Could you share a bit about your journey from starting as a litigator to becoming a business lawyer? How has your overseas experience shaped your approach as a business lawyer, and what valuable insights have you gained from working across diverse legal landscapes?
When I joined the legal profession, it was the norm to work with a senior practitioner in the courts. My first job was with Mr. Pran Nath Talwar, a senior advocate at the Delhi High Court who was the Standing Counsel for DDA. I worked with him for two years, from July 1986 to July 1988. Mr. Talwar was a stellar lawyer with a razor-sharp mind. Every day he regaled me with stories about the law, about life and always insisted we read the jurisprudence deeply and fully and learn how to apply it. He underscored the devil is always in the detail and to ensure we know full facts before starting to think of the merits or demerits of a case. I was fortunate to get solid grounding with him.
Subsequently, I left for the US to study further and then had opportunities to work there. My work with the large US law firms exposed me to and gave me insights on the western large firm model functioning – a deeper and different kind of professional ethics, to structured processes and systems, to development of a profound sense of responsibility for the advice we give to clients on the basis of which corporations were going to take decisions, to concepts of negligence if our advice was incomplete or inaccurate. After I moved to Paris, initially for a year, in a pre-Google era, I confronted different challenges including juggling work in a country where the native language was not English and I did not speak a word of French. I had no option but to take up the challenge and do what I had to. I was thrown into the deep end of the pool and simply had to figure out how to swim if I did not want to drown. I did not get anything easy, and, in hindsight, I am glad it was that way. Eventually, my one year in Paris became five!
Since my formative professional years were spent overseas, my work experience in both the US and in Europe shaped me enormously and provided insights on how to work which now, over decades, are part of my DNA! My clients reinforced that transparency is key when advising and it is best to be direct, without providing circuitous or ambiguous counsel. Eventually, we must remember they act on our recommendations, relying on our expertise. Plus, there is always a human impact as eventually people implement. So, it is crucial to understand the ramifications of what we say, when we say, and how we say. The work environment coupled with the commitment and diligence towards the tiniest of matters made me realize that regardless of the country, some key fundamentals are global: work hard truly, honestly with the key objective of securing the best result for your client and it will not evade you. All my lessons, professional learnings and value systems garnered from my clients, peers and seniors from around the globe always pointed to one thing only – work hard and the results will come. I suppose it is the age-old wisdom from the Bhagavad Gita. I firmly subscribe to the view that there are no shortcuts to success. Let your work speak for you and do not look for excuses.
Congratulations on being named “Woman Lawyer of the Year – India & Middle East” and the recipient of the “Mayre Rasmussen Award” for promoting gender equality. How do these accolades impact your commitment to gender sensitization, women empowerment and equality within the legal profession?
Thank you very much. Of course, I am very grateful, but the accolades came much later. Legal awards are a relatively recent development, while I have been personally, deeply committed to the advancement and nurturing of women lawyers in India since I returned to set up the practice. As a first-generation woman lawyer, setting my own firm in the late 90s was a huge challenge in every aspect, be it law firm management, execution of work, finding and training teams. Slowly, but surely, I wanted to try to make a difference and help in gender sensitization, women empowerment and equality. The legal profession is changing so rapidly everywhere, Indian women need to be equipped to handle the change and how the future is likely to impact their practice, be it of solo practitioners in courts or within law firms or in-house positions. While the education system has undergone a change, and the information highway is at everyone’s fingertips, yet most prospective lawyers are unprepared for life with the law. This requires more practical courses and skillful use of interns. All of us who are experienced at the Bar need to contribute to bring about that transformation. There is a dire need to focus on professional development, which must be matched by a desire to grow as well by women protagonists.
I think it is essential to focus on the reasons why organizations should create sustainability for women in the legal profession. There should be strategies in place for nurturing our own careers and those of the women following us. I have looked at this issue often, both in India and overseas. It is essential to address the issues from a positive perspective and focus on what women lawyers can and should do to participate in their own success and the success of those who follow them. Despite a lot of progress in the law firm world, we still have “miles to go.” I could articulate more, but I think these are enough for the moment. After over three and half decades in the law, I feel the legal world needs to be more open to change as we come together to share experiences and aid in finding solutions at a local, national and even transborder level.
You’ve authored books and contributed to various publications. How does thought leadership play a role in shaping discussions on legal issues, and what motivated you to share your insights through books?
So, for me, as a first gen lawyer in an era where technology had not really evolved, I had to devise ways and means to showcase my capabilities while building a practice. Writing came naturally to me. Plus, while navigating through the labyrinth of varied laws, regulations, guidelines, I would often be flummoxed at the lack of clarity, even amongst those who implemented those laws. The challenge was always to find answers in simple words. As a result, I thought writing and publishing would be a tool to demonstrate subject matter knowledge plus say it in a manner which would be easy for the reader to understand. I still feel the same.
As a Board member of the International Technology Law Association, how do you see the intersection of technology and law evolving, and what legal challenges and opportunities do you anticipate in this space?
I firmly believe whether we like it or not, rapid developments in technology have changed and are continuing to change how people consume, interact, play and work. Like it or not, AI, Big Data, blockchain, cybersecurity, Fintech, IoT, privacy are here to stay and an integral part of daily lives.
While government policies will influence the direction of technological developments, laws and regulations will undoubtedly need to match and address the new reality. Some people fear developments in the foregoing areas will somehow replace human interactions and, eventually, make us shed our human persona. Others believe these innovations will benefit humanity and help solve many problems of today and potentially of the future. As companies navigate through these changes and await effective enforcement of new legislation, one key challenge is how to gear up for the future and the need to formulate internal rules that comply with strictest global standards in place in other parts of the world or wait to match with local requirements. Legislating and regulating developing technologies is complex, and it becomes way more complex when crossing borders. A balance between global and local rules with some degree of self-regulation will be the need of the hour. Another problem is legislation can take far too long. Look what happened to the Digital Personal Data Protection Act and the number of years and iterations it has taken to pass this law. More than 4.5 months after the DPDP Act was passed, we still await the rules. In the tech world, this feels like eternity. Finally, I want to touch on cybercrime and data breaches which have grown exponentially even when compared with the start of the pandemic. A systemic threat of cybersecurity risks is the talk of most boardrooms. But while awareness is growing many directors simply are unsure if they have the information and tools to effectively handle today’s dangers. The massive digital transformation requires robust cybersecurity and privacy laws. The Indian government must put in place far more effective mechanisms to regulate cybersecurity and cybercrime effectively.
Can you share a particularly challenging or memorable deal you’ve worked on? How did you navigate complexities to ensure a successful outcome?
There are many that come to mind, but I will talk about one. I was in Europe for business and had to travel to the US for client meetings. Meanwhile, the Iraq war started which led to companies imposing travel embargoes. I had a tricky transaction that was to close later that week in Delhi. The business and legal team of the client wanted me to travel to India but I had commitments. I managed to convince them to let me stick to my travel schedule, and committed that I would be available to work with my team and the other side according to Indian time that week to ensure closing occurs timely. They agreed. As I was about to board the plane for New York, I got a call from my colleague in Delhi who said there was a problem, which was really an issue of the counterparty. They realized and announced at the last minute, but the effect was the deal could be in jeopardy. We needed to inform the client, and I had to board my transatlantic flight. Oh, and the colleague was to wrap up work on this file and then leave for her wedding, which was 2 weeks later. I felt the flight from London to New York was crawling and just felt helpless due to lack of knowledge. Eventually, I succumbed and asked for a satellite phone, rang my office in Delhi and got all the facts. I knew the client would be unhappy to hear of the developments. Upon landing in NY, I connected with the business and legal people at the client where one was ready to call off the whole thing, while the other wanted to proceed.
The problem was that we needed regulatory intervention, and it is always tough to predict the duration a government agency may take. So, there were several moving pieces, and we had no idea how long the closing could take. I told the client if they wanted to proceed, I would find a solution. I canceled my meetings in the US for the next few days, went to a travel agent and bought a ticket to fly to India. I must have been in the US for 5 hours from landing to heading again to the airport. I returned to Delhi as fast as I could, went directly to the office and stayed there for a week. We delayed the closing by a few days, drafted additional contracts to address the new developments which were negotiated each night between 10 PM to 2 AM and, finally, managed to get to the finishing line a week after the original scheduled date. It was tough both physically and mentally as I did not sleep for 3 or 4 days at all but worked non-stop. The satisfaction of a successful outcome with all sides happy was the adrenalin rush that kept us all going!
Juggling a dynamic legal career and contributing to various committees and associations can be challenging. How do you maintain balance in your professional and personal life? Any hobbies or activities that you turn to for relaxation?
Balance does not come easy for anyone, and it needs both method and time and for long-term gains, it is important to cultivate resilience. I meditate regularly, read, take time out for fitness, and find periods of silence, all of which is therapeutic. Then, my closest childhood friends are my rocks and always there for me, when I need to talk. I also think it is essential to create boundaries, personal and professional. I never did that for the longest time when I was building the firm, but I encourage all my colleagues to do so and do so myself as well now.
Looking ahead, how do you perceive the future of legal practice, especially considering the evolving dynamics of international business and technological advancements? What advice would you give to the coming generation of lawyers?
The legal landscape is at a very interesting phase undergoing rapid and radical change. Boundaries have blurred with digital and technology transformation. Then, competition has increased exponentially, putting pressure on firms and lawyers to be increasingly open to innovation. While the legal industry is known for sticking to tradition but for practices to thrive, lawyers must be aligned with developments in technology and emerging areas of practice, focus on building skills and learn effective, consistent communication, both internal and external. Never forget clients demand efficiency, transparency, personalized service. I firmly believe lawyers have the potential to seize challenges and convert them to opportunities.
Varun, it’s a pleasure to have you for this interview. Could you please introduce yourself and share a bit about your journey and your current role as the Global Head of Legal and Business Solutions at Lighthouse Canton?
Thank you for inviting me for this interview. I began my legal career back in 2007-08. Predominantly, I have always been a law firm lawyer before joining Lighthouse Canton as their Global Head of Legal and Business Solutions. I would bifurcate my career into two parts wherein the first part was spent at Dua Associates where I began as an Associate and continued for almost a decade. Thereafter, I was a Partner at PSA Legal Counsellors, and Desai & Diwanji, respectively. At Lighthouse Canton, I oversee the legal function, which is self-explanatory. The other function that I oversee is business solutions, which is essentially at the heart of the wealth management business of Lighthouse Canton, which has 2 main businesses wealth and asset management. While legal has a broad range and would cover arrangements on asset management, HR and myriad other areas across the organisation, business solutions cater to HNIs and UHNIs who are on the lookout for niche tax/other structuring solutions, setting up an offshore family office, flipping their current structure, succession planning solutions and so on.
Varun, you pursued your Master of Laws (LLM) at NYU in New York and now hold a prominent position in Singapore. How did your education in the U.S. influence your career path, and what prompted your move to Singapore?
Education in the US is an incredibly enlightening experience. Not only is the method of instruction different from that in India or England, but the culture and approach towards education per se are distinct. The focus is on discussion, rationale, understanding and analysis, and your age or current vocation does not matter. There is no limitation to acquiring or enhancing one’s skill set. Ideally, I would have liked to work in the US for some time at least. But as they say, man proposes and God disposes. Shortly after I began my LLM program the world was hit by something called the subprime mortgage crisis, a global recessionary situation wherein the US was the epicentre of this economic earthquake, and I was one of those right in the middle of it. That apart, the US, especially New York, teaches you a lot about life in general. One of those things is self-reliance or sufficiency. If you are open to the idea, you could discover yourself in such a situation. Let’s face it. The LLM program at a premium varsity abroad is expensive for the average person. So, one would like to procure a work opportunity in the US to obtain exposure and recover the hefty tuition unless one manages a scholarship. The latter was on my agenda, but that discussion is for another day, I guess. Law firms in the US are extremely professional. Thus, even rejections to my request for placement were kindly worded and came to me in sealed envelopes. Other than the fact that you are away from home/family, an existing economic crisis only has a compounding effect on one’s self-esteem. However, sometimes, such a situation only makes one stronger, and it’s not in my DNA to give up easily. Thus, I took everything with a pinch of salt and made my way back to India. To clarify, Singapore was not on my agenda then.
