Super Lawyer

Category: Partners, General Counsels and Senior Advocates

  • I would strongly suggest my peers and other senior colleagues to dedicate some time every month to speak to some law students/younger lawyers and address their queries/concerns. Trust me, you will get more than you will give- Suadat Ahmad Kirmani, Partner, IndusLaw

    I would strongly suggest my peers and other senior colleagues to dedicate some time every month to speak to some law students/younger lawyers and address their queries/concerns. Trust me, you will get more than you will give- Suadat Ahmad Kirmani, Partner, IndusLaw

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

    Sir, please tell us about your journey and how you ended up pursuing a career in law, specifically in the field of dispute resolution and advisory services?

    Law was not something that I planned to pursue. In fact, when I was in school, I wanted to join the Air Force and hence took up Physics, Chemistry and Mathematics as my subjects. However, I could not pursue that. Then the obvious choice was engineering, given my PCM background although I was not excited about the same. Having been an avid debater in school with a flair for writing, my friends and family used to joke about me becoming a lawyer someday. After a few discussions with my family, I decided to study law. 

    The journey has been full of ups and downs as with most of us. However, I have had the privilege of working with some fantastic lawyers who mentored me and helped me learn the ropes. I started back home in Srinagar in the trial courts which is the bedrock that I have built my career on. After spending little over a year in Srinagar, I moved to New Delhi and took up a corporate job. This was for two reasons – one was to get a flavor of something different than litigation and secondly, to be able to support myself while I found a decent chamber/firm which would take me. My focus, though, was always dispute resolution. In fact, in my college years, I interned only with Disputes teams. I have always loved litigation and arbitration right from my college days and that is where I always wanted to be. Further a lot of the clients that I represent include public sector undertakings which, apart from regular litigation and arbitration work, rely a lot on us to guide them in contract management and claims management which form a part of the advisory services. Advisory is not limited to only providing legal opinions but has many facets like analysing the merits of the case before initiating any form of Dispute Resolution mechanism, and sometimes dispute avoidance advisory etc. In fact, nowadays, advisory has become an important part of our work which no lawyer can escape from.

    With over 11 years of experience in arbitration, construction disputes, civil commercial litigation, and other areas of law, what initially attracted you to these areas of specialization?

    While I always knew that I wanted to be a litigation lawyer, I did not think of any specialisations. In fact, I still don’t think I have ‘specialised’ in any one stream of Dispute Resolution but certainly have done some types of matters more than others. The process of getting involved in arbitrations and construction disputes was very organic though unplanned. The team that I was a part of was involved in many high-stake construction arbitrations and that’s how I was introduced to this area of law. I was intrigued by the techno-legal aspects of these disputes which developed my interest further.

    As a highly experienced legal professional, you have represented a wide range of domestic and multinational clients in various courts, tribunals, and arbitrations. Could you share some notable cases or experiences that have shaped your career?

    Each case has taught me something new which had a huge impact on my career. However, there were few cases which were more challenging than others and required not only law related solutions but grasp of technical aspects as well. In this context, I would share the first case that I worked on where we were representing a very important Public Sector Undertaking which was tasked with developing the test tracks and related facilities in India. This case was unique for many reasons but most importantly this kind of work was being executed for the first time in India and the contractors had no prior experience in executing such contracts. Therefore, there were many issues ranging from scope of work to procurement to civil works etc and the claim amount was also huge. At the beginning, I had no clue about anything but as the time went on, I picked up things including the technical ones. I had a very supportive Partner that I was working with, and the clients were there to answer my queries as well. This was the case that drifted me towards infrastructure disputes and rest, as they say, is history. After observing my work for a couple of years, I was nominated by the Firm, that I was a part of at that time, to undertake a course on construction project management from RICS Academy which was very helpful in further understanding the deeper concepts of infrastructure projects.

    You have advised foreign companies on their projects in India and represented them before arbitral tribunals and courts. What unique challenges or considerations arise when working with international clients and navigating cross-border legal disputes?

    Advising international clients is always a different experience and comes with its own set of challenges. For example, when I was part of the China Desk at one of my previous offices, one of the major issues was the language barrier. It can be more challenging than we think. Then comes the difference in legal systems. It becomes difficult to explain how the courts work in India. Further, managing expectations is also a challenge like when they bring the knowledge of their legal systems and try to implement that in our system. One incident I remember is while I was advising a Chinese company in a case for recovery of some dues from an Indian company, the client asked if I could file an application seeking directions from the court that the debtor company’s promoter cannot fly business class, go to expensive restaurants or party in high end clubs until he has cleared his debts. It took a lot to explain to him that we do not file such applications in India. I must add that cross border arbitrations are smoother than litigation matters though. However, I strongly suggest that whenever an opportunity to work on a cross border dispute is presented, lawyers must take it up. This will give you an insight into the foreign legal systems as well as provide valuable experience of working with international clients which nowadays is required as the world continues to shrink into a global village.

