Super Lawyer

Category: Law Firm

  • Professional growth comes each day with experience and time spent on matters- Orijit Chatterjee, Partner at Fox Mandal & Associates

    Professional growth comes each day with experience and time spent on matters- Orijit Chatterjee, Partner at Fox Mandal & Associates

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

    Could you please tell us how you ended up pursuing a career in law? Was it something you always aspired to do, or did you discover your interest in the field later on?

    Initially I was very interested and curious about matters relating to science. I passed out of school with the aptitude of pursuing science and research. Long story short, after graduating with a BSc(Hons) Degree I happened to visit law firms with my father for a few of his professional matters. The intrigue of a law firm and the challenge of each assignment attracted me towards the legal profession and I decided to pursue a career in law.

    Were there any specific events, experiences, or individuals that played a significant role in shaping your decision to pursue law as a career?

    The decision to pursue law as a career was in particular largely influenced by my Late father, Bireswar Chatterjee and my father figure Late Dinabandhu Mandal, who was the Senior most partner at Fox & Mandal. While my father was always confident that the legal profession was to be my destiny, Late Dinabandhu Mandal came across in my life as a Godman and unparalleled goliath who I was in awe of since the very first day. A larger than life figure who was respected by all around. Once embraced by him into the legal profession I could only be on the path he showed. 

    Could you share with us your educational journey and the steps you took to become a lawyer? What were some of the challenges you faced during this process?

    My educational journey started with Lamartiniere, Kolkata. I was always keen to be on the sports field and tried by hand and foot at Cricket, Football, Hockey and Athletics. This was the most important part of learning at Lamartiniere. I learnt to live life, enjoy, struggle, fight, compete, laugh, cry and make friends through extra curriculars in this institution. Studying was the next part. I completed my class 12 with an ISC degree and went on to complete my graduation with Bsc (Hons) from Scottish Church College. Lamartiniere however always stayed in my soul and continues till date. After graduating I met my Godman, Late Dinabandhu Mandal on a career defining day and decided to pursue legal studies from Hooghly Mohsin College which was offering a 3 year law course to graduates. So much was the passion then, I decided to join Fox & Mandal in my first year of law itself as a half day intern and used to slowly learn the practical application of law and study case files under the guidance of Seniors in the firm and the magnanimous shadow of Late Dinabandhu Mandal. Though Late Dinabandhu Mandal is no more, there will be no one quite like him in the firm and the legal fraternity for a very long time. The challenge was to make a mark in this legal arena which had very little room for first generation novices. I was also told by a few during those days as to why I was here in this legal profession at all and that I should move towards other pastures or perish. It was demotivating and depressing on occasions but I survived.

    What were your early experiences like as a law professional? Could you highlight some key milestones or memorable moments that helped shape your career trajectory?

    Just like any lawyer during the early 2000s trying to make a mark in Kolkata I started as a Junior assisting Mr. Shuva Mandal (currently the Managing Partner of Fox Mandal & Associates) in civil and commercial litigation cases. I always had an affinity towards company law related matters and got the opportunity of watching stalwarts such as P.C. Sen and B.K. Bachawat (to name a few) prepare and argue for matters. As time went on I found an interest in transaction documents and started honing my skills at drafting transactional documents. The most memorable assignments which I worked during those days were an infringement action against the makers of the T.V. Series “Karishma” and by first Admiralty Matter relating to the arrest of a vessel named “M.V. Stella Th”. An assignment involving setting up of the “Kolkata West International City” project also was extremely challenging and memorable. After an initial year or so with Mr. Shuva Mandal I worked with Mr. Kaushik Mandal and thereafter with Mr. Shourya Mandal (currently Co-Managing Partner of Fox Mandal & Associates). Mr. Shourya Mandal reposed utmost trust and faith in my abilities and provided the support and encouragement to achieve where I stand today. His contribution and guidance is a continuing process till date. 

    It would be incomplete if I did not mention the knowledge I acquired from two Senior Counsels of Calcutta High Court, Late Pratap Chatterjee and Mr. Ranjan Bachawat in course of the innumerable matters I had the good fortune to work with. They always took the effort to explain, reach and reprimand me. I thank them for the affection and time they contributed through their busy schedules in shaping my growth. Though Late Pratap Chatterjee is no more, all like me who happened to have the good fortune of working with him shall miss his presence for the rest of our lives.

    What drives your passion for the field of law? What aspects of the profession do you find most fulfilling?

    The passion for law is the biggest mystery for most lawyers which cannot be deciphered and /or reasoned. Maybe it is the uncertainty of things and outcome which attracts. It is a relentless drive forward to learn, practise and achieve greater milestones each day. Even the sky probably would not be the limit of this drive. The most fulfilling aspect of the profession is the scope to be innovative on the application of law and strategy. There is nothing sweeter and satisfying than the closure of a hard worked on transaction or a toughly fought and contested litigation ending in your client’s favour. The comradery and respect among colleagues, juniors and seniors is also overwhelming. Being a part of the vast legal community has always been like being part of a mammoth family which in a very unique way assures you that you belong here and that there is scope to learn and improve every day. 

    What are your primary practice areas within the field of law? Could you briefly explain what each area entails and why you chose to specialize in those particular areas?

    The primary practice areas are Corporate Law and related dispute resolution including Arbitration. Civil Commercial Litigation and Insolvency. Company Law was a subject and continues to be a subject which I have always been attracted to. The flow of events from the shaping of a transaction / deal to the situation where occasionally parties to a transaction, in course of time, fall apart for various unprecedented reasons leading to a situation of dispute resolution or litigation require parties to avail legal services. I would simply say that I find myself most comfortable and can express myself best in these situations and hence specialization to me in these verticals came quite naturally.

    Throughout your career, what are some of the most valuable lessons you’ve learned as a lawyer? Are there any specific cases or experiences that had a profound impact on your professional growth?

    The legal profession is definitely a marathon which spares no one. It takes a “lambi race ka ghora” to make the most of what this profession offers and succeed here.  The important lessons learnt are to respect colleagues and seniors, be patient, value time and the importance to develop a disciplined and methodical work approach. It is also essential to learn and improve from your experiences each day. Professional growth comes each day with experience and time spent on matters. However, there have been a few cases involving personalities and complex situations which have made a difference. In recent times the resolution of Rohit FerroTech Limited by Tata Steel under the Insolvency and Bankruptcy Code was an assignment which was satisfying. Another recent matter involving resolution of disputes between promoters of Switz Foods and other shareholders was nice experience.

    What advice would you give to individuals who are considering a career in law? Are there any misconceptions about the profession that you would like to address?

    A career in law is to be chosen out of passion and the will to be a part of the large legal fraternity. Accumulation of wealth by seeing the success of established individuals should never be the criteria, they can only be an inspiration to fuel one’s desires to succeed and become better lawyers. I believe that there are no shortcuts to long lasting success here in the legal profession and people must have the aptitude for taking the grind for the long haul. Every aspiring individual considering a career in law must have patience and the will to sacrifice their time spent on recreation, friends, relations and relatives and pursue their passion of making a place in this vast legal fraternity by devoting all his mind, heart, body and soul to this noble profession. Patience coupled with the ability to sacrifice along with the will to survive and put all that one can to the demands of the legal professional is extremely essential for making a career. 

    Lastly, what advice would you like to give to fresh graduates who are entering the legal profession? What key skills or qualities should they focus on developing, and what strategies can they employ to succeed in their early years as lawyers?

    Fresh graduates need to choose where they want to be and what they want to achieve wisely. They should in today’s times dig / see deep within themselves and decide whether they have the aptitude for practising as a legal counsel at the various courts and tribunals comprising the framework of the judiciary or should they join a law firm for practising in a vertical of their choice such as Corporate law, Real Estate, Banking & Finance, Dispute Resolution etc. Some may even opt to make a career in a Corporate House as legal assistants and become a General Counsel with time.