Can you share insights into adapting to the legal and business environment in Asia after your experiences in the U.S.?
Honestly, the first time I thought about Singapore as a place where I could work and live was when I was transiting from Singapore for a holiday in 2015. The layover was longer than usual for some reason, so we opted for the free city tour that Singapore Airlines does from the Changi airport. It is an interesting tour for someone who has never been to Singapore. I had already been here twice and thought that I was aware of the city, but things were to change. The island country had changed a lot from the days when Orchard Road was the city centre and the Merlion stood tall at Sentosa. Now, there was a thriving central business district at Raffles Place/Collyer Quay and the city had transformed itself in more ways than one. So, yes, the thought did cross my mind, but I was too preoccupied with what I was already doing so I did not follow through. It was only in 2021-22, when the opportunity with Lighthouse Canton came along that I put my mind to it and began a detailed investigation into the possibility of moving to Singapore. Singapore and the US are very different from each other. One of the major factors is the sheer size, demographics, and population of the respective countries. There is no second-guessing about Singapore’s position as the financial hub of Southeast Asia. Further, the law and order promulgation, enforcement, political stability, and swift and efficient judiciary make it a force to reckon with not only in Asia but also in the world. As Singapore is a common law country, the basic structure of all laws is like other common law countries with subtle nuances to the same. The banking and finance industry is at the centre stage and almost all global corporations and conglomerates have a significant presence here. Honestly, the pressure to deliver never changes if you take your work seriously and have the desire to grow personally and professionally. So, while there could be a difference in approach, there is no compromise on quality.
You’ve had a diverse and extensive career, ranging from private practice at law firms to your current global leadership role. How has your journey, including experiences at Desai & Diwanji, Priti Suri & Associates, and Dua Associates, shaped your approach to legal and business solutions?
It has been a rather interesting journey wherein I have worked with two large firms and one boutique law firm. I began my career at Dua Associates, so a large part of my initial learnings came from here. I was fortunate to report to a senior partner with rich experience behind him. While that meant that expectations were always high, I had the opportunity to learn, sometimes by simply observing my senior and some other times by asking the right questions of him. One needs to understand that this process necessarily involves unbiased introspection as otherwise, you will not be able to upskill, improve yourself and identify the chinks in your armour. Further, another important thing is to know what to learn and imbibe and what not to. Of course, that comes with experience, age, and wisdom. By the time I was at PSA, I was relatively senior and joined them as a partner. Also, as it is a boutique law firm, the manner of operations was very different from that at Dua Associates. However, as we were a lean team, everyone put that extra effort to make things happen and sometimes the energy you create in such situations is contagious to others too. It was here that I unlearned some of the things that I had learnt as I identified and learnt some things that were better and contemporary than what I was accustomed to previously. One needs to appreciate that learning is a continuous process and one must continue to upskill themselves and sync with the present. While I had already begun the process of developing my own book, it was at PSA, that I shifted gears and opened my mind to different possibilities at work. Working at both these wonderful organizations gave me an insight into setups that were traditional and a heady mix of modern and traditional. My last law firm stint before Lighthouse Canton was at D&D, wherein I worked closely with the other partners. So, yes, I was back to a large law firm setup but the manner of functioning of the organization was again distinct from what I had seen in my earlier firms. As I said, the learning never stops. One needs to be a good observer and listener to identify what should be done and also what should not be done in a particular situation. Working at these firms was an enriching experience that shaped my career for the better and made me a better lawyer and a person.
As the Global Head of Legal & Business Solutions, you provide legal support to wealth and asset management businesses. How do you strike a balance between addressing legal intricacies and facilitating business solutions, especially in the wealth management sector?
Interestingly, there is an overlap between the legal and business solutions functions. As mentioned earlier, business solutions involve providing structuring solutions to HNIs/UHNIs, that are tax efficient. Further, a client may have successional planning requirements, which is akin to private client practice at law firms. At Lighthouse Canton, the main difference is that client requirements will typically mostly be at a global level, unlike a law firm wherein you may still engage in domestic mandates and transactions. Also, at law firms, we would typically engage a local counsel when catering to the laws of a foreign jurisdiction. However, with business solutions, there is an expectation to have a preliminary handle on foreign laws too. For instance, one will have to examine legal regimes across jurisdictions to appreciate the tax impact for a particular client. It is pertinent to note that this will change depending on the situation, objectives, and asset locations of a client. Similarly, succession planning solutions will also require us to assess the best option available globally, to address a client’s needs and objectives. Of course, we will engage with local advisers as and when necessary. Thus, it is fair to say that my legal background is critical in enabling me to deliver requisite solutions to our wealth management clientele.
Your role involves executing wealth management pitches for UHNI prospects, including conglomerates and founders. Can you share an interesting experience or a successful pitch that stands out in your memory?
There have been many such experiences that are worth remembering or mentioning. But one needs to understand that a pitch to provide a solution becomes even more interesting where there is interplay between multiple jurisdictions, or where there is some uncertainty in applicable laws. A classical situation that arose some time ago was when we were prospecting a conglomerate for setting up its family office in Singapore. For this purpose, the prospect would make overseas direct investment/ODI from India under the new route for operating companies in India, as introduced by the legislature in August 2022. Interestingly, while on paper, which is also backed by a law firm’s opinion, this route is still available, practically it is not possible due to certain informal communication to authorised dealer banks, who are no longer willing to allow remittance through this new route. Again, this is one amongst several instances that have been extremely intriguing and interesting.
Among the diverse legal projects, you’ve been involved in, is there one that stands out as your favourite? What made it particularly memorable or rewarding?
This is a tough one. I have been party to many and it is hard to place a finger on anyone. However, let me share one of them for our audience. The thing in legal practice is that favourites will change with time. This is so because at a later point in time, hopefully, one will be more experienced/skilled and the same thing that was interesting once may appear mundane now. In a particular instance, I met someone for a business development meeting at their office. We spoke for an hour about various businesses and issues that the group was involved with and areas where I could help the organization. The meeting was with the CEO himself. About a week after our meeting, he sent me a text saying I liked what you told me about securing our group’s IP. Let’s begin with that and see where we go. From there, I ended up assisting the promoter on their private client matters and other issues that the group was facing from time to time. Even today, I am in touch with the gentleman and my highest reward is not the billing that happened but the faith he reposed in me in executing different kinds of tasks for the group. I am ecstatic that I earned a person while earning my livelihood.
Outside of the legal realm, what are your personal interests or hobbies that bring you joy and relaxation? How do you unwind from the complexities of legal leadership?
Now we are talking. I love my music, food, outdoor sports, and spending time with family including my extended family and specifically, my grandparents. I firmly believe that one should not forget that later our grandparents and parents will need us just the way we needed them earlier (and still do). As an aside, I am agnostic to the genre/kind of music or food as the music should sound nice and the food should taste good.
In your career, you’ve worked across various legal domains, from general corporate to private client and intellectual property laws. How has this diversity contributed to your skills, and what advice do you have for legal professionals looking to diversify their practice?
Interestingly, nowadays most law firms have lawyers who operate in silos in terms of practice areas. While that can be a good thing for some practice areas, for some others, it is my view, that it inhibits growth. So, if you have the choice to diversify your practice areas, please do. However, keeping in mind how most law firms will have specific practice area-based departments, it makes sense to bifurcate your skill sets between your core areas and those that move around them. This is crucial from most large law firm’s perspective. Interestingly, in a smaller law firm (and some larger ones too), or in-house role, the more diverse your practice areas are the better it is for you and your growth. While it makes sense to augment your skill set, you must choose your areas wisely both in terms of your core areas and the then prevailing trends and opportunities.
As we conclude, we’d love to hear your perspective on the importance of continuous learning in the legal profession. How do you stay updated on industry developments, and what role does ongoing education play in your career?
As I have already acknowledged, learning is indeed a continuous process. Personally, I keep my eyes and ears open concerning anything that affects my current work profile, or that may otherwise have any relation to the same. As you would appreciate, with the global role, my canvas is quite large. So, I need to keep painting when the opportunity arises while the canvas keeps on expanding itself. We also indulge in external trainings, that can enable us to improve our work and knowledge especially those in relation to Lighthouse Canton’s wealth management business. Thus, ongoing learning and education are critical for my functions.
Can you tell us about your journey and how you ended up pursuing a career in law? What motivated you to choose this profession, and did you always envision yourself working in diverse areas of law?
The first time I studied the Constitution in school, I was amazed that a single ‘document’ defined our nation, government, laws, freedoms, rights, duties, everything. This got me very interested in the law. As I grew up, becoming a litigator became my default option. Although I was open to exploring other options, nothing else has ever appealed to me.
After graduating from law school, I was keen on exploring diverse areas of law. In the first few years of my profession, I decided to join law firms that would give me opportunities in as many areas of law as possible. Litigators are always advised to start out at the trial court. So, I joined a firm where I was part of a team handling civil and criminal matters at the trail court.
In the first five odd years of my career, I was able to gain experience in civil litigation, criminal litigation, arbitrations, regulatory litigation, company litigation, intellectual property matters, consumer matters, tax matters etc. Working in diverse fields in the initial years kept me motivated and gave me the confidence to take on any kind of matter. Even now, having a diverse portfolio of work not only keeps me motivated and excited but also enables me to provide clients with comprehensive and practical advice.
With over 15 years of experience in civil and commercial litigation, arbitrations, regulatory litigation, and criminal litigation, you’ve had a rich and varied career. What would you say has had the most impact on your professional growth?
The most memorable and impactful experience for me has been working with excellent seniors, colleagues, and clients over the years. Any complex litigation is always a team effort. Litigation teams mostly work long hours in close quarters. They see each other’s good sides and bad. They challenge and push each other every day. This team dynamic is crucial for every litigator and perhaps plays the most important part in forging your skills.
Your work seems to span across numerous sectors, from Infrastructure & Real Estate to Banking & Finance to Information Technology. How do you manage to stay well-versed in such diverse areas of law and provide effective representation to clients in each domain?
It is not only important to identify the areas of law that interest you, but also the areas of law that you have an aptitude for. Once you identify these areas, you need to dedicate some study time every day. I feel that the best way to understand an unfamiliar area of law is to read judgments. I try and read every judgment passed by the Delhi High Court and the Supreme Court in the areas of law that I practice in. It takes a lot of time and discipline, but the insights that you gain are invaluable. Other than that, there are so many good resources to keep yourself updated these days. It is also crucial to meet your clients and other experts in the field and understand the latest developments and issues being faced by them.
Arbitrations seem to be a prominent part of your practice. Could you walk us through some of the challenges in handling arbitrations and how you successfully navigate them?
One of the major reasons that parties choose arbitration is to free themselves from the procedural rigors of civil procedure. The irony is that arbitration procedures have become more and more complex and unpredictable with time while civil procedure is becoming more and more streamlined. The law of arbitration is ever evolving, and legal positions flip every now and then. The recent judgments on Stamp Duty and Arbitration Agreements are a case in point. Therefore, it is very important for an arbitration lawyer to be updated on the present legal position and to anticipate future issues. Failure to do so can land your client in endless procedural hurdles which can take years to resolve.
Apart from procedural issues, arbitrations are very fact intensive. For instance, high-stake infrastructure arbitrations normally relate to projects that have taken three to five years to execute. These arbitrations usually involve some technical and scientific issues. There is usually an immense amount of correspondence, records may be scattered, or unavailable, key personnel may have left and so on. Therefore, it is very important for an arbitration lawyer to master the facts to a greater degree than may be required in other proceedings. You need to put yourself in your client’s position and understand the situation that prevailed on the ground. Unless you do this, you cannot present the facts in perspective and ultimately, you will find it difficult to build upon your legal submissions.
You’ve also represented clients in proceedings under the Insolvency and Bankruptcy Code. How do you approach these cases?
The IBC is certainly a work in progress and there are several challenges for every stakeholder. Promotors and Corporate Debtors would say that the law is draconian; Financial Creditors would say that they are frustrated with significant costs, delays, and haircuts; Operational Creditors would say that their interests are not adequately protected; Resolution Applicants would say that they do not get the clean slate that they paid for; the Government and Regulators would say that their claims are being undermined; the Tribunals would say that they are flooded with thousands of petitions and do not have the infrastructure they need.