    In addition to your legal practice, you have also been actively involved in speaking at conferences, delivering lectures, and co-authoring legal publications. How do these activities contribute to your professional growth, and why is it important for you to share your knowledge with others in the legal community?

    I believe it is imperative for all of us to share our knowledge with the younger generation of lawyers. Personally, I enjoy speaking to young minds at colleges and younger lawyers. They are full of energy and have so much to offer and the sheer passion in them is inspiring. They have a lot of brilliant ideas but lack the experience which is where an experienced professional can contribute to their growth. This also helps me in keeping up with what is happening in their world which enables me to be a better colleague specially to my younger colleagues. I also believe it is my way of giving back to the legal community, be it in the form of speaking at seminars, conferences or writing articles. I would strongly suggest my peers and other senior colleagues to dedicate some time every month to speak to some law students/younger lawyers and address their queries/concerns. Trust me, you will get more than you will give. 

    As a partner in IndusLaw, one of India’s premier law firms, could you tell us about your current role and responsibilities? What are some of the key aspects of your work that you find most fulfilling or challenging?

    Response: Being a part of the Disputes team, my day is like that of any Disputes lawyer, i.e., courts, conferences, meetings, reviewing of drafts etc. Apart from the regular court work, as a Partner, you lead a team which looks up to you for your experience and guidance. So, guiding the team, helping them out and the overall management of the team form an essential part of the work. Different members of the team come with different experiences and skill set. So as a Partner, I must be conscious of the same and ensure that we take everyone along and provide proper guidance and help to the team members. 

    I think what I find most challenging and fulfilling at the same time is the work we do. When you help a client in resolving their issues, it is extremely fulfilling. I also feel happy when I see my younger colleagues taking on more responsibilities and doing well in the courts. The challenges aren’t different from what you would face at a chamber, for example., ensuring quality work while meeting the committed timelines. 

    Throughout your career, you have worked on a wide range of legal matters, from commercial litigation to mergers and amalgamations, infrastructure projects, and white-collar crimes. How do you manage such diverse areas of practice, and what skills or qualities do you believe are crucial for success in handling such complex cases?

    Response: There is no shortcut or a fixed formula to be able to work on such diverse areas of practice. One of the most important virtues that one must inculcate is patience. It is not possible to achieve everything at the same time. Give it time. Take up one thing at a time. Give it your best and master it. Law practice is like a marathon and not a sprint. The required skills are, of course, the knowledge of relevant laws, ability to research and formulate the points in a cohesive and easy-to-understand manner, and good drafting skills. The good thing is that these skills are coachable, and you will have a lot of help to learn these skills. However, what you must have in addition to these skills are certain qualities, i.e., ability to work hard, integrity, and honesty. If you lack these, no amount of skill or knowledge would come to your rescue. 

    Given your experience in the legal field and your involvement in the Young IAMC Steering Committee, what advice would you give to fresh law graduates who are starting their careers? Are there any specific skills or areas of focus that you believe would be beneficial for them to develop?

    ADR mechanisms like arbitration and mediation are now preferred modes of dispute resolution. However, there is a huge dearth of professional mediation practitioners in India as well as subject matter expert arbitrators which means that there are ample opportunities for the upcoming lawyers to take up these areas and eventually become experts in them. Mediation is different from litigation as well as arbitration as it requires shunning the rigid ‘win or lose’ mentality which the younger lawyers who have a very fertile and open mind can do quicker as compared to lawyers like me who have been in the profession for some time now. My advice would be to take these subjects seriously in college, go for training wherever possible, take up internships which focus on ADR mechanisms, write papers which would help them understand the subject better. 

    Like I said earlier, law practice is like a marathon and not a sprint, so do not get disheartened if you don’t have a certain number of internships, paper publications, moots, MUNs etc on your CV. Work hard and be honest. Be critical of yourself but don’t be harsh on yourself. Also, please reach out to your family, friends, and mentors to discuss your concerns. Sometimes, the problems facing us seem big only because we perceive them as such. Therefore, it is necessary to communicate regularly and not the pressure of finding a job, getting a PPO etc get better of you. I understand these things are extremely important but your health – both mental and physical – comes first.

    Thank you once again for giving me this opportunity to share my thoughts with your readers. I wish the SuperLawyer team the very best.

  • IP, in my view, is an area of law where all sizes and types of businesses/services require handholding- Deeksha Anand, Partner at Sujata Chaudhri IP Attorneys

    IP, in my view, is an area of law where all sizes and types of businesses/services require handholding- Deeksha Anand, Partner at Sujata Chaudhri IP Attorneys

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

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

    My journey of law began in 2010, when I got admission into Dr. RML National Law University, Lucknow. I was never particularly driven towards becoming a lawyer but was rather fortunate to “crack CLAT” owing to my academically sturdy graph throughout my student life. Without having any legal background or bent of mind, IP captivated me as a subject due to my musically wired brain and the brand conscious inner me. To my benefit, our IP professor in university made lectures fun and stimulating. Given my passion for music and quest for brand identification, pursuing IP-centric internships and choosing IP as a career path was a natural corollary.

