Super Lawyer

Author: SuperLawyerTeam

  • Good lawyers in this field will be versatile in their strategy, looking at how best to play the cards their clients have been dealt-Viren Mascarenhas, Partner at Milbank

    Good lawyers in this field will be versatile in their strategy, looking at how best to play the cards their clients have been dealt-Viren Mascarenhas, Partner at Milbank

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Please tell us about your journey in the field of law and how you ultimately specialized in alternate dispute resolution, international commercial and investor arbitration, and public international law?

    I grew up mostly in Mumbai, India, but I received a full scholarship to do my undergraduate studies in the United States.  While my first degree in Economics gave me a solid basis for understanding how the world works, I subsequently pursued a law degree with the idealistic, energetic goal of trying to change how the world worked, in particular, addressing inequities between the Global South and the Global North.  

    While in law school, I took all of the core and foundational classes, but chose my electives to be different international law classes, such as trade law, law of the sea, human rights.  Those classes set the stage for my subsequent career in international dispute resolution.

    You’ve worked with various prestigious law firms and organizations throughout your career. How did each of these experiences contribute to your growth and expertise in the field of international law and arbitration?

    Receiving an offer to serve as a law clerk to H.E. President Rosalyn Higgins at the International Court of Justice during the 2005 to 2006 judicial term felt like being at the pinnacle of my career at its very start!  The ICJ is colloquially known as the “UN Court” or the “World Court.”  The Court’s docket was full during my term.  I worked on armed conflict between the DRC and Rwanda, transboundary environmental issues between Argentina and Uruguay, and the massive Genocide Convention case between Bosnia and Serbia.  The clerkship confirmed for me that I wanted to focus on international law disputes in some fashion.

    Accordingly, I submitted applications into the UN system online for all open vacancies in international law.  Those applications—painstakingly prepared—would vanish into the ether.  I usually never heard back or would hear back over a year later that the vacancy had been filled!

    However, I had success with one application (and all it takes is one!).  In 2007, I relocated to Freetown, Sierra Leone, to work as a Legal Officer at the Special Court for Sierra Leone.  The tribunal had been established to adjudicate responsibility for the war crimes committed in the country during its conflict.  The experience was eye-opening. Substantively, I learned about the application of international criminal law and working at an international organization.  Personally, observing the plight of the survivors and victims of the atrocities instilled in me that we should always try our best to achieve the greater good. 

    Still, I was not sure I was ready for a long-term career as an international civil servant.  I wanted to explore the rigors of private practice with the goal of becoming a better-trained lawyer.  I chose from various offers to join the International Arbitration Group at Freshfields Bruckhaus Deringer, one of the best arbitration practices in the world, just before the Great Financial Recession hit in September 2008.  While at Freshfields, I got to work on some of the most complex investment and commercial arbitrations, particularly in the energy and extractives sector, such as Libananco v. Turkey, Burlington Resources v. Ecuador, and ConocoPhillips v. Venezuela.  Additionally, I did a ton of pro bono at the firm, representing individuals in asylum proceedings and providing legal advice on international human rights to prominent NGOs.  And, in my spare time (I did not sleep much, admittedly, when younger!), I was teaching at Columbia Law School.

    I felt that I had the best of all worlds—I was stimulated by complex commercial work; my matters had purpose; and I was able to interact with the best arbitrators in the world (Jan Paulsson!  Lucy Reed!) and the best young minds as well at Columbia Law School.  

    As a Partner at Milbank, you’ve been involved in a wide range of commercial arbitrations under various arbitral institution rules. Could you share with us a particularly challenging case you’ve worked on and how you navigated its complexities?

    To date, I have represented the government of Türkiye in five investment arbitrations over the course of my career.  Two cases stand out for me:  Cascade v. Republic of Turkey, ICSID Case No. ARB/18/4, and Ipek v. Republic of Turkey, ICSID Case No. ARB/18/18.  Of course, I cannot discuss anything that is legally privileged and/or confidential from those two matters.  But just a quick search in the public domain will reveal that these two disputes were profoundly important to Türkiye.  At a high level, the matters concerned the failed coup d’état of July 15, 2016, and pitted the Erdoğan administration against the followers of Fetullah Gulen.  So, issues of national security, terrorism, politics, and free speech were directly relevant to the two arbitrations.  Turkish outlets reported on these arbitrations as a fight for the heart and soul of Türkiye!

    After several years of intensely fought arbitration proceedings, Türkiye prevailed in both matters on jurisdictional grounds.  The tribunals found that the investors had committed an abuse of process by restructuring their investments to avail of bilateral investment treaty protection at times when their disputes with the government were underway or reasonably foreseeable.  

    These were immense victories that required me and my team to identify the legal elements of Türkiye’s defenses, and then marshal the evidence to demonstrate to the tribunals why those elements had been satisfied with the requisite burden of proof.  With regard to evidence, no stone was left unturned.  We reviewed publicly available sources extensively; interviewed government officials and witnesses from different ministries and agencies; and identified true experts who could opine on key issues related to the underlying matters.  But being technical about evidence is insufficient.  You have to present the facts and evidence in a narrative that is compelling, persuasive, and convinces the tribunal why to rule in your client’s favor.

    Your involvement in investor-state arbitration is quite notable, representing energy majors against several countries. Could you elaborate on the unique challenges and strategic considerations involved in these cases?

    Yes, I have represented investors in high-profile energy and mining disputes against governments all over the world, including Argentina, Azerbaijan, Bosnia-Herzegovina, Bolivia, Ecuador, Italy, Mexico, Nigeria, Peru, the Philippines, the Russian Federation, Timor-Leste, Uruguay, and Venezuela.  I have also been instructed by several governments in their investment arbitration disputes.  These cases can be very complex because of the multiplicity of government actors involved (for example, the Ministry of Energy may be the focal point, but acts by the President’s Office, the Ministry of the Environment, the Ministry of Foreign Affairs, and the Ministry of the Economy may also be relevant).  Government actors change over time, bringing in another layer of complexity.  Additionally, the heart of the dispute may not just be about politics (for example, reclaiming sovereignty over natural resources as the public policy goal of a government) but also economics (for example, high oil prices prompting implementation of windfall profit taxes or increased royalty rates).

    Good lawyers in this field will be versatile in their strategy, looking at how best to play the cards their clients have been dealt.  You likely will have to be technical (for example, reviewing administrative agency decisions to understand how environmental regulations relating to energy projects are implemented by local actors), creative (working with experts to construct a model of how the project would have been implemented but for the government’s alleged wrongful act), and comprehensive (seeing the story not just from the perspective of the government and the investor, but also impacted local communities and future generations). Ultimately, you have to understand the big picture yourself, and then figure out how to present that big picture to the tribunal clearly and compellingly.

    Besides your legal practice, you’re also an Adjunct Professor at Columbia University School of Law. How does teaching influence your own legal work, and what insights do you gain from engaging with students?

    I have been teaching as an Adjunct Professor at Columbia Law School for 14 years now, and I absolutely love it.  First, I went to CLS to obtain my JD, so being back on campus reminds me of how much I enjoyed my legal studies (and takes me back to my early 20s!).  Second, preparing for sharp, probing questions from my students keeps me on my toes.  I have to make sure I am fully up to date on the latest in international arbitration and am not just teaching from an outdated playbook.  Finally, listening to their views and perspectives makes me a better lawyer.  They may suggest novel ways of addressing a problem because they do not have preconceived notions.

    You’re actively involved in various organizations focusing on international justice, business and human rights, and more. How do these extracurricular roles complement your legal career and contribute to your personal mission?

     I went to law school with the idealistic goal of helping to make the world a better place!  Therefore, it has always been very important to me to be active in pro bono matters to help serve those who cannot afford access to justice.  I still remember the full panoply of emotions I felt as a second-year lawyer when I was able to secure asylum for my then-teenage client in the United States when he fled persecution in Colombia.  (He subsequently obtained his undergraduate degree from New York University and is now a successful teacher!).

    Given that I spend my time practicing public international law and international arbitration, I focus my pro bono and philanthropic efforts on those two areas where I have a comparative advantage.  That translates into work on international human rights and international justice.  I am proud to serve on the Board of Directors of The Global Justice Center, which focuses on gender-equality in post-conflict societies that is achieved through legal advocacy.  I am also a Director of International Independent Legal Advocates, which helps to level the playing field for developing and small countries who are negotiating complex multilateral treaties and lack the resources and time needed to be effective negotiators.

    By the way, all this work reinforces my own billable legal practice.  I am often approached by corporations or governments to work on commercial disputes that might implicate human rights issues.  For example, many of my extractives and energy matters concern not just economic issues of supply, demand, prices, force majeure, taxes, etc., but also environmental issues and consideration of impacted stakeholders such as indigenous communities in the relevant areas.  Some of the relevant experience I have gathered to take on these matters comes from my pro bono practice.

    You’ve been recognized with numerous accolades and awards for your contributions to the field. How does this recognition affect your approach to your work and your commitment to advancing international law and arbitration?

     You are kind to mention that I have received accolades for my work in international arbitration and as a lawyer generally.  I am always grateful for recognition from my peers, clients, and others for the work that I am doing.  And, at an earlier stage in your career when you are still establishing your bona fides, external accolades and awards can help convince clients that you have the wherewithal to lead their complex matters.  

    Ultimately, though, it is the work that matters.  Recognition usually comes from doing good work.  Doing good work usually requires hard work, dedication, and, frankly, plodding.  I spent many late nights focused on the task at hand—preparing for hearings, finalizing briefs—instead of dreaming about awards!  But I enjoy the “doing,” and the rest that might follow—recognition, accolades, whatnot—is (very enjoyable!) icing on the cake.  

    Lastly, with your extensive experience and success in the legal field, what advice would you offer to fresh law graduates who are just starting their careers, particularly those interested in pursuing a path similar to yours in international law and arbitration?

    Here is what I can suggest based on my experience.  

    First, be flexible.  I spent the summer between my first and second years of law school doing project finance at Milbank.  This seemed like a sensible practice area given that I was interested in development work and thought I would return to India/Asia to work.  However, I realized that I was more inclined to be a disputes lawyer, which led to the career I have described.  But now, two decades into my career, I am back at Milbank leading the international arbitration group.  Unsurprisingly, I spend a lot of time working with my project finance partners—but am not part of the project finance group!  After all, some of the mega projects that Milbank’s project finance team work on could run into disputes, either with the government (giving rise to investment arbitration), or between project company and contractors/subcontractors (giving rise to construction arbitration), or between the project company and offtakers (giving rise to commercial arbitrations). You never know how the story might unfold.

    Second, always, but especially when you are in the early stages of your career, be open to possibilities.  Within five years of graduating from law school, I had clerked at the International Court of Justice, served as a Legal Officer at the Special Court for Sierra Leone, and been a mid-level associate at a top law firm doing international arbitration. While I always had an eye to the future, I focused primarily on what I could learn from each of those amazing opportunities, which were all different from each other.  The result was a broad training in international law, on which I have built my private practice. 

    Third, try to get the most out of what is immediately in front of you, avoiding a “what next” way of thinking.  I was – and am! –ambitious, which sometimes translates into wondering what lies around the corner.  But the most enjoyable moments of my career are when I lose myself in my work—editing a complex section of the brief, preparing for and then undertaking a cross-examination at a hearing, reading the material and then engaging my students on the latest developments in international arbitration.  

    Relatedly, choose to do things because you enjoy them and not always because they could translate into career success.  For example, I studied conversational Spanish with a Venezuelan refugee in The Hague when I was clerking at the International Court of Justice out of a love for the language (based on reading English translations of books by Isabel Allende and Gabriel García Márquez in college) and a desire to work with refugees in the United States when I completed my clerkship.  Little did I know that my Spanish would come in handy later on when I embarked on several major investment arbitrations involving South American governments!  