    As for strategies irrespective of where one is and which vertical one opts for, success comes for the ones who have the will to passionately and diligently meet the requirements and demands of their profession. The passion and will to succeed must burn under all circumstances and be backed up by disciplined and consistent hard work. The ability to work and adjust with a team, various people and going forward build a team is also extremely essential. It is also an appreciated quality and essential to be ethical in practices adopted with clients, colleagues, seniors, juniors and other people associated with the legal fraternity. 

    Get in touch with Orijit Chatterjee-

  • For me, adherence to professional ethics coupled with honesty and integrity is of prime importance- Jaydeep Mehta, Advocate on Record and Designated Partner, LexStreet Advisors LLP, Advocates & Solicitors

    For me, adherence to professional ethics coupled with honesty and integrity is of prime importance- Jaydeep Mehta, Advocate on Record and Designated Partner, LexStreet Advisors LLP, Advocates & Solicitors

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

    Can you tell us about the journey that led you to pursue a career in law and establish LexStreet Advisors LLP?

    Let me start with a quote of Nasir Ali “The journey always goes, but it is not easy. It is always wrapped up with struggles and surprises” 

    My career in law was never a choice but a chance. When you do your work with good intentions with honesty & integrity, superpower plays its role. Profession of law has always been close to my heart. When I completed law graduation way back in 1989 from one of the prestigious law colleges, K.C.Law College, Mumbai,  I wanted to join practice right from day one but did not get motivation from my family and friends. Legal profession was always close to my heart. I was forced to take up a job in a private sector organization. But in my job also, I stick to the profession of law only. All throughout my career in private sector companies also, I worked in legal departments only and that is where I got opportunities to interact with various law firms and individual lawyers in Mumbai & Gujarat. During my job, 1st time way back in 1992, I got an opportunity to interact with a Senior Partner of Manilal Kher Ambalal & Co. (now MKA), a well-known law firm during the days when Harshad Mehta scam had just exposed and the Govt had then started a Special Court for tainted securities. I got an opportunity to coordinate with MKA in those days when I was employed with one of the companies of Kirloskar Group.

    After spending almost 20 years in various organizations, finally I straight away jumped into practice. Initially I started on my own and later in 2014, along with my old friends in the legal profession, we incorporated Lexstreet Advisors LLP on 5th November, 2014 and since then we have never looked back and our journey as a law firm started….

    LexStreet Advisors LLP is known for its integrity and value-based proactive services. Can you share some examples of how your firm has helped clients effectively navigate the complicated legal and regulatory landscape in the country?

    We stick to our policy and vision. We have never compromised with professional ethics, honesty & integrity. Irrespective of the size of clients, whether individual, partnership firms and corporate clients, we have dedicated the same time and resources with a proactive approach. The true value of proactive approaches does not lie in their predictive abilities. The true value lies in the disciplined process. Such approaches can examine the strengths and weaknesses in systems and services being rendered by a law firm. We listen to every client’s problem and their difficulties and understand in depth what they expect from us. The situations have arisen when we had to refuse one of our corporate clients as we were preoccupied with important assignments. This has certainly given a positive and powerful message to the corporate client. The corporate client had really appreciated our approach and next time, the same client had approached us with positive thoughts and we helped them and when they needed our assistance. 

    As a full-service law firm, LexStreet offers a wide range of legal services. Could you highlight some of the key areas of expertise and specialization within your team?

    If I have to highlight key areas, I must mention Securities law, Corporate & Commercial laws, Insolvency laws, Arbitration law, employment laws, DRT & Civil litigations as well as advisory services. Nowadays new generation law firms are not keen on civil litigation but I feel there is a big vacuum as far as civil litigation is concerned. I must also mention the non-litigation area as a practice as we have been advising the private sector as well as a couple of PSUs on legal issues. 

    Today’s  young lawyers are after M&A & PE practice but I personally feel that is not the end. Law is an ocean and it’s very crucial to select areas of practice.  At the end of the day clients must be happy and satisfied with the services.  

    LexStreet has a strong network of partners, lawyers, associates, and counsels with domain expertise. How does this network contribute to the firm’s ability to provide prompt and accurate advice to clients?

    All the partners of Lexstreet are highly experienced legal professionals having wide experience in their respective domain areas of practice ranging from 18 years to 34 years. Wide experience of every partner and associate partners have certainly contributed to the growth of the firm. We are also expanding our horizons as far areas of practice are concerned. With the introduction of new statutes by the government like Data Protection laws, Artificial intelligence, our law firm is committed to induct new talents. 

    As a designated partner and advocate-on-record with extensive experience, could you share some notable achievements or cases that you have worked on throughout your career?

    I, as an individual Partner and experienced law professional, realised that knowledge sharing is a very crucial factor. Since the last 6 years I have been regularly sharing articles on LinkedIn regularly and In-house Counsels, legal managers working in various organizations have been appreciating it. Today I have crossed close to 2700 followers / connections on LinkedIn, which is a testimony of my passion for knowledge. I have also been invited to various moot court competitions being organized by various law schools including HPNLU & Narsee Monjee. This has certainly helped to get connected with many In-house Counsels who, in turn, have been assigning briefs to our law firm.

    LexStreet places high importance on maintaining professional ethics, integrity, and moral values. How do these values translate into your day-to-day operations and interactions with clients?

    Well, let me say very honestly that today, the legal industry has turned into a big industry rather than a noble profession. However, doing business and revenue generation is one side of the profession and following professional ethics and moral values is another side of this noble profession. For me, adherence to professional ethics coupled with honesty and integrity is of prime importance, which in-turn have certainly helped us to retain our valuable clients which include large domestic as well as non-domestic companies. Business and ethics go hand in hand, if one does not follow them, they are finding it difficult to survive in today’s competitive market. 

    In the rapidly evolving legal landscape, what skills and qualities do you believe are crucial for young lawyers to develop in order to succeed in their careers?

    In today’s highly competitive market, the crucial factor is retaining existing clients and at the same time attracting new clients. I would advise young lawyers to remain very humble, diligent in his / her work is very important and more important is to maintain humility is a core value of this noble profession. For the first time, When I met one of our family friends, a retired High Court Judge for his guidance before starting my practice, he just told me, once you take up an assignment of any client, small or big, do it wholeheartedly, irrespective of any fee you get. I have kept these words in my mind.

    As a leader in the legal industry, what are some of the emerging trends or challenges that you see on the horizon, and how is LexStreet adapting to stay ahead?

    For law firms, the experience of navigating COVID-19 has accelerated the pace of change and will continue to significantly impact operations, organisational culture, and the way lawyers work. The trends that were underway before the pandemic struck to continue challenging and transforming the industry at an accelerated pace. These include client empowerment, technology adoption, law firm consolidations, new players entering the legal services sector, and value-based pricing. We are committed to adapt to the changing technology in the era of upcoming AI.

    For fresh graduates who are considering a career in law, what advice would you give them based on your own experiences and insights?Let me tell young lawyers that there is no short cut to success. Patience and perseverance will bring desired results. I would advise every young lawyer not to adopt any shortcuts to achieve success. They must be humble and respect this noble profession. Increasingly, customers expect lawyers  to demonstrate extreme trust — that is, to proactively watch out for their customer’s interests. My school batchmate, who is now a Judge in the apex court, always says that there is something like a rule of Law.

    Get in touch with Jaydeep Mehta-

  • Today businesses have become more international than ever, and multijurisdictional experience undoubtedly adds to your credibility- Nitin Kala, Co-founding Partner, RegLaw Chambers

    Today businesses have become more international than ever, and multijurisdictional experience undoubtedly adds to your credibility- Nitin Kala, Co-founding Partner, RegLaw Chambers

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

    Can you tell us about your journey into the field of law? How did you decide to pursue a career in this field?

    I am a lawyer by default. For me law was an unlikely choice. As a child I was fascinated with planes and so dreamt of pursuing a career in flying but later, since I didn’t have best of the eyesight which is quintessential for being a pilot (particularly Airforce pilot), I harbored interest in doing MBA and eventually taking up c-suite job with an MNC.  Gladly, the universe had other plans for me.    