    Ever since my graduation from college in 2015, I’ve been associated with Sujata Chaudhri IP Attorneys, a Noida-based IP firm and have been challenging myself to keep up with the changing pace of IP every year. Today, I advise and act for clients on all aspects of brands and their protection, including their registration, management, exploitation and enforcement, as well as copyright and design prosecution.

    You have worked with both Fortune 500 companies and start-ups. How does your approach differ when advising these two types of clients on aspects of brand protection?

    IP, in my view, is an area of law where all sizes and types of businesses/services require handholding. Right from startups to well-established and multi-national corporations, protection of human intellect holds utmost importance and deserves to be protected and cherished.

    While the practicalities surrounding the functioning of a Fortune 500 company and a start-up differ drastically, the applicability of the fundamental principles of law remains the same. Stepping into the shoes of the brand owners and understanding their current and future business needs is where the distinction in one’s approach to a matter really lies. While start-ups, generally speaking, are cost conscious and pick their battles wisely, it is imperative for lawyers to appreciate that every organization, irrespective of size, scale, funds, etc. has different priorities at different points of time. What may work for a Fortune 500 company may also, unlike the common perception, work for a start-up. Ultimately, it boils down to addressing a client’s needs in the most cost-effective and meaningful way.

    What, in your opinion, are the attributes that set IP lawyers apart from the rest.

    Creative thinking and having an eye for detail (having an OCD actually helps!) while juggling multiple matters. Research and writing skills go without saying, whether or no IP!

    With your extensive experience in handling trademark portfolios, oppositions, and domain name disputes, could you share some notable challenges you have faced?

    Statutory deadlines are absolutely sacrosanct in an IP attorney’s career. Missing one could cost you a client! Time is of utmost essence in a trademark lawyer’s day-to-day life. Those who can’t keep up with the pace might fade away…

     Some of the other challenges faced by IP lawyers revolve around the functioning of the Controller General of Patents, Designs & Trade Marks (CGPDTM). While the Trade Marks Registry and the Copyright Office have come a long way since I started practising in 2015, loopholes in the functioning of the offices, both due to administrative and technological reasons as well as inconsistency in stands taken by different officers, are bothersome and difficult to explain to clients. Being aware of the happenings in the offices and getting insights from friends and officials always helps appreciate situations better. My experience of filing complaints before the National Internet Exchange of India (NIXI) has been fairly smooth. The office has really streamlined its procedures and functioning over the years.

    How do you manage the coordination and collaboration with foreign counsel in different countries for trademark protection? Are there any unique considerations that arise in these cross-border cases?

    Corresponding with several clients across the globe having businesses in India and having business interests outside India, is a part and parcel of my day-to-day work. Breaking down complexities of the law in simple terms is the key to good communication. One should work on the assumption that the foreign counsel is unaware of not just the nitty gritties of your law but also the overview of it. Asking the right questions, seeking clarifications, if needed, anticipating questions from clients and factoring those in your advice are some good practices. Being in constant touch, and meeting, with foreign counsel at conferences also helps strengthens ties.

    You have appeared before various judicial and quasi-judicial bodies. Can you share a few examples of significant cases where you represented a client before the Trade Marks Registry, Delhi High Court or another court, and the impact your representation had on the outcome?

    I was part of the team that advised one of the firm’s international pharmaceutical clients on a time-sensitive litigation along with connected rectification and opposition actions, briefed senior counsel, Mr. Sudhir Chandra, and obtained interim and permanent injunction orders within three (3) months of filing the suit. I was also part of the team that represented one of the firm’s popular international apparel clients in a trademark dispute against an Indian retail brand run by the Aditya Birla Group. Although the lawsuit, filed in the year 2015, was aggressively contested by both sides, the dispute was amicably resolved with the parties becoming business partners in India. I also independently led settlement negotiations regarding use and registration of the rival trademarks, with an electricals giant in India on behalf of one of the firm’s international luxury automobile clients. The dispute, which started back in 2017 and entailed filing nearly 60 trademark oppositions on behalf of the client resulted in a robust co-existence agreement. Very recently, I secured well-known protection for one of the firm’s pharma clients before the Trade Marks Registry, that accords protection to the client over that trademark across all goods/services classes.

    You have been recognized for your contributions to the legal profession, including being a recipient of the “Honourable Mention” in the Indian Law Firm Awards 2021. What does this recognition mean to you, and how does it motivate you in your work?

    Such recognitions and awards are merely a validation of one’s perseverance and efforts over the years. It is the appreciation of my work by my Managing Partner and clients, and the reassurance that I get from my associates about my mentoring ability, that really matter the most to me. I truly believe that words of appreciation from someone you care about are great motivators, far more than any award/ tangible recognition. The power of words (and music) is supreme!

