country troubles me a lot. However, there is little I could do about it.
At the same time, this profession gives me an opportunity to right a wrong. Be it a street vendor harassed by police officials, a homebuyer robbed by a builder or a contractual employee working without any job security, I can feel their pain and wrong committed upon them agitates me a lot. Being a lawyer gives me a position to do something for them and it is my primary motivation to strive for another day. On some occasions, raising a voice means everything!
You’ve recently returned from the UK after participating in the Pegasus Scholarship program. How did this international experience influence your perspective on legal practice, especially in comparison to your work in India?
My inspirational senior Ms. Namita Wali nudged me to apply in the first place, she deserves the complete credit. After the initial screening process, I was interviewed by Senior Advocate Aman Hingorani and seasoned Mediator Dr. Shweta Hingorani. Thankfully, I was selected as a KNH Foundation-Pegasus Scholar for the year 2023. I was the only lawyer with five years standing who was selected for the said scholarship in the year 2023 from India. This scholarship is a world-renowned international lawyer exchange program run by Hon’ble Society of Inner Temple, England. My fellow scholars came from different jurisdictions like the United States, Australia, and New Zealand. As a scholar, I spent Eight weeks in England and Scotland working in esteemed Barrister chambers like Blackstone, Lamb and 39 Essex. I attended court hearings in the Supreme Court of the United Kingdom, Court of Appeal, High Court, Crown Courts, and County courts. I participated in conferences held among barristers, solicitors, and clients. I interacted with judges, jurists, and policy makers. It was a life-changing experience, and I could see a different way of life and working.
The United Kingdom has a comparatively small population and for that reason alone, they do not encounter a lot of nagging logistical issues as we in India do. The number of cases listed per day before a judge is not in two digits most of the time in the UK and in India, you might even see a three-digit cause list peculiarly on the criminal side in High Courts and consequent crisis of pendency, matters not getting heard and a bit of chaos. However, the zeal of the advocate community keeps the access to justice smooth in India and that is indeed a great achievement.
In your role as a Panel Advocate with Counsel to Secure Justice (CSJ), you’ve been advocating for child survivors of sexual violence. What unique challenges do you face in such cases, and how do you navigate them?
CSJ has taught me a lot. Sexual violence against a child is not only inhumane, barbaric, and brutal but it also creates multidimensional problems. The child suffers physically and emotionally. Family also finds it difficult to handle the situation. There are a lot of social stigmas attached to it as well. So, meeting a survivor and his/her family requires a lot of preparation. Most of these people have suffered at the hands of the system also so making a connection with them requires some genuine effort. However, when they see your sincerity, they rely on you, and you start working as a team. It was my affectionate senior Ms. Arushi Anthwal who guided me on this pro bono panel. She heads the CSJ’s lawyer’s team. Her commitment to the welfare of women and children is unimpeachable.
I have observed an unfortunate pattern in such cases. Reporting from poor strata of society against child sexual violence is good but the middle and upper classes are still finding it difficult to report this violence and they try their ‘best’ to save their shallow ‘honor’ as in these cases, usually, the perpetrator is a person of trust. Efforts to encourage reporting of child sexual violence are needed on a large scale. It is a silent pandemic!
You’ve authored articles and participated in webinars on diverse legal topics. What motivates you to share your expertise through writing and speaking engagements?
We all are part of a shared world. We do not exist in isolation and interdependence is the order of our society. I believe in a democratic society; exchanges of ideas have potential to bring much needed changes in society. The Right to Information (RTI) Act was born out of such efforts and it has served society so well. An ordinary citizen can file a simple application and ask for information which might unearth wrongdoings in public offices. So, I make it a point to speak and write about issues which are important and need our attention like universal access to healthcare and misery of undertrial prisoners. I believe and hope these discussions are small steps which will bring about great changes.
Your journey includes working with different legal mentors and chambers. How have these experiences contributed to your growth as a lawyer, and what valuable lessons have you learned along the way?
As a first-generation lawyer, I had great difficulty finding mentors. Formally, I worked as an associate with two Advocates. My first senior was Mr. Amit Bhagat. He works on the Civil and Commercial side. He taught me how to navigate hearings and insist on reliefs. His energy was unmatchable.