    Fourth, do not be too hard on yourself.  A successful career is one that is built over time.  There will be ups but inevitably there will also be downs.  Some of those downs will be the consequence of things you cannot not control, at least in part.  Do your best based on the circumstances you find yourself in to change what you can and let go of the rest. 

    Get in touch with Viren Mascarenhas-

  • When faced with a dispute that covers multiple countries, it is best to rely on local expertise and blend it with your own knowledge of the client’s expectations to arrive at a holistic solution- Astha Negi, Partner at Fidus Law Chambers

    When faced with a dispute that covers multiple countries, it is best to rely on local expertise and blend it with your own knowledge of the client’s expectations to arrive at a holistic solution- Astha Negi, Partner at Fidus Law Chambers

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us about your journey in the field of law and how you ended up specializing in intellectual property (IP) law?

    I never originally planned to study law. My parents were very keen on me sitting for the civil services examination, but I was not inclined towards it. After completing my schooling in Pune, ILS Law College seemed like a great option for college and fortunately, I was admitted. It was my father who inspired me to take up IP. We used to discuss his numerous patents that he had filed back in the day when he was a scientist and a professor at IIT. Our conversations revolved around plagiarism and authorship/ownership issues in works created in educational institutes..

    Before joining Fidus Law Chambers, you were part of a large IP firm in India, where you managed international trademark portfolios. How did that experience shape your career and expertise in trademark prosecution and contentious matters?

    At Anand and Anand, I had the opportunity to learn from some of the best brains in the industry. My work involved handling foreign filings and contentious matters outside India, which allowed me to connect with many law firms and foreign counsels. I built long-lasting relationships with them, and we continue to collaborate even today.

    Working on outbound matters taught me a lot. As a representative of my clients and their business, I had to consider costs, efficiency, and timelines for each case. I also had to navigate the challenges unique to each jurisdiction and present viable solutions to clients. This experience helped me gain valuable insights into practice and procedures in different countries, which I would have missed out on if I had continued to focus only on Indian-specific cases.

    As a Partner at Fidus Law Chambers, you supervise global trademark prosecution and contentious portfolios for your clients. Could you share some of the challenges you face in this role and how you tackle them?

    A one-size-fits-all approach never works when dealing with intellectual property (IP) on a global scale. When faced with a dispute that covers multiple countries, it is best to rely on local expertise and blend it with your own knowledge of the client’s expectations to arrive at a holistic solution. Another challenge that often arises is that, from a business perspective, clients prefer brand names that are easy for consumers to relate to, which means they may not make great trademarks. In such cases, the best solution is to conduct a comprehensive risk analysis and provide clients with various options to choose from. As a lawyer, you must always strive to find a middle ground.

    Achieving a 98% success rate in trademark contentious hearings in 2022 is an impressive feat. What strategies do you employ to ensure such remarkable results for your clients?

    It’s fairly simple for us. We spend hours preparing for each hearing, with written submissions that include robust timelines and case law. Credit also goes to our experienced team members, who are skilled in handling contentious hearings. We brainstorm before each hearing to decide on our strategy and argument, which has helped maintain our high success rate.

    You’ve filed trademarks in over 40 countries in 2022, which demonstrates a significant international presence. Can you highlight the importance of global IP strategies for businesses in today’s interconnected world?

    Today, businesses are no longer limited to local markets. Thus, having a robust global IP strategy is extremely important. There have been numerous cases of bad faith filings, where trademark squatters have obtained registrations for clients’ trademarks, and the clients were too late to apply. Businesses can take smart steps to protect their trademark rights. At the preliminary stage of brand checks, one doesn’t even have to engage lawyers. There are multiple databases and websites where any business can quickly check for identical or similar marks.

    Apart from your legal career, you are deeply passionate about promoting more women in the workforce and sports. Could you share some of your initiatives and experiences as a community ambassador, organizing and hosting games for working professionals, especially women, in Delhi/NCR?

    This is something I am deeply passionate about. I have always been interested in sports and fitness, but I struggled to find team members to play with. Fortunately, I discovered Hudle, a platform started by one of my seniors in college. Through Hudle, I was able to find groups and venues to play at. Last year, I started a group called “Sportsweekenders” in Noida. The group targets working professionals who enjoy team sports such as basketball, football, and badminton. The idea is to encourage more women to play team sports. We encourage men in the group to bring their wives, friends, and sisters to join. The biggest challenge I face in hosting games is retaining female players. Gender stereotypes in sports still prevail, and addressing this is a long and difficult fight.

    You have been recognized for your outstanding contributions to the field of IP law, such as being named one of the “Influential Women in IP” and receiving multiple recommendations from prestigious publications. How do you stay at the forefront of the industry and maintain your expertise?

    One has to keep evolving with the times. I have always been interested in emerging technologies and issues, and our opinions and strategies align with emerging trends. I encourage my team to come up with innovative solutions that can help our clients. Ultimately, there is no substitute for hard work and consistency.

    As an active member of INTA and Marques, you attend their annual conferences regularly. How have these memberships and conferences contributed to your professional growth and networking opportunities?

    Conferences are an excellent way to bond with peers, clients, and colleagues globally. Knowledge sessions offered at these conferences can facilitate personal growth and learning. As a member of INTA committees, I regularly attend committee sessions, which I find very helpful. The cultural diversity of these conferences is another plus point, as it can help you step out of your comfort zone.

    Could you share some key lessons or insights you gained from attending the trademark practitioners training course offered by the Japan Patent Office and the summer school in intellectual property laws at Xiamen University in China?

    The JPO training was intense. The group consisted mostly of lawyers from Asian countries. We analyzed IP laws in our respective countries and compared them with those of other countries. The summer school in Xiamen was enjoyable, as I got to experience life as a student in Xiamen. Our days were spent studying cases and going on field trips. Both experiences enriched me culturally.

    With your experience and success in the legal profession, what advice would you like to give to fresh law graduates who are starting their careers today, especially those interested in specializing in intellectual property law?

    Honestly, these days, freshers don’t need advice. They know exactly what they want and when they want it. Just be true and honest with yourself, make mistakes, learn from them, and eventually, you’ll end up doing something you love. For those who desire to get into intellectual property (IP), I suggest reading up a lot and subscribing to publications if you can. Some of the students who intern with us are very well-read, and it’s a pleasure to work with them. We regularly absorb such interns who show merit and hard work.

    IP is fascinating, and with emerging issues and technologies, it’s a whole new world out there, and the legal implications of these emerging laws are wide. We are blessed to be witnessing the future as some of the laws are now taking shape. This is a great time to be an IP lawyer.

    Lastly, looking ahead, what are your future aspirations and goals both professionally and personally, and how do you plan to continue making a positive impact in the legal and broader community?

    Professionally, I want to continue doing what I am doing. I want to lead with purpose and help the younger members of the firm become the best versions of themselves. Specifically, I want to mentor younger lawyers, especially female lawyers, as they navigate the challenging workspace, find balance, and become productive members of society.

    Personally, I want to build a bigger community of sports enthusiasts in my neighborhood, with more female participation from ages 30 and above.

  • When one puts their thoughts into words, it unlocks additional dimensions of knowledge-Dr. Sudhir Raja Ravindran, Founder, Altacit Global

    When one puts their thoughts into words, it unlocks additional dimensions of knowledge-Dr. Sudhir Raja Ravindran, Founder, Altacit Global

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Could you please share your journey and how you ended up pursuing a career in law after obtaining degrees in both engineering and law?

    I developed an interest in law while pursuing a Master’s Degree in Engineering from the Warwick Manufacturing Group at the University of Warwick. I was studying regulations relating to automobiles and how they affect innovation, which instilled in me an interest in further exploring and understanding the functioning of legal systems through academic pursuits.

    How do you believe your background in engineering complements your expertise in law, particularly in the realm of intellectual property?

    The diverse educational backgrounds in the fields of Engineering and Law contributed to bring about a range of perspectives in the practice and application of law. This amalgamation of knowledge facilitated the development of a systematic problem-solving approach, nurtured critical thinking skills, and enhanced the ability to provide adept counsel to clients across various industries. It does also help in understanding technology and innovations and their protection under the Intellectual Property regime. 

    As the founder of Altacit Global, a leading Indian law firm, could you tell us about the key factors that led you to establish your own firm and what unique challenges you faced as an entrepreneur in the legal industry?

    The founding impetus behind the establishment of Altacit Global was to create a firm capable of delivering international-caliber services to Indian clients, while fostering a culture of ethical practices. The foremost challenge at hand was to ensure the provision of consistent services on a considerable scale and across diverse geographic locations. This challenge extended to attracting and retaining premier talent, as well as establishing a platform that could foster and acknowledge excellence within a professional work environment. By embracing technology early on and maintaining a commitment to best practices, we have successfully positioned ourselves at the forefront of the spectrum, enabling us to serve esteemed clients.

    You are a regular speaker at universities and national and international conferences. How do you balance your professional commitments with your passion for sharing knowledge and insights with others?

    Professionals in all fields amass a wealth of experience and exposure to diverse facets and issues. This knowledge typically remains within an individual and is seldom shared unless direct interaction occurs through internships, apprenticeships or employment, reminiscent of the ancient gurukul systems. The act of imparting knowledge and contributing to the society from which we have gained is the principal impetus behind authoring articles, publishing books, and speaking. Furthermore, when one puts their thoughts into words, it unlocks additional dimensions of knowledge.

    Your achievements are truly commendable, and you have been recognized as one of the 100 legal luminaries of India and top 100 IP leaders of India. 

    When someone is passionate about their pursuits and excels in them, recognition will inevitably follow. Such recognition serves as a motivating force, propelling individuals to push their boundaries and embark on unprecedented journeys, ultimately leading to a profound sense of satisfaction.

    Your book “Intellectual Property Risk Management” delves into the process of identifying, assessing, and evaluating risks associated with intellectual property. What are some common misconceptions about IP risk management, and how can organizations better understand and address these risks?

    Law is an evolving domain that continuously adapts to the prevailing social, economic, political, and technological developments. The publications “Intellectual Property and Taxation” and “IP Acquisition in India – Tax & Legal Aspects” include chapters authored by various subject matter experts, serving as quick-reference guides and starting points for navigating the intricate landscape of law and its implications on the commercial aspects of intellectual property. The intangible nature of intellectual property poses challenges for all stakeholders within the intellectual property regime. Ensuring appropriate value derivation from intellectual property requires careful attention, distinct from other forms of property.

    The publication “Intellectual Property Risk Management” aimed to elucidate the inherent risks associated with intellectual property and strategies for their mitigation. However, the time has come to release updated versions of these publications to bridge recent developments.

    Lastly, with your extensive experience in the legal and intellectual property domain, what advice would you give to fresh graduates who aspire to make a mark in the legal field and potentially pursue a career in intellectual property law?

    It is of utmost importance for lawyers to remain abreast of developments, encompassing not only the legal field but also various aspects of life, such as technology, social dynamics, economic trends, and more. Grasping the implications of the law and effectively harmonizing economic interests with those of humanity holds immense significance.

    When the process of learning comes to a halt, the growth of the lawyer also stagnates. For law students aspiring to build a career in the realm of intellectual property, which resides at the intersection of technology, law, and economics, a preparedness for perpetual and lifelong learning is imperative.

    Get in touch with Dr. Sudhir Raja Ravindran-

  • Women possess an innate ability to empathise, communicate and offer solutions to bridge gaps, which could immensely help professionals in the field of law- Suhrita Majumdar, Partner at S. MAJUMDAR & CO. , Patent & Trademark Attorneys

    Women possess an innate ability to empathise, communicate and offer solutions to bridge gaps, which could immensely help professionals in the field of law- Suhrita Majumdar, Partner at S. MAJUMDAR & CO. , Patent & Trademark Attorneys

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Could you share with us the journey of how you ended up pursuing a career in law and specifically in the field of Intellectual Property Rights (IPR)?