    Lastly, what advice would you give to fresh law graduates who are considering a career in intellectual property law based on your own experiences and insights?

    To really focus on their careers (read learning) by taking small steps every day, and not on money or “great international clients” in their initial years of practice. Looking for “growth” as, very often, candidates I interview tell me, is meaningless unless you know what this term means to you. Growth, for me, is a natural phenomenon rooted in every individual’s career trajectory and needs to be honed every year (not handed over on a platter that smells of good money). Do good work and money will follow…

    Being familiar with the IP subjects taught in law school, doing IP internships in your later years of law school, and being abreast of latest developments in courts and the IP offices would always give you an edge! With many offices and courts moving to virtual hearings post the pandemic, law graduates can observe proceedings virtually and get pointers on the practical functioning of these offices.

     IP offices’ efforts in fast-tracking procedures, digitization of filings at the IP offices and introduction of several specialized IP software have really changed the landscape of IP practice over the years. From days where all filings were done by hand, to today, where online filings are a norm, IP as a practice area for lawyers has come a long way. Besides this, the formation of commercial courts across the country and the constant enrichment of IP jurisprudence by the Delhi High Court, in particular, have further strengthened the IP industry and scope of this field for upcoming law graduates.

    Get in touch with Deeksha Anand-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Gin touch with Varun S Ahuja-

  • As a lawyer, it is our duty to guide the client as to the validity of such belief on the touchstone of prevalent law and to represent the client before any adjudicatory forum to the best of our capabilities- Arvind Thapliyal, Partner at P&A Law Offices

    As a lawyer, it is our duty to guide the client as to the validity of such belief on the touchstone of prevalent law and to represent the client before any adjudicatory forum to the best of our capabilities- Arvind Thapliyal, Partner at P&A Law Offices

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

    Sir, can you tell us about your journey and how you ended up pursuing a career in law? What motivated you to choose this profession?

    My journey towards pursuing law has not only been quite unexpected but also deeply influenced by personal experiences. Initially, as a science student, I was considering a career in engineering due to the IT boom as was going on at the time. However, after my class 12 exams, my father introduced me to one of his friends who happened to be a lawyer. This encounter sparked my fascination for law, and I decided to explore it further.

    To pursue my newfound interest, I joined Career Launcher to prepare for CLAT (Common Law Admission Test). The preparation period allowed me to delve into the world of law and understand its complexities and vastness. It was during this time that I realized the impact legal knowledge can have on people’s lives and how it can be used to resolve disputes and bring about justice.

    One significant motivator for me was a family dispute that my parents went through. Witnessing their mental struggle during that time made me realize the importance of legal expertise in navigating such challenging situations. I wanted to equip myself with the skills and knowledge to help others in similar circumstances.

    With this drive and motivation, I took admission in ICFAI Law School to formalize my legal education. I believe that my prior experiences and the impact of witnessing my parents’ struggle have shaped my determination to pursue a career in law. I am eager to continue learning and growing in this field.

    With over 13 years of experience, you have dealt with a wide range of legal issues such as civil, criminal, insolvency, contractual, and labor/employment disputes. Can you share some of your most significant cases or achievements that highlight your expertise in these areas?

    As a first-generation lawyer, I started my journey by gaining experience in the district court, where I was involved in inspections of various case files before different courts. This experience provided me with invaluable knowledge about the procedural aspects of the law and the different stages of any legal proceedings, which was crucial for a rookie like me. It allowed me to understand the nitty-gritty details of how the court system functions at Distt. Court level where more than substantive law, procedural law is crucial.

    After gaining some experience, I was fortunate to be exposed to both domestic and international commercial arbitration. This gave me the opportunity to be part of teams handling significant cases, such as a complex contractual dispute before the London Court of International Arbitration and a concurrent delay dispute in a construction contract before the ICC (International Chamber of Commerce). These cases required in-depth understanding of the applicable law (both governing and substantive) and expertise in handling complex legal issues.

    Additionally, I have had the privilege of working on various cases related to admiralty law before the Bombay High Court. Admiralty law deals with legal matters concerning maritime activities and maritime disputes. The case started with working for a release of a ship arrested due to non-payment of some dues, which we were successfully able to do in the shortest possible time. This experience has broadened my understanding of this specialized area of law.

    Furthermore, I have also worked on cases related to the Prevention of Money Laundering Act, 2002, The Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act 1999 and other criminal cases including ones involving the Central Bureau of Investigation (CBI) and Serious Fraud Investigation Office (SFIO). These cases required a comprehensive understanding of criminal law and the ability to navigate complex legal proceedings of both substantive as well as procedural law.

    Overall, my diverse experience in handling a wide range of legal issues, including domestic and international commercial arbitration, admiralty law, and criminal cases, contractual disputes etc., has equipped me with a well-rounded skill set. I believe these experiences have honed my legal acumen and prepared me to take on new and challenging cases in the future.