While representing clients in IBC matters, your approach depends on the needs of your client. When representing Creditors, your goal is to get the petition admitted expeditiously. On the other hand, when representing Debtors, your goal is to oppose the admission of the petition or at least provide your client some time or leverage to be able to negotiate a favorable settlement. Representing Creditors and Debtors has its own challenges, but like any litigation, implementing a winning strategy requires preparation and experience.
Representing clients in commercial disputes is undoubtedly demanding. What does it take to be a good commercial disputes lawyer?
Commercial disputes are very aggressively litigated because of the financial stake involved. When the stakes are high, there is absolutely no scope for any weakness or mistakes. Your pleadings and arguments need to be perfect and precise. Achieving this level of perfection is not easy unless you are willing to work towards it. To handle commercial disputes effectively, you need to have a certain degree of business acumen and a good understanding of the industry. Apart from this, you need to have a strong grasp of contract law and procedural law. Your is not only to resolve the dispute, but to do so as effectively and efficiently as possible.
Besides litigation, you have extensive experience in advisory work, providing opinions on commercial contracts, regulatory matters, environmental protection, and more. How do you balance the responsibilities of advisory work with the demands of litigation?
Balancing litigation and advisory can be challenging at times, but both complement each other. I believe that you can give your clients better advice if you have experience of litigating similar issues in court. Similarly, you can represent your clients better in court if you have been part of the transaction at the implementation stage. For instance, while reviewing a contract, a litigator can provide a new perspective on liquidated damages clauses, limitation of liability clauses, non-compete clauses, dispute resolution clauses and so on. Similarly, if you have advised your client when the contract was being negotiated, you have a better understanding of the transaction and the intent of the parties and can provide better representation should the matter go into litigation.
In your secondments with GE India and Wrigley India, you took on in-house roles. How did those experiences differ from working in a law firm, and what insights did you gain from those roles?
There is a world of a difference between working in a law firm and working in-house. The expectations and requirements are very different. Both have their own advantages and disadvantages. To succeed in either role, you require the same basic legal skills, but you apply these skills very differently. The common thread is that, in both cases, your job is to protect the interests of your client. When you are in-house, you have only one client and when you are working in a law firm you have multiple clients. If you understand this, you can easily transition from one role to the other.
Working in-house for some time in the early parts of my career gave me great insights into what in-house legal teams expect from their external counsels. I also understood the day-to-day challenges that in-house legal teams face. This is something that many external counsels do not even consider. At the end of the day, we are providing a service to our clients and understanding their challenges and expectations is crucial.
As an accomplished professional with years of experience, what advice would you give to fresh law graduates who are just starting their careers in the legal field?
The cliché advice about hard work and constant learning holds true without exception. Apart from this, fresh graduates should seek out good mentors and actively build a strong professional network.
Sachin, your professional journey is quite impressive, spanning the realms of pharmaceuticals, law, and intellectual property. What sparked your curiosity in Intellectual Property, eventually leading you to become a partner and patent Attorney at K&S Partners?
My first exposure to Intellectual Property is in my academic life when I was pursuing M.Tech. (Pharmaceutical technology) from NIPER, Mohali. We had a course curriculum that also includes a 6-month course on Intellectual Property (IP) conducted by the head of the IP cell of NIPER Mohali. There, I got to know about Intellectual Property rights and general patent laws across the world. My first-hand experience in patent drafting was from my research project on anti-cancer molecules. I myself conducted prior art patent searches and drafted two patent applications at that time in the institute, which were also granted by the Indian Patent Office later on during the examination of the applications. I think that was the time that sparked my curiosity towards Intellectual Property rights, particularly patents and the intersection of science and law.
Achieving All India Rank – 1 in the Patent Agent exam is a significant accomplishment. Can you share some thoughts on the perspective on patent law and the role it plays in innovation?
Indeed, clearing the patent agent exam that too with AIR-1 is a memorable achievement for me. I think patent law motivates innovators to create something new for the benefit of society at large. Patents drive innovation and create a significant impact on the ground. Innovators disclose their inventions in return for an exclusive monopoly for 20 years. After 20 years, the invention is open to the public for its use. This way, both are benefited, and the innovation cycle keeps on evolving.
Being recognized as a Rising Star and Notable Practitioner by Managing Intellectual Property is a significant achievement. How do you balance staying at the forefront of your field?
I thank all my colleagues at K&S Partners for guiding me and making me what I am today. I think the IP landscape in India is changing at a fast pace. All the stakeholders in IP – government/private are really contributing to the country’s evolving IP landscape. I try to keep abreast of the latest developments in Intellectual property, particularly patents and any policy updates in this area. Importantly, I also learned a lot of things related to the peculiarity of patent matters of my clients during prosecution before the Indian Patent Office. Overall, as usual for other law subjects, this field also requires regular upgradation of knowledge/understanding of patent laws.
Your research on the anti-cancer domain earned you the Best Poster Award from a Nobel laureate. Can you tell us a bit about the research and have you patented this anywhere?
The research was on an improved process for preparing some anti-cancer compounds. Normally, preparing said anti-cancer compounds at that time was very tedious and time-consuming with very little yield in previously known methods. We, as a part of the research team, developed certain new efficient processes and validated the same in labs. Finally, we presented a poster at a scientific conference in CDRI, Lucknow. Fortunately, my poster was selected for the best post award from a Nobel Laureate Dr. Grubbs who pioneered in olefin metathesis chemistry. We did file the patent application in India for said new processes and secured the grant from the Indian Patent Office.
In your 13 years of professional experience, what challenges have you encountered, and how have you innovatively addressed these challenges for the benefit of your clients?
As I practice in the pharmaceutical/chemical area, I have handled numerous contentious issues that arise during prosecution of patent applications in India. I have also dealt with several patent oppositions filed by Opponent by way of pre-grant or post-grant opposition. I always make sure to inform my clients timely and my recommendations for any case and seek their inputs. Sometimes, experimental data/additional information is required for defending patent applications and I accordingly try to strategize the case based on the facts/merits of each matter.
Beyond your professional life, what are your personal interests, and how do you ensure a balance between your demanding career and personal pursuits? Additionally, how do you stay updated on the latest developments?
I love travelling and like to explore new places. In any demanding career, it is also equally important to take out some time for your mental well being. I personally always try to balance work demands and personal goals and take breaks as and when required.
To stay updated with the latest development in IP, I strongly recommend cultivating a habit of reading. I personally mark the important articles/judgements in my area of interest and read in my available time.
Given your extensive experience in patent prosecution and enforcement, what advice would you offer to aspiring patent attorneys or those considering a career in intellectual property law?
IP is a lucrative field and I am noticing that a lot of law/science graduates are willing to pursue IP as a career option. For aspiring patent attorneys, I would strongly recommend having strong technical expertise in scientific research in the first place and at the same legal acumen to comply with the Indian Patents Act. It is important for them to have a basic understanding of the Indian Patents Act.
Case laws are really helpful to know beyond the legal language of Patents Act and to be able to provide practical advice in each patent case. Particularly for students of pharmaceutical/chemical background, I strongly suggest having a general understanding of Section 3 of the Patents Act since lot of objections from Indian Patent Office falls within this category and how they can deal with the same.
Government conducts patent agent exam every year and a thorough understanding of the Indian Patents Act and rules thereof is required to pass the exam to become eligible to practice as a patent agent before Indian Patent Office.
Nitin, we are extremely delighted to have you with us for this interview. Could you please introduce yourself and share the key milestones in your professional journey that led you to become a Partner at Agama Law Associates?
Corporate law firms are a testament to the spirit of finding lateral solutions. Being one of the partners managing an established yet ever-expanding corporate law practice, I embrace business agility and dynamism. And I think, serendipitously, every milestone in my professional journey set me up for it.
Even before ALA, I have seen legal problems not just through the lens of arguing notable cases, but also through strategic contributions, ultimately culminating in my current role. I was fortunate to wear both hats. It helps to see legal issues from 360 degrees which my role in the house lent itself to Day-to-day contractual and compliance issues, transactions as well as disputes going hand-in-hand at all times leaves very little to be overwhelmed with. Corporate systems are the added icing on cake, demonstrating how everything can be tackled so long as there are systems. On the other hand, being a practitioner I had a front row view to the action in court, the understanding of procedures, the art of drafting was absorbed from the best – the solicitor chambers. Everything has been imperative to now being capacitated to work out client solutions that are not half-baked or with gaps on the practical perspectives.
Your professional journey includes senior management positions in various industries, blending in-house and external legal counsel roles. How has this diverse experience shaped your approach to handling commercial disputes, compliance, and regulatory matters at Agama Law Associates?
A lot of business has to do with expectation management, and there’s nothing better than watching the interplay of multiple sectors as one from within them, to understand various concerns. My journey as In-house Counsel working with logistics, automobiles, chemicals and nutraceutical industries has provided me with a holistic understanding of varied business dynamics. This, coupled with my legal expertise, enables me to approach commercial disputes, compliance, and regulatory matters at Agama Law Associates with a strategic and business-oriented mindset. I strive to align legal strategies with overarching business goals, fostering effective resolution.
What can readers learn from your extensive experience navigating the international arbitration domain?
Certainly, one standout moment was successfully representing a client in a high-stakes international arbitration. Navigating intricate cross-border legal nuances and securing a favorable outcome not only showcased the depth of my expertise but underscored the importance of meticulous preparation and a strategic approach in the realm of international arbitration and specially when we have not only got a favourable result for our clients but made a win -win for both parties, which made a memorable moment.
Beyond your legal prowess, you’ve been acknowledged as India’s Super 50 Lawyer by Asian Legal Business and listed in the 100 Top Lawyer A-List by India Business Law Journal. How do you stay grounded amidst such accolades, and what role do these recognitions play in your professional journey?
I remain cognizant of the fact that accolades are a reflection of collective efforts of the entire team and not of an individual. These recognitions also serve as reminders to stay committed to excellence and continuous learning. They reinforce the responsibility to uphold high standards in the legal profession and inspire me to contribute to the legal community at large with fostering a positive impact on clients.
In your role at Agama Law Associates, you focus on developing legal strategies for corporate clients’ new ventures and acquisitions. How do you strike a balance between legal diligence and fostering business growth, especially in the context of complex corporate disputes?
With Agama’s varied sector experience and having seen challenges for mid-size legal entities to large corporate’s, have a repository of the issues faced by the clients and providing them timely legal strategy and solutions, by anticipating their challenges I actively collaborate with stakeholders, aligning legal strategies with business objectives. This synergy ensures that corporate disputes are addressed strategically, promoting not only legal resilience but also contributing to the overall success and sustainable growth of our clients’ businesses.
Your involvement as a speaker and author reflects your commitment to thought leadership. What drives you to share your insights, and how do you think such knowledge-sharing events contribute to the legal community’s growth?
I’m driven to share insights because knowledge-sharing is integral to professional growth. By participating in speaking engagements and authoring content, I contribute to the collective wisdom of the legal community. These exchanges foster a culture of continuous learning, enabling practitioners to stay abreast of industry trends, best practices, and innovative approaches. Ultimately, such knowledge-sharing events serve as catalysts for the legal community’s growth, nurturing a dynamic and informed professional landscape.
You’ve successfully handled cross-border disputes, insolvency restructuring, and business regulatory advisory. Can you share a challenging situation you’ve encountered in your career and the key strategies you employed to navigate it successfully?
Cross-border disputes are challenging because of the web of regulatory intricacies – regulation is a fluid beast to foresee and plan for and when it involves international angles, it also weaves in inconsistencies between the approaches of the regulators of all jurisdictions involved. The only strategy that stands a chance is one which considers as many variables as is possible to imagine. The starting point is always a comprehensive risk assessment. And the fulcrum that drives the process forward to fruition is to engage in, and maintain, proactive communication with all stakeholders. Collaborating with international legal experts, we crafted a tailored resolution approach that factored in both legal and business considerations. This integrated strategy proved effective, leading to a successful resolution while minimizing potential regulatory hurdles and preserving the client’s business interests.