    Since childhood I aspired to become a lawyer. If I remember correctly, around the age of 14 or 15, I thought it would be most exciting to take up criminal law. Courtesy movies! However, as time progressed, I started taking interest in what my Father did. Having been in the practice of core IPR, my Father, Mr. S Majumdar, set up his firm in Kolkata, under the banner of S Majumdar & Co. at a young age.  

    Upon completion of my academics and trainings, I joined the firm in 2008 at the Head Office in Kolkata. Initially I focused on trade marks and had the liberty to expand the team, with his unwavering support. In 2011, I shifted to New Delhi to manage operations of the newly setup branch office. Since then, I have been based in New Delhi, with frequent work trips to other offices at Kolkata and Mumbai.

    Joining S. Majumdar & Co. in 2008, could you tell us about the initial challenges you faced ?

    Challenges are constant and manifold and as a professional, one has to be open to such challenges. In our practice, soon upon joining, I realised that to become a part of the team, I had to be more patient, perhaps because I was required to hear more and make my notes. Complying with internal deadlines was mandatory and it is still so. Therefore, I had to ensure that I complied with the various timelines set for each activity (including meetings, deadlines, other deliverables, or even casual lunch time chats).

    But I have realised that it is the initial challenges and how you deal with them which are critical to mould one’s outlook and also equip one to handle further challenges which come with additional responsibility entrusted to you by the firm or the client.

    Additionally, the field of IPR, especially litigation in IPR, has its own unique challenges.

    With over 15 years of experience in the field of law, could you share some interesting or memorable cases or clients that you’ve worked with?

    I take special interest in suits involving civil/criminal raids and each of them become memorable ones. Nevertheless, I can certainly not miss out on mentioning some of the worthy ones.

    Around 2009, I was fortunate to have had the opportunity to assist Mr. Majumdar in the first the then Intellectual Property Appellate Board (IPAB) case relating to staying operation of a patent. This was a dual sim mobile case, before the Customs Office, Delhi and the IPAB. In this case, the patentee managed to obtain a frivolous patent in respect of a multiple sim mobile phone. Basis such patent, he approached the Customs office for confiscating all dual sim mobile sets being imported to India by the leading mobile phone manufacturers. Consequently, all such manufacturers had to wait for a decision from the appropriate forum to ensure that such goods could be released and launched in the Indian market. The Indian Cellular Association (ICA) was actively involved in trying to provide relief to all these leading mobile manufacturers.

    Back in 2010, I was fortunate to be a part of the first GI litigation in India, concerning Darjeeling tea. The said litigation was initiated by the Tea Board of India against ITC Limited on the basis of their registered GIs including Darjeeling. The matter went on for years and was eventually decided in ITC’s favour. At the SLP stage, the Supreme Court did not get into the merits of the case and the matter was disposed of, with certain directions to the High Court.  In fact, the matter was to be decided by the Suit Court (in Calcutta) on the question of law of GI and Certification Trade Mark only, without going into a lengthy trial and examination of documents/ witnesses. The Judgement was pronounced orally by the Hon’ble Justice Sahidullah Munshi on February 2, 2018, dismissing the suit, and the lawsuit was decided in favour of ITC. The Court reiterated the findings of the interlocutory Court. The Court found that the Plaintiff’s registered GI and Certification trademarks are restricted to tea and the protection afforded by the same cannot extend to lounge services. The Court further observed that Tea Board had failed to establish a case of passing, dilution or unfair competition. The Court specifically held that Darjeeling being the name of a place cannot function as a regular trademark, and though Darjeeling may be famous for tea, Tea Board is not entitled to allege that Darjeeling cannot be used by any other traders for their own goods and services for goods/ services, other than tea.

    Referring to a couple of the recent decisions, in 2020, I was involved in a copyright infringement case concerning A Sirkar Vs B Sirkar, which was instituted before the Commercial Court, Alipore, Kolkata where about 7 jewelleries were copied in toto by the Defendants. We received favourable orders at all levels and eventually the suit was settled. This case was quite unique and interesting.   

    In another infringement case, before the Federal Court of Canada, through the local Counsels, we were successful in an infringement suit concerning the well-known trade mark AMUL. Amul was awarded damages of $10,000 for actions contrary to the Trademarks Act, $5000 for actions contrary to the Copyright Act and awarded costs of US$ 17,733, payable by the Defendants.  

    As an active participant in IPR awareness programs organized by various institutes in India, could you share some insights into the importance of raising awareness about intellectual property rights, especially in today’s digital age?

    Raising awareness has always been important considering that IPR is a powerful tool that stimulates innovation and creativity leading to economic development. It is essential that we are conscious of the efforts taken at the stage of innovation and creation, by this I mean is that before any IP is created, one has to ensure that there is no encroachment into the rights of a third party, especially in the digital age where we have access to a lot more content than before. Therefore, on the one hand, it is easy to copy and on the other, it is easy not to copy. For these reasons, awareness is important, especially amongst the younger innovators/creators, irrespective of the domain. Such discussions are always helpful, infact, in the process, we also get to learn so many new things happening around us.

    In fact, under the current regime, IPR is of very high importance, and we see a lot more happening in terms of spreading awareness, at all levels.      

    The field of law, particularly IPR, is constantly evolving. How do you stay up-to-date with the latest developments and trends in the industry to provide the best advice to your clients?

    Yes, considering that IPR is constantly evolving, it is important that we are updated with the latest decisions being passed by the various fora and follow various discussions on relevant platforms. Interacting with clients, attending various conferences, including global conferences, are important to help keep one updated with development and trends in the industry as well as the global scenario with respect to IPR. One after all needs to ensure they are able to keep pace with the rapid technological developments and in that context advise clients on the securing and enforcing of IPR.

    Recently, on August 5, SILF marked a significant milestone with the virtual inauguration of the SILF ladies group on the occasion of Lady Lawyers Day event. What is the scope of women lawyers in the profession?

    Recollecting words of Late Ruth Bader Ginsburg, “women belong in all places where decisions are being made. It shouldn’t be that women are the exception”.  

    Women possess an innate ability to empathise, communicate and offer solutions to bridge gaps, which could immensely help professionals in the field of law. Always remember, gender shouldn’t be a bar at any point in time considering that we have the same ability to deliver. In any case, irrespective of gender, the profession demands perseverance.

    I personally look up to some of the eminent lady Judges and lawyers who have greatly contributed to the profession. I also admire some in-house counsels I have personally worked with, who have been significantly contributing to the growth of the companies with their acumen.

    Referring to eminent personalities in the world of IP, Hon’ble Mrs. Justice Prabha Sridevan (Retd) and our current Hon’ble Mrs. Justice Pratibha Singh are great inspirations.  

    Hon’ble Mrs. Justice Prabha Sridevan (Retd) delivered some pathbreaking judgments during her tenure as the Chairman of the then IPAB.

    Hon’ble Mrs. Justice Pratibha Singh, with her extensive experience in IPR, has shown exemplary dedication in her judicial responsibilities. I am sure all IP practitioners acknowledge her untiring contributions to the creation of the IPD in Delhi High Court.

    Lastly, with your extensive experience and success in the legal profession, what advice would you like to give to fresh law graduates who are considering a career in IPR?

    IPR is vast and therefore, there are several opportunities available for law graduates. In fact, after having completed the IP course at the law school, one should consider IP internships to gather experience and also to see if the subject suits. Subsequently, one may choose a career in between Court and in-house practice.  

    Get in touch with Suhrita Majumdar-

  • Young women arbitration practitioners need to know that there are others like them, and that everyone is in the same boat, dealing with similar challenges- Manini Brar, Independent Practitioner at Arbridge Chambers

    Young women arbitration practitioners need to know that there are others like them, and that everyone is in the same boat, dealing with similar challenges- Manini Brar, Independent Practitioner at Arbridge Chambers

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Ma’am, please tell us about your journey and how you ended up pursuing a career in law, particularly in the field of international law and arbitration?

    In school, I was head of the debating society and also part of the dramatics club. Obviously, I was fond of being the front and centre of anything to do with expressing and discussing ideas. I wanted to take that forward in my life. For a very long time, I was torn between journalism and law. But then I got to law school, and I just knew from the get go that this is where I wanted to be. Never looked back. 

    I don’t think it makes sense to jump right into international law or arbitration at the start of one’s career. You have to ground yourself in the practice of law in your home jurisdiction first, get your hands dirty, figure out what area of law you want to practice in, and how you want to practice. Are you into commercial disputes, or criminal law, or corporate transactions, or intellectual property? Do you want to work for a small firm, big firm, senior counsel? This is what I did. I worked with a law firm, then with a practicing advocate in the Delhi High Court. It took me a few years to identify with certainty that I was interested in commercial disputes, and I wanted to be where the hearing was, inside or outside of court. That’s when I went to Cambridge and studied public international law with a focus on international dispute settlement. After that, I worked at the Hong Kong office of the International Chamber of Commerce- Court of Arbitration, and later as a Tribunal Secretary in international commercial arbitrations / SIAC. I spent more than a decade slowly evolving into my chosen area of practice, which was international law and arbitration. In 2021, I felt I had the wherewithal to strike out on my own and set up my own practice. So I did. 

    You have an impressive academic background, including an LL.M. from the University of Cambridge. How did your time at Cambridge shape your career and interests in public international law?

    More than anything, Cambridge taught me that intelligence is inter-personal. If you are truly intelligent, you will have the humility to accept that what you know is not everything, and knowledge comes from everywhere. From your classmates on a Sunday-morning-punting escapade on the Queens’ river, from discussions over coffee, from sport, from music. You must have the versatility to absorb knowledge from any source, and engage in discussions with anyone. That learning gave me immense perspective, and allowed me to look at the practice of law from an objective distance. I began to enjoy the discussion and study of public international law and dispute settlement without the trappings of competition and survival which are so ingrained in traditional systems of education. It helped me become a well-balanced professional, engaged in practice but also entertained by it, and gave me the tenacity to walk away from a bad day in court but keep coming back. More and more, I think the trick to succeeding as a professional is just being patient and consistent, which you can’t be if you don’t enjoy what you’re doing. 

    You have experience as both an advocate in India and a solicitor in England & Wales. How has this dual qualification benefited your practice, and what unique perspectives do you bring to the table?

    Commercial disputes are becoming more and more trans-national, cross-border as the world is becoming more and more economically integrated. Being qualified to practice in more than one jurisdiction brings with it a comparative understanding of fundamental legal principles, for example, of contract, property law, constitutional law, etc. That enables a lawyer to provide more holistic advice in a dispute involving cross-border transactions. I think for a young lawyer looking to get into international commercial arbitration, a dual qualification is increasingly indispensable. 

    As the Founder & Head of Arbridge Chambers, could you share some of the highlights and challenges of establishing and managing your independent chamber practice?

    I think the challenges are two fold, first, to find the conviction in what you know and what you can do despite what other people may think or say, and, second, to back up that conviction with all your resources. Your time, savings, energy. You have to put the cart before the horse and invest in research tools, human resources, networking etc. even before you can see the next big matter coming. If you are going to be scampering for these when the matter actually comes, it is already too late. 

    You have been involved in several international arbitrations as both an arbitrator and counsel. What drew you to specialize in this area, and what do you find most fulfilling about your work in arbitration?

    In essence arbitration is just another method of resolving disputes. If one is interested in litigation and dispute resolution in general, then interest in arbitration follows as a natural corollary. What I enjoy the most is that arbitration has a clear structure, with enough time and flexibility to really get into details of the claims, evidence, matters of procedure. The outcome can genuinely be influenced by the manner in which claims are drafted, presented and argued. I find that very satisfying as a professional. 