    I have also represented multinational conglomerates in various proceedings for effective implementation of an approved Resolution Plan under Insolvency and Bankruptcy Code, 2016. These proceedings included Writ Petitions, Company Applications, Arbitration Applications and Special Leave Petitions before various Forums.

    In the span of 13 years of my legal profession till now, I have conducted various cases and represented many clients before various forums. However, I am restricting myself here to the cases which are on top of my mind currently. 

    Your profile mentions your proficiency in handling arbitration and court proceedings. Could you provide examples of complex arbitration or litigation cases you have handled and the outcomes you achieved?

    Every case comes with its own unique issues and complexities, either factual or legal, wherein each party in its own belief considers itself to be right and the opposite party to be wrong. As a lawyer, it is our duty to guide the client as to the validity of such belief on the touchstone of prevalent law and to represent the client before any adjudicatory forum to the best of our capabilities.

    One example of a complex arbitration case I was involved in pertained to a derivative contract. At the time, the law in India regarding derivatives contracts was still developing, particularly concerning the validity of various derivative contracts under Indian law. This dispute required a deep understanding of the interpretation of the International Swaps and Derivatives Association (ISDA) agreement, which is an internationally recognized framework for derivatives contracts.

    As part of a legal team representing an Indian company, I had the opportunity to be involved in this arbitration before the London Court of International Arbitration (LCIA). It was a challenging case as we were face-to-face with renowned international law firms, dealing with intricate issues related to the applicability of Indian law intermix with English law, and its impact on derivative contracts governed by the ISDA agreement. This early exposure to English law and its interaction with Indian law proved to be an eye-opening experience for me.

    Subsequently, I had the privilege of serving as co-counsel in another international commercial arbitration before the International Chamber of Commerce (ICC). This case revolved around a concurrent delay issue, further expanding my exposure to international law and its practical application in resolving complex disputes.

    Moreover, I had the opportunity to represent a client in a highly controversial future contracts issue, which garnered significant attention and media coverage. This case ultimately led to appearances before various forums, including the courts of the Central Bureau of Investigation (CBI), the Prevention of Money Laundering Act (PMLA) court, and the Maharashtra Protection of Investors Deposit (MPID) court.

    These experiences in complex arbitration and litigation cases have not only sharpened my legal skills but have also exposed me to a wide range of legal forums and international legal frameworks. They have further fuelled my passion for representing clients and navigating the intricacies of the law in challenging and high-profile matters. 

    As a skilled mediator, what strategies or approaches do you use to successfully resolve disputes and reach favourable outcomes for your clients?

    As a skilled mediator, I believe that successfully resolving disputes and achieving favourable outcomes at least in mediation proceedings requires a focus and understanding of managing the people involved rather than solely focusing on the dispute itself. In mediation, it is essential to create an environment that fosters amiability and allows the parties to approach the dispute rationally.

    One key strategy is to address and satisfy the ego of the parties involved. Until allegations and blame games are set aside, tempers will likely escalate, and reaching a resolution becomes challenging. By acknowledging and understanding the emotional state of the parties, we can create a conducive atmosphere for effective mediation. It is crucial to empathize with their perspectives and put ourselves in their shoes, as this increases the likelihood of finding common ground and resolving the dispute.

    However, when the proceedings shift to a legal forum, such as arbitration or other formal legal processes, the approach changes. In those situations, the focus shifts towards applying the relevant law and assessing its applicability to the specific case. While legal proceedings require adherence to applicable laws, in mediation, the emphasis is on addressing the underlying interests and concerns of the parties to achieve a mutually agreeable resolution.

    In summary, successful mediation involves skilfully managing the parties involved by creating an environment that encourages open dialogue and rational problem-solving. Understanding the parties’ mindset and satisfying their egos can pave the way for productive negotiations. In contrast, legal proceedings rely on the application of law to determine the outcome of the dispute.

    Your career progression shows that you have worked with various law firms and represented clients before different courts and forums. How have these experiences shaped your skills and knowledge in legal drafting, case management, and client handling?

    Throughout my career, working with various law firms and representing clients before different forums has significantly shaped my skills in case management and client handling. During my early years in the profession, I had the opportunity to handle a diverse range of cases, including commercial arbitration at both domestic and international levels. Although initially, my access to client handling was limited, however, as I gained the firm’s trust and acquired more experience in the field, I gradually took on client handling responsibilities as well.

    This exposure to client handling provided valuable insights into understanding the mindset of clients and the challenges they face. Each client is unique and requires personalized attention in terms of their expectations, concerns, and preferred communication style. It taught me the importance of building rapport and trust with clients while managing their expectations throughout the legal process. Clients not only seek a favourable outcome but also expect a high level of professionalism, effective communication, and timely updates from their legal counsel. Additionally, I realized that the drafting requirements for each client vary significantly. Some clients prefer a simple and straightforward language, while others may prefer a more assertive or aggressive tone, depending on the nature of the case and specific circumstances. This understanding comes with experience and often involves a trial-and-error approach to find the best approach for each client.