    Soon after I graduated from Campus Law Centre in 2004, I briefly worked on the original side before trial courts and the High Court of Delhi. In 2006 I went to King’s College London for LLM. During my LLM I secured an opportunity to intern with the British Institute of International and Comparative Law, London, which is one of the leading independent research centers for international and comparative law in the world. It was only during my studies in the UK that I developed interest in law. 

    After coming back from London in September 2007, I worked briefly with Singhania & Partners. Thereafter, the same year I joined Fox Mandal Little. Here I was part of the disputes team doing general litigation and arbitration matters and worked till 2010.  

    In June 2010, I joined J. Sagar & Associates (JSA) in New Delhi, where I worked for almost 7 years. At JSA I was part of the regulatory & policy team and for the first time got introduced to the diverse infrastructure sectors such as energy, telecom, cable & broadcasting, aviation etc.

    I left JSA in December 2016 to head the legal & regulatory function for Media.Net Advertising FZ-LLC (a multibillion-dollar Ad Tech co.). It was a one-year stint as Vice President (Legal & Regulatory), based out of the company’s headquarter in Dubai, UAE, and my role involved advising the management on US, China and EU laws & regulations around the company’s business and technology and coordinating and supervising litigation matters of the company across different jurisdictions. 

    I returned to India in January 2018 to start my own firm along with my partner, who is also ex-JSA, under the name ‘RegLaw Chambers’. The firm specializes in regulatory, policy and legal matters across telecom, media & technology (TMT), cable & broadcasting, space, energy, oil & gas, aviation, environment, ports, real estate, highways and other infrastructure areas. In 2022, I was called to the Bar as Barrister in England & Wales at Gray’s Inn, London.

    What have been your key take aways from your journey as a first-generation lawyer?

    Legal profession is extremely demanding and to sustain a career in law you need to be resolute. Nothing can supplant hard work, commitment, and knowledge. Everything that is required for having a successful legal career only gets amplified for a first-generation lawyer, including the challenges. Therefore, as a first-generation lawyer one needs to have unflinching determination. In my survey the two necessary attributes that one needs as a lawyer are knowledge and articulation, both of which can be acquired with persistent hard work. 

    Could you share some insights into the nature of your work and the sectors you focus on?

    My area of practice is regulatory, disputes and general corporate commercial laws within the regulated sector of the economy, such as telecommunication, cable & broadcasting, technology, space, energy, oil & gas, aviation etc. I advise on certain highly niche areas, such as outer space, undersea cabling, IoT/M2M, privacy & data protection, investments etc. My practice is a good mix of disputes and advisory. I regularly appear before diverse regulatory fora and courts for my clients. While regulatory happens to be the core area of my work, I do take up matters on the civil and criminal side as well. 

    Since you have also worked in-house internationally, could you tell us about some of the challenges working across different jurisdictions presents?

    The fundamental challenges that multi-jurisdictional work entails are different time zones, different laws/regulations and different systems. Certainly cross border issues are generally very complex. When you are coordinating or conducting work across different jurisdictions, the foremost task is to map all applicable laws and survey precedents. Concurrently, you engage with lawyers from different jurisdiction(s) to help gauge the situation and ascertain possible outcomes and recourses available to achieve the desired outcome. All of this requires immense work since you are often working in unfamiliar jurisdictions.  

    In 2018, you started your own regulatory disputes practice under the name ‘RegLaw Chambers.’ What motivated you to establish your own firm?

    While working in the law firm I and my partner (who is also a co-founder with me in RegLaw Chambers) occasionally had chats about someday going independent. But we could not then traverse through the comfort and security of working in a big law firm. In 2016 we parted ways briefly when I left the law firm to pursue an international career. This period of staying away from India was a moment of reckoning for me. During my time abroad I worked closely with founders of billion dollar start ups and was part of the process of setting up start-ups in different countries. I suppose it was then that I gathered confidence to do something on my own and uncovered the real worth of my domain expertise. 

    How has this multi-jurisdictional experience influenced your approach to legal practice?

    Today businesses have become more international than ever, and multijurisdictional experience undoubtedly adds to your credibility.  The wide expanse of my work over the years right from litigation, negotiating deals, closing investments, and handling regulatory investigations across jurisdictions could not have been possible without my multi-jurisdictional experience. 

    The exposure to other jurisdictions surely has had an indelible impact not just personally but also professionally. It has been a point of inflection where today I am not risk averse and more versatile than ever. This aside, the confidence that I acquired in handling complex matters is supreme. 

    Could you share any memorable experiences or lessons you have learned during your journey as a lawyer that have had a lasting impact on your professional and personal life?

    If I was to telescope my several years of experiences and lessons as a lawyer, 

    I would say this – If you create value in you, it’s only a matter of time before the world finds you worthy of notice. 

    I am an ardent believer that what you make of your life is your responsibility. Do not expect people to come and help you. Also do not permit anyone to come and define you for you. Be confident and persevere through all situations.       

    As a final question, considering your extensive experience in the legal field, what advice would you give to fresh graduates who are just starting their careers in law? What skills or qualities do you think are crucial for success in the legal profession?
    My advice to young lawyers would be to constantly invest in yourself to make yourself valuable. By investing, I infer acquiring knowledge and skills needed for practice of law. Never go unprepared to court or for a meeting. Constant improvement and striving to know more than your audience must be the perennial theme. And always work with 3 Cs viz. conviction, confidence, and congruence.

    Get in touch with Nitin Kala-

  • In law, never comes a day, when you can say ‘I know it all’ – and so is probably in every field, so keep learning everyday and keep updating yourselves- Vidya Sunderam, Principal Associate at Cyril Amarchand Mangaldas

    In law, never comes a day, when you can say ‘I know it all’ – and so is probably in every field, so keep learning everyday and keep updating yourselves- Vidya Sunderam, Principal Associate at Cyril Amarchand Mangaldas

    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? What motivated you to choose this profession?

    I come from a non-lawyer background. After finishing school, I was almost about to join Delhi University for a degree in economics when my mother suggested me to attempt giving entrance for law. I went ahead, gave a few entrance exams (no CLAT back then), got admission in a couple of law schools and joined Amity Law School (GGSIP University) as it was in my hometown Delhi. It took a few semesters to know ‘law’ as a subject and then internships to know how it is practiced. Back in law school my subjects of interest were company law and IP, and when I started writing blogs while in law school, I started enjoying these subjects so much so I pursued corporate laws since then, with an inclination towards commercial contracts. 

    Your field of practice includes general corporate, M&A, and corporate advisory. Can you explain your role and core practice areas in more detail? What kind of work do you typically handle within these areas?

    General corporate as a practice area is vast. My core practice areas are handling acquisition transactions, domestic as well as cross border, both from sell side and buy side – this would include conducting due diligence (on the target or a vendor diligence), handling transaction documentation; handling disinvestment transactions; advisory and structuring foreign investments; advisory on a wide range of corporate and commercial law matters for listed and private companies, including company law and SEBI regulations with core focus on regulations on listing, insider trading, and takeovers.

    Transaction structuring and drafting transaction documentation seem to be a significant part of your expertise. Could you elaborate on the types of agreements and documents you typically deal with?

    Each transaction involves detailed structuring, which depends on a lot of factors such as the objective of the transaction, funding methodology, residency status of parties, legal restrictions including permits from regulatory authorities, tax implications etc. Once the transaction framework is finalised, parties proceed to execute the transaction documents (commonly referred as definitive agreements). It is preferable to first negotiate and execute a term sheet wherein the parties agree broadly on the terms and conditions, and follow up the same with detailed definitive agreements. The type of definitive agreements to be executed depends on the transaction – whether a share transfer, share subscription, asset transfer, business transfer, merger, demerger etc. I primarily handle transaction documentation for acquisitions and restructuring, for listed and private companies, and have also handled prominent disinvestment deals involving public sector companies. Transaction documents I usually draft include share purchase agreements, share subscription agreements, asset purchase agreements, business transfer agreements, joint venture agreements, business cooperation agreements, framework agreements etc., along with several ancillary documentation. The drafting style varies based on who you are representing, the objective, facts and circumstances of the matter, and seek protective provisions accordingly. 

     Due diligence is an essential task when evaluating a transaction. Which sectors have you conducted due diligence reviews for, and what are the key aspects you look for during the process?