Away from the legal arena, what are some of your personal hobbies or interests that provide a break from the complexities of your professional life? How do you unwind and recharge outside of work?
Outside of work, I find solace in reading, particularly exploring diverse genres to broaden my perspective. Recently finished reading Atomic Habits by James Clear and How to Win Friends and Influence People by Dale Carnegie. Engaging in outdoor activities, whether it’s hiking or simply spending time in nature, helps me unwind and recharge.
Considering your extensive experience, what advice would you give to young legal professionals entering the industry today, especially those aspiring to build expertise in commercial disputes resolution and international arbitration?
For young legal professionals entering the industry, my advice would be to cultivate a robust foundation in legal fundamentals while actively seeking diverse experiences. Patience and perseverance should be their Mantra, since there is no shortcut to success. Embrace continuous learning, stay abreast of industry and legal developments. Building expertise in commercial disputes resolution and international arbitration requires a combination of legal acumen covering various laws and a deep understanding of business dynamics. Actively seek mentorship and be adaptable to change. Lastly, maintain integrity, as it is the bedrock of a successful and fulfilling legal career.
Can you share with us your journey from college to becoming a Senior Partner at MZM Legal? What motivated you to pursue a career in law and specialize in white-collar crime solutions?
At the very onset, I firmly believe that my odyssey from a naïve lad residing at Nasik, Maharashtra to donning the hat of a Senior Partner at a high-end full-service law firm cannot be left at the mercy of a sole question but I shall endeavor to provide a rather satisfactory answer to the best of my capabilities.
I took to law because I had the privilege of being in close quarters with Mr. Majeed Memon, a noted criminal lawyer, who requires no introduction. It is pertinent to mention that his court craft coupled with his zeal to be an instrument of change in the lives of his clients prompted my conscience to emulate his persona. I still harbor memories of his colloquies which inspired confidence in me to join the Bar and fight for the cause of justice.
I graduated from Pune University in the year 1999 and immediately joined the esteemed chambers of Mr. Memon with the intent to learn the ropes and acquire expertise of sorts in criminal litigation. Criminal Law has been a constant source of my excitement and the idea of taking on the mighty State, which is equipped with resources to the brim, has motivated me to put on my robes and march to the Court with the Constitution on my sleeves. I was fortunate enough to assist Mr. Memon in some of the most high-profile, “talk of the town” matters which helped me shape my personality, both personally and professionally.
As they say, change is the only constant, and the world of crimes has transformed with the introduction of white-collar offenses that demand a unique modus operandi along with a position of power. Our legislature responded by introducing de novo laws in anticipation of curbing the growing tendencies amongst government officials to indulge in bribery. A couple of years down the lane, criminal litigators had to embrace anti-money laundering laws as well. A peculiar facet of a white color offense is that it is not victim specific and the repercussions of such an offense can transcend geographical boundaries. The overall economy of the country takes a toll, and the Hon’ble Supreme Court of India has time and again equated financial crimes with terrorism.
MZM Legal is widely recognized for its expertise in white-collar crime solutions. How do you see the landscape of white-collar crime evolving, and what challenges and opportunities do you anticipate in the coming years?
White Collor Crimes have evolved as an independent practice area that requires niche expertise and we take pride in being the very first flag bearer as far as the said practice area is concerned since 2005. As a White-Collar Crimes practitioner, one is expected to survey a host of documents, after having conducted detailed interviews with the client. For instance, in a mandate pertaining to corporate embezzlement, we conduct an array of interviews with the top management and the employees of the subject company, undertake forensic investigation, if required, with the object to establish the modus of the erring employee. After having done our homework, we prepare a complaint to be placed before the appropriate authority in anticipation of a thorough investigation. Further, we are also expected to subject matter experts, not only in criminal law, but also in corporate laws, securities law, etc. to advance a well-rounded strategy for our clients. A White Collor Crimes practitioner should have a commercial bent of mind and should also understand the nuances of running a business to decipher irregularities in the books of his clients.
With the advent of technology, we are on the cusp of venturing into the unknown, as White-Collar offences become more sophisticated and challenging to say the least. However, the Investigating Agencies are also expected to keep up with this change and adopt continual training methods to ensure that their officers are abreast of relevant developments.
MZM Legal has received numerous accolades and awards. What, in your opinion, sets MZM apart in the legal industry, and how has the firm maintained its reputation as a market leader?
For starters, we are a young law firm (18 Years old) which is well endowed with the capability to adapt to the changing demands from the industry. We are always on the lookout for fresh talent that would bring in a new perspective on the table. We expect all our lawyers to contribute to the success of a mandate and your seniority at the firm is hardly of any relevance and is curtailed to our visiting cards. It should also be noted that under the dynamic leadership of our Founding and Managing Partner, Mr. Zulfiquar Memon, we have strong relationships with leading lawyers, Senior Counsels domestically and Solicitors and KCs internationally.
We believe in nurturing and promoting home-grown talent with the intent to bolster their growth and to ensure that they transform into market leaders of tomorrow. We encourage the philosophy of hitting first, hitting hard, hitting quick and hitting often to secure the interests of our clients.
In the realm of international exposure, what challenges do you find most intriguing when dealing with cross-border disputes, and how do you navigate the complexities involved?
A cross-bounder dispute comes with its own set of unique challenges. We are expected to read up on the law of a foreign land, that might not even be a common law country to begin with. We are also expected to liaison with foreign attorneys, working on a different time zone, to expedite judicial processes. It should also be noted that what might work in India might not work in the subject country and that is where we engage local talent to assist in traversing uncharted territory. We are also expected to be through with the law on extradition, FCPA, UK Bribery Act, MLAT, International Conventions and treaties between the countries. There is always a cross-referencing understanding between us and our international legal counterparts. Having said so, we are on their speed dial when they face any issues in India where we have exceeded their expectations in terms of delivery.
In your 24+ years of advocacy experience, what are some key changes or trends you’ve observed in the Indian legal system, particularly in the realms of white-collar crime and dispute resolution?
Ans: As a hardcore defense attorney, I must mention that I have observed a stark departure from general tenants of criminal law when it comes to analyzing and scrutinizing the newer breed of legislation. For instance, the rigors of twin conditions under special legislations to secure bail have reduced the grant of bail to an exception. Investigating Agencies have garnered unbridled, unfettered, and unabated powers through legislative and judicial intervention wherein personal liberty of the accused goes for a toss.
We need to account for novel, innovative and shrewd methods being deployed at the behest of the accused to commit financial crimes. As Lawyers, we are expected to be best friends with technology, not only to understand such nefarious methods but also to explain the same to a Judge.
As far as dispute resolution is concerned, the growing demand and acceptance of Alternative Dispute Resolution is a welcome change which prevents docket explosion and is also a much faster and cost-effective means to settle disputes outside the Court.
As a senior partner, you’ve been involved in some of India’s most complex investigations. Could you highlight a particularly challenging case and share how you and your team navigated through it successfully?
This question takes me back to my first day in Court. I had the privilege of wearing my band and my gown for the first time, on my first day at the Bar and under Mr. Memon’s instructions, I had to appear before the Court of Justice Rajana Desai at Hon’ble High Court of Bombay to pray for an adjournment on account of personal difficulty of my senior.
We had filed for bail for our client, who was accused of attempt to murder. Fortunately, I had read the file and the Hon’ble Judge insisted that I argue the matter. I would like to bring to the knowledge of all my young readers that those were the days where the goddess of technology was yet to bless us with smartphones, equipped with multiple messaging platforms which would have facilitated instant communication with my seniors.
I cliched my toes and initiated my arguments. After some time, Mr. Memon walked in but to my surprise, the Hon’ble Judge instructed Mr. Memon to permit me to finish my arguments. Here I was, who was not only arguing a matter when the instructions were to seek an adjournment but had the “audacity” to continue even when my senior was in attendance. To me, this was “double jeopardy”.
By God’s grace, the Hon’ble Judge was pleased to grant me bail and also commented that she would not have granted bail to my senior, had he argued the matter. To this day, the said memory functions as an instant confidence booster for me.
Outside of your professional life, what are your personal interests or hobbies that you find rejuvenating, especially considering the demanding nature of your work?
Well, as a litigator, I am always on duty. The nature of assignments on my work table warrants a round the clock availability. However, I enjoy working out and tend to spend more time with my family. I also enjoy travelling international as and when my schedule permits. I have a knack for exploring new cultures and meeting new people.
Is there a particular aspect of your journey or a recent achievement that you’re especially proud of and would like to share with our readers?
I started this journey with a meager salary of INR 5,000/- in a city like Bombay. By the grace of God, blessings of my parents and well-wishes of my seniors, today I cater to national and international clients and appear before various High Courts and the Supreme Court of India on a regular basis.
I had the privilege of appearing along with Mr. Memon for Mr. Anna Hazare’s PIL concerning Telgi Scam before the Hon’ble High Court of Bombay wherein the Hon’ble Court was pleased to order the arrest of the then Commissioner of Police, Bombay. We also appeared in the Namdeem Saifi’s extradition case where the Government of India was directed to pay One Million Pounds to our client towards Costs while refusing the request of his extradition. Do recall my answer to Q.1 where I talked of taking on the State for context.
As an expert in litigation and alternative dispute resolution, what advice would you give to aspiring legal professionals who aim to excel in these areas, considering the evolving landscape of the legal industry?
Rome was not built in a day. Behind every overnight success there is twenty years of hard work. Also remember the three “I” s which are essential for a fruitful career in litigation, namely Intelligence, Industry and most importantly, Integrity.
Could you introduce yourself and share a brief overview of your journey from college to becoming a Partner at Fox Mandal & Associates LLP?
I am Saurabh Bindal, a Partner at Fox Mandal & Associates LLP, heading the Disputes and Litigation practice of the Firm in Delhi. I did my Engineering and thereafter, decided to pursue Law from the reputed Indian Institute of Technology, Kharagpur, India. Thereafter, I started practicing in a reputed Intellectual Property Law Firm in National Capital Region. After a short stint at the Firm, I realized my calling to be a litigation and disputes Lawyer. Subsequently, I have worked with different Law Firms in the past in various capabilities.
In my current role, I render dispute resolution support to clients on issues relating to Arbitration law, Intellectual Property law, Privacy law, Information Technology law, Constitution, Company Law, Contract Law, Employment Law, Electricity Law, Insolvency and Bankruptcy Code.
I have eight books to my name and several publications in leading journals. I like to speak on different facets of law and have had the opportunity to represent my clients in different forums, in India and abroad.
With significant experience in diverse areas of law, including Arbitration, Intellectual Property, and Employment Law, what inspired you to pursue such a multifaceted legal career?
Well, you know, I firmly believe that the practice of law is based on continuous learning. I try to learn each day. The inspiration to learn is something that keeps me motivated in life. I have worked on different facets of law as that motivates me to grow. One must find a purpose in life. For me, I tend to believe now that my purpose was in the practice of law. Once, you start practicing law, you must be internally inspired to keep the channels of learning open.
As a Partner at Fox Mandal & Associates LLP, you lead the Alternate Dispute Resolution and Litigation practice. Could you share some insights into the challenges and successes you’ve encountered in this role?
The role I am currently engaged in is quite challenging. Each day there are new hurdles, and you have no other option but to live it up to them. As a leader, one must take everything as a part and parcel of life. In life, your failures become your teachers and your success your enemy. I believe it will be very difficult to point out every challenge faced by an individual in her or his role. However, after some point of time, with one’s hard work, every challenge a person faces in life sometimes becomes an opportunity to strive forward. The only insight I could share with the challenges faced by me in my role is that each challenge has taught me new ways to live a meaningful life.
Aside from being a legal expert, you’re also an author, having written several books on intellectual property law, arbitration law, and privacy law. What inspired you to delve into writing, and how does it complement your legal practice?
The person who brought me pen and paper was Dr Uday Shankar, a Professor at the prestigious Indian Institute of Technology, Kharagpur. It was he who asked me to assist him with a submission. When I look back, I give all the credit in my writing to him for his patience with me. He has been my friend, philosopher, and guide.