    Furthermore, when I transitioned to a new law firm, I had to adapt my writing practices to suit the firm’s preferred style and meet client requirements. This adaptation was necessary for convenience, ease of review, and consistency within the firm’s established formats. In many cases, clients or firms prefer to adhere to a well-settled format, as it minimizes unnecessary changes and allows for efficient review processes. This expectation is not unreasonable, especially when there is a significant workload to manage and review.

    In summary, my experiences with various law firms and client representations have honed my skills in case management and client handling. It has taught me the importance of tailoring my approach to suit each client’s unique expectations and needs while also adapting to the practices and formats preferred by the firm. Flexibility, effective communication, and a client-centric approach have been key factors in providing quality legal services and achieving successful outcomes for my clients.

    The Insolvency and Bankruptcy Code (IBC) is one of your key competencies. Could you share some insights into your experience with IBC, including any major amendments or court precedents you have studied and applied in your work?

    Since 2018, I have had extensive experience with the Insolvency and Bankruptcy Code (IBC), which has undergone multiple amendments and continues to evolve. These amendments reflect the dynamic nature of the statute, addressing the evolving needs of stakeholders and providing clarification for the courts and parties involved.

    My journey with the IBC began when I was entrusted with handling a client that had successfully acquired a stressed asset under the provisions of the IBC. Despite the clarity available in law at the time, my client faced numerous challenges and demands during the implementation of the approved resolution plan. Through collaborative efforts with my team and guidance from senior partners, we navigated these challenges by presenting our arguments before various courts and forums across the country. This experience allowed me to understand the unique aspects and procedural nuances of different high courts, as I travelled to Allahabad, Bombay, Jammu, Odisha, Nainital, and others.

    One notable accomplishment during this journey was successfully challenging and defending a criminal prosecution of my client based on a recent amendment to the IBC. This resulted in one of the most recent high court orders (at the time) quashing the criminal prosecution against a corporate debtor that had been successfully resolved under the IBC. This order marked a significant development and showcased the evolving legal landscape surrounding insolvency matters.

    Additionally, I have also successfully challenged statutory demands based on the provisions of the IBC. By closely analysing the relevant provisions and aligning them with our client’s case, we were able to defend against these demands effectively.

    Overall, my experience with the IBC has provided me with valuable insights into its evolving nature and the challenges faced by stakeholders. Through handling complex cases and navigating various courts, I have developed a deep understanding of the IBC’s intricacies and the practical implications of its amendments.

    Throughout your career, you have represented diverse corporate clients. How do you effectively manage client relationships and ensure their needs are met while navigating complex legal matters?

    As already stated above, each client comes with a specific set of problems and expectations. Effectively managing client relationships while navigating complex legal matters requires a delicate balance of understanding the client’s perspective and expectations while providing candid advice and managing their expectations realistically. 

    Open and transparent communication is key. It is essential to be candid with clients about what approaches are feasible and what may not work within the legal framework. False hopes should be avoided, and instead, clients should be provided with a comprehensive understanding of the pros and cons of different strategies, enabling them to make informed decisions. Clients appreciate being involved in the decision-making process and having a clear understanding of the potential outcomes.

    Timely and regular communication is crucial in maintaining strong client relationships. Clients value being kept informed about the progress of their case, any developments, and upcoming milestones. Maintaining clear records and documentation ensures that both the legal team and the client have an accurate and up-to-date understanding of the case. This enables clients to have a comprehensive record of their legal matters and facilitates effective collaboration between the client and the legal team.

    Additionally, actively listening to the client’s concerns and objectives allows for a deeper understanding of their needs and enables the legal team to tailor their approach accordingly. Regularly seeking feedback from clients ensures that their expectations are being met and provides an opportunity to address any concerns promptly.

    In summary, managing client relationships in complex legal matters involves clear and honest communication, managing expectations realistically, providing comprehensive information about potential outcomes, maintaining timely and accurate communication, and actively listening to and addressing client concerns. By striking the right balance between understanding the client’s perspective and providing expert legal advice, client relationships can be effectively managed and successful outcomes achieved.

    Q8. With your extensive research skills, how do you stay updated with the latest legal developments, court precedents, and amendments? How important is it to stay abreast of these changes in your field?

    Staying updated with the latest legal developments, court precedents, and amendments is crucial for a lawyer to provide effective representation and advice to clients. It is important to be aware of changes in the law as they can significantly impact legal strategies and arguments in a case.

    Being up to date with legal developments allows a lawyer to understand the evolving legal landscape and adapt their approach accordingly. It helps in identifying new arguments or defense that may arise from recent amendments or court decisions. Conversely, it also ensures that outdated provisions or precedents are not relied upon, which could lead to embarrassing situations in court.