    Yes, due diligence is an essential part of an M&A transaction and is highly recommended. It is only when a due diligence review is conducted, that an investor gets to know the target closely and can help negotiate the deal and include protective measures in the transaction documents. I have conducted diligence review on several companies engaged in sectors such as manufacturing, power, healthcare, FMCG; services; hospitality; IT etc. A legal diligence report is an encyclopaedia on the target’s legal compliance status, and typically involves a review of the target’s corporate compliance, contracts, licenses, employees, properties, intellectual property, litigations etc. Transaction document negotiations depend a lot on the outcome of the diligence. In a diligence, one highlights to the client any risks they may face if they into the transaction. It is very important to highlight solutions/ mitigation for each risk highlighted in the report without which the report is certainly incomplete. It is also necessary to ensure that diligence is completed in a time bound manner so that the definitive agreements are negotiated and executed taking into account any risks. 

    What advice would you give to fresh law graduates who are just starting their careers? What are some key qualities or skills they should focus on developing?

    Fresh law graduates must remember that first and foremost it is important to be and remain focused. Spend the initial years of your career in developing a deep understanding of your practice area and the laws relating to it. I know that in the initial few years, there are many lawyers who get confused on which practice area to choose. Now here comes the role of your seniors and also your patience. Be willing to explore, but be patient to learn and put in 100% effort. If you still think you need a change, do that, provided you again put in 100% effort. In law, never comes a day, when you can say ‘I know it all’ – and so is probably in every field, so keep learning everyday and keep updating yourselves. What is also important is to never get disappointed. It is a long journey and there is space for all. Some key qualities or skills if you ask me are: discipline, willingness to learn, updating yourself every day, hard work (also smartwork), being a team player, and time management. To all the fresh law graduates – keep up the enthusiasm and yes, you have chosen a great profession and you are going to get into a great professional journey.

  • I think the only thing that any legal professional can do is to be open to new learnings, think outside the box and adapt to the changing regulatory landscape- Anubhuti Mishra, Partner at P&A Law Offices

    I think the only thing that any legal professional can do is to be open to new learnings, think outside the box and adapt to the changing regulatory landscape- Anubhuti Mishra, Partner at P&A Law Offices

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

    Please tell us about your educational background and the path that led you to pursue a career in law, particularly specializing in competition law?

    I have always had a keen interest in economics and competition law. I studied an optional paper on competition law while pursuing B.A. LLB (Hons) at Hidayatullah National Law University, Raipur and participated in a few antitrust law moot court competitions. I graduated in 2013. During the first couple of years post my graduation, I was working across general corporate and project finance. But even during this period, I was closely involved in adjudicating competition law moot court competitions and academic writings related to the field. So eventually, I decided to pursue a specialized post graduate degree course in competition law in order to switch to this practice area.

    What motivated you to focus on competition law, and how did your LLM in Competition Law from King’s College, London contribute to your expertise in this field?

    As I mentioned, I was always interested in competition law as an academic stream and a practice area. I had interned in various competition law teams during my undergraduate degree and I had worked with the alumni from King’s. I also researched about the faculty in various universities offering an LLM in Competition Law and the faculty at King’s seemed to be a remarkable group of full time academicians, practitioners and ex-members of competition regulators from various jurisdictions. I had an offer from a few other universities in London and in the USA, but I ultimately decided to go to King’s. I would always encourage people to check the particular department they are interested in before deciding on a university, as this is directly related to the kind of exposure you would get and the type of people you will be networking with. This will decide the kind of opportunities you will likely encounter post your degree. Given the diverse academic and professional background of the faculty at King’s, I feel studying at King’s not only offered me a good insight into the practice of competition law in mature jurisdictions like the UK, EU and USA, but also helped me understand varied perspectives on the subject – that of academic scholars, practitioners and people who had been involved in policy making. Such understanding and exposure helps shape your own approach towards the practice area and definitely contributes immensely to your learning curve.

    Could you share some of your experiences and highlights from your work as a Partner at P&A Law Offices, especially in the area of merger control? What are some notable cases you have worked on and the outcomes you achieved?

    I have had the opportunity of working on some challenging combination filings as well as gun jumping cases, during my stint at P&A. One case that stands out is the Amazon-Future Retail case, where the Competition Commission of India (CCI) has passed an order keeping in abeyance an approval granted by it more than two years ago. This case is currently pending in appeal before the Supreme Court. It is one of the most interesting and challenging cases I have worked on not only because it involved a lot of economic analysis during the filing and review of the notification itself, but also because it involves a lot of important questions around the interpretation of the CCI’s powers of review in relation to combinations and the threshold for establishing a case of gun jumping and non-disclosure or misrepresentation in combination filings.

    In the field of enforcement and litigation, you have represented major companies like Tata Steel and Amazon. Can you discuss a specific case where you successfully defended a client against allegations of cartelization or unfair trade practices?

    I have personally worked on a cartel investigation against the Bearings Division of Tata Steel and I would consider that case to be a success as well, because despite the fact that the investigation was initiated on the basis of two leniency applications, no penalty was ultimately imposed on the opposite parties. It was quite an interesting case as it involved a lot of economic analysis of challenges faced bythe industry as such as well as examination of the evidence on record to prepare our defense. I have, in the past, successfully represented Amazon in some informations that were dismissed by the CCI at the prima facie stage itself. However, with the shift in regulatory focus since the publication of the market study on e-commerce in India, digital markets are facing increased scrutiny and it is immensely humbling and rewarding, at the same time, to have the opportunity to work on cases which will set the regulatory standards for e-commerce in India.

    As an advocate, you have also been involved in coaching and adjudicating various moot court competitions. How have these experiences shaped your understanding of competition law and its practical application?

    I have always believed that the learning of law transcends the classroom and moot courts are definitely one of the best ways to achieve conceptual clarity and test your skills of interpreting the law. This is more so in the case of Indian competition law, as the regime itself is barely a decade old and the body of jurisprudence is still evolving. And given the underlying economic and commercial analysis that is inherent to this field of law, mooting can certainly provide budding competition lawyers with the necessary skillset of legal analysis, research, procedural nuances and interpretation which can help them in the actual practice of the law.

    Apart from your legal work, you have also published articles on topics related to competition law and commercial dispute resolution. Can you briefly discuss the key points of one of your publications and its significance in the context of the Indian legal landscape?

    I think one of my first publications in the field of competition law was an article on the approach taken by the CCI in 2015 in relation to online marketplaces like Amazon, Flipkart and Snapdeal and highlighted how the CCI affirmed the principle that competition law is for the protection of the market as such, and not individual competitors. The e-commerce sector was still evolving at that time and the regulatory intervention was limited. In fact, it is serendipitous that my dissertation during my LLM was on merger review standards for multi-sided platform markets and I eventually went on to work on such cases involving digital markets. And now the regulatory focus is changing in light of the evolution of e-commerce in India in the last few years and the need of the hour is to balance the incentive for innovation while protecting competition.

    In your opinion, what are the emerging trends and challenges in the field of competition law in India, and how do you think the legal profession can adapt to these changes?

    I think these are some exciting times for practitioners of competition law, given the review of the last decade of enforcement of the Competition Act and the new amendments that have been introduced (and some of which that are yet to come into force). Both the merger control regime as well as the enforcement regime are set to undergo significant changes, both procedurally as well as substantively. Recent and proposed changes such as the introduction of confidentiality rings, green channel combination filings, settlement and commitment mechanisms, etc. are yet to be tested on ground, against the unique Indian commercial reality. This is already making businesses as well as legal practitioners recalibrate the conventional approach that was carefully developed over the past decade. I think the only thing that any legal professional (not just competition law professionals) can do is to be open to new learnings, think outside the box and adapt to the changing regulatory landscape. Learning is always a continuous process in the legal profession and that is the way to cope with evolving legal systems.

    Can you share any memorable experiences or lessons you have learned throughout your career that have had a significant impact on your professional growth?