I would also like to give credit for my writing to Eastern Book Company. Eastern Book family, and more particularly Mr. Sumeet Malik has been very kind in holding my hands. Majorly, all my books are thoroughly reviewed by him personally and he has contributed much to my life.
You’ve been recognized as an expert public speaker. What’s your favorite topic to speak about, and do you have any memorable experiences or anecdotes from your speaking engagements that you’d like to share?
Like the practice of law, public speaking is also a lifetime learning experience. The more you do it, the more you learn about engaging the audience. I have been constantly trying to master the art. Each event I speak at, makes me realize that speaking in public is also an art, at which, I am just a novice.
Having worked with various law firms, including Desai & Diwanji and Singhania & Partners, what lessons have you learned throughout your career, and how have these experiences shaped your approach to legal practice?
I have only learnt that your hard work will get recognized in life. You will always have people around you to pray for you in life, if you are good. I have always maintained good relationships with every Firm I have left. It is a very important learning in life. This has certainly helped me in shaping my legal practice. A legal practitioner must deal with different clients and as an officer of the Court must assist the Court. I believe, my experiences in life have taught me how to interact with clients and make a long-lasting relationship with them. My work in all the past firms has also taught me that it is only your work which will define you.
Apart from your legal expertise, your profile mentions that you are an insightful writer. When you’re not writing legal pieces, do you have any personal writing projects or genres you enjoy exploring in your free time?
Frankly speaking, I used to read a lot of fiction. Lately, I don’t get time to read fiction and that is something that I miss.
As a lawyer with a keen interest in technology, what’s your take on the evolving landscape of privacy and data protection, and how do you think legal professionals can stay ahead in such a dynamic field?
Intersection of law and technology is always appealing. COVID-19 pandemic taught all the lawyers to accept that intersection. Privacy as a concept is relatively new to India. We are still to see the rules being made under the Digital Data Protection Act, 2023. For legal professionals, it will be my advice that to stay ahead in this dynamic field, they must embrace the change which the Act has brought to India. I am sure that there will be a lot of work which will flow from the Act as it has recognized right of individual to keep his digital data private and talked about the repercussions if sharing of such data leads to any breach.
As someone who has excelled in both professional and personal life, receiving accolades such as the India Business Leader Award and the Young Alumni Achiever Award, what advice would you offer to young legal professionals aspiring to achieve similar success?
My advice to young legal minds would be to read, write, laugh, and enjoy life. One must be passionate about her or his work. If law is something, that you are passionate about, I am sure that everything else will follow. It is only work that will take any person ahead in life.
Can you share the pivotal moments or experiences that led you to pursue a career in law, specifically specializing in Intellectual Property Laws?
It is said that every person has their own destiny. I had come to Delhi to crack Civil Services. Failure to crack civil services pushed me to try law. It is also true that the interest of the students in particular subjects depend upon the teacher teaching the subject. While pursuing law in Campus Law Centre, University of Delhi the discussions and interactions were very interesting, engaging and different from all the other subjects. That is what piqued my interest in the IP laws and how I decided to pursue my career in IP. My interest further grew when I started PG Diploma in Intellectual Property from Indian Law Institute and then I saw how important it was to protect ideas and creations. This realization further motivated me to explore IP laws.
This journey has not only shaped my career goals but also fueled my passion for advocating the significance of intellectual property. I am eager to use my legal skills to support and defend the innovations that drive our society forward.
Given your extensive experience in handling more than 200 litigations, could you highlight a case that significantly shaped your approach to legal practice or left a lasting impression on you?
One time, during the early days of my career, I was appearing before a Single Judge of Hon’ble Delhi High Court in an appeal against the order of the Copyright Board. I was assisting my senior who was to argue the matter and was thoroughly prepared with the matter myself. However, when the matter was called, my senior was before another court appearing in another matter. The Passover request was declined by the court and I was asked to argue the matter. I was a bit nervous but presented the facts of the case with energy. However, the Ld. Judge wanted to hear from me the application of ‘Principle of Comity’ to the case which I was unable to. The Ld. Judge then not took the time to explain the principle but also taught the same to me like a teacher. The Ld. Judge definitely sympathized with a junior caught off-guard but that experience taught me that it is not sufficient to only know the facts of your case. It is also important to know how the law applies to those facts and that there is a manner in which laws and facts should be presented before the court for understanding of the judge. I have never forgotten the ‘Principle of Comity’ since and have applied the judgment passed by the Ld. Judge in my favour in various cases handled thereafter.
You’ve been involved in various contentions cases related to trademarks, copyright, and designs. What drew you to these specific areas within Intellectual Property, and how have you seen these fields evolve over your 15 years of practice?
I was drawn to specializing in trademarks, copyright, and design within intellectual property because of their dynamic nature and the real-world impact they have on businesses and creativity. These areas require a delicate balance between protecting original ideas and allowing for innovation and competition.
Over my 15 years of practice, I’ve witnessed significant evolution in these fields. The advent of the digital age has transformed the landscape of IP laws. During my journey, just as an example, I have seen issues about exhaustion of rights in physical sale of products raised for the first time. We then reached an era of online sales and issues such as those of intermediaries and jurisdiction in cases of online sales etc. cropped up before the courts and now, we are discussing the impact of AI in all domains. The changes are not only with respect to the law but also the procedures before the courts. The advent of Commercial courts, special IP Division, digital filings etc. have also made litigation for litigators and litigants hassle-free.
The ever-changing technological and business landscape continually presents new challenges, making it imperative to stay at the forefront of legal developments. I find it both professionally rewarding and intellectually stimulating to navigate these complexities and contribute to the evolving dialogue within IP laws.
Being a regular guest on All India Radio and a guest faculty at the Indian Law Institute, can you tell us about the role of education and public outreach in your legal career and how it contributes to your professional growth?
Being a regular guest on All India Radio and serving as a guest faculty at the Indian Law Institute apart from various other Universities has been instrumental in shaping my legal career.
Engaging with the public through All India Radio allowed me to simplify legal concepts and make them accessible to a broader audience. My appearances at the AIR were not only limited to talking about IP Laws but also on various other laws which are relevant for socio-economic conditions of society.
As a guest faculty at universities, I have the opportunity to interact with aspiring legal professionals. Teaching not only allows me to share my practical experiences but also keeps me abreast of the latest developments in legal academia. The exchange of ideas with students fosters a two-way learning process, enhancing my own understanding of legal principles.
These educational and outreach activities complement legal practice providing a unique perspective about various issues and challenges faced by students and members of the public which I might not have the opportunity to otherwise encounter.
You’ve been a panelist at the Conclave of Dharmashastra National Law University on the topic of AI and Intellectual Property. How do you see emerging technologies impacting the field of law, specifically in Intellectual Property, and what challenges and opportunities do you foresee?
As a panelist at the Conclave of Dharmashastra National Law University on AI and Intellectual Property, I had the privilege of discussing the impact that emerging technologies have on the field of law, particularly IP. The intersection of AI and IP presents both challenges and opportunities.
The advent of AI has streamlined certain aspects of IP processes, such as patent searches and prior art analysis, significantly enhancing efficiency. However, it also raises challenges in addressing issues like AI-generated creations and the attribution of intellectual property rights.
Opportunities lie in leveraging AI for more robust IP protection mechanisms and the development of innovative solutions to combat piracy and infringement. Additionally, the use of AI in data analysis has proven invaluable in identifying patterns of IP violations.
On the flip side, challenges include the need for updated regulations to address the unique aspects of AI-generated content and the ethical considerations surrounding AI in the legal landscape. Striking a balance between fostering innovation and safeguarding IP rights in this evolving technological landscape is a complex but essential task.
Overall, embracing these technological advancements is crucial for the evolution of IP law, and navigating these challenges presents an exciting opportunity to shape a more resilient and adaptive legal framework.
Having conducted numerous civil and criminal raids, can you share a particularly challenging enforcement situation you encountered and how you navigated through it?
There was a civil raid in Meerut in around 2014 which comes to my mind. I along with a court appointed Commissioner was visiting a wholesaler engaged in the sale of infringing coffee. Initially, we went to the police station wherein we were declined assistance. However, considering the Commissioner had orders from the Court and there were chances of goods being removed now, since we had given information to the Police, we reached the premises directly. The entire process was obstructed and delayed by the female family members of the shop owner and during that period several nearby shopkeepers and market leaders gathered. We were surrounded by around 80-100 people who all turned aggressive and did not allow us to conduct the seizure or even go back to our car. I then spoke to the president of the market association who was leading the mob and explained to him that the infringing activity that the wholesaler was involved in was not only harming the reputation of the client but the low quality products being sold by the party was also being consumed by the public including the families of various members of the mob. After some explaining and a cool temper kept by us throughout, the mob allowed us to invent the stock, prepare a report and leave without seizing the products.
Though I must add, not all civil and criminal raids have such interesting stories. While this story does not paint a pretty picture of how sometimes civil or criminal actions turn out, this also reminds me of how a calm mind, quick thinking and easy communication can help you overcome challenging situations.
As a lawyer with strengths in team management, litigation, and public speaking, how do you balance these diverse skills in your day-to-day practice, and which aspect do you find most fulfilling?
As a lawyer and working with an esteemed organization one learns to strike a balance between these and various other aspects of being a professional. In my view, the job of a lawyer demands an all-round capability and one is tested everyday with challenges on these fronts. It is not only required of me to manage the team or prepare for various court cases or attend public speaking sessions but also to participate in other activities such as management of the Firm, attending conferences for business development etc.
Delegating responsibilities, ensuring clear communication, and fostering a collaborative environment are all aspects of managing a team which will run as a well-oiled machine. This allows me to streamline workflows and gives me the chance to undertake other works and projects. In order to achieve the same, a robust motivated team is a must. It is my philosophy that my team should pass on the complete knowledge which I possess in all fields, and that is one of the most fulfilling experiences as a professional. I also ensure that my team is motivated and properly trained to effectively complete the delegated works which not only allows me time for other endeavors but also allows them to grow independently.
Litigation requires meticulous preparation, attention to detail, and the ability to think on my feet. Prioritizing tasks, managing timelines efficiently, and staying adaptable to the evolving nature of legal proceedings are the pillars of effective advocacy. On the other hand, public speaking allows me to not only advocate for my clients but also contribute to legal education and public understanding of the law.
Looking back at your journey from law school to moderating a topic at INTA in Atlanta in 2024, what advice would you give to fresh law graduates aspiring to specialize in Intellectual Property or follow a similar path in their legal careers?
My advice to the fresh law graduates aspiring to specialize in IP or pursuing a similar path would be to (i) Build a Strong Foundation by focusing on learning and gaining practical experience in initial years of practice; (ii) Keep yourself updated with the latest legal developments and familiarize yourself with technological tools used in the legal field; (iii) Develop Communication Skills as effective communication, both written and verbal, is crucial for a lawyer. This also includes honing your networking skills which open up various opportunities for one; (iv) Be flexible to adapt to the demanding situations and conditions of the profession.
Remember, each step contributes to your growth, and perseverance is key in building a successful career.
Dr. Shrikant Hathi, it’s an honor to have you for this interview. Could you share some insights into your remarkable journey from being admitted to the Bar Council of Maharashtra & Goa to your current role as the Managing and Practicing Partner at Brus Chambers, Advocates & Solicitors, and the recognition you’ve received from prestigious legal entities?
Certainly, it’s my pleasure to share insights into my legal journey. My legal odyssey began with my admission to the Bar Council of Maharashtra & Goa as an Advocate in India then completing my master’s in law and my doctorate. This was followed by acquiring the qualification of Solicitor from India through the Bombay Incorporated Law Society. Subsequently, I expanded my horizons by successfully completing the solicitor’s examination through the Oxford Institute of Legal Practice (OXILP) (Oxford University and Oxford Brookes University), enabling me to be enrolled with the Solicitors Regulation Authority (SRA), United Kingdom, as a practicing solicitor. This dual qualification, coupled with my admission as an Advocate on Record with the Supreme Court of India, has provided me with a unique perspective on legal matters across India and the United Kingdom. Mr. Charles J E Grundy played a pivotal role in shaping my career as a shipping professional. As the Managing Partner at Little & Co, Solicitors, he served as my mentor, imparting invaluable knowledge and expertise. I owe a significant part of my understanding of shipping to his guidance and leadership during that time.