    In today’s digital age, there are various resources available to stay informed about legal developments. Social media platforms, legal news websites, and legal research applications provide prompt updates on important cases, judgments, and legislative changes. These resources offer convenience and accessibility, allowing lawyers to tap into them for relevant updates in their practice areas.

    Engaging in thorough research is a valuable tool for a lawyer. Researching and analyzing relevant case laws and precedents help in understanding different interpretations of the law and can strengthen the arguments put forth in a case. Additionally, discussing legal matters and exchanging knowledge with colleagues can broaden the information source and provide different perspectives on legal issues.

    In summary, staying updated with the latest legal developments, court precedents, and amendments is crucial for a lawyer to provide effective representation and advice. The availability of digital resources and engaging in research and discussions with colleagues help in staying abreast of such changes, ensuring that legal strategies are informed, current, and aligned with the most recent legal developments.

    Could you share a challenging case you encountered and the innovative solution you developed to overcome the legal risks and complexities involved?

    In one challenging international commercial arbitration case, the opposing party had made a demand for breach of contract wherein various transactions were executed between the parties. However, upon reviewing the agreements between the parties, we discovered a loophole. One of the agreements stated that the transaction in question would be subject to the law of the country where the entity was registered.

    Taking advantage of this loophole, we developed an innovative solution. We argued that the entire transaction should be deemed void based on the law of the country where the entity was registered, without delving into the nature of the transactions or the parties’ breach of obligations. Our argument focused on the interpretation of whether a transaction not mentioned in the list of valid transactions should be considered valid or whether the lack of inclusion in the list rendered it invalid.

    This case demonstrated the importance of thorough contract analysis and creative problem-solving in finding alternative legal arguments to support our client’s position. By identifying the loophole and developing an innovative argument, we were able to overcome the challenge posed by the opposing party’s breach of contract claim.

    Lastly, what advice would you give to fresh law graduates who are just starting their careers? Based on your experience, what key qualities or skills should they focus on developing to succeed in the legal profession?

    For fresh law graduates starting their careers, here are some key advice and qualities/skills to focus on developing:

    1. Gain Procedural Law Exposure: It is essential to have a good understanding of procedural law, as many litigations originate from district courts where procedural aspects play a significant role. Familiarize yourself with court procedures, filings, and the rules governing different types of cases. This knowledge will be valuable when handling litigation matters.

    2. Research Skills: Cultivate strong research skills, as they are the foundation of a successful legal practice. Learn how to efficiently find and analyse legal precedents, statutes, and relevant case laws. Being able to navigate through legal databases and stay updated on the latest legal developments will give you an edge in providing well-researched advice and building strong arguments.

    3. Perseverance and Industry: Consistency and hard work are crucial in any profession, including law. Embrace the challenges and setbacks that come your way and maintain a determined attitude. Success in the legal field often requires continuous learning, adapting to changes, and consistently putting in the effort to excel. Perseverance will help you navigate through tough times and emerge stronger.

    4. Effective Communication: Develop strong communication skills, both written and oral. Clear and concise communication is vital in conveying legal concepts, negotiating, drafting documents, and representing clients effectively. Practice and refine your ability to communicate complex legal issues in a way that is easily understood by clients and colleagues. One of my mentors always used to say, if you are not able to state the problem in less than 3-4 lines that means you have still not understood the crux of the problem which needs to be addressed.

    Get in touch with Arvind Thapliyal

  • I believe the important lesson for any fresh graduate “is to be humble”-Talha Abdul Rahman, Advocate on Record, Supreme Court of India

    I believe the important lesson for any fresh graduate “is to be humble”-Talha Abdul Rahman, Advocate on Record, Supreme Court of India

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

    Sir, could you please share with us how you decided to pursue law as a career and what inspired you to take this path?

    To begin my professional story, I must start in Faizabad, where I grew up. Faizabad did not have many great educational opportunities, which led me to relocate to Lucknow. As a teenager, computer science, and technology generally, engrossed me and was all set to study computer science engineering. However, towards the end of Class XII, I had begun to take great interest in work that involved a more people-centric approach and leadership positions. I became increasingly interested in works that could affect people in a very personal way. Naturally, I veered toward the law. Of course, my family was surprised by my decision and  I did face resistance. Here was a bright student who could have potentially entered a great engineering college and secured his life or, at least, this is how my family saw it back then. My family did not consider law to be a profession of choice.

    Was it a rebellious decision to study law? I would say, yes. You see, the law was not as popular a course as it is today. And my mini-rebellion had to be tempered by studying law at the best place one could find in India. NALSAR fulfilled this criterion and with my family’s blessings, I got into NALSAR in 2003 and really enjoyed the next 5 years. I enjoyed law and legal studies and was almost smitten by it.  I am glad that I followed my heart and pursued law.

    Right after my graduation, I was offered the Shell Chevening Centenary Scholarship to study for a bachelor of civil laws (BCL) at Oxford University in 2008-2009. My time in Oxford grounded me in the law – overall it was a very humbling experience.  Until now, my most significant revelation has been the recognition of the vastness of the law as a discipline and  the extent of my ignorance. 

    The seminar system employed at Oxford acquainted me with distinct fields of study and acquainted me with fundamental concepts and ideas. These subjects were subsequently explored in greater detail during tutorials. Such a process necessitated diligent reading, and assimilation of cross-jurisdictional legal thoughts.

    Thereafter, I came to India and began work in the dispute resolution team at AZB & Partners (Mumbai), where I had the occasion of working with the very best litigators that a lawfirm in India had to offer. 

    I passed the Advocate on Record (AoR) Examination in 2017.

    You have a broad range of experience in different legal domains. Can you share with us how you gained exposure to such diverse areas of law?

    I have never tried to confine myself to any particular subject within the broad field of law. Obviously, there are areas within this broad field that I find more relevant or more interesting, but each area has its own charm—whether it be taxation law, dispute resolution, constitutional law, environmental law, commercial law, or criminal law, etc. The law is quite fluid. Indeed, as lawyers, we deploy disparate sources and subjects to put forth a particular interpretation of the law. It requires being insightful about a subject, but also to have a broadside view of the entire field. You should be able to see where your argument fits in the grand scheme of things – especially when law itself is fluid. In other words, one should not miss the forest for the trees. 

    My stint at AZB & Partners in Mumbai helped me familiarize myself with the various facets of dispute resolution and developing a solution oriented approach to working. Back in Lucknow, litigation work was varied, which involved everything from labour law to pure commercial law.   While at AZB, I was still guided by seniors; but at Lucknow with a different set of clients I had greater creative freedom. 

    Similarly, working in the chambers of former Solicitor General of India, Mr. Gopal Subramanium, exposed me to practical work in commercial, constitutional, criminal, and arbitration matters. I think, largely because of Mr Subramanium himself appeared in all kinds of matters, I began to assist him in variety of matters and eventually developed a practice that is diverse. 

    Could you talk to us about a case that you handled that was particularly challenging and how you managed to navigate through it successfully?

    Most cases in the Supreme Court come with their own set of challenges. One case that I particularly remember was the case concerning a town planning scheme in Raipur.  It was one of my earliest cases before the Supreme Court. After the first hearing, Mr. Subramanium who along with Mr Huzefa Ahmadi was leading us, advised us to get a complete record of the case running into several hundred pages and to make sure to have examined every page for legal points.  We managed to navigate through the case because we were very thorough with facts; and consequently managed to get the Supreme Court to decide the law also in our favour. It’s a different matter that the Government brought an ordinance to dilute the impact of the judgment. 

     As young lawyers, and perhaps even otherwise, we cannot neglect the facts and going through every page in the file is a necessity.

    As someone who has represented clients before both the Supreme Court of India and other courts, what are some of the differences in the approach that you take when representing clients in different courts?

    There is a marked difference in approach. This is primarily down to the nature of the jurisdiction of each court. Every step in a case is crucial and the approach differs in terms of the nature of arguments presented. First, the Supreme Court is the highest court in the land, and it is the final court of appeal. This necessitates a different approach than what you would normally take before a high court or a tribunal. This different approach entails finding out the error committed by the court below and identifying which point to place first. The window of presenting your argument is very short; and any delay or error in identifying the correct points worthy of Supreme Court’s interference is fatal. Even when questions of law are wrongly decided by the High Court, the Supreme Court may not want to interfere given the facts of a case.

    Second, in High Courts, the facts matter a little more; and on account of the obligation to give reasons – the hearing is also a bit elaborate.  Thus, the different approach is more down to the role of each court.

    I must point out that a counsel must be fully prepared no matter where the case is listed, because the basics remain the same.  When it comes to time, I feel that courts follow a pyramidical structure where the most amount of time is taken before the trial court and High Court.  In some cases, this is upset as well – which results in error which the Supreme Court then needs to correct. When this case goes before different courts, one needs to be mindful of the rules and legal principles that govern the jurisdiction and powers of the said court.  

    Can you share with us your experience working as a Junior Standing Counsel for the Income Tax Department and the Directorate of Revenue Intelligence?

    I was appointed as Junior Standing Counsel for Income Tax Department before the Allahabad High Court at the age of 26. In 2017, I was also appointed by the Government of India as Junior Standing Counsel of Directorate of Revenue Intelligence before the Delhi High Court.

    As a Junior Standing Counsel for the Income Tax Department and the Directorate of Revenue Intelligence, I was responsible for representing the Government of India in various legal proceedings, including litigation in the High Courts and the Supreme Court. I also provided legal advice to the Government on a variety of tax and revenue matters.

    My work as a Junior Standing Counsel was challenging and rewarding.  One thing that stands out is that while working with Income Tax Department as well as DRI, the officers are up to date with facts and sharp with law. They instructed me and for that matter all counsel generally pretty well