    You have been involved in investor-state disputes on behalf of the Government of India. Can you share some insights into the complexities and nuances of handling such cases on a national level?

    This is really the most enriching and glamorous part of my practice. Every piece of advice or representation for the GOI comes with the immense satisfaction of knowing that you are doing something which has an impact on a larger scale. But it also comes with immense responsibility. You have to be aware of the practicalities in the conduct of business and the sensitivities involved in government work when you present positions in an international context, and you have to be damn sure of what you are doing. I think being thorough and measured is very important when acting on behalf of a government entity in general. 

    One of your areas of expertise is infrastructure disputes. What unique legal considerations and challenges are involved in resolving disputes related to infrastructure projects?

    It would be safe to say that infrastructure disputes are often bread and butter for an arbitration practice. They are big, complex disputes running into pages and pages of documents, and the trick is always to simplify. I usually start with a pen and paper and spend time chalking out the life of the project. Once that is done, the rest of the effort is to fit pieces of information in the overall story / flow of the transaction. 

    Over the years, you’ve been actively involved in various international arbitration organizations and committees. Can you tell us about the significance of such engagements and how they contribute to the development of the field?

    Like I said, knowledge is inter-personal. It is important to engage with like-minded practitioners in the field, to learn from their experiences and strengthen networks. I don’t believe in being involved in everything all at once. It has always worked for me to find an organisation or committee that genuinely reflects my interests and my professional profile, and then figure out ways of being more involved in it. 

    As a member of the Global Steering Committee for Young Arbitral Women Practitioners and an Advisory Board Member of Indian Women in International Arbitration, what efforts do you think are crucial to promoting gender parity and diversity in the field of international arbitration?

    The most important thing to do right now is to develop the network. Particularly in India, the community of arbitration practitioners itself is very nascent and upcoming, and the women practitioners are an even smaller grouping. Young women arbitration practitioners need to know that there are others like them, and that everyone is in the same boat, dealing with similar challenges. That in itself is likely to be a big source of strength and support for everybody involved. If we can also enhance visibility and work opportunities for members as we go along, that is a bonus.  YAWP Steering Committee and the IWIA Advisory Board both have an amazing team of very dedicated and trail-blazing practitioners heavily committed to creating better networks and opportunities for women in arbitration. We are bound to succeed. 

    You’ve been a guest faculty at National Law University, Delhi, and have conducted courses on investment treaty arbitration. How important is it to impart specialized knowledge to young law students in this field?

    I see teaching as a two-way street, having always walked away from a lecture with a question I never thought of, or a perspective I didn’t see. Plus, you have to stay abreast of new ideas. You can’t do that if you are only interacting with people at your level professionally. You see, I learn so much from students, it is hard to say I am the one imparting knowledge to them! 

    Lastly, what advice would you give to fresh graduates or young professionals aspiring to succeed in the legal industry, particularly in the field of international law and arbitration?

    My advice to those looking to pursue arbitration is to start somewhere, anywhere, in a practice focussed on disputes, whether or not it is focussed on arbitration. You need to acquire the skills to be a disputes practitioner. You will get to arbitration eventually, even if you are not there today. Just keep at it. And while you are at it, value your colleagues, even people junior to you. These are the people who will be with you for the ride, and who are likely to help you when you really need it.

  • As a dispute resolution lawyer, I have understood that what a litigant desires the most is to be heard by an adjudicator and the arbitration proceedings conveniently affords that comfort to a litigant- Soumya Priyadarshinee, Advocate-on-Record, Supreme Court of India

    As a dispute resolution lawyer, I have understood that what a litigant desires the most is to be heard by an adjudicator and the arbitration proceedings conveniently affords that comfort to a litigant- Soumya Priyadarshinee, Advocate-on-Record, Supreme Court of India

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Ma’am, please tell us about your educational background and how you ended up pursuing law? What motivated you to choose this career path?

    Prior to joining law school, my educational trajectory was fairly linear-small town CBSE schooling. I am a first generation lawyer. I decided to become a lawyer when I was just 13 years old. It was largely borne out of the urge to depart from the trend of making the stereotypical choices of either becoming an engineer or a doctor. Some of the credit also goes to the copious amounts of legal fiction which I read at that time.  However, all these years later, for entirely different reasons, the decision to become a lawyer seems more correct than ever.

    You have an impressive work experience, ranging from independent practice to working at various prestigious offices. How did your journey progress from your early career to where you are now?

    The seeds of my litigation career were sown through my law school internships where  I first learnt grasping legal propositions and delivering accurate legal research. Then, as a lawyer, being the youngest member of the team, executing the smallest of tasks with responsibility became a priority. Reading my corrected drafts several times to understand the shortfalls was a practice which has stood me in good stead. With time my drafts have evolved. As the years passed, my approach shifted from finding the correct law to finding the optimum solution for the client. The sweetest part came around the 5th year of my practice, when I started arguing before the Hon’ble High Court of Delhi. What seemed overwhelming in the beginning, slowly became thrilling and enjoyable. The feeling of having conveyed my case satisfactorily across the bar, is by far the most gratifying feeling for me; irrespective of the win or loss that follows.

    During your stint at the Office of Ms. Rukhmini S. Bobde, you handled criminal matters and intellectual property disputes, among others. How did these experiences contribute to your growth as a legal professional?

    Litigation is a nuanced craft. Working with Ms. Bobde, first as an intern and then as a lawyer has helped me immensely. Crystal clear instructions and  adherence to professional practices have been a good primer for me. For example, one can never expect a hassle free briefing session with her without having read the brief cover to cover. Similarly, remaining poised and attentive even in high pressure situations during court hearings is a core part of her arguing style which I have been able to imbibe.  The best part about working with her has been her inclusive way of teaching me. She would always ask my opinion about the possible outcome of a hearing or about the starting point of an argument. The deliberation that follows has taught me the difference between arguing a fresh matter for admission before the Hon’ble Supreme Court and addressing final arguments before an Arbitral Tribunal. In the former, identifying and pitching the best point of a case becomes cardinal. While in the latter, being lucid while marshalling facts is a must. 

    Your work experience at various law firms involved handling cases related to environmental matters, infrastructure disputes and mining regulations. How did you navigate through these complex and diverse legal areas?

    Every new kind of dispute poses a two-fold challenge. The first is to understand the law around it and the second is to get the technicalities straight.  Over the years, I have found that a thorough reading of the brief (however unfamiliar it may be) followed by a meticulous session with the clients who are experts in their fields, such as Engineers and Chartered Accountants etc. gives me good control over the brief. From this point, traversing through the law becomes simpler. Capturing the crux through written submissions seals the deal. This approach cuts across the different domains of disputes. 

    During your independent practice, you dealt with a diverse range of disputes, including public law matters and commercial arbitrations. Could you share some memorable experiences or cases that had a significant impact on your legal career?

    There are many. But one experience from March, 2023 is extremely bittersweet. I was representing a client for the very first time before the Hon’ble High Court of Judicature at Bombay in a case under s. 9 of the Arbitration and Conciliation Act, 1996. I had worked very hard. However, I somehow felt that my arguments did not meet the mark at all. And as my luck would have it, I also managed to get scolded by the Judge that day. The clients were present in court. I was disheartened. I even made the affidavits and the vakalatnama and sent it to the clients in anticipation of having to file an appeal. However, two days later, on the date of pronouncement, I was pleasantly surprised to know from the local lawyer that not only had the Judge decided partly in my favour but he had also praised me in open court. He in fact appointed me as an arbitrator in another matter. I was relieved and so was my client. Needless to say, more work has followed since, from that client.

    You have also lectured for educational organizations such as Law Sikho and Adani University. What drove you to take up teaching alongside your legal practice?

    I belong to a family of teachers which includes my mother and my grandmother. So, I think I have some natural inclination for teaching.  

    My stint at M.V Kini & Co, New Delhi had me working on the litigation portfolios of NHAI, BHEL, AAI and the likes. This acquainted me with technical nuances  of those industries such as the different kinds of Infrastructure Contracts including Engineering Procurement and Constructions Contracts, Build Operate Transfer-Annuity Contracts, Hybrid Annuity Contracts etc. As a result I was able to contribute with a mix of practical experiences and theoretical information while teaching. 

    Similarly, I am taking some classes for Law Sikho which caters to the aspirants of the Advocate-on-Record (‘AOR’) Examination. I just cleared this exam in December, 2022. The curriculum is fresh in my mind. Therefore, I decided to take up the opportunity to help out AOR aspirants.  

    Balancing a successful legal career and taking on outstation assignments can be challenging. How do you manage your professional commitments effectively?

    The challenges behind taking up outstation matters include getting used to the listing process and ensuring defect free filing. The style of drafting also differs. Similarly, when it comes to handling arguments, a new court and a new judge can be disconcerting in the beginning. But these are challenges that disappear sooner than they appear provided one is a keen observer and relies on a good local lawyer. I manage my professional commitments vis-a-vis outstation matters by appearing through video conferencing on non-effective dates, by maintaining my court calendar carefully and by collaborating with competent local lawyers. 

    Throughout your career, you’ve been involved in arbitration proceedings and mediation. Could you share some insights into the benefits of alternative dispute resolution methods in the legal system?

    As a dispute resolution lawyer, I have understood that what a litigant desires the most is to be heard by an adjudicator and the arbitration proceedings conveniently affords that comfort to a litigant. Additionally, the earnest effort of the parties, advocates, and arbitrators to dispose of the matter within a limited time frame augurs well. As judicial intervention is restricted and can be exercised only on limited grounds, the parties are much more likely to accept the arbitral award and save themselves from the seemingly endless cycle of appeals and revision etc.

    Mediation has also proven very effective, particularly for certain genres of disputes. Long years of litigation between family members on matters of property etc have an emotional cost. Thicker the tie, the harder it is to remain objective. However, when mediated effectively, I have seen parties settling old property disputes resulting in disposal of long drawn disputes. The same is true in Matrimonial disputes as well. I have attended many mediations in the Supreme Court Mediation Cell where often chequered disputes between estranged spouses end with a reasonable and dignified settlement. 

    Many fresh law graduates aspire to have a successful legal career like yours. What advice would you give to these graduates who are just starting their journey in the legal profession? What key qualities or skills do you believe are essential for their success?

    Success is a relative term and still seems elusive to me. Delivering my best on each and every opportunity has been my only priority. The two indispensable qualities that come in handy for a lawyer are humility and honesty. As rhetorical as it may sound, I feel with humility, one can identify and embrace one’s shortcomings and work on them effortlessly . With honesty, one can win trust and reliability. These eventually translate into valuable social capital. 

    As a successful legal professional, what are your future aspirations? Are there any particular legal areas or causes that you are passionate about and would like to focus on in the coming years?

    I wish to develop a career as an arguing counsel. Till that materializes, I am happy doing it all, namely arguing, drafting, filing, briefing etc. The core idea is to deliver quality legal services in every case.

    Lastly, could you share a personal or professional mantra that has guided you throughout your legal career and life in general?

    It is true that personal life and professional life tend to run hand in hand. But keeping the two separate is the test of a true professional. Having clinical objectivity towards my professional life has helped me protect and nurture it against the inevitable and sporadic turbulences in my personal life.

  • Rather than existing in isolation, the law and its concepts should serve as tools to support individuals and enterprises-Neeha Nagpal, Founder, NM Law chambers

    Rather than existing in isolation, the law and its concepts should serve as tools to support individuals and enterprises-Neeha Nagpal, Founder, NM Law chambers

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Please share with us the journey of how you ended up becoming a lawyer? What  inspired you to pursue a career in law, and what were the significant milestones along the  way? 