My journey to becoming the Managing and Practicing Partner at Brus Chambers, Advocates & Solicitors, has been shaped by a blend of unwavering dedication, continuous learning, and a passion for legal excellence. Over the years, I have honed my expertise in shipping, projects, and dispute resolution, particularly in ship arrest matters. This expertise has been recognized by esteemed legal entities, including Legal 500, which has consistently ranked me as a Leading Individual for shipping work in India since 2005. I am also part of the Legal 500 Hall of Fame for my contributions to shipping law
Throughout my career, I have strived to provide exceptional legal counsel to my clients, consistently exceeding their expectations. My commitment to integrity, professionalism, and client-centricity has been instrumental in building my reputation as a respected legal practitioner.
Here are some key highlights of my journey:
Admitted to the Bar Council of Maharashtra & Goa as an Advocate in India
Acquired the qualification of Solicitor from India through the Bombay Incorporated Law Society
Successfully completed the solicitor’s examination through the Oxford Institute of Legal Practice (OXILP) (Oxford University and Oxford Brookes University)
Enrolled with the Solicitors Regulation Authority (SRA), United Kingdom, as a practising solicitor
Admitted as an Advocate on Record with the Supreme Court of India
Managing and Practicing Partner at Brus Chambers, Advocates & Solicitors
Consistently ranked as a Leading Individual for shipping work in India by Legal 500 since 2005
Inducted into the Legal 500 Hall of Fame for contributions to shipping law
I am grateful for the opportunities and recognition I have received throughout my career. My journey continues, and I remain committed to providing the highest quality legal services to my clients while also contributing to the advancement of the legal profession.
Your expertise spans shipping, commercial arbitration, infrastructure projects, and more. How has your dual qualification and experience as an Advocate in India and a practising solicitor in England and Wales shaped your approach to handling diverse legal matters?
My dual qualification and experience as an Advocate and solicitor in India and a practising solicitor in England and Wales have been instrumental in shaping my approach to handling diverse legal matters. This unique blend of legal expertise has provided me with a comprehensive understanding of both Indian and English legal systems, enabling me to navigate the complexities of cross-border transactions and disputes effectively.
Broader Legal Perspective:
Dual qualification has equipped me with a broader legal perspective, allowing me to identify potential legal issues early on and advise clients on the most strategic approach to minimize risks and maximize their interests. This in-depth understanding of both Indian and English legal systems allows me to provide seamless legal advice to clients operating in a globalized marketplace.
In-depth Knowledge of Multiple Legal Areas:
My expertise in shipping, commercial arbitration, and infrastructure projects stems from my diverse legal practice in both India and England. This specialized legal knowledge enables me to provide tailored advice to clients operating in these sectors, ensuring that their specific legal needs are met effectively.
Cultural Sensitivity and Global Understanding:
Dual qualification and experience have instilled in me a deep appreciation for cultural sensitivities and global perspectives. This understanding is crucial when handling cross-border legal matters, as it allows me to build trust with clients from different backgrounds and communicate effectively with international legal teams.
Ability to Adapt to Different Legal Systems:
My experience in both Indian and English legal systems has honed my ability to adapt to different legal frameworks and procedures. This adaptability is essential for handling cross-border transactions and disputes, where legal requirements and practices can vary significantly.
Network of Contacts and Relationships:
Dual qualification has enabled me to build a strong network of contacts and relationships with lawyers, arbitrators, and industry experts in both India and England. This network provides me with valuable insights into the legal landscape and facilitates collaboration on cross-border matters.
In essence, my dual qualifications and experience have provided me with a unique toolkit to handle diverse legal matters effectively. I am able to navigate complex legal landscapes, provide specialized advice, and build strong relationships with clients and legal professionals across borders. This combination of expertise and global perspective allows me to deliver exceptional legal services to clients operating in an interconnected world.
Your career spans across India and the United Kingdom, with impressive credentials in both jurisdictions. How do you balance the legal landscapes of these two countries, and what unique perspectives do you bring to your role as Managing & Practicing Partner at Brus Chambers?
Balancing the legal landscapes of India and the UK:
Having practiced law in both India and the UK has enriched my professional journey and equipped me with a unique perspective. Balancing the legal landscapes of these two diverse countries requires an adaptable and nuanced approach. Here’s how I navigate this:
1. Maintaining a deep understanding of both legal systems:
I continuously update my knowledge of legal developments in both jurisdictions through ongoing research, engagement with legal professionals, and participation in relevant conferences and seminars.
I actively cultivate relationships with legal experts in both countries to access local insights and ensure my advice is tailored to the specific legal landscape.
2. Identifying common grounds and leveraging comparative law:
While the legal systems of India and the UK differ significantly, there are often common threads and underlying principles. I strive to identify these commonalities to devise legal strategies applicable across both jurisdictions.
My familiarity with both legal systems allows me to leverage comparative law, drawing on relevant precedents and legal principles from one jurisdiction to inform my approach in the other.
3. Building cross-cultural understanding and communication:
Effective legal representation necessitates understanding not only the legal system but also the cultural nuances of each country. I actively engage with both Indian and UK legal communities to stay attuned to cultural differences and ensure culturally sensitive communication with clients and colleagues.
My ability to navigate both cultures facilitates seamless collaboration with teams and clients across both jurisdictions, fostering trust and effective communication.
Unique perspectives brought to Brus Chambers:
This combined legal expertise allows me to offer clients a unique set of advantages:
1. Strategic guidance across jurisdictions:
I can advise clients on legal matters spanning multiple countries, providing a holistic and integrated perspective.
I can identify potential legal challenges and opportunities across different legal systems, enabling proactive risk management and strategic decision-making.
2. Cross-cultural expertise:
My understanding of both Indian and UK cultures allows me to build strong relationships with clients and stakeholders from diverse backgrounds.
I can effectively navigate cultural differences in communication and collaboration, ensuring a smooth and successful legal process.
3. Global legal network:
My experience and connections in both countries have allowed me to develop a strong network of legal professionals across the globe.
This network enables me to access resources, expertise, and support beyond the boundaries of India and the UK, further enhancing the value I can provide to clients.
In summary, my experience in both India and the UK has equipped me with a unique blend of legal expertise and cultural understanding. This allows me to navigate the complexities of international legal matters and provide clients with strategic guidance, effective representation, and a global perspective, all hallmarks of my role as Managing & Practicing Partner at Brus Chambers.
You are a co-author of the book ‘Ship Arrest in India and Admiralty Laws of India.’ What motivated you to contribute to the literature, and how do you believe such resources benefit both legal professionals and the broader community?
My motivation stemmed from two key factors:
1. Filling a critical knowledge gap: Admiralty law, particularly as it applies to ship arrests in India, is a complex and evolving field. Existing resources were limited and often scattered, making it difficult for legal professionals and academics to access comprehensive and up-to-date information. I saw a need for a comprehensive and authoritative work that would distil the complexities of the law and provide clear guidance on the practical aspects of ship arrest procedures.
2. Promoting informed practice: The consequences of ship arrests can be significant, impacting both maritime businesses and the broader economy. By contributing to this book, I aimed to empower legal professionals with the knowledge and tools they need to handle ship arrest cases effectively and responsibly. This, in turn, would contribute to a more efficient and predictable legal framework for the maritime industry.
How do you believe resources like “Ship Arrest in India and Admiralty Laws of India” benefit both legal professionals and the broader community?
I believe this book offers several key benefits for both legal professionals and the broader community:
For legal professionals:
Comprehensive and authoritative reference: The book provides a detailed analysis of the relevant legal framework, including the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 and applicable international conventions.
Practical guidance: The book offers practical guidance on various aspects of ship arrest procedures, including drafting applications, handling objections, and navigating court processes.
Case studies and precedents: The book includes real-world case studies and precedents, providing valuable insights into how the law is applied in practice.
For the broader community:
Improved understanding of maritime law: The book helps to demystify the complex legal framework surrounding ship arrests, increasing transparency and accountability within the maritime sector.
Enhanced predictability and efficiency: By providing clear guidance on legal procedures, the book can contribute to a more predictable and efficient legal environment for maritime businesses, facilitating smoother operations and reducing costs
Promoting fairness and justice: By ensuring that legal procedures are followed correctly, the book helps to uphold fairness and justice within the maritime industry, protecting the rights of all stakeholders.
Overall, I believe that “Ship Arrest in India and Admiralty Laws of India” is a valuable resource that can play a significant role in strengthening the legal framework for the maritime industry in India and beyond. I am proud to have contributed to this important work and hope that it will continue to benefit legal professionals and the broader community for years to come.
My book Shop Arrest in India is available on the internet you can download the book at free of cost. Very soon my book will be integrated with artificial intelligence and will continue to remain free for all.
Your career includes significant recognition, such as being listed in the Legal 500 “Hall of Fame” and as a “Leading Individual” since 2004. How do you handle the pressure and expectations that come with such acclaim, and what motivates you to maintain this level of excellence?
While I am deeply honored to be recognized in the Legal 500 “Hall of Fame” and as a “Leading Individual” since 2004, I don’t see these accolades as pressure or expectations, but rather as affirmations of the dedication and commitment I bring to my work. Instead of feeling burdened, I find these recognitions to be motivational forces, driving me to continuously strive for excellence and exceed my own expectations.
Here are some key strategies I employ to handle pressure and stay motivated:
1. Refocusing on My Core Values:
I ground myself in my core values of integrity, excellence, and client service. These values guide my decisions and actions, and remind me of the purpose and passion that drive my work. By staying true to these values, I feel confident and motivated, even under pressure.
2. Embracing Continuous Learning:
I believe that there is always room for growth and improvement. I actively seek out opportunities to learn new things, expand my knowledge base, and refine my skills. This ongoing learning process keeps me engaged, motivated, and confident in my ability to tackle new challenges.
3. Setting Realistic Goals:
I set specific, measurable, achievable, relevant, and time-bound (SMART) goals for myself. These goals are ambitious but attainable, and they provide me with a clear direction and sense of purpose. Achieving these goals fuels my motivation and reinforces my belief in my abilities.
4. Maintaining a Positive Mindset:
I cultivate a positive and optimistic outlook. I focus on the progress I’ve made and the opportunities that lie ahead. This positive mindset helps me bounce back from setbacks and stay motivated in the face of challenges.
5. Prioritizing Well-being:
I recognize the importance of maintaining a healthy work-life balance. I make time for activities that I enjoy, such as spending time with family and friends, exercising, and pursuing hobbies. This allows me to recharge and return to my work feeling refreshed and motivated.
6. Utilizing a Supportive Network:
I surround myself with positive and supportive individuals, including mentors, colleagues, and family members. These individuals provide me with invaluable feedback, encouragement, and support, which helps me stay motivated and on track.
Finally, my greatest motivation comes from the satisfaction of helping my clients achieve their goals. Knowing that I have made a positive impact on their lives is truly rewarding and fuels my passion to continue exceeding expectations
In conclusion, I don’t view recognition as pressure, but rather as motivation to keep pushing myself and reach even greater heights. By embracing continuous learning, setting SMART goals, maintaining a positive mindset, prioritizing well-being, and relying on a supportive network, I am able to sustain a high level of performance and continue to deliver exceptional results for my clients.
You’ve been involved in various professional associations and committees. How does your role as the President of Shippinglawyers.NET contribute to your broader vision for the maritime legal community, and what initiatives are you passionate about in this regard?
I’m passionate about the maritime legal community and firmly believe in the power of collaboration and collective action to advance the field. My involvement in various professional associations and committees, culminating in my current role as President of Shippinglawyers.NET, allows me to contribute to this vision in several ways:
1. Fostering a Global Network: Shippinglawyers.NET is a unique platform that connects maritime legal professionals worldwide. As President, I strive to strengthen this network by:
Organizing virtual and in-person conferences and events that facilitate knowledge exchange and collaboration across diverse legal systems and jurisdictions.
Developing online resources and tools that support the professional development of maritime lawyers, particularly young practitioners.
Promoting best practices and ethical standards within the industry.