    I believe you can always find something to learn from every new case and from every new person that you come across. It’s tough to choose any one experience which has shaped my professional growth. But if I have to cite one instance, then it would probably be working on a writ challenge that we had filed on behalf of a client against an ex parte prima facie order issued by the CCI, directing an investigation against our client. We were before the Karnataka High Court and Mr. Gopal Subramanium was leading us in the matter. The admission stage hearing went on for three consecutive days and we eventually got an interim stay. But those three days were harrowing as well as exciting. I personally believe, that I learnt the most – in terms of statutory interpretation, legal analysis, preparing for briefings and just a general sense of grit and resilience that this profession demands. Of course, working with Mr. Subramanium is a cherishable experience in itself. But I believe those three days shaped not only my knowledge of law but also my work ethic itself.

    What are your future goals and aspirations in the field of law, and what steps do you plan to take to achieve them?

    I have always admired the confluence of academia and practice in the education system abroad, in countries like the UK and USA. Being taught by both practicing lawyers and academics certainly gives you a more holistic perspective of the subject you are studying. I don’t see that as a very common practice in India and I personally, would like to get into academics at some point, along side my practice. I have been involved in a few guest lectures from time to time over the last couple of years, but I would like to be more involved in academics going forward. For which I need to manage my own time better, and I guess I shall focus on that this year.

    Finally, considering your extensive experience in the legal field, what advice would you give to law students or fresh graduates who are interested in pursuing a career in competition law?

    It is a challenging as well as rewarding area of practice. While it can be exciting to be a part of a niche practice area and an evolving system of jurisprudence, it can be equally challenging, as it will push you to push your own boundaries. While an LLM/specialization in this subject will help you connect with like-minded peers and professionals, it cannot replace hands-on learning. As I have said earlier, the learning curve is much steeper outside classrooms – in moot courts and internships. So if you are interested in this area of practice, you should focus on building your publications in this subject, participate in moots concerning this subject, intern with competition law teams to acquaint yourself with the law as well as individuals practicing this law.

    Get in touch with Anubhuti Mishra-

  • The quality of the legal profession is that you face new challenges in every matter and you never feel monotonous-Varun S. Ahuja,Partner at Ahuja Law Offices

    The quality of the legal profession is that you face new challenges in every matter and you never feel monotonous-Varun S. Ahuja,Partner at Ahuja Law Offices

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

    My father is a practicing lawyer who had an established legal practice. From early age when I used to visit my father’s office, I used to see the respect, which my father commanded. So, from my child hood I aspired to be a lawyer.

    You have obtained a Bachelor’s degree in law from I.P. University and completed your Masters at George Washington University. How have these educational experiences shaped your understanding of the legal field and influenced your career?

    The mode and technique of teaching law of both the universities is completely different. In my case, I can say that both of them complemented each other. While in IP University it was more of bookish knowledge in George Washington University it was more research-based knowledge. In IP University I studied keeping exams in mind, which was usually when exams were approaching. Whereas in George Washington University I had to study before each and every lecture and used to end up spending double the time of lecture to prepare for class. If you don’t study before the lecture you are not able to understand the lecture. In George Washington University they encourage you to ask questions and method of teaching is more interactive.

    You have extensive experience in commercial dispute resolution, arbitration, and corporate advisory. Could you tell us about some of the high-profile cases you have been involved in? What were the challenges you faced, and how did you navigate them?

    The firm is handling work of about 25 corporate clients. There are multiple high profile matters our firms are handling. I will share about one matter before NCLT Mumbai in this matter director ship of a director was cancelled on account of non-compliance of certain provision of Registrar of Companies. The said director took an interim injunction from NCLT regarding his expulsion from Board of Directors as the said director held a significant minority shareholding. We took up the matter on behalf of the company and presented before the court as to how our act is influenced by directives of Registrar of companies and was justified in the circumstances and it was not a case of suppression of minority shareholder. The Hon’ble court was pleased to vacate the injunction order and had decided the matter in our favour.  

    You have authored several articles on various legal topics. Could you give us an overview of some of the key subjects you have covered in your articles? Why did you choose to write on these specific topics, and what impact do you hope they have on the legal community?

    Most our articles have been on Arbitration, Contracts, Commercial Laws and Company Law These topics were chosen keeping in mind that they are my strength area with objective to make people and in-house counsel enlightened about the legal nuances of these subject. At Ahuja Law Offices we believe that knowledge increases by sharing and when we write on a subject the subject attains more clarity in our own mind.

    In your experience, what are the essential qualities and skills that a successful advocate should possess? How have you cultivated these qualities throughout your career?

    An advocate should always post questions and find answers. One needs to develop an analytical bent of mind and logical thinking. Reading and research is essential in legal profession. One should not forget that law is based on logic and necessity. One has to think out of the box to get relief for their clients. You have to give advice to your clients based on what is in best interest of your client and have to win the client’s trust.

    The legal landscape is constantly evolving. How do you stay updated with the latest developments and changes in the field? Are there any specific resources or strategies you would recommend to aspiring lawyers?

    One has to keep oneself updated with regard to legal and economic developments in his field of practice. For commercial litigation one should go through business newspapers and magazines to understand new issues that are arising in the business field and should work on solution for the same.

    Can you share a memorable case or moment from your career that has had a significant impact on you personally or professionally? How did it shape your approach to practicing law?

    Every matter has its own importance and you learn new things from each and every matter. The quality of the legal profession is that you face new challenges in every matter and you never feel monotonous. In my collage days I was interning with Mr. Sidharth Luthra, Senior Advocate, at that time Mr. Luthra was handling matter on behalf of Facebook. In that matter I learnt on what arguments a lawyer should focus and how a lawyer has to cover the weaknesses of the case, while arguing a matter before court.

    Based on your knowledge and experience, what advice would you give to fresh law graduates who are just starting their careers? What are some important factors they should consider as they enter the legal profession?

    They should understand that there are no short cuts to success in legal profession. For first few years a budding lawyer should concentrate on learning work and developing skills. When they know the work money will start flowing automatically. If they will focus on money part in the initial years then they will not make the progress in the profession they deserve.

    Gin touch with Varun S Ahuja-

  • The legal field is going to be challenging in the start no matter what one may choose to be their practice area- Divya Hazra, International Corporate Lawyer and Co-Founder, Esplora Consulting Law Firm

    The legal field is going to be challenging in the start no matter what one may choose to be their practice area- Divya Hazra, International Corporate Lawyer and Co-Founder, Esplora Consulting Law Firm

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

    Ma’am, can you please tell us about your educational background and how you ended up pursuing law at Columbia Law School?

    I moved to Mumbai in 2008 to pursue my bachelors in law degree from Government Law College (GLC). After graduating from GLC Mumbai I started my career in the real estate team of the law firm Wadia Gandhy & Co. post which I joined the real estate team at JSA during the course of which I also got the opportunity to work on a few corporate deals. It is during this transition that I realised that I truly enjoy corporate law. To further hone my skills in corporate law, I decided to pursue my masters at Columbia Law School, New York where my course work was focused on corporate law.

    You co-founded a boutique law firm in Shanghai tailored to serve Indian multinational companies. What motivated you to establish this firm, and what challenges did you face in the process?

    When I moved to China, I got the opportunity to engage in a lot of business development activities. It is at this stage that I realised that along with being a lawyer I thoroughly enjoyed being an entrepreneur as well which made me want to explore the business side of the legal industry more. This is what motivated me to establish a firm along with my partners from Central Asia and China. 

    The legal industry is extremely competitive as there are so many players in the market. Considering my firm is relatively new in the market, we always have to go the extra mile to gain the trust of our clients to get more engagements from them. This continues to be a challenge but at the same time motivates my whole team to deliver better results.

    During the course of your career, you have had the opportunity to represent large private equity funds, corporations, and banks in domestic and cross-border transactions across China, India and USA. Could you share some of the most memorable or impactful transactions you’ve worked on and the lessons you’ve learned from them?

    While I was working at Trilegal, we represented the Edelweiss Group on an investment of USD 75 Million from Kora Management. This transaction till date has been the most challenging yet impactful transaction for me so far as this investment was spread across multiple business lines under the Edelweiss Group and some being in the financial sector was heavily regulated. The timeline for this deal was also very short which added to the complexity. Despite these challenges, I learnt how to manage strict deadlines and drafted complex deal documents which helped me grow as a corporate lawyer. 