    I believe that my current profession, which is being a lawyer, has chosen me in a way. I  did not actively grow up with a strong aspiration to become a lawyer. My father used to  emphasize the importance of understanding the laws of the land, which planted a seed  of interest in me. This ultimately led me to pursue a double major in Law and Business  Studies at the University of Warwick. However, the idea of being a lawyer and going to  court every day was not something I had planned for myself. 

    Despite this, I feel incredibly fortunate to have received mentorship from a young age,  from Mr. Arun Jaitley. Fondly referred to as ‘Arun Uncle’, he was a close friend of my  father and had a profound impact on my life and maybe somewhere hearing him regale  his court antics had a subconscious impact on the choice I ultimately made. Though, I  must say that I learnt it is from Mr Jaitley, I learnt the value of conducting oneself with sincerity while interacting with Clients. He always said, “There is no replacement for  sincere hard work in the profession!” 

    You have an impressive work history, with experience in various areas of law, including  Supreme Court litigation, arbitrations, and commercial transactions. How did you decide to  focus on these particular areas, such as insolvency, competition law, and white-collar  crimes?  

    My journey in the legal profession started out by getting involved with the team that  was working on the BMW Sanjeev Nanda Hit and Run appeal in Delhi High Court. Following that, I commenced working with Agarwal Law Associates [‘ALA’] in 2009,  where I dedicated a decade of my career until 2019. 

    During my tenure at ALA, I found myself amidst the unfolding 2G scam, a major  controversy at the time. I actively represented the Essar Group and its promoters in this  matter. Coincidentally, around the same period, the coal scam was also coming to light,  and I got the opportunity to contribute to that case as well. This involvement marked  the beginning of my increasing engagement in matters related to white-collar crime. 

    Since I set up NM Law Chambers with my Partner- Malak M Bhatt, in 2019, there has  been vast amounts of work related to white collar crime and insolvency coming our way. Hence,  NM Law Chambers is essentially focused on these areas of legal practice. 

    As I delved deeper into my legal pursuits, I realized an interesting overlap between  insolvency and white-collar crime, which subsequently directed my focus toward  insolvency matters.  

    Presently, I consider myself fortunate to collaborate with the Insolvency Law Academy,  where I’m actively engaged in working on a research paper pertaining to personal  insolvency law in India.

    Throughout your career, you’ve represented a diverse range of clients, including  prominent companies and individuals. Could you tell us about a particularly challenging or  memorable case that you worked on and how it impacted your approach to law? 

    Each legal case comes with its own unique set of challenges and trials.  At that time, the 2G scam stood as one of India’s most significant white collar /  commercial crime cases. It reshaped the landscape of bail jurisprudence and required a  reevaluation of legal norms. 

    Likewise, I was involved in an International Arbitration case centered around the  complex concept of advance loss of profit. This particular case demanded a high level  of dedication and had a steep learning curve due to its intricate nature. 

    However, one case that will forever hold a special place in my heart is the effort towards  decriminalizing homosexuality. I initiated this petition on behalf of my dearest friend,  motivated by the power of love. The impact of the resulting judgment on people’s lives  was truly profound. 

    Your work played a crucial role in the challenge to homosexuality laws in India, leading  to the decriminalization of homosexuality. Can you share the experience of working on such  a groundbreaking case, and what was the most rewarding aspect of being a part of it? 

    The petition was a laborious endeavor fueled by deep affection. I drafted and filed it on  behalf of my childhood friend. However, during the process of having him sign the  affidavit, a sense of concern clouded my thoughts.  

    This worry stemmed from the fact that, at the time of filing the petition, Section 377 of  the Indian Penal Code criminalized even consensual relationships between homosexual  individuals. Essentially, I was seeking his endorsement on an affidavit that essentially  labeled him as a criminal. This apprehension unsettled me. 

    Despite my concerns, we proceeded with the filing, and as they say, the rest is history! The most gratifying element of our triumph was the outpouring of tears of happiness  that filled the courtroom that day. I bore witness to countless individuals, many of whom  I had never met before, stepping forward to convey their elation and gratitude. This  experience was truly humbling and served as a poignant reminder that actions  undertaken for the sake of love, guided by love, hold the potential for tremendous  impact. 

    You have received recognition and awards for your contributions to the legal field, such  as the Forbes ‘Tycoons of Tomorrow’ Award and being featured in the ‘Forbes Powerlist 2021′  and BW Legalworld’s ’40 under 40’ Elite Lawyers. How do you stay motivated and focused on  achieving excellence in your work? 

    The transition from motivation to discipline is a straightforward one. When motivation  wanes, discipline becomes the driving force. Personally, I find a sense of satisfaction in  adhering to discipline and staying devoted to my commitments. 

    Recognizing the profound impact our work as lawyers can have on individuals’ lives and  freedom, I understand the paramount importance of responsibility in our profession. 

    Hence, it’s the combination of my innate dedication and the weight of responsibility that  serves as the anchor keeping me rooted and concentrated on my path. 

    Over the years, you have worked with various high-profile clients and handled complex  legal matters. What are some of the essential skills and qualities that you believe have been  critical to your success as a lawyer? 

    In my genuine perspective, individuals seldom seek the services of lawyers or doctors  willingly and by preference. Their circumstances, often far from favourable, compel  them to approach professionals in these fields. Therefore, our role as lawyers (or  doctors) is to respond with empathy and compassion, striving to alleviate some of the  burdens that accompany their difficult journey. 

    My approach centers on treating clients with understanding and warmth, aiming to offer  them a measure of comfort along their challenging path. This approach serves as the  core of my practice, and from there, positive outcomes tend to naturally unfold. 

    You have experience advising clients in media/TV show productions and commercial  transactions. How does your legal background come into play when dealing with such  business-related matters, and what challenges do you often face in these areas? 

    Recognizing the significance of an interconnected legal framework is crucial. Rather  than existing in isolation, the law and its concepts should serve as tools to support  individuals and enterprises. The initial step involves comprehending and appraising the  practical realities of commerce, and subsequently aligning legal elements with those  realities. Through experience accrued over time, professionals acquire the acumen to  discern which strategies are viable within comparable factual contexts. 

    The real challenge emerges in persuading clients to remain open-minded and flexible.  Encouraging them to eschew rigid expectations and steadfastly held positions can be  demanding, particularly when they are fixated on specific outcomes or contractual  terms. 

    As a founding partner at NM Law Chambers, you are responsible for managing and  leading a team. What advice do you have for young lawyers aspiring to become partners and  leaders in their respective law firms or legal practices? 

    Your effectiveness is inherently tied to the quality of your team. They constitute the  bedrock of your efforts. Thus, it becomes crucial to provide feedback and actively invest  in their growth and development. 

    In addition, it’s imperative to define your personal work ethic and values, and then  steadfastly adhere to them.  

    Personally, I prioritize responsibility and responsiveness towards my clients. Likewise,  at NM LAW CHAMBERS, our emphasis lies in delivering optimal performance, focusing on 

    efficiency and effectiveness. Rather than fixating on monetary gains, we view them as  a natural outcome of the dedicated work we undertake. 

    Throughout your career, you’ve witnessed the legal landscape evolve and change. How  do you keep up with the latest developments in law and ensure that your legal knowledge  remains up-to-date? 

    Read. Read. Read. Read.  

    There is no shortcut to that.  

    As someone with vast experience in the legal profession, what advice would you like  to give to fresh law graduates who are just starting their careers in the field of law? What  key principles or lessons have you learned that you believe could benefit them as they  embark on their own journeys in the legal world? 

    1. Knowledge is power 

    2. Don’t just work hard but work smart! 

    3. Time management is a valuable life skill and the faster one learns how to manage  their time, the happier one will be. 

    4. Happiness is a choice, we will make everyday  

    5. Define your own success. You cannot define your success by someone else’s  parameters or lens! 

    6. Take time out for yourself- most important. Do something small everyday that is just  for you. Be it a workout or play a sport or read for leisure. Me time is essential. 

    7. Family and friends are your life support system. Give them the priority they deserve. 

    8. Lastly, trust the process. Life always has a larger plan for all of us.

  • Life sciences and healthcare law can be complex and challenging: it requires a deep understanding of scientific and medical concepts- Martín Mosteirin, Partner at Marval O’Farrell Mairal

    Life sciences and healthcare law can be complex and challenging: it requires a deep understanding of scientific and medical concepts- Martín Mosteirin, Partner at Marval O’Farrell Mairal

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us about your journey and how you ended up practicing law in the field of life sciences and healthcare?

    After graduating from Universidad de Buenos Aires with a law degree in 2002, I joined Marval O’Farrell Mairal as a legal trainee and had the privilege to work in multiple practice areas, such as banking, commercial law, public law, maritime and air law, insurance, and complex litigation. 

    My first contact with the industry of life sciences –during my practice at the Litigation and Arbitration Department– was through a clinical trial agreement, where I found a really complex regulatory structure for a fascinating industry. After that experience, I decided to develop the regulatory practice at the life sciences department in the firm. I began to network and assist life sciences clients on a wide range of contentious, regulatory, and transactional matters, combining different areas of expertise such as bio-pharmaceutical, healthcare, health-tech, medical devices, dental products, cosmetics, toiletries and perfumes, households cleaning products, food industry, animal health and food, food-contact products, and agribusiness (seeds, agrochemicals, herbicides, insecticides, fungicides, fertilizers, growth regulators, GMOs, and other related products), among other industries. 

    Nowadays, our practice group for Life Sciences and Healthcare industries is one of the largest and best teams in LatAm. We have a team of six fully dedicated associates, experts in this field, who assist our clients in all aspects of their business. Besides the “pharma team”, we have specialized professionals across all practice areas of the firm (corporate, tax, customs, IP, antitrust, etc.). All together, we are about 60-70 lawyers with an actual life sciences and healthcare practice in connection with our fields of expertise. 

    Our team provides legal advice to leading global companies on regulatory strategies and compliance matters, ranging from the client’s day-to-day business to complex cross-border transactions, start-ups, joint ventures, M&As, spin-offs, product liability, contracts, compliance training, monitoring, audits and investigations, (trial and pre-trial) administrative proceedings and litigation, and civil and commercial advice in general. 

    Our main objective is to help our clients by delivering sophisticated, high-quality, and multi-practice work in cross-discipline matters for complex projects, enhancing the outcome.

    What drew you to specialize in regulatory strategies and compliance matters for the bio-pharmaceutical, healthcare, and other related industries?

    During my practice, I found an important gap between, on the one side, local laws and regulations regulating this industry and, on the other, the challenges clients face regarding compliance with them in the practice. These challenges are especially hard in those spaces where the law has loopholes or is ambiguous. I was able to identify a gap in the Argentinian legal market that no other law firm was fulfilling: the need of clients to receive advice on these matters with an “industrial” focus. We do so by providing multidisciplinary support to the client. The fact that Marval is a full-service law firm gave us an enormous opportunity to encompass this need and provide valuable solutions for clients.

    With your extensive experience in both contentious and non-contentious legal advice, what are some of the most challenging cross-border transactions or complex projects you have worked on?