2. Advocating for Industry Interests: Shippinglawyers.NET plays a vital role in advocating for the interests of the maritime legal community. We actively engage with international regulatory bodies and government agencies to:
Promote sound maritime legislation and policies that balance economic interests with environmental protection and safety at sea.
Defend the rights and interests of maritime stakeholders in legal disputes and policy discussions.
Contribute to the development of a more efficient and sustainable maritime industry.
3. Shaping the Future of the Profession: The maritime legal landscape is constantly evolving due to technological advancements and emerging challenges. As President of Shippinglawyers.NET, I am committed to:
Preparing the next generation of maritime lawyers for the challenges and opportunities of the future.
Promoting innovation and technology adoption within the legal profession.
Ensuring that the maritime legal community remains agile and adaptable in the face of change.
Initiatives I’m Passionate About:
Several initiatives are particularly close to my heart:
Bridging the knowledge gap between developed and developing nations: I believe it’s crucial to ensure that maritime lawyers worldwide have access to the latest knowledge and resources, regardless of their location.
Promoting diversity and inclusion in the maritime legal profession: A diverse legal community is essential for fostering creativity, innovation, and effective solutions.
Advocating for sustainable practices in the maritime industry: We must ensure that the maritime industry operates in an environmentally responsible manner.
By focusing on these initiatives and leveraging the power of the Shippinglawyers.NET network, I believe we can build a stronger, more vibrant, and future-proof maritime legal community that serves the needs of the industry for generations to come.
Brus Chambers has been consistently recognized as a top-tier law firm for shipping work in India What, in your opinion, sets the firm apart, and how do you ensure excellence in delivering legal services to your clients?
Brus Chambers’ consistent recognition as a top-tier shipping law firm in India is a testament to our unwavering commitment to excellence in legal services. Several key factors underpin our success:
Specialization and Depth of Expertise:
Dedicated Shipping Practice: Unlike many firms with a general practice, Brus Chambers boasts a dedicated team with extensive experience and expertise in the entire spectrum of dry and wet shipping law. This specialization allows us to provide clients with in-depth knowledge and nuanced understanding of the complexities involved in maritime legal matters.
Recognized Leaders: Our team includes Dr. Shrikant Pareshnath Hathi, consistently listed as a “Leading Individual” for shipping work in India by Legal 500 since 2004 since few years am also listed in the Hall of Fame by Legal 500. This recognition reflects the exceptional skills and expertise of our individuals, which translates to superior client service Our firms other partners are also listed as Leading Individual; Rising Star ; Next Generation partner and are in the spotlight for shipping work in India. In this regard I would like a special mention of my wife and partner Ms. Binita Hathi who works alongside with me in shipping matters.
Client-Centric Approach:
Tailored Solutions: We build strong relationships with our clients, taking the time to understand their specific needs and objectives. This allows us to tailor our solutions to their individual circumstances, delivering practical and commercially-driven advice.
Proactive Communication: We believe in clear and proactive communication throughout the process. We keep our clients informed of developments and potential challenges, ensuring they are actively involved in all decision-making.
International Perspective: Recognizing the global nature of shipping, we offer an international perspective, drawing on our network of associates and partners worldwide to provide clients with comprehensive legal support across jurisdictions.
Unmatched Track Record:
Proven Success: Our impressive track record in handling complex shipping disputes and transactions speaks for itself. We have successfully represented a diverse range of clients, including shipowners, charterers, cargo interests, and financial institutions.
Top-Tier Recognition: We are consistently recognized by leading legal directories such as Legal 500; Who’s Who Worldlawyers and Chambers & Partners as a top-tier shipping law firm in India. This independent recognition confirms our expertise and high-quality legal services.
Commitment to Excellence:
Continuous Learning: We are dedicated to providing our team with ongoing training and development opportunities to ensure they remain at the forefront of legal knowledge and best practices in the shipping industry.
Investment in Technology: We leverage technology to optimize our processes and improve efficiency, ultimately leading to a better experience for our clients.
Quality Assurance: We have a rigorous quality control system in place to ensure the accuracy and consistency of our work.
By combining specialization, a client-centric approach, a proven track record, and a commitment to excellence, Brus Chambers has established itself as a leading force in Indian shipping law. We are dedicated to exceeding client expectations and delivering exceptional legal services that contribute to their success.
With a busy and challenging legal career, how do you unwind and find balance? Can you share a bit about your personal hobbies or interests that provide a break from the legal intricacies?
While the legal world can be demanding and complex, maintaining a healthy balance is crucial for well-being and long-term success. In my personal journey, I prioritize several strategies to unwind and find balance:
1. Prioritizing Time for Disconnection:
Setting boundaries: I practice strict boundaries between work and personal time, ensuring I disconnect from emails and calls outside of designated work hours.
Digital detox: Regular digital detoxes, where I completely switch off from technology, allow me to reconnect with myself and my surroundings.
2. Embracing the Power of Movement:
Regular exercise: Physical activities like running or cycling help me release stress, improve focus, and boost energy levels.
Yoga and meditation: Incorporating yoga and meditation into my routine provides a powerful tool for inner peace and stress reduction.
3 Cultivating Creativity and Connection:
Exploring artistic pursuits: I find immense joy in engaging in creative hobbies like painting, writing, or playing music. These activities allow me to express myself and unwind from the analytical demands of law.
Nurturing relationships: Spending quality time with loved ones, friends, and family provides a sense of belonging and support, fostering a healthy work-life balance.
4. Engaging in Activities that Spark Joy:
Learning new skills: Continuously expanding my knowledge base through learning new skills, whether it be a foreign language, or photography, brings me immense joy and keeps my mind active.
Exploring the outdoors: Immersing myself in nature through hiking, camping, or simply enjoying a quiet walk in the park allows me to reconnect with the world around me and find peace.
5. Embracing Mindfulness:
Practicing gratitude: Regularly reflecting on and appreciating the positive aspects of my life helps cultivate a sense of contentment and well-being.
Living in the present moment: Mindfulness practices, like focusing on my breath and being fully present in the moment, help me manage stress and anxiety, allowing me to savor each experience.
By prioritizing these strategies, I’ve discovered that maintaining balance is not only possible but essential for achieving personal and professional fulfillment. While legal work can be demanding, by nurturing my passions and dedicating time to self-care, I ensure that I show up energized and focused, ready to tackle any challenge legal practice throws my way.
For junior lawyers aspiring to excel in the legal field, especially in areas like shipping and commercial arbitration, what new skill sets do you believe are crucial for achieving success in today’s legal landscape?
Emerging Skill Sets for Success in Shipping and Commercial Arbitration
The legal landscape is continuously evolving, driven by technological advancements and a rapidly changing global economy. For young lawyers aspiring to thrive in fields like shipping and commercial arbitration, mastering traditional legal expertise is no longer sufficient. Success demands a broader skill set that equips them to navigate the complexities of these dynamic fields. Here are some crucial new skill sets that junior lawyers should focus on:
1. Technological Proficiency:
Data Analytics: Familiarity with data analysis tools and platforms is crucial for effectively handling the increasing volume and complexity of legal data in shipping and arbitration. This includes extracting insights from contracts, invoices, and other documents to support legal arguments and identify potential risks.
Legal Technology: Understanding and leveraging legal technology, such as contract management software, artificial intelligence-powered legal research platforms, and e-discovery tools, can significantly enhance efficiency and accuracy in legal work.
Cybersecurity: As legal proceedings increasingly move online, understanding cybersecurity principles and best practices for protecting sensitive client information is essential.
Artificial intelligence: Artificial intelligence is the next hop and is growing at a very high speed, this cannot be ignored. AI assist in improving our quality.
2. Communication and Collaboration Skills:
Effective Communication: The ability to clearly and concisely communicate legal concepts and strategies to diverse audiences, both verbally and in writing, is paramount for success in arbitration and complex legal matters.
Cross-cultural Communication: Understanding and navigating cultural differences is crucial for working effectively with clients and colleagues from diverse backgrounds in international shipping and commercial arbitration.
Collaboration: Building strong relationships and collaborating effectively with colleagues, clients, and experts from other disciplines is vital for achieving successful outcomes in complex legal matters.
3. Business Acumen:
Commercial Awareness: Understanding the commercial realities of the shipping industry and the broader business environment is crucial for providing clients with commercially sound legal advice.
Negotiation and Dispute Resolution: Mastering the art of negotiation and developing strong dispute-resolution skills are essential for resolving complex legal issues efficiently and effectively.
Project Management: The ability to effectively manage legal projects, meet deadlines, and stay organized is critical for handling complex legal matters with multiple stakeholders.
4. Adaptability and Continuous Learning:
Adaptability: The legal landscape is constantly changing, and lawyers must be adaptable and willing to learn new skills and technologies to stay relevant and competitive.
Critical Thinking and Problem-Solving: Developing strong critical thinking and problem-solving skills is essential for analyzing complex legal issues, identifying potential solutions, and developing effective legal strategies.
Continuous Learning: Cultivating a commitment to continuous learning and staying abreast of legal developments, industry trends, and emerging technologies is crucial for long-term success in the legal field.
In addition to these specific skill sets, young lawyers should also cultivate strong ethical values, professional judgment, and a commitment to client service. By developing these diverse skill sets and remaining adaptable and eager to learn, young lawyers can position themselves for success in the ever-evolving legal landscape of shipping and commercial arbitration.
Can you share with us your journey into the field of law, from your early education at Aligarh Muslim University to obtaining a Ph.D. in Law from Sai Nath University? What motivated you to pursue such a diverse range of legal experiences?
It was never in my plan to become a lawyer. After completing my High School in the year of 1999, I had the option to choose between the streams in either Science or Commerce, however, I opted for Commerce stream and completed my higher secondary. Thereafter, I was all set to opt for B.Com. and was even selected for the said course, however, upon the insistence of one of my friends, I sat into Entrance for B.A.(LLB) and was fortunately selected. The interesting part is that my friend, who had also appeared for said B.A.(LLB) Entrance, was not able to make it to the final list and was put on the waiting list. He was also on the waiting list in B.Com. Thus, it was resolved amongst us that in whichever course, his waiting list is cleared, I will go for the said course.
A very interesting aspect is that although we both did our law from the faculty of law at AMU, yet, while I joined the profession, he opted to do M.B.A. in Singapore and is now working with a Singapore based Company in the management sector. I topped the first and second semester of B.A.(LLB), however, while I was in third semester, I was framed and suspended by the Proctorial Department of University in a case related to student protest. This particular unfortunate development, which has led to a paradigm shift in my thinking, I, simultaneously, deviated from my academics and turned out to be a full time student activist. At that time, the student union at AMU was defunct so I led agitation for its restoration. The agitation was successful and the student union was restored.
It is important to note here that to the best of my knowledge, the student union of AMU is the only student union in India, which has its existence in statute i.e. AMU Act, 1920. I am telling all these for a simple reason that my period as student activist and later on, I, being elected as honorary secretary of AMU Students Union by record margin till date, actually honed my skills of public speaking, which is now paying dividends and helps me a lot in my legal profession as an advocate. I completed my B.A.LLB in the year of 2007 and joined the profession. My LL.M. and Ph.D. were completed whilst I was also practicing. Fortunately, in those days, that was allowed. Therefore, my advent into the legal profession was purely accidental, it was never planned, however, as destiny would have it, I became a lawyer.
As the Managing Partner of Diwan Advocates, you’ve been involved in various aspects of law, including corporate, commercial, intellectual property, and civil matters. Could you highlight a specific case or project that stands out as particularly challenging or rewarding in your career?
As an advocate for the last 16 years, I have been fortunate by the grace of Almighty to handle a diversified range of litigation, right from hardcore civil, criminal, corporate & commercial to intellectual property rights and so on and so forth. For a lawyer, every case which he/she handles is very special. However, since you have asked about a particular case, which has been challenging or rewarding, therefore, I would recall a case, where I was appointed by Hon’ble Delhi High Court as Amicus Curiae during the peak of Covid-19 pandemic. The said case was widely reported in the media. It was a case of a widow of the deceased, who was from Himachal Pradesh and while working in Saudi Arabia, he died. Despite the deceased being Hindu, due to certain mistakes on the part of the Indian Embassy and the officials based there in Saudi Arabia, he was buried as per Muslim rituals and customs. The widow, therefore, had approached Hon’ble Delhi High Court by filing a writ petition seeking direction to the Union of India for ensuring repatriation of mortal remains of the deceased.
It was a very challenging case, since the directions only to the concerned officials of the Union of India would not have yielded any result since the mortal remains were to be repatriated from a foreign country and such case was unknown to that country as it did not have any prior history of such exhumation of mortal remains. Despite all these challenges, Hon’ble High Court took up the matter and during the course of the proceedings, I was appointed as an Amicus Curiae in the said matter. It was a time of enormous difficulty as Covid-19 pandemic was at its peak and the movement was restricted. Upon being appointed as an Amicus Curiae, which was then for the first time in my entire career, I was a bit nervous since I did not know what had to be done. However, I started collating all case documents and used my AMU related network to find out persons who are based out in Saudi Arabia so that they could render some assistance.
Saudi Arabia, at that point of time, was also engulfed and confronted with Covid-19 pandemic and the mobility was also limited. However, one of my old friends, after understanding the matter, assured me of his help and he travelled from a far distant city of Saudi Arabia to the concerned hospital where the corpus was kept before its burial for tracking of relevant records. It was learnt by my friend, who later informed me that Saudi Arabia maintains the geo-tagging records of all the graves. Fortunately, with the help of technology, it was revealed that the deceased was buried in which particular grave.
After the above mentioned turn of events and initial breakthrough, the challenge was how to assist the Hon’ble Court to pass the appropriate directions to the concerned person back at Saudi Arabia since it was legally impossible. Accordingly, upon suggestion being made to the Hon’ble Court, the Hon’ble Court was pleased to request the Embassy of Saudi Arabia at New Delhi to explore the options. Simultaneously, directions were also passed to the concerned officials of Government of India to coordinate and facilitate the entire process of exhumation and repatriation of mortal remains.
Last but not the least, after day to day hearing, which had transpired in the said matter, Union of India, under directions of the Hon’ble Delhi High Court, was successful in convincing the officials of the Saudi Arabia for exhumation of the mortal remains and same were repatriated to India by Charter Flight and were then sent to deceased’s native town in Himachal Pradesh, to fulfill the last rites. Appropriate compensations according to the policy of the Union of India and the Government of Himachal Pradesh were also awarded and the Hon’ble Court ensured that the said compensation is timely remitted to the bank account of the widow of the deceased. The aforesaid facts pertaining to the said case, seemingly straightforward, posed a significant challenge for me. Nevertheless, despite the complexity, I successfully contributed to the entire process with God’s grace.
Your work experience extends internationally, including roles in Qatar and as a Legal Advisor to a Spanish corporate conglomerate. How has working in different cultural and legal environments shaped your approach to legal practice, and what unique challenges have you faced?
I completed my B.A.(LLB) in the year of 2007 and got enrolled with the Bar Council of Delhi. Thereafter, I joined a reputed trial lawyer at Patiala House Courts, New Delhi. However, given my political ambitions, which were always at forefront, on account of I having served the student union as honorary secretary, my family was apprehensive that I might leave the profession and could join politics, the idea which my late mother had always resisted. Sensing this, my elder brother, who was working in Doha, Qatar, through his network, got me placed at an IP Law Firm in Doha as assistant paralegal. Though I was reluctant, yet, I joined as a trademark assistant paralegal and started working, where I was soon promoted from trademark assistant paralegal to junior associate in the said law firm.
Thereafter, I changed my job and joined a leading real estate conglomerate in Qatar as their legal officer. The said real estate conglomerate was expanding its business operations in Spain. I was also appointed to look after the legal matters related to the said Spanish expansion of the said company.
I spent nearly two years working abroad, and I found the work environment to be more flexible compared to what we typically experience in India. In those jurisdictions, lawyers rarely face the intense pressure and tight deadlines that are common here. The majority of litigation cases were of a commercial nature, as criminal matters were exclusively handled by Arabic-speaking lawyers.
Despite the language barrier, the atmosphere was friendly, and I had the opportunity to collaborate with professionals from various countries, spanning from the Middle East to North America. They were cooperative, providing valuable assistance in training and mentoring me. My main challenge was my reluctance to learn the Arabic language; however, I was fortunate that commercial related legal aspects were conducted in English, allowing me to navigate and succeed in that environment.
Given your extensive experience in handling high-stakes litigation, could you share insights into a notable case where you successfully defended a client, whether it be a private corporation or a governmental agency, before the courts?
In reply to this question, I would say that I have defended several private entities and corporations in high stake litigations. One case involves the matter that I was handling before the Hon’ble Allahabad High Court at Lucknow Bench. In the said case, the developer was allotted land by an instrument/agency of the State of Uttar Pradesh. Thereafter, the developer, after complying with all the procedures, started developing the said land and have almost sold the entire inventories in the said project. The moment when the construction and development works over the said land became noticeable, an agitation in the name of farmers grappled with the said project.
The state machinery failed to protect the interest of the developer and approximately 1500 homebuyers who were associated with the said project, who turned out to be the collateral damage. Hence, we approached the Hon’ble Allahabad High Court at Lucknow Bench by filing the writ petition. The matter was contested by the erstwhile landowners and the role of the State was not more favorable. However, the matter proceeded for hearing and thereafter a detailed judgment was passed.
By that time, the developer I represented was on the brink of bankruptcy, primarily due to personal circumstances and other compelling factors. Though I did not have any privity or any relationship with any of those homebuyers, yet, they started contacting and asking me to find some solutions so that the developer’s and homebuyers’ rights and interests could be secured. I told them categorically that there is conflict of interest and I cannot act against the interest of the developer. Nevertheless, I endeavored to address the conflicts and discrepancies that regrettably arose between the developer and homebuyers. In pursuit of resolution, multiple rounds of negotiations took place, with approximately 500-700 homebuyers attending each meeting, and I had no option but to navigate and lead the matter.
The trust and confidence that the homebuyers placed in me is something unforgettable in my life. Despite being the counsel for the developer, they consistently relied on me. In the meantime, the Hon’ble Court allowed the said writ petition. Since the State machinery was not implementing the direction as passed by the Hon’ble Court, we approached the Hon’ble Court again by way of a criminal contempt petition against the then concerned officials. During the contempt proceedings, the senior officials were summoned before the Hon’ble Court and following a stern warning from the Hon’ble Court, the encroachment on the specified land was eliminated. Further, the developer, upon my persuasion, inducted some other partner who was flushed with liquidity. Collectively, these measures successfully addressed all concerns between the developer and the homebuyers. As a result, the project was not only built and developed but also delivered, with over 200 homebuyers currently residing in the completed development. Despite the passage of almost 7 years, several homebuyers and residents of the said flats continue to reach out to me through messages and calls. They maintain a friendly demeanor, treating me as if I were a part of their family. Moreover, numerous individuals extend invitations for me to attend events at their homes. The meaningful connections and relationships I created with these homebuyers are truly gratifying. As a lawyer, I often say that while we can attain financial success and recognition, the profound satisfaction of cultivating enduring relationships with clients, even after concluding a case, and being regarded as a trusted friend or family member is immeasurable.
In your role as a Corporate Legal Advisor for “The Wall Holdings” in Qatar, you oversaw legal aspects related to finance, construction, corporate, and commercial operations. How did this experience differ from your work in India, and what valuable lessons did you draw from it?
The work which I was entrusted with while working in Qatar, was of non-contentious nature and was purely transactional works. Since I was not allowed to appear before the courts at Qatar, my duty was only confined to the preparation of cases and drafting of pleadings. While my responsibilities in Qatar were focused on contracts, opinions, due diligence, and other related advisory tasks, my work in India predominantly involved contentious matters, with a primary emphasis on litigation. Nevertheless, I have consistently maintained my relationship with non-contentious and transactional works. I believe that the amalgamation of my experiences in both contentious and non-contentious realms has endowed me with a wealth of valuable insights. The knowledge gained from my endeavors in Qatar significantly aids me in formulating effective defense strategies in litigation and delineating the line of attack in litigation.
With your involvement in intellectual property matters, especially at Aramarks Intellectual Property, could you discuss the importance of intellectual property rights in today’s globalized and technologically advanced business landscape?
Intellectual Property, more particularly, Trademarks are very close to my heart. Actually, you would not believe it but when I was working at Aramarks as Assistant Trademark ParaLegal, I have always dreamt to be an IP Lawyer and even when I rejoined the profession by end of the 2009, I had this planning at back of my mind that I would only work for IP litigation and other non-contentious IP related tasks. However, the challenges for the first generation lawyer, that too, coming from a very remote area of Bihar and trying to survive in the cosmopolitan city like New Delhi are of different magnitude. I was getting less IP Works, therefore, I decided to venture into other aspects of litigations and as the luck would have it, cases of different and diversified nature started coming in, and gradually I started developing as a lawyer and the journey still continues till today and I pray to mighty that it continues till I am alive.
As someone passionate about interacting with law students, could you share an impactful piece of advice you received early in your career that has guided you, and how would you advise fresh law graduates entering the field today?
Interacting with law students is my passion. Since I have been a student activist and student leader during my University days, therefore, when I go amongst them, I still find myself as young as I was in those days. I prefer not to lecture; instead, I aim to listen to them—embracing their questions, anxieties, and experiences and try to answer them from my own experience with this caution that solution and the respective problems pertaining to every person are not identical and anyone who tries to pick a ray of hope from others’ solutions should always be cautious that what has worked for ‘A’ could not work for ‘B’.
Therefore, customization of solution of problems is must according to anyone’s personal needs. For fresh law graduates, since I am an intense litigator, therefore, I advise them to come to litigation and in these aspects, I am a little selfish, I will confess. It does not mean that I am against fresh law graduates going in the corporate or for in-house jobs, however, I always believe that even if a fresh law graduate wants to shape his/her career in corporate- for some initial years, he/she must come to the trial courts because the experience which you get in the trial courts cannot be developed in any other colleges/institution or even in the superior courts. The challenges which a fresh law graduate has to confront within the trial courts, actually strengthen his/her potential and that strength, which could only be developed at the initial stage of the career, is something to reckon with.
Your career spans various sectors, including technology, media, telecom, and pharmaceuticals. How do you stay abreast of the rapidly evolving legal landscape in these industries, and what advice would you give to legal professionals looking to specialize in dynamic sectors like these?
Specialization in the legal sector or legal industry is evolving in India. However, being a hardcore litigator, I have quite an unpopular opinion. I believe that any litigation must have potential and caliber to handle any sort of litigation, for whatever he/she is entrusted with. Why I say this is because even judges who are there to adjudicate upon such specialized disputes are not specialized persons. Specialization of subject does not mean that for any contract or construction related dispute, only an engineer who has turned out to be a lawyer can handle the case or a person coming from a pharmaceutical background can handle a pharmaceutical related IP matter. Laws in India, in my humble opinion, are intertwined and interconnected. If one is an IP Lawyer, he must know the basic nuance and must be trained in civil litigation. The edifice of any IP litigation would be the CPC. What I have seen unfortunately is that fresh law graduates who want to go for specialization are lacking in procedural law and it is not good development for the legal profession in our country. That being said, if somebody wants to handle the special segment of a case aka specialization, in my opinion, that person, at least for 10 years, should work in every branch of law so that after 10 years he/she could caste a niche for himself/herself, and thereafter could shape his/her career.
I am not saying these all out of the context. Let us take examples of legends in our profession, such as the late Mr. Setalvad, the late Mr. Daftari, the late Mr. Ram Jethmalani, and even in the current generation, Mr. Kapil Sibal, Dr. Singhvi, Mr. Mukul Rohatagi, Mr. Arvind Datar, and the list goes on. They possess the ability to handle any legal matter on any subject and can effectively present and argue the matter before the courts. Thus, the specialization in the legal field has to be multi-dimensional. A lawyer, apart from a good strategist, must be a good story teller and must possess the art of presentability. A lawyer, in my opinion, must develop the art of re-calibrating himself into the spur of the moment so that whatever the challenges are, he/she can face the same with calm and politeness.