    As for China, my whole experience has been a huge learning curve. Not only does language add a challenge but also having to learn the nuisances of practicing law in a civil law country has been extremely challenging yet exciting at the same time.

    You have been recognized as one of the “Top 10 Women Leaders from China” by Women Entrepreneur Magazine in India. Can you tell us about your experience as a female leader in the legal field and any challenges you have faced?

    Being in an industry which is primarily male dominated is challenging as there are some unconscious bias which exist. However, I think I have been fortunate to have worked with the right people and right team who have always seen the value I can bring to the table despite being of the opposite gender. That being said in a few instances where I have felt that bias, I have not shied away from being outspoken and standing up for what I am deserving of. 

    Lastly, based on your experiences and success in the legal field, what advice would you give to fresh graduates who are considering a career in law?

    The legal field is going to be challenging in the start no matter what one may choose to be their practice area. It is however through consistency and hard work that you can excel in the field of law. Like they say “there are no short cuts to success” and in my experience this is particularly true if one is considering a career in law. 

  • To succeed in litigation and real estate law, you need to have a deep understanding of the legal principles and procedures that apply to these fields- Murtaza Kachwalla, Partner at Argus Partners (Solicitors & Advocates)

    To succeed in litigation and real estate law, you need to have a deep understanding of the legal principles and procedures that apply to these fields- Murtaza Kachwalla, Partner at Argus Partners (Solicitors & Advocates)

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

    As a conversation starter, could you please tell us about your background and how you developed your expertise in commercial and property-related litigations?

    I am born and brought up in Mumbai. I studied law at Government Law College at Mumbai and started interning at Mulla & Mulla & Craigie Blunt & Caroe in my 2nd year of law. During my internship I worked on several commercial and property related litigations. After I graduated, I moved firms and continued to work commercial litigation matters. I also do a fair amount of real estate matters. I have had the privilege of assisting great seniors who were experts in commercial litigation and property related matters and thereby gained a fair amount of experience in litigation and real estate matters.

    What do you think are the biggest challenges facing corporations and individuals in litigation today, and how can they navigate them successfully?

    There are several challenges that corporations and individuals face in litigation today, some of which include:

    1. Cost: Litigation can be incredibly expensive, with legal fees, court costs, and other expenses. This can be a significant burden for both individuals and corporations.
    2. Time: Litigation can take a long time, often stretching on for months or even years.
    3. Risk: Litigation also carries a significant amount of risk, as the outcome of a case can be unpredictable and can have long-lasting consequences for both individuals and corporations.

    To navigate these challenges successfully, individuals and corporations should consider several strategies:

    1. Manage costs: While litigation can be expensive, there are steps that can be taken to manage costs, such as negotiating legal fees, using alternative dispute resolution methods etc.
    2. Be strategic: Developing a clear strategy for the case can help individuals and corporations manage their time and resources more effectively and increase their chances of success.
    3. Communicate effectively: Open and transparent communication with legal counsel can help ensure that everyone is on the same page and can work together more effectively to achieve the desired outcome.

    You have also represented clients in high-stake domestic and international arbitration proceedings. What are some of the key differences between arbitration and litigation, and when is one more appropriate than the other?

    Arbitration is a process in which a neutral third party, known as an arbitrator, hears evidence and arguments from both sides and makes a final decision. The decision of the arbitrator is binding, meaning that the parties must accept it as final and cannot appeal it except in very limited circumstances. Arbitration is generally less formal and less expensive than litigation and may be quicker in some cases.

    Litigation, on the other hand, is the process of bringing a case before a court of law. The court hears evidence and arguments from both sides and makes a final decision, which can be appealed to a higher court if the losing party chooses to do so. Litigation is generally more formal and more expensive than arbitration and can take longer to reach a final resolution.

    Whether arbitration or litigation is more appropriate will depend on the specific circumstances of the dispute. In general, arbitration may be more appropriate if the parties want a quicker and less expensive resolution, and if the dispute involves commercial or contractual issues. Litigation may be more appropriate if the dispute involves complex legal or constitutional issues or if one party is seeking a significant monetary award or other type of relief. Ultimately, the decision to use arbitration or litigation will depend on the preferences of the parties involved and their respective legal strategies.

    Real estate matters are a significant part of your practice. What are some of the most common issues that arise in property-related transactions, and how can clients protect themselves?

    Some of the most common issues that arise in property related transactions are:

    Title documents are not stamped and registered. It is essential for transfer documents to be stamped and registered failing which title does not pass. Pre-nineties parties would not stamp and register documents.

    In land transactions, revenue records remain to be updated.

    In some cases, the original owner has passed away leaving behind will. These wills are sometimes not probated.

    Family arrangements entered into between the successors of the original owner are not adequately stamped and registered.

    It is essential for a party purchasing property to do a proper title due diligence before purchasing a property. Public notices must be published, necessary searches in the land and revenue records must be taken. In case of companies, ROC search must be conducted to see if there is any charge on the property. Permission of the Charity Commissioner must be taken in case of sale of property belonging to a public trust. The title to the property must be clear and marketable and without any encumbrance. It is important to take adequate safeguards such as indemnities, representations and warranties from the seller. Nowadays, in view of the PMLA Act, it is also suggested that the source of funds out of which the seller purchased the property should also be checked. Purchasers must seek advice of lawyers before purchasing properties and seek their assistance in preparing the documentation. This is important so that they do not have any issues when they want to sell the property.

    How do you stay up-to-date with the latest developments in your areas of expertise, and what resources do you rely on?

    There are multiple online/ offline resources as on date to aid lawyers stay upto date with the legal developments. However, what I feel is imperative is the discipline and hunger for knowledge. Argus Partners has a robust Knowledge Management practice which ensures that every lawyer in the Firm stays updated with the recent changes/ modifications in his/ her area of practice. Further, we have created internal databases in the Firm for practice areas like arbitration and insolvency which witnesses regular developments. The responsibility to keep these databases up and running is shared by every lawyer of the Firm of the respective practice areas.  

    Can you share some advice for law students and young lawyers who aspire to have a successful career in litigation and real estate law?

    To succeed in litigation and real estate law, you need to have a deep understanding of the legal principles and procedures that apply to these fields. Make sure to take relevant courses during law school, participate in moot court, research/ thought papers and seek out opportunities to work with experienced law firms/ lawyers in these areas for internships/ research associate/ paralegal positions.

    I believe that building relationships with other lawyers and professionals in the industry is critical for success along with developing good communication skills. Communication is key in litigation and real estate law, whether it’s presenting an argument in court or negotiating a deal with a client. Practice your writing and public speaking skills and always seek feedback from mentors and colleagues to improve.

    Another aspect which I feel is critical to be good lawyer is being detail-oriented. In real estate law, even a small mistake or oversight can have significant consequences. Attention to detail is critical, so make sure to double-check your work and take the time to thoroughly review any legal document.

    And last but not the least, stay up-to-date on legal developments will go a long way in making you a champion in your field.

    Thus, by focusing on these areas, you can build a strong foundation for a successful career in litigation and real estate law. Remember, success in any field requires hard work, dedication, and a willingness to learn and grow over time.

    Lastly, what are your future goals and plans for your career, and what are you most excited about in the coming years?

    The ultimate goal is to build a firm which believes in quality, gives client’s excellent advice and helps in getting the best outcomes. The firm is doing some top notch work and growing at a great pace.

    Get in touch with Murtaza Kachwalla-

  • As India moves towards more open market, and many businesses also move outwards for opportunities exploring other markets in the world, the work for commercial disputes is bound to increase- Srikanth Hariharan, Advocate (India) and Solicitor (England and Wales)

    As India moves towards more open market, and many businesses also move outwards for opportunities exploring other markets in the world, the work for commercial disputes is bound to increase- Srikanth Hariharan, Advocate (India) and Solicitor (England and Wales)

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

    With your wide range of practice areas, could you share with us how you developed such a diverse expertise in the field of law?