    Our Life Sciences & Healthcare practice is consistently involved in large, complex –often high-profile– transactions, and other key matters in the sector. Due to their strict confidentiality, in many cases we cannot refer to the clients and/or projects by name. We will thus mention them broadly:

    • Currently, we are designing the regulatory, corporate and tax strategy for a top pharma company to merge its multiple corporate and manufacturing facilities structures into one robust cost-effective pharma vehicle, facing the challenges that derive from legal loopholes in the sanitary regulations vis-à-vis the regulated corporate and tax frameworks.
    • We are advising a global pharma company on the different available business models for landing their operations in the Argentine market.
    • We assisted a top pharma company in the spin-off and selling of a business unit (mature pipeline) in Lat-Am, coordinating the work in 19 countries. 
    • We assisted three top pharma companies in the designing and implementation of the regulatory, corporate and tax strategy for the spin-off merger of their consumer healthcare portfolio (Rx, OTC, medical devices, cosmetic, and food products).
    • We assisted a top global food company in the designing and implementation of the water business unit’s spin-off merger for creating a joint venture with a third-party player, from a regulatory, corporate and tax perspectives, covering multiple jurisdictions in the country where manufacturing facilities were located. 
    • We advise top pharma companies for their strategy assessments and implementations of hybrid business models in Argentina.
    • In the context of a full lockdown due to the coronavirus outbreak, we assisted Pfizer Inc. with the negotiation and execution of the clinical trial agreement for starting phase III trial of the vaccine candidate for Covid-19 in Argentina (August 2020).
    • We assisted a key global player who offers value-added fermentation solutions for fuel ethanol and renewable chemicals producers, to define the best regulatory strategy for registering fuel and consumable ethanol-based products to develop the local market. 
    • We advised Takeda Pharma when it sold the Hepatalgina business unit (OTC medicine) to Laboratorio Elea-Phoenix S.A. (June 2020). The transaction included the transfer of an operating manufacturing plant, employees, trademarks, and product marketing authorization certificates. The transaction was carried out during the Covid-19 pandemic, while a mandatory quarantine was in force. It therefore required coordinated, innovative, and collaborative legal work to close successfully.
    • We assessed in negotiating the transfer of technology agreement between a multinational biotech pharmaceutical company, a state-owned pharmaceutical company, and the Argentine Government for manufacturing and supplying a complex drug.
    • We advised on the start-up operations in Argentina of top-ten biotech global pharmaceutical companies, including orphan drugs manufacturers.
    • We assessed in negotiating and implementing a divestment process of the local business of a French global pharmaceutical company to move from a full affiliate business model to an indirect business model through a third-party distributor for continuing supplying the local market.
    • We advise global cannabis companies on the Argentinian regulatory landscape and the possible business models for starting operations in it.
    • We provided legal support on cross-border transactions in acquiring and restructuring healthcare businesses of global healthcare companies.
    • We provided regulatory assessment and advice on the Pharmacy Program of a top-three global retail company for its pharmacy division.
    • We advised on the start-up operations in Argentina of a leading cosmetic and personal hygiene products company in Latin-America.
    • We provided legal support on cross-border transactions in acquiring and restructuring medical devices businesses of global medical devices companies.
    • We advised on the start-up operations in Argentina of leading multinational food companies, and a leading global food packaging company.
    • We provided legal support on cross-border transactions in acquiring and restructuring vineyard and winery businesses, including advice on food-contact regulation for importing finished wine corks.
    • We advised a leading global infant formula company during a cross-border transaction for acquiring SanCor’s infant formula business unit and designing and implementing a joint venture project. 
    • We advised multinational pharmaceutical companies and US universities on clinical trial matters in Argentina.
    • We design and implement compliance programs and training for the interaction between pharmaceutical and medical devices companies, and healthcare professionals, HMOs, Pos, and third-party vendors. We also carried out several on-going risk assessments on current practices for the Argentinian market.
    • We provide specialized advice on pool procurement and risk-sharing schemes for the pharmaceutical industry.
    • We advised top global confectionery products companies about the Argentinian regulatory landscape and the possible business models for starting operations in Argentina. 
    • We provided legal support and advice on a regional distribution agreement in Lat-Am for a global Japanese chemical company, coordinating the work of several jurisdictions besides Argentina (Brazil, Colombia, Chile, Mexico, and Peru).
    • We provided regulatory advice to global companies on agribusiness regulations and legal support on cross-border agribusiness transactions (seeds, agrochemicals, herbicides, insecticides, fungicides, fertilizers, growth regulators, GMOs, and other related products).
    • We have provided both contentious and non-contentious advice to leading multinational companies on regulatory strategies and compliance in the pharmaceutical, healthcare, biotech, medical devices, medical-technology devices, dental products, cosmetics, toiletries and perfumes, households cleaning products, agribusiness and food industries, on a broad spectrum of matters from clients’ day-to-day business to complex cross-border transactions, start-ups, joint ventures, regional business’ re-structuring, M&As, and spin-offs.

    As a partner at Marval O’Farrell Mairal, how do you deliver sophisticated, high-quality work in cross-discipline matters for your clients?

    By being personally involved in all the on-going projects. I am the first point of contact for my clients, and I am always available for them, either personally or through my team.

    We generate 80% of our workload. The pharma team has a fully specialized team of six associates with full time dedication to this practice. The team also has the support of the firm’s other practice areas, to provide life sciences clients with a multidisciplinary, cost-effective support. 

    For me, as a partner, it is a priority to understand the current needs and goals of our clients. By thoroughly identifying the challenges they face and the dynamics of the industry, we can provide tailored legal advice and strategies that effectively address their specific requirements. Strong client communication and collaboration are fundamental to our approach. We maintain open lines of communication, actively listen to our clients’ concerns, and provide timely and responsive advice. It is about building long-term partnerships based on trust and a shared commitment to achieve our clients’ goals and business needs. In fact, we consider ourselves as trusted advisors for our clients.

    You have written numerous articles and co-authored chapters in various publications. Could you share some insights from your recent publications and their significance in the regulatory landscape?

    We recently updated The Pharma Legal Handbook for 2023, published by Pharma Boardroom, which is a guide providing in-depth information and analysis of the legal and regulatory framework for the pharmaceutical industry in many countries. It covers a wide range of pharmaceutical law topics, including patents and trademarks, regulatory requirements, clinical trials, orphan drugs and rare diseases, pricing and reimbursement, cannabis, biologics and biosimilars, product liability, and more. This handbook aims to provide practical insight and guidance while navigating the complex regulatory landscape of the pharmaceutical industry. It offers analyses of the key legal issues and challenges faced by pharmaceutical companies, as well as best practices and strategies for compliance.

    We have recently updated the International Pharmaceutical Law and Practice as well, published by LexisNexis, a work that also covers the principal regulatory aspects of pharmaceutical law, but focuses on the intellectual property (licensing, trademarks, patents) side of pharmaceutical products. Its importance to the legal landscape lies in how crucial intellectual property is to pharmaceutical companies: it enables them to innovate and protect their investments while maintaining a competitive advantage. By bringing together the essentials of intellectual property law from a pharmaceutical perspective, companies will have a starting point for understanding the requirements they need to meet in order to develop their industry in Argentina and protect their intellectual property.

    You have been invited to speak at conferences and seminars in the healthcare and life sciences industry. What are some of the key topics you have covered in these speaking engagements?

    My team and I usually participate as speakers in different webinars, conferences, or university classes covering a broad range of topics such as biologics and biosimilars regulations in Argentina, regulatory framework for medicines and devices and possible business models for landing operations, key developments of cannabis laws in Argentina, digital and electronic prescriptions, and the novel front-of-package regulatory framework applicable to foods and beverages. Our main goal is to explain the Argentinian legal framework with a pragmatic approach, where laws and regulations are considered jointly with current practices in the industry, case law precedents, and considerations about where the health authority may be focused at that time.

    Could you share your involvement and role in professional organizations such as the International Bar Association (IBA), Lex Mundi, AmCham, and the Buenos Aires Bar Association?

    As a member of the IBA Life Sciences and Healthcare Practice Group, I actively participate in it for updating contents and assisting to our global meetings, inviting new pharma colleagues to join us from around the world, and expanding our network, which provides a great opportunity for interaction between peers and clients to debate pressing issues in the industry. 

    I am an active member of the AmCham’s Health Group in Argentina, which is one of the main platforms in which the private health sector holds meetings to debate about their main public/private interests and make proposals to be debated or analyzed with individuals or entities of the public sector.  

    I am also involved in other very relevant professional organizations, such as the Food Lawyer Network, the American Bar Association, Latinos in BIO, plus support to programs such as the one conducted by Seton School of Law for the Latin American Healthcare and Life Sciences program.

    Among your recent conference attendances, which one stands out to you the most and why?

    The conference that stood out the most recently was IBA’s Life Sciences & Healthcare annual global meeting last June in Washington DC, followed by BIO International Convention the next week in Boston, US. At several panels featuring industry speakers and other legal experts during dynamic roundtable sessions we discussed key developments in the life sciences and healthcare industry. These conferences provide an excellent opportunity to network with different peers and industry experts. 

    With your expertise in the field, what are some current trends or emerging challenges in the life sciences and healthcare sectors that companies should be aware of? 

    One of the hot topics in Argentina today is the digitization of the healthcare system. Recently, Argentina’s Ministry of Health created a unified digital medical record system that, when applied, is expected to significantly improve the accessibility, accuracy, and efficiency of patient information. It will allow healthcare providers to securely store and retrieve patient data, track medical records, access diagnostic results, and facilitate the exchange of information between different health facilities. The Ministry of Health also stipulated that authorized healthcare professionals can issue electronic or digital prescriptions and treat patients through telemedicine platforms. This is a major step forward, as patients can now access healthcare services without leaving their homes, which is very beneficial in a country like Argentina, that has many rural or remote areas. This shows a tendency to look for new technological solutions to structural problems in the healthcare system.

    Another emerging trend is the use of cannabis to develop medicines and foods with potential therapeutic effects. For many years, this was a controversial component, but as medicine evolved, more companies have ventured into the cannabis world to discover its many uses in the treatment of diseases. As research advances and public attitudes change, laws and regulations may adapt to reflect new scientific evidence and public demands. As a result, stakeholders in the pharmaceutical and food industries must stay informed of specific regulatory requirements and developments in their respective jurisdictions, to ensure compliance and safety when dealing with cannabis-based products.

    Lastly, what advice would you give to fresh graduates who are interested in pursuing a career in law, particularly in the field of life sciences and healthcare?

    Alongside academic learning, practical experience is invaluable. I would encourage them to seek out internships or work opportunities, especially with law firms or in government agencies, or in organizations that specialize in the life sciences and healthcare sector. This experience will allow them to apply their legal knowledge to real-world situations, develop practical skills, and gain important insights into the industry.

    In the ever-evolving field of life sciences and healthcare law, it is critical to keep up with industry developments, legislative changes, and significant court rulings. Subscribing to relevant publications; attending conferences, seminars, and webinars; and joining professional associations or networks on healthcare and life sciences are some of the best ways to keep up with recent developments. 

    It is also helpful to develop a broad skill set and understanding of related areas, such as corporate law or intellectual property. This will enhance their expertise and ensure that they can provide a multidisciplinary approach when assessing a client. 

    Finally, I would tell them to not underestimate the power of genuine interest and passion. Life sciences and healthcare law can be complex and challenging: it requires a deep understanding of scientific and medical concepts. Stay curious, continue learning, and adapt to new developments. By demonstrating your commitment to clients’ needs, you’ll contribute to a fulfilling and successful career.

    Get in touch with Martín Mosteirin-

  • Ayan De of Volterra fietta on treaty arbitrations, rigours of commercial Litigation and a non-NLU background putting you behind the race but not out of it

    Ayan De of Volterra fietta on treaty arbitrations, rigours of commercial Litigation and a non-NLU background putting you behind the race but not out of it

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Please share with us your journey into the field of law and how you ended up specializing in Commercial Litigation and Dispute Resolution?

    It’s quite interesting that I never wanted to study law in the first place! Not having studied science during my 11-12th standards (mostly because I was despicable at it!) made options very limited even more so for someone like me who belongs from a family of doctors. I was always interested in fine arts and thus intended to study history and literature. I got through the iconic Presidency College for History (Hons) , however it was my father’s insistence, despite being a doctor himself, that I should “strongly” consider law as an option. My reluctance, of course, cost me from getting through the NLU’s  (National Law Universities) and I ended up studying from a Non-NLU (or as we call it a traditional university, which also happened to be one of the oldest in the State). Much to my surprise law school was an excellent learning curve, mostly owing to some brilliant lecturers who spurred me on (it would be an absolute travesty not to mention three of them: Dr S K Chakrabarti, Mr Navin Sinha and Mr B Sarkar, with whom I must have lost in touch much to my own failures). 

    Being from Non-NLU comes with its set disadvantages, one of them was, being cloistered from national or global corporate exposure. I had one singular aim in mind, I wanted to go to court, be there, plead, argue, watch, learn and practice. I kept my mind open as to where the profession might take me without pre-empting myself from dedicating myself to a particular area of law early on. This led me to my first senior Mr Paritosh Sinha of Sinha and Co. He pushed me to the original side of the great Calcutta High Court wherein I was entrusted to handle varied types of commercial matters which also included arbitrations/mediations. He trusted a greenhorn to do matters, fail, make mistakes and get up again. Slowly, what started as an innocent attempt to learn about commercial law became a serious endeavour. I was naturally drawn to commercial litigation. The thrill of being in court, the palpable tension, the adrenaline rush to assist a senior counsel arguing for hours on an interlocutory matter or in conducting a trial felt like a second skin. What contributed more was the great privilege of assisting some of the best senior barristers and counsels from the Calcutta Bar from whom I could learn (Mr Anindya Kr Mitra, The late Mr Pratap Chatterjee, Mr S.N. Mookherjee. Advocate General W.B, Mr S.N. Mitra, Mr Abhrajit Mitra, Mr Jayanta Kr Mitra, Mr Kishore Datta, Mr Anirban Ray, Mr Ratnanko Banerjee, to name a few). What was equally contributory was working with some of the best junior counsels I have encountered in my professional life. Some of them are my contemporaries yet undeniably from whom I have learned every day since last decade! (Mr Chayan Gupta, Mr Soumabho Ghose, Mr Sarvapriya Mukherjee, Mr Shaunak Mitra and Mr Pranit Bag warrant a huge mention).  The more I did matters, the more I developed and a turn of fate (and a bit of hard work I would presume!) landed me with one of the oldest and biggest law firms in India, Fox and Mandal (F&M). At F&M, my skill set was tested, enhanced and tried at all levels. Under the expert guidance of Mr. Debanjan Mandal, Partner (who in my small experience is possibly one of the sharpest legal minds in India) and Mr Sandip Dasgupta, Partner, I not only learned so much about the art of solicitorship and advocacy but was continually entrusted with commercial litigation of all sorts and dispute resolution on a national and international level. By the time I realised, I had already spent a decade in the profession and I cannot imagine doing anything else! 

    With your extensive experience in Commercial Litigation, Dispute Resolution, and representing clients from both private and public sectors, could you highlight some of the most challenging and interesting cases you’ve handled?

    There are far too many for this limited space and time! And for understandable confidential reasons, I cannot name them in detail. However, my first big matter, which grabbed a few eyeballs owing to its uniqueness, remains special. It involved a partnership business for an online gaming platform. One single matter made my foray into partnership law, derivative action under company law, and intellectual property rights – not only before the High Court but also before WIPO and the law of criminal defamation. Cases were filed, actions, reactions, counter actions and retaliations were done which pushed me to the limit- sleepless nights, countless conferences with senior barristers, days of research into points of law and arguments for hours before the court. Another, I remember distinctly wherein we were representing a major state-owned enterprise faced with an invocation of a Rs 400+ crore bank guarantee. The case apart from presenting its challenge owing to technicalities of the mining operation in question was also beleaguered by the law revolving around the invocation of bank guarantee- which as many would know is very strict. We had anticipated that we might not succeed before the Single Judge and had prepared an appeal even before the original case was filed by us! On the day, as expected we didn’t draw first blood before the single judge and a whole domino effect took place thereafter. The judgment was delivered post lunch around 2 p.m. Going by the contingency plan we immediately obtained leave to appeal without the copy of the judgement from the Chief Justices Court around 2.30 pm and pleaded the urgency to list the matter around 3.30 pm. Once listed, preliminary arguments took place and we were successful in obtaining a stay of the appeal, pending final adjudication on the same day itself around 4.30 pm! saving the state and the state enterprise from being plunged into ‘darkness’! What was not only high profile but also fraught with trepidation, now (as I look back turning time- not in a H.G. Wells manner, though!) was a full day of thrilling legal drama, which in hindsight has taught me much about holding onto nerves in the field of commercial litigation. 

    Your career has taken you through various practice areas, from Criminal Laws to Intellectual Property Laws and Company Law. How do you manage to excel in such diverse areas of law?

    To be candid, one cannot excel in ALL spheres. However, what one can do is put his/her best foot forward, utilize the knowledge gained, and the skill set acquired and “try” to win. What is important is not just excelling but being involved and genuinely committed to the work being done and endeavouring to get the best results/outcomes in the given circumstances. Yes, being interested, inclined and involved in full steam is the stepping stone to excelling but for me, the trick is not excelling or knowing about everything but knowing everything about certain things. In that way, my belief is, the quality of work is much more refined and superior AND that is what will separate one from others. 

    Before pursuing your master’s degree, you worked as a Senior Associate at a renowned law firm in India. How did your experiences there shape your career and influence your decision to further your studies?

    Working as a SA that too in a top law firm comes with a set of challenges. It will push and test you mentally, psychologically and most importantly intellectually. I believe working at such a high level with not just a myriad of matters to handle at a given time but also continually learning from senior counsels/barristers develops and refines one understanding of the law, its working and its granular nuances. During my time I was at a given time exposed to arbitrations, commercial litigations, drafting, research, pleading, strategic decision-making, and judgement calls- a whole universe of disputes and whatever comes with the territory.  Every experience no matter how small or big the matter made a mark in the way I would think, perceive, react or even respond to situations. It made me more alert, aware and intellectually open. Quite plainly, it prepared the breeding ground for being “ready” to take on the challenge that is presented by studying at an international level. After a point, I thought that it was time to take the plunge. 

    What motivated you to pursue your master’s degree in International Business Law with a focus on International Commercial Arbitration and Investment Arbitration?

    Turn of fate is rather a cheeky first instinctive answer to this! On a serious note though, My academic journey has been a roller-coaster ride. In 2016, I was selected for pursuing my master’s at the National University of Singapore (NUS). Unfortunately, I could not take up the offer owing to personal issues. Thereafter, I never thought of pursuing my master’s and had some of the most brilliant working years of my life. In 2020, like many, Covid gave me time to retrospect and introspect. The deep-rooted urge to pursue my master’s degree, which I thought had been quelled over the years, egged me on. I applied once again, not to NUS anymore, but only to three colleges in London (I got through two, KCL being one of them). I was certain that I wanted to study in London and one of the three colleges owing to the subjects on offer and world-class faculty. What started as a perfunctory attempt ultimately led to the doors of King’s College, London. Since my background and skillset have always been in commercial law and dispute resolution, specializing in that area was a natural choice. The strategy was to play to my strengths, which I did. The underlying objective or motivation was simple: gain a finer understanding and international exposure to the concerned area of law.

    Could you share some of the key lessons or experiences from your time studying at King’s College, London, and being taught by leading barristers in the field of dispute resolution?

    The experience of studying in such an iconic college is overwhelming not just in terms of the intellectual challenges that it encompasses but also the pressure to survive and perform in a batch with such diversity. Colleges like KCL always boast of an extremely diverse cohort wherein one is competing against some of the brilliant minds across the globe. During my time in England, I have been fortunate to have been taught by some of the leading barristers of not just England but of the world. Some of them include Samuel Wordsworth KC, Lucas Bastin KC, Dr. and Paul Key KC all of whom I proudly call my professors and continue to have good relationships with them. King’s College London has always, historically, been associated with leading practitioners who regularly teach. The current heavy-weight names include Samuel Wordsworth KC, Lucas Bastin KC, Dr Paul Key KC, Phillipa Webb, Julian Bailey, Jason Fry KC and Lord Guglielmo Verdirame KC. Past names include the legendary Late VV Veeder (aka Johnny Veeder), the Late Prof. Martin Hunter (of Redfern and Hunter fame), and Toby Landau KC (who has now shifted his practice to Singapore). One of the major takeaways is that the teaching methodology, the emphasis on critical thinking and the diverse views of other students compel one to engage, think, introspect, present and importantly be flexible to differing perspectives and ideas. It prepares you for critical challenges that the profession will throw at you. It goes without saying that access and interaction with the best minds, apart from being a rare opportunity, also is a tremendous learning curve. 

    Working with a public international law firm like Volterra Fietta must have provided unique challenges and opportunities. Could you share some of your experiences in representing states and investors in investor-state disputes?

    My aim to develop in the area of investment arbitration and public international law (I had a fair amount of experience in commercial arbitrations back in India) led me to work with the renowned public international law firm, Volterra Fietta (VF). VF’s uniqueness lies in being one of the rare firms currently on the planet to exclusively specialize in various aspects of public international law be it before the ICJ or investment arbitration tribunals or the English courts. It is not every day that a ICJ case or an investment arbitration comes about but if it does one needs a firm like VF to tackle the nuances of public international law (which by the way very few can!), apprehend critical hard facts, forensically strategize and advocate the case to bring about the best results. Naturally, being with VF’s investment arbitration practice team has allowed me to gain substantial experience in advisory and highly contentious work, representing both state and investors, in connection to the interpretation of treaties and broader public international law aspects. I have the good fortune of being involved (along with others in the firm) in important matters relating to climate change before the ICJ as VF is mandated to represent one of the Caribbean countries, a multi-million dollar development construction investment arbitration disputes under ICISD for one of the small island states and also a multi-billion dollar investment arbitration against France, under the aegis of PCA, relating to gold mining concessions, to name a few.  The experience has thus been very varied and testing. When working at such an international level, the stakes are always high, there is hardly any room for error. One must be on their toes, being rigorously meticulous. The test of strict timelines fixed by the court /tribunal, the precision of pleadings, the presentation of facts, the research of law, long hours (not even remembering which day it is, at times!), the advocacy before an international tribunal (which, more often than not, would consist of some of the biggest names in public international law) handling high profile client representatives are some of the challenges. One wrong step can fatally affect the case and the client. One will falter at times as to err is human, but it is equally fulfilling to learn from specialist practitioners, at the top of their form, how one can tackle these challenges every day. Hence much is credited to the inimitable Robert Volterra, Founding Partner, Mr Gunjan Sharma, Partner and Ms Angela Ha, Counsel. 

    Balancing your professional career as a lawyer with your passion for writing fiction and photography sounds intriguing. How do you find time to nurture your artistic pursuits alongside your legal practice?

    Quite frankly, I don’t always get time as being a disputes lawyer can flush out life! However, I try my best to read, travel, capture moments and put them down into words for my own sanity. I must, of course, admit I  am not a prolific writer! I am a reader more than a writer. It was, again, pure luck that one of my short stories got published (God knows how that happened but I will take it!). Understandably and bitterly right, my photography has yielded lesser results of such nature! (now, in this case, god knows why that has been so!).

    Notwithstanding the dry sarcastic humour, I believe one must always find time to engage or indulge in activities outside the profession and hold them dear to the heart. For me, it is photography, reading and writing (at times!). Indeed, work pressure will always be persistent, on the flip side what is equally true is that its intensity will vary. It is in those golden bouts of intermittent sanity that one must disengage from the legal world. On a lighter vein though, maybe, I try to compensate or overcompensate for the regret of not being able to study literature and history! 

    What advice would you give to fresh law graduates who are aspiring to build a successful career in Commercial Litigation and Dispute Resolution, especially those who come from non-NLU backgrounds like yours?