My Second senior was Advocate on record Mr. Joel. He taught me how to keep patience in tough situations and client handling. He has exceptional skills to mediate a complex dispute and I found his calm approach imitable.
I interned under Mr. Madhav Khurana in 2017 and since then, he has always been there to support and guide me. He is very organized and conducts his cases with plans and strategies. Working with him as a briefing counsel is always a delight.
Advocate on record Mr. Vikram Hegde is a known lawyer and his writing skills keep twitter and newspapers warm. In my independent practice, he has been a constant guide. If I lose a case in high court, then I know he would help me to take it to the Supreme Court and get the necessary relief.
Mr. Adarsh Priyadarshi is a guide on the criminal side. His skills to puncture a prosecution’s story is great and he has been kind enough to allow me to argue his criminal matters in Delhi High Court.
As a Pegasus Scholar, you had the opportunity to immerse yourself in the legal system of the United Kingdom. Were there any striking differences or similarities you observed between the UK and Indian legal systems that surprised you?
Legal systems in both the countries are similar and have been made by the same people for obvious reasons. So, on paper we are almost the same. But, on the grounds, the situation is different. Their courts are strictly formal at all levels and in India, the informal nature of trial courts gives a breathing space to Indian masses.
In the UK, Civil trials get completed in three to five days, I witnessed an eviction trial getting completed and judgement pronounced in four days in Central London County Court. With due respect, such expeditious disposal in India is nearly impossible. Due to the strict cost rules, frivolous litigations and appeals get discouraged a lot there. Due to lax rules, in India litigation, at times, becomes an adventure and all disputes eventually reach the supreme court, destroying decades of people’s lives and leading to docket explosion.
With the rapid advancement of technology, how do you see the role of AI and automation shaping the future of legal practice, and what implications do you foresee for young lawyers entering the profession?
Let’s look at the past to appreciate the future developments. When Covid came, almost no one was relying on e-filing and virtual court hearings were not even part of our imagination. But a small virus nudged us to use technology which was already with us. Soon, we all were filing online and appearing online. This transition has been significant.
As far as filing and defects in court registries are concerned, I hope AI will make life easier for lawyers and court staff. I hope there will be a day when ‘defect in file’ will be a thing of the past. At the same time, I believe that there will never be a substitute for earned human experience and wisdom. So, technology will help us but eventually, human prudence will decide how it will be used.
Balancing personal interests and professional responsibilities can be demanding. How do you manage to find time for hobbies or leisure activities amidst your busy schedule?
Being self-employed is not as rosy as it sounds. Being away from work means a loss of income in that situation. So, working slowly becomes a part of your life. And this is how eventually things start to find a place in your life. I like stories. I have become a bit lazy to read books for leisure, so I watch movies and tv series and these things happen at the end of day most of the time. I like watching theater and Delhi offers a good variety for the same. Being a foodie gives me the opportunity to explore new places and tastes.
Finally, Amit, if you could offer one piece of advice to the upcoming generation of lawyers, what would it be, considering the evolving landscape of the legal industry and societal challenges?
Decide your priorities. If you come from a humble background, then joining a law firm and having a steady income is a fairly good idea in the initial years. Such a way of functioning ensures exposure and income for you. The way litigation is structured in India, it is not very welcoming for an outsider without significant resources and infrastructural support. So, calculating and managing expectations is important.
The position of legal researcher in High Courts and Supreme Court is something to aspire to. It gives you a steady income in the initial years and the exposure is unparallelled. These places are likely to motivate you to pursue academic endeavors abroad on scholarships.
Arbitration is here to stay as India has become the focus of global trade due to its huge population. World creates and India consumes, as the joke goes! So, there would be a lot of disputes, even of an international nature, in such a setup. This field could show you the world and teach you how to look beyond your self-created boundaries. Opportunities to work abroad may also cross your way and the sky’s the limit.
So, my advice would be to plan your way out and be brave to walk on that path!
Your journey from college to becoming a Partner at Khaitan & Co. has undoubtedly been filled with challenges and achievements. Can you share with us some pivotal moments or challenges you faced during your college years and after graduation, and how you overcame them to reach where you are today?
A little-known fact about me – before joining law, I worked with Raell Padamsee as part of her theatre group. I moved into law subsequently. I graduated in law in 2005 from the Government Law College, Mumbai and since then it has been an exciting journey. I worked in one of the oldest law firms in India – Crawford Bayley in its Mumbai office. I had the opportunity to train under Mr. Sanjay Asher for almost 6 years which shaped my understanding, interest and aspirations in the field of corporate law. Subsequently, I moved to Delhi in 2012 and joined the then Amarchand Mangaldas Suresh A Shroff & Co., the unified firm. Subsequently, post the split in 2015, I continued with Shardul Amarchand Mangaldas & Co (SAM).
However, the most pivotal decision in my journey has been to take up the challenge and set up the private client practice which was relatively unknown at that time under the aegis of Shardul Shroff. This was unchartered territory for me as hardly any law firm had a dedicated private client practice at that time and there were no set precedents or background on this practice. We had to develop our own understanding of issues, create drafts and reach out to other limited experts in the field. Despite the initial struggles and the teething problems, I can proudly say that foraying into the private client practice has been the most significant professional decision I have made in my life. This practice has been both challenging and rewarding at the same time. After spending almost 12 years in SAM, I recently joined the private clients practice group in Khaitan & Co. This move was not easy given my long association with SAM but I am excited and raring to go and make this next journey even more memorable and fruitful.
I feel tremendous gratitude for the opportunities I have had and the support and guidance I received from Mr. Shardul Shroff. I am also confident that my association with Khaitan & Co. will only further my passion for the private client practice and give me a platform to take my journey to greater heights.
Your work often involves delicate matters related to family dynamics and wealth management. How do you approach building trust and rapport with your clients, especially when dealing with sensitive topics like family disputes or succession planning?
I treat every client as family. Most family matters need to be dealt with extreme sensitivity and confidentiality. You need to be a friend and confidant of your client first to enable them to trust you and open up to you. The legal aspect of these issues comes much later. Additionally, in a practice like this, the relationship does not end once the mandate has ended. The rapport that gets developed in these matters transforms into the relationship as there is a certain internal trust that gets built with the client. I continue to have a great relationship with most of my clients even if I am no longer advising them on legal matters and they keep reaching out to me for personal as well as professional assistance on other matters from time to time.
Besides your legal expertise, you seem to have a flair for writing and thought leadership. How do you balance your professional commitments with your passion for writing, as seen in your contributions to various publications?
The legal field is constantly evolving and the laws keep getting amended basis changing circumstances and other practical challenges. I feel that it is very important to be aware and keep oneself updated with the latest developments, especially in your area of expertise. It is equally important to create awareness amongst clients and peers as well. Therefore, while it is difficult to remove time and create a balance between professional commitments and making contributions, I look at these contributions more as a way of giving back to society, mentoring juniors, exchanging information amongst peers and generating business for my field of work. Further, given the nature of my practice, the reach of legal articles relating to succession planning, inheritance and wealth management is pretty wide.
Your involvement in setting up operations for foreign companies in India is impressive. What are some key challenges these companies face, and how do you navigate the regulatory landscape to ensure smooth transitions?
Most foreign companies are not aware of the regulatory regime in India and often question the requirement of providing documents/information. The regulatory regime in India is cumbersome to comply with in the initial stages of set up and the maximum time and effort is usually spent on collating the right documents/information from the foreign clients, explaining the submission criteria and requirements of the authorities and managing timelines. Fortunately, the current regime has streamlined a number of these processes, and it has now become easier to set up operations for foreign companies in India. Additionally, foreign clients are now more aware of the Indian system and are usually more cooperative now than before in supporting us in the set-up.
After dedicating more than 11 years to Shardul Amarchand Mangaldas & Co., you made the transition to Khaitan & Co. as a Partner. What motivated this move, and how do you envision your role evolving in your new firm compared to your previous experiences?
My 11 years in Shardul Amarchand Mangaldas were very fruitful and I am extremely thankful to Mr. Shroff for welcoming me into the firm. I have learnt a great deal from my experience in the firm and I take back fond memories of my time in the firm with me. I am very excited at this stage in my life and I am eagerly looking forward to my role in the Khaitan & Co. family. Khaitan & Co. has the largest private client practice in India and I intend to expand the practice to even greater heights and have an extended outreach in every corner of India through my association with Khaitan & Co. Mr. Haigrieve Khaitan is already very well known in this field and I am confident that with his support and guidance, my journey will be even more successful, enriching and rewarding than it has been so far.
As a Partner at Khaitan & Co., what do you find most rewarding about your role, and how do you foster a collaborative and supportive environment within your team?
The most rewarding aspect of my role in Khaitan & Co. is the confidence that the Khaitan family has reposed in me. They are always ready to support me, collaborate with me and have been extremely welcoming. They have done everything possible to provide me with a platform and resources that I can only grow to greater heights from here. The environment at Khaitan & Co. is one of extreme support and collaboration and I have naturally imbibed that thought process. The best aspect about Khaitan & Co., apart from its legal competence and a brilliant team, is its culture.
Beyond your professional endeavors, do you have any hobbies or interests that you’re passionate about? How do you balance your personal pursuits with your demanding professional commitments?
I am an out-and-out foodie and I love to try new places, new cuisines and new food items, be it a new restaurant, a new café or a new dhaba. I also love watching movies. Some of my food interests are shared by clients and colleagues as we try new places together. I try and watch a late night movie on most Fridays after a long week of work. Other than this, I enjoy playing table tennis and swimming.
For aspiring lawyers looking to build a strong foundation, what kind of internships would you recommend they focus on? Additionally, what are your views on gaining experience through internships with tier 1, tier 2, or tier 3 law firms?
I think it is very important to intern under different law streams such as litigation, corporate, banking & finance, competition etc. to figure out where your interest lie. If you don’t like what you do, you will never be able to do it for long. I also feel, tier 2 and tier 3 law firms provide an overall experience as most of them do not have segregated practice areas and one would be able to gain a lot of experience in these fields. So one should definitely do a few internships in tier 2 and tier 3 law firms before moving on to tier 1.
For students aspiring to specialize in private client practice or general corporate law, what advice would you offer to help them navigate the complexities of the legal profession and build a successful career in these niche areas?
Nowadays most law firms conduct webinars, training sessions and interviews on important topics under general corporate and private client practice. Additionally, there are lots of articles and publications that are authored by partners and other associates from various law firms. There is a huge library of material in the digital space on every aspect of these practices. Every aspiring student should read and grasp this material as it really helps them to get an understanding of the practice and it also creates an edge for them in interviews and interactions with other legal professionals. Most lawyers also take guest lectures in law schools and once should try and interact with these professionals to understand their approach and seek guidance from them. These few aspects can really help any student in generating an interest in the profession. This should of course be coupled with sincerity and hard work as there are no shortcuts in any profession.
Sir, could you please share the pivotal moments or experiences during your academic journey, from studying Electronics and Communication Engineering at Anna University to pursuing Law at King’s College London? What influenced your decision to transition to law?
I enrolled in Engineering as I always had an interest in the sciences and intended to pursue a career as an Engineer. However, both during school and later during my Engineering degree, I found myself consistently drawn to activities such as debating and writing and taking on leadership roles representing my peers. This led me to explore other career opportunities and law presented a perfect confluence of speaking, reading and writing skills which attracted me greatly more so given its impact on every aspect of society. I also realised that the analytical and problem-solving skills I had developed while studying engineering would be an asset in legal practice and provide a unique perspective on legal issues.
Studying law at King’s College London was a transformative experience. It not only provided me with a solid foundation in law (and confirmed my decision to switch paths) but also exposed me to a diverse and dynamic legal environment in one of the world’s leading legal hubs.
How did your early experiences as a trainee at Clifford Chance shape your career path?
My early experiences as a trainee at Clifford Chance were invaluable and played a significant role in shaping my career path. During my training, I was exposed to a broad range of practice areas including transactional work and disputes. This gave me a well-rounded understanding of the legal profession and allowed me to identify the areas I was most passionate about. It also gave me many life-long friends who continue to inspire me.
Being part of a global law firm also offered me the opportunity to work on complex and high stakes matters in three different jurisdictions being the UK, Dubai and Singapore. This experience was instrumental in developing my skills in navigating cross-border legal issues and managing diverse client relationships.
The firm’s approach of providing the highest quality of service to clients and its emphasis on continuous learning and development have greatly influenced my approach to legal practice. These early experiences laid a strong foundation for my subsequent roles and continues to guide me in my current position as a Partner at Addleshaw Goddard LLP.
How has your experience evolved with your recent transition to Addleshaw Goddard LLP as a Partner in their disputes team?
I am grateful for the opportunity to join the talented team of lawyers at Addleshaw Goddard LLP who are a leading global law firm. I joined them at a time of unprecedented growth for the firm which has been built on a solid platform of expertise and providing exceptional legal services to clients. These principles resonate strongly with my approach to legal practice, and I look forward to growing further with them.
You’ve been involved in many high-value and complex cases throughout your career. Could you walk us through a specific case that stands out to you and share the challenges you faced and lessons learned?
The first construction dispute I handled as an associate was also a memorable one due to the challenges it posed to me personally and the lessons learned. This was a large infrastructure dispute valued at over USD 200 million and I was leading all aspects of the matter from drafting the pleadings, handling witnesses and experts to conducting a large part of the advocacy.
While I had participated in various moots during law school, this was my first experience of advocacy (after law school) where I had to cross-examine three fact witnesses and the delay expert. In the process of preparing my questions, I came across one of the clearest expositions of the art of cross-examination in Irving Younger’s lecture from the 1970’s (which is available on Youtube). Taking his “10 commandments” as a guide, I carefully prepared my strategy for cross-examination and delved into technical questions with the assistance of our delay expert. It was therefore entirely satisfying to have effectively cross-examined the expert’s opinion and challenged their credibility such that the Tribunal dismissed their report entirely. It was particularly gratifying when the other side personally congratulated me on a very good cross-examination.
This case taught me the importance of thorough preparation and the value of a well-planned cross-examination. It also reinforced my focus on construction disputes where my engineering background brings an ability to delve into both the legal and technical issues.
With your extensive experience across the Middle East how has working in diverse legal systems and cultures shaped your approach to dispute resolution, and what unique challenges have you encountered?
Working in diverse legal systems and cultures in the Middle East has significantly shaped my approach to dispute resolution. It has taught me the importance of understanding the local business culture, legal landscape, and the unique dynamics of each jurisdiction.
Each country in the Middle East has a unique legal system and regulatory framework. For instance, the DIFC Courts in Dubai and the ADGM Courts in Abu Dhabi operate on a common law framework, while other parts of the UAE follow civil law. Understanding these differences and being able to operate effectively within these diverse legal systems requires adaptability and has been an opportunity for professional growth.
Overall, my experience in the Middle East has enriched my legal practice and provided me with a broader and more nuanced perspective on dispute resolution.
Given your role in tech disputes, how do you navigate the intersection of technology and law? Can you share a notable case or challenge you faced in this realm and how it was resolved?
Navigating the intersection of technology and law requires a good understanding of both fields. It’s about being able to understand the technical aspects of a case, as well as the legal implications. This is where my background in engineering combined with my legal expertise comes into play.
One notable case I handled involved advising a global tech company on a multi-million-dollar software licensing dispute with a global software/cloud service provider. The case was complex as it involved intricate details of software licensing, cloud computing and IP rights. The challenge was to understand the technical aspects of the software provided and how that interacted with the contract terms and the facts which were quite complex.
Our advice allowed the client to successfully conclude a settlement with more than 90% reduction of the claim amount. The case was a testament to the importance of understanding both the technology and the law in tech disputes. It also highlighted the value of negotiation and mediation skills in resolving complex disputes.
How has sharing your insights through publications contributed to your professional growth, and how do you stay updated on the latest developments in your areas of expertise?
Sharing insights through publications has been a vital part of my professional growth. It has not only allowed me to contribute to the broader legal discourse but has also helped me clarify my own understanding of complex issues. Furthermore, my publications have also been a valuable tool for engaging with clients and other professionals in the field.
Staying updated on the latest developments in my areas of expertise is a continuous process. I regularly read legal articles, attend seminars and conferences, and participate in professional networks and associations. I also engage in regular discussions with colleagues and other professionals in the field, who often provide valuable insights into emerging trends and issues.
Drawing on your experience, what advice would you give to recent law graduates who are just starting their legal careers? What key lessons have you learned that you believe would be valuable for those entering the legal profession today?
Find your passion: Law is a broad field with many specializations. Try to gain exposure to different areas of law early in your career to identify what truly interests you. Once you find your passion, dive in and become an expert in that area.
Never stop learning: The law is constantly evolving, and it’s important to stay updated on the latest developments in your field of practice. Regularly read legal journals, attend seminars and webinars, and participate in professional associations.
Develop strong relationships: Building strong relationships with colleagues, mentors, and clients is crucial for advancement in the legal profession – and this starts right from law school!
Work on communication skills: Effective communication is key in the legal profession. Whether you’re advocating for a client in court or drafting legal advice the ability to convey your ideas in a simple, structured, and persuasive manner is crucial.
Embrace technology: Technology is transforming the legal profession. Be open to learning about new legal tech tools (e.g.AI) and how they can enhance your practice.
As for key lessons, one of the most important I’ve learned is that resilience and adaptability are crucial especially in a rapidly evolving field like law and one should remain curious about developments rather than shun them altogether. The other lesson imparted to me by a senior counsel I admire is that of the 3 P’s – Preparation, Preparation, Preparation – which is critical to success in any case.
Can you share more about the pivotal moment when you decided to shift from your initial aspirations in Economics towards pursuing a career in law? What influenced this decision the most?
Being a first generation lawyer from my family I had no idea about the field of law. So back in 2004 after my plus 2 exam completion during the break time I came across a friend who was appearing for law entrance exam for Calcutta University and NUJS as at that time there was no CLAT. While talking with him on a regular basis I got a glimpse of the legal world and got really interested in the field of law and was intrigued by the court proceedings. I decided to appear for the entrance exam with a short preparation and got selected. By God’s will started the journey into the field of law. Also my family members immensely supported me in this decision.
Your journey into law began with appearing for the law entrance exam at the insistence of a friend. How did you feel when you were selected, and how did that moment shape your perspective on your future career?
When I got selected I was elated that I was getting a chance to be a lawyer. It really shaped my career as well as my family life also as I met my wife in law college who was a very good friend at that time. Though my college was not a National University but the faculty members were good and really passionate in teaching, I am always grateful to them for their guidance.
Interning under the guidance of Mr. Sajal Kanti Biswas seems to have been a transformative experience for you. Could you elaborate on how his mentorship influenced your understanding of the legal profession and shaped your career trajectory?
Firstly, Mr. Biswas provided me with invaluable hands-on experience by allowing me to directly involve myself in live cases. This exposure to real-world legal scenarios, including discussions with clients, preparation of pleadings, and strategizing for upcoming cases, was instrumental in enhancing my interest and deepening my understanding of various legal principles and procedures. Being immersed in the practical aspects of the legal profession under his mentorship helped me bridge the gap between theoretical knowledge gained in law school and its practical application in the field.He taught me to value every task in law, stressing that no work is small. .
Specializing in the BFSI sector after completing your law degree is quite intriguing. What motivated this decision, and how did your experience at the B School of Insurance and Risk Management in Hyderabad contribute to your professional growth?
Specializing in the BFSI (Banking, Financial Services, and Insurance) sector started from my observations while practicing law after completing my BALLB degree. Initially, as a newcomer to the legal profession, I found the complexities of financial matters daunting. However, exposure to numerous banking and insurance cases in court intrigued me, sparking an interest in the field. Recognizing the need for specialization, I considered pursuing an LLM. During my research, I discovered a joint course offered by NALSAR and IIRM specifically tailored for lawyers seeking to specialize in finance and capital markets. Although I missed the deadline for this program, my eagerness to pursue further studies led me to explore other options. This quest led me to the B School of Insurance and Risk Management (IIRM) in Hyderabad, where I found specialized courses in Risk Management. Despite not initially planning for this specialization, I applied for the program and was selected after successfully completing the entrance test.
At IIRM, I gained valuable knowledge and skills in risk management within the BFSI sector. Interacting with industry experts and peers broadened my perspective. Overall, my time at IIRM complimented my legal background and prepared me for a successful career in the BFSI sector.
Joining ICICI Lombard GIC Ltd. marked the beginning of your corporate legal career. Can you walk us through the challenges you faced initially and how you managed to adapt to your role within the corporate legal team?
Joining ICICI Lombard GIC Ltd. marked a significant shift in my career as I transitioned into the corporate legal field. Initially, I encountered several challenges as a fresher in this new environment. Each day presented a new learning opportunity, and I had to adapt quickly to the workings of a corporate legal team.
One of the major challenges I faced was understanding the dynamics of corporate operations and the intricacies of corporate law. However, my reporting managers provided unwavering support, guiding me through various tasks such as drafting notices, agreements, and participating in complex contract negotiations. Their mentorship was invaluable in helping me navigate the complexities of corporate legal work.
Additionally, my role required frequent interactions with external lawyers for advisory purposes. These interactions exposed me to a wide range of legal concepts and furthered my understanding of corporate law.
Despite initially feeling overwhelmed, I persevered and focused on honing my skills. With dedication and continuous learning, I gained confidence and successfully closed numerous contracts. This experience taught me resilience, adaptability, and the importance of continuous growth in corporate law. My time at ICICI Lombard GIC Ltd. laid a solid foundation for my corporate legal career.
Transitioning from litigation practice to corporate litigation presented its own set of challenges. What were some of the most significant hurdles you encountered during this transition, and how did you overcome them?
Transitioning from litigation practice to corporate litigation management presented several significant challenges. One of the most notable hurdles was adapting to the different approach required in corporate litigation, which involves more strategic planning and coordination with practicing lawyers for execution.
Initially, I had to familiarize myself with the nuances of corporate litigation management, which differed considerably from my previous experience in court. This required me to understand the broader strategic objectives of the company and align them with the legal strategies employed in litigation matters.
Additionally, collaborating effectively with practicing lawyers across various courts and jurisdictions was essential but posed its own challenges. Coordinating with external counsel, ensuring timely communication, and maintaining consistency in legal strategies were crucial aspects that required careful attention. I prioritized building strong relationships with external counsel and maintained open communication channels. By embracing a learning mindset and adapting proactively, I effectively managed litigation matters.
Your experience at Star India Pvt Ltd. provided insights into media laws. How did this experience differ from your previous roles, and what were the key takeaways for you in terms of navigating legal challenges in the media industry?
Transitioning to Star India Pvt Ltd. from my previous roles in the BFSI sector presented a unique set of challenges and learning opportunities. While my specialization provided me with a solid understanding of legal intricacies in finance, entering the media industry required a fresh perspective.
The key difference lay in understanding the nuances of the media business so Before diving into the legal intricacies of the media industry at Star India Pvt Ltd., I prioritized understanding the company’s business. Interacting with business leaders helped me understand the intricacies of the industry, enabling me to approach legal challenges with a comprehensive understanding of the business context.
Although the media industry differed from my previous experience, the foundational skills and adaptability acquired in my previous roles proved really helpful. Leveraging my understanding of business dynamics, I navigated legal challenges more effectively and aligned legal strategies with overarching business objectives.
One of the key takeaways from my experience at Star India Pvt Ltd. was the importance of continuous learning and adaptability in a dynamic industry. The media sector is constantly evolving, and staying abreast of legal developments and industry trends is very essential for legal work.
Overall, my tenure at Star India Pvt Ltd. provided me with insights into media laws and reinforced the significance of understanding the business context in addressing legal challenges effectively.
How do you approach overseeing legal objectives for such a large area, and what strategies do you employ to ensure success?
I started by understanding the work in that area, including the businesses and operations. Thereafter, I worked closely with my seniors to set clear legal goals that fit with the company’s overall plans. Good communication within the team members and with other departments is the key for everyone to work together smoothly.
We also keep an eye out for any legal risks and try to mitigate them before they become big problems. I talk regularly with other departments of the company further to understand their legal needs and help out where I can.
One notable aspect of this organization is the open communication fostered by our superiors. They encourage us to take risks and they also actively seek to understand ground-level issues through effective communication. Additionally, we are consistently striving to enhance our legal strategies and processes to adapt to evolving legal and business landscapes.
Based on your extensive experience in the legal field, what advice would you offer to fresh graduates who are considering a career in law?
The legal field offers numerous opportunities and is constantly evolving. Whether in litigation or corporate law, there are vast prospects for fresh graduates. As our country’s GDP grows, the demand for legal professionals will increase, providing ample opportunities for lawyers.
However, continuous learning and staying updated with the latest developments in the sector are essential for growth in this field. Many legal websites and resources are nowadays which are invaluable resources for students in this regard. Additionally, while the initial stages of a legal career may seem daunting compared to other professions, the rewards throughout one’s life are significant.