    I have been practicing as a litigating lawyer for just over 10 years now before the High court and National Company Law Tribunal and also International and Domestic Arbitration. I also do general corporate practice, as my firm is an authorized partner with Ras Al Khaimah Economic Zone Authority (RAKEZ) assisting companies to set up businesses in Emirate of Ras Al Khaimah.  When you are in litigation, it is very difficult to build an exclusive specialized practice from the start and it is equally very important, initially, to accept briefs or assignments in all areas of law, as it would also increase one’s horizon of knowledge and experience, which is a valuable asset. The practice at the High Court, generally involves knowledge of multiple enactments. One day you are advising and drafting a petition for interim measure in an international commercial arbitration for a client in Singapore and the next day you are representing a farmer from a remote village to obtain his just compensation in a land acquisition process from the government and the day after that you are representing a government employee in a service matter before the High Court or assisting a company to set up their business in Ras Al Khaimah. I had also advised Insurance Regulatory Development Authority on the draft of their health insurance regulations, which gave me an insight into manner of drafting of subordinate legislation and policy. I believe as  a lawyer, one should be able to any do any kind of work that the client has a requirement with initially and it is only in the later years, the market will decide one’s area of specialization. When you accept a variety of briefs, the word of mouth spreads about your competence. With the result and partly due to COVID and use of technology, I have business houses calling from remote parts of Maharashtra, Chattisgarh and West Bengal for advise on their commercial transactions and potential disputes.

    You have specialized in domestic and international commercial arbitration and insolvency and bankruptcy law. What drew you to these particular areas of law, and what experiences or cases have had the greatest impact on your career in these fields?

    My specialization in LLM program at Cambridge was in the field of International Dispute Settlement and International Commercial Litigation. Legal certainty and predictability is very important in commercial disputes, which enables businesses to make sound and informed decisions. Time is money for any business. The object of any commercial litigation is not to be to litigate and spend valuable resources on litigation but to find a way to amicably settle the dispute. It saves great amount of time and money for small and medium businesses. It is always exciting to strategize in commercial disputes as there can never be a one-stop solution for all commercial disputes. Each case is different. That is one of the exciting aspects of commercial disputes.

    Initially in my career, it was very heartening to see some small scale business owner trying to enforce his contractual rights against large corporations, as it would be a make or break situation for the small scale business and the survival depends on payments which are yet forthcoming from large businesses. Such cases give confidence and purpose to what I do. Over the years, as one’s visibility and ability to perform increases, the larger corporations also engage you in one of their disputes, perhaps keeping in mind your representations and arguments in a previous matter for small scale business owner.

    Could you tell us more about your time at Cambridge and how it shaped your career path?

    My time at Cambridge was one of the most memorable time of my life, which was enriching academically and was also a stepping stone for further opportunities. My specialization was in the field of International Dispute Settlement and International Commercial Litigation and Law of World Trade Organization. The academic environment created in Cambridge automatically propels one to perform. I was fortunate to complete my thesis in Investment Arbitration under the supervision of late Professor James Crawford, Former Judge of the International Court of Justice and secure first class in the thesis. The interactions and discussions I had with him are now part of my cherished memories. Thereafter, I also had an opportunity to assist Prof Peter Van Dan Bossche, Former Member, Appellate Body Secretariat, WTO in the drafting and research of the TRIPS Chapter of his book ‘Law and Policy of the World Trade Organization: Texts, Cases and Materials’. These little opportunities propelled my career path towards international arbitration or secure an internship with the WTO Appellate Body Secretariat.

    From your advocacy and advisory work to your internships at the World Trade Organization and Debevoise and Plimpton LLP in London, could you share some notable experiences or cases that have helped shape your approach to law?

    During my internship experience at the Appellate Body Secretariat, WTO, Geneva, I got first hand experience of how laws applied at an international level and how a member’s view or perspective has the effect on a ruling and how geo-politics also has an effect on how cases are viewed by members.  The AB Secretariat is assisted by several dispute settlement lawyers who assist the AB in preparation and research of the AB reports in the cases brought to it by member states. In one such issue, the issue was whose appeal is to be numbered first, if the appeals are filed on the same day. The nations at issue were two large economies of the world, one democratic and the other non-democratic. The representatives of both nations were at logger heads as to their appeal to be numbered first. Then it was decided by the AB that there will be a draw of lots and the first chit out of the box will have their appeal numbered first. A meeting was called for of the representatives and all the lawyers and staff were directed to be present. The next issue was who has to pick the lot. And lo behold, I was the person summoned to draw the lot as I was the junior most person in the room. I picked one. It gave me insight into how international rules are applied to see that disputes, howsoever trivial, are resolved. It gave me an insight into a realistic approact to application of the law to resolve disputes. Apart from that, I had also a chance to attend and witness meetings of the Dispute Settlement Body which are held on a regular basis and understand each member’s view point on a dispute pending before it.

    During my time at Debevoise, London, I was mostly assisting the arbitration team in investor state arbitration and international commercial arbitration. The firm was representing a nation state in a commercial arbitration dispute which was primarily with respect to construction of oil and gas pipeline in the Middle East. The case involved issues of law of nation state as well as applicability of public international law in respect of state responsibility. I had also a chance to work on a research paper as to the advantages and disadvantages of use of artificial intelligence in international arbitration. It was an open ended topic so I had a chance to be creative with thought provoking ideas.  I also had an opportunity to assist the team, which was advising a client on business integrity issues in respect of performance of contract with a contractor in a least developed country.

    As someone qualified to practice law in both India and the United Kingdom, how do you navigate the different legal systems and regulations in these jurisdictions? What challenges and opportunities do you encounter in your international legal practice?

    There are quite a few similarities between the English law and Indian law in field of commercial contracts and commercial disputes. Most of the aspects of law such as interpretation of contracts, law of damages and assessment of quantum of damages, which we see in India, have their basis in English law.

    Culturally, India is not a litigious society. As India moves towards more open market, and many businesses also move outwards for opportunities exploring other markets in the world, the work for commercial disputes is bound to increase. I see that lawyers in India are equally competent and competitive and foresee opportunities for them also increase. However, for over a century now, London continues to hold the preferred seat for arbitration and commercial litigation for cross border disputes and English law as the choice of law for such disputes, though the companies may have no physical presence in England. Possibly it is because of certainty, predictability and stability in the legal system that London has to offer. If an Indian Company has the option of engaging an English qualified Indian Lawyer, it would be easier for them in terms of comfort as well as cost. Infact,  I would like to see a foreign seated company engage a Indian law firm or an Indian lawyer for their international commercial arbitration outside of India. When it can happen in information technology services sector, why not in legal sector.

    The challenge the Indian legal system now faces, is one of pendency and effectiveness in terms of enforcement of judgements. Both reasons have grave effect on how foreign investors view the Indian Legal system to be a preferred mode of system for settlement of disputes. There are about 8-10 forums providing rights for creditor to initiate recovery proceedings like civil suit, commercial court, debt recovery tribunal, insolvency, winding up, MSME facilitation council, arbitration councils but still the last mile delivery of enforcement of the decrees before the decree holder actually sees the recoveries or monies in his account is very slow. That may create some anxiety in minds of few with respect to the effectiveness of the legal system.

    You’ve published several papers and articles in domestic and international law journals. Could you highlight one or two of your publications that you believe have had a significant impact or have generated interesting discussions within the legal community?

    Though the publications are on varied subjects, I believe the stand out to be one in field of nuclear liability, which was published in the International Energy Law Review. It was written just after the Fukushima nuclear accident.  The article was a comprehensive analysis of the international law and national laws in respect of regulations and laws with respect to nuclear safety and safeguards, rules governing the international trade in nuclear waste and rules with respect to transportation of radioactive material and the domestic and international law in respect of the liability regime in the event of nuclear accident. The object of the regulations is to attract private investments and also trade in nuclear fuel in a peaceful and environmentally sustainable manner. I had also argued that capacity building in nations and cooperation amongst nations is the primary requirement to have a peaceful mode of trade in nuclear fuel, which is essential peace, security and development of any nation state.