    One thing to be clear at the outset, is that the profession is tough. No matter which branch of law one practices, it is a rigorous profession. It becomes cruelly painstaking when one ventures and tries to eke out a living from commercial litigation and dispute resolution. As I said, being from a non-NLU background can have its challenges at the initial stages but it cannot define one’s work. It cannot define you, therefore NEVER let it. At best a non-NLU background will put you behind the race but it cannot put you out of the race. Whoever is out there from a non-NLU, do not let your background define your work. A sense of single-mindedness is required to build a career in disputes and this is what I call the “3-D” effect: Discipline, diligence and determination. There cannot be any substitute for this. There never has been and never will be. Therefore, one should concentrate on building up and creating good quality and body of work. The opportunities or recognition comes from the work one delivers and not from a person’s background. One must be patient and ready to persevere, burn the midnight oil, and suffer the frustration of less or no work and money in the initial stages. It is often said ‘love what you do and do what you love’. This might sound easier said than done but in my experience, this is the way one can work towards whatever one wants to achieve.  Importantly, you cannot stop believing in the work that you are doing- this is irrespective of where you come from and whatever work one is doing. The day you stop believing in the work, it will be the end of that area of practice. As Denzel Washington said in his NAACP image awards ceremony speech, “Keep working, keep striving, never give up. Fall down seven times and get up on the eight”. 

    Q10. Lastly, what do you envision for your future in the field of international dispute resolution and commercial litigation? Are there any specific goals or areas you would like to explore further?
    I have always been a dispute lawyer and will continue to be so. I have realised that there is so much out there on a global scale to learn not just about commercial arbitration but litigation and importantly about treaty arbitrations. My interest in dispute resolution more specifically in investment arbitration (aka treaty arbitrations) which happens to be an offshoot of public international law is much credited to Samuel Wordsworth KC (whom we fondly call “SAM”) and Lucas Bastin KC as they tapped into the brain and exposed me to the rich yet complex and beautiful word of treaty arbitrations and in turn to the universe of public international law. This has been further accentuated by my work with VF. I may not be new to the world of commercial litigation or commercial arbitration but fairly green to the universe of public international law and treaty arbitrations. People who have tasted its cypher have been sucked into this fascinating field like quicksand only to be consumed in the whirlwind of its finer nuances. I shall continue to work, explore and develop in the field. As I would say, you can take the lawyer out of disputes but never the disputes out of the lawyer! Hence, ideally, I will always strive to maintain a balance of disputes work with commercial litigation to the plausible extent it can be and look forward to working and learning from the best legal minds ploughing the planet currently. 

    Get in touch with Ayan De-

  • I believe that legal compliance and tax efficiency are not mutually exclusive, but rather complementary aspects of deal structuring- Prateek Goyal, Partner (Taxation) at MVKini

    I believe that legal compliance and tax efficiency are not mutually exclusive, but rather complementary aspects of deal structuring- Prateek Goyal, Partner (Taxation) at MVKini

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us about your educational background and how you ended up pursuing law after completing your CA and BCom degrees?

    I have always been interested in law and used to look up to my seniors/mentors in the family circle who are in this field. As I was pursuing CA, I simultaneously started my law course post my graduation. I believe that my educational background has given me a unique perspective and a competitive edge in the legal field.

    You have an impressive range of experience in various sectors, from Fintech to Energy and Infrastructure. What drew you to work in such diverse industries in the field of taxation?

    I have always been interested in taxation as a way of understanding how different sectors of the economy operate and interact. I enjoy learning about the specific challenges and opportunities that each industry faces, and how tax policies can affect them. These are dynamic and innovative sectors that have a significant impact on changing the way economy functions and society. I mean we can see the kind of fintech’s getting registered in GIFT City (IFSC) and huge impact that they have in breaking stereotypes, changing the way people understand personal financing or personal investing. It is fast capturing the huge market potential and I think would continue doing that for the time to come.

    You’ve handled M&A transactions and tax due diligence for several clients. Could you share a memorable experience where your tax expertise played a critical role in the success of a deal?

    It was the most challenging and a steep learning curve of my career when we helped a client acquire a company that had significant tax liabilities. Client wanted to buy the company, but they did not want to inherit the tax problems.

    We conducted a thorough tax due diligence on target and identified main areas of exposure and potential solutions. We also assisted in obtaining a clearance certificate that would protect the client from any future claims. We also advised on optimal tax structuring alternatives for the acquisition, taking into account the tax implications thereof.

    As a result of our months of hard work, client was able to close the deal with confidence, and saved millions in taxes and penalties. I was very proud of my contribution to this deal, and I received positive feedback from my partners.

    I also cherish receiving a commendation from our partner for conducting an internal training on new joinees  on several aspects of M&A.

    As a Partner at MVKINI Law Firm, you lead the tax department and manage a team of lawyers and CA’s across multiple offices. How do you ensure effective collaboration and coordination among team members?

    It is challenging when team is spread across multiple offices and has different areas of expertise. I try to set clear goals and role profiles of team members, setting the priorities right and most importantly leveraging technology tools, such as video conferencing and cloud platforms, to facilitate effective communication and real time collaboration among team members. It is also important to continuously develop their skill sets through regular trainings particularly in our dynamic and evolving field of taxation.

    During your time at Ernst & Young, you worked on advising prospective resolution applicants on acquisitions under the IBC regime. What were some of the most challenging aspects of dealing with distressed undertakings in terms of taxation?

    One of the most challenging aspects of dealing with distressed undertakings in terms of taxation was the uncertainty and complexity of the tax implications arising from the resolution process. For instance, we had to assess the tax impact of various structures to implement target acquisition, such as debt restructuring, asset sale, merger or demerger etc. We also had to consider the tax implications of any write-off or waiver of debt, as well as the tax treatment of any losses or unabsorbed depreciation carried forward by the corporate debtor. Furthermore, we had to keep abreast of the evolving regulatory and judicial developments in this area, as there were many unresolved issues and conflicting interpretations regarding the taxation of distressed undertakings under the IBC regime.

    From your experience in handling tax litigation and representation before various authorities, what are some key strategies you employ to achieve favorable outcomes for your clients?

    It is already well emphasized and there are no two views about it. What is of paramount importance is thoroughly digging and understanding facts of the case. It is also an art to get complete set of facts out from a client and once a lawyer is aware of facts, I would say half the battle is won. Certainly researching and preparing legal arguments and presenting effectively is other part of the coin.

    I also prepare clear and persuasive arguments and evidence to support my client’s position and challenge the opposing party’s claims. Also, I believe litigation is not all about fighting only for the sake of it. What I have learnt from my seniors is to not force clients into prolonged litigation and wherever possible seek to resolve the dispute through negotiation or settlement.

    You’ve also been involved in assisting FPI clients with Indian tax compliances. Can you share some insights into the specific challenges and considerations that foreign investors face while navigating the Indian tax landscape?

    One of the main aspects of my work was to help FPIs comply with the Indian tax laws and regulations be it advisory, compliances or litigation. Some of the challenges and considerations that FPIs face while investing in India are:

    – The classification of FPIs into different categories given their unique structures in their home jurisdiction and navigating the same into Indian jurisprudence based on tax treaties

    – The withholding tax obligations on various types of income, such as dividends, interest, capital gains, and royalties, and the availability of tax treaties and lower rates for certain jurisdictions.

    – The reporting and documentation requirements for FPIs, such as filing of tax returns, furnishing of certificates, and maintaining of books of accounts and records. I witnessed how EY was a flagbearer in implementing automated processes for doing these tasks and the amount of effort and investment that went into doing so.

    – The risk of tax audits, assessments, and disputes by the Indian tax authorities, and the options for resolution and appeal.

    With a substantial background in IBC litigation and commercial arbitration, what advice would you give to businesses or individuals who may find themselves in insolvency situations?

    Insolvency situations are complex and challenging for any business or individual, and they require careful planning and professional guidance. My advice would be to seek legal assistance as soon as possible, and to explore all the available options for resolving the insolvency, such as restructuring, settlement, liquidation, or bankruptcy. I would also advise them to cooperate with the creditors and the insolvency resolution professionals, and to comply with the relevant laws and regulations. Additionally, I would suggest them to consider the benefits of alternative dispute resolution methods, such as arbitration or mediation, which can help them avoid lengthy and costly litigation, and achieve a more satisfactory and amicable outcome.

    Having worked in both corporate law and tax advisory roles, how do you strike a balance between legal compliance and tax efficiency when structuring deals for clients?

    As a legal and tax advisor, I always aim to provide solutions that are both compliant with the relevant laws and regulations and efficient in terms of tax implications for the clients. I believe that legal compliance and tax efficiency are not mutually exclusive, but rather complementary aspects of deal structuring. To achieve this balance, I follow a few principles:

    – First, I always start with a thorough analysis of the client’s objectives, needs and preferences, as well as the specific facts and circumstances of the deal. This helps me to understand the scope and complexity of the issues involved and to identify the potential risks and opportunities.

    – Second, I research and evaluate the applicable legal and tax frameworks, both domestic and international, that govern the deal. I also keep abreast of the latest developments and trends in the relevant fields, such as new legislation, case law, guidance and best practices.

    – Third, I design and propose solutions that are tailored to the client’s situation and goals, taking into account the legal and tax implications of each option. I also communicate clearly and effectively with the client, explaining the pros and cons of each solution, as well as the assumptions, limitations and caveats involved.

    – Fourth, I collaborate and coordinate with other professionals, such as lawyers, accountants, bankers and consultants, who may have different perspectives and expertise on the deal.

    – Fifth, I monitor and review the implementation and execution of the deal and provide ongoing support and advice to the client, in case of any changes or issues that may arise after the deal is closed.

    Throughout your career, you’ve worked with clients from various sectors and industries. How do you stay updated with the ever-changing tax laws and regulations to provide the best possible advice to your clients?

    That’s a great question but I am afraid my answer not any different. It is 3R’s – READ, READ and READ

    I think it’s very important to keep up with the latest tax rules and trends, especially in this dynamic and complex environment. You need to subscribe to knowledge databases, newsletters and podcasts from reputable sources that cover tax news and analysis, follow some influential tax experts on social media and blogs, attend regular webinars and workshops that offer updates and insights on various tax topics and issues. What is also understated is consulting with fellow colleagues or mentors if you have any doubts or questions who are always welcoming and provide different perspectives which you might have just not thought about. In fact, I also sometime try to find time to share my knowledge with extended family on LinkedIn by sharing my analysis on latest tax controversies and new legislations.

    As someone who has achieved considerable success in your field, what advice would you like to give to fresh law graduates who are just starting their careers in the legal profession, especially those interested in taxation?

    Don’t stop asking questions and learning new stuff. Tax law is tricky and always changing, so you gotta keep your curiosity and your brain sharp. Look for ways to learn more, like taking courses, going to events, and reading a lot. Get your hands dirty, try to get as much real-world experience as you can, through internships, jobs, or whatever. This will help you improve your skills and meet people who can help you out.

    Money should be secondary as your career just starts and I strongly discourage  this tendency nowadays to switch jobs in name of ‘climbing the ladder’ or taking a ‘steep curve’.

    A good mentor can help you navigate the tough times (which very often comes in this field), so find one and discuss whenever in doubt. Also, I do believe, everyone has their own set of challenges and pace, so relax and avoid self-comparing tendencies. There is this poem which was introduced to me by our CA-IDT class professor, Mr Ajay Jain – DON’T QUIT

    “When things go wrong, as they sometimes will,

    When the road you’re trudging seems all uphill,

    When the funds are low and the debts are high,

    And you want to smile, but you have to sigh,

    When care is pressing you down a bit,

    Rest, if you must, but don’t you quit.”

    (Read on, if you must..)

    Get in touch with Prateek Goyal-