    You’re frequently invited to law colleges to judge moot court competitions and deliver guest lectures in corporate law and arbitration. What motivates you to engage with law students and young professionals in this manner, and what advice do you often find yourself giving to those entering the legal field?

    Moot Court competitions, guest lectures and webinars are good platforms for brain storming sessions and exchange of ideas, and is part of the learning curve and self-enquiry. It also keeps one abreast with latest updates of law and also understand perspectives, which may be difficult in regular rigmarole of litigation practice. As a lawyer, whether in litigation or general corporate practice, it is important to be updated with the new changes in the law and also updated with the latest judgements of the supreme court. Any judgement read, the judgement should be noted down in a ‘green book’ whereby it is very easy to again reference back to it when the need arises. I maintain a ‘green book’ which has a list of judgements subject wise, with the relevant citations. Though internet research is a very useful tool, it is important to have a personal database written as it is edged in one’s memory forever.  It is always important to read a wide variety of subjects apart from law, such as politics, economics, non-fiction, biographies, historical fiction, editorials which increases your horizon of knowledge, vocabulary and perspective. The more one reads on varied subjects including law the more one is confident to represent in court.

    Considering your vast experience and expertise, what advice would you like to share with fresh graduates who are just starting their careers in law? 

    The opportunities that are available to young graduates are endless. Aspire for excellence in law and never settle for mediocrity. It is important to have an open mind as to opportunities around you. There are several rural and marginal groups who lack knowledge to enforce their rights in a court of law, so that way the potential is unlimited.

    If one is planning to enter into litigation practice as a career option, it is important to bear in mind that one has to be ready for a grind which is for the long haul, and there is no option for a short term stint in litigation. The waiting period for recognition is now, perhaps, reduced to 5-7 years, which was earlier 15-20 years in the previous generation. Having said that, one is also required to put in long hours in the initial days, after which the existential and survival issues are taken care of. The variety and range of clients one meets, small, big, rich, highly educated, illiterate,  elite, poor and downtrodden and the variety of problems that one deals with in litigation and the privilege of having been given an opportunity to solve them is extremely gratifying. I do understand young graduates may have some anxiety about financial security, but they need not worry about that in litigation, as once one is established in practice, remuneration is not far away.

    Lastly, it is important to be brutally honest with your advice to the client, as the client is entitled to the best in you and in what you can offer. It is very important that in order to gain the trust of one’s client, the lawyer and client are on the same page at every step of the matter. Even if the client may not like to hear what advice you have to give, as a professional, one is required to be honest to the client.

    Get in touch with Srikanth Hariharan-

  • “To be successful per your own assessment, you need to take bigger challenges, grow out of your static and comfort zone. That is what life is all about. It keeps you sharp something to look forward and conquer otherwise would end in the engine of lethargy and dullness”- Gaurav Vutts, Lawyer at Parinam Law Associates

    “To be successful per your own assessment, you need to take bigger challenges, grow out of your static and comfort zone. That is what life is all about. It keeps you sharp something to look forward and conquer otherwise would end in the engine of lethargy and dullness”- Gaurav Vutts, Lawyer at Parinam Law Associates

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

    How did you become a lawyer from being a poultry farmer and broom seller?

    After graduating in B.Sc from University Maharaja College, Jaipur, I ran small poultry farm along with selling brooms in local city areas. Managed day to day work, did labour / manual farm work & selling broomsticks. Upon one of my travel to New Delhi got a chance to see law firms which changed my idea from being a poultry farmer & broom seller to become lawyer. It was a very difficult phase of my life as to transition from being a labourer to become lawyer without any generational support, no one known in Delhi or in legal fraternity to support but it was one of the best times as well.   

    How satisfying has your journey been, transitioning from a litigator to becoming an in-house counsel with one of the topmost corporations, and now returning to being a partner and dispute resolution lawyer with a top law firm? 

    God has been kind. Being first generation lawyer was privileged to work with Karanjawala & Company India’s top law litigation firm. There practiced all segments of law criminal & civil. I appeared for various clients involving peculiar kind of legal issues before various Courts & briefed Senior Counsels. This made me not only learn the basics of law but how to appear before Courts and be dutiful towards Clients and most importantly Courts of Law. Apart from this practiced law with Chambers of Ankur Chawla for a short period where got experienced more of Trial Court.  

    I further worked with great corporates like Hindustan Unilever Limited (HUL) as Regional Legal Head where handled general corporate advisory related to Food Laws, IPR, Retail, Franchising, Brand Protection & General Litigation involving various segments of laws, Compliance & Reporting, Code and concept of business partnering.

    The experience with Indiabulls Housing Finance Limited taught me intricate nature of financial laws, complexities of Real Estate laws (RERA), Insolvency (I&B Code), Facets of Consumer laws, how to handle complex litigations & large legal teams.

    Wipro Limited being Information Technology Giant offered rich knowledge on global eco-system surrounding Ethical & Code practices, Trade & Sanction Laws, Anti- Bribery and Anti- Corruption landscape, Code Policy drafting clubbed with Enterprise Risk Mitigation, Functional Support to Internal Audit and other functions, training & delivery on statutory compliances to Audit Committee and Board. These stints benefitted me with overall rich experience in handling legal issues related to FMCG, Banking and Info Tech nature of businesses.

    All clubbed together are of immense legal & practical value which assist me to handle issues from Client & Business perspective. I must state that it’s an extremely difficult role to be In-House Counsel but it’s truly fascinating to help the brands grow in most effective & compliant manner. Today I appear in various Courts and practice law which I believe is the duty of being a true lawyer.     

    Whether working in-house or with a law firm, what are your thoughts and what are the key attributes required for a lawyer?

    Both are truly fascinating & satisfying. Working In House within Company has variety of attributes which may be:

    • Complete know how of your business & functions
    • Knowledge of Functional Laws & its implications
    • Red flagging key issues and reporting with ease and without legalese
    • Weak points, how to highlight with solutions absorbable by business partner
    • NO to be avoided as it’s taken as not able to business partner but have balancing approach
    • Exhibit & highlight your work upon every stage regardless nature of work else non-highlight of work at appropriate time & spot weakens its delivery value.
    • Ability to showcase achievement without delay to your superiors and demonstrate value towards the company

    Keeping above aspects in mind, the lawyer doing work in-house should be able to demonstrate the outcome immediately to management.

    Working with firm & lawyers- the key attributes which may be:

    • Ability to conduct swift & voracious reading of papers on short time
    • Grasp facts without any constraint
    • Prepare error free draft in easy legal language   
    • Up to date Legal knowledge of the issue at hand
    • Overall handling & case management (Start to End)
    • Client & partner satisfaction
    • Timelines and Delivery
    • Sincerity & Devotion – as outcome of the case is decided by Court where no errors can happen
    • Smoothly conduct conference with Client and Senior Lawyer
    • Conduct research of case laws, precedents for the issue at hand
    • Most importantly liking for law and legal profession
    • Maintaining diary of dates and filing  

    Considering above my view is – it depends on lawyer as to where the professional satisfaction is matched. Both are good to learn and practice law.  

    How do you provide the best possible legal advice to a client even though telling the truth may affect revenue?

    Firstly honesty is the only way. Must have non- negotiable honesty with clients whilst providing legal opinions or leading them in litigation. Represent them with honesty before Courts as primary duty of lawyer is being officer of Court. Secondly there is no substitute for hard work. Work hard on clients briefs and research law/ try your best to get relief for client without loss of integrity.

    How do you feel now that you’re back in practice from the in-house advisory?

    I think that both are always good and satisfying.

    To be successful you need to take bigger challenges and grow out of your comfort zone. That is what life is all about.

     However it is always good to be in active legal practice, help various clients resolve issues, appear before Courts for their rights and interests. This would mean to deal in real time cases, draft pleadings, research law and precedents which is very different than sitting in background and advising In- House. However it depends on what a personal choice is for a lawyer & what is the preference. Sooner and later the In House advisory would end due to job becoming mundane, no challenges, burn out or retirement but the legal world is always open for practice regardless of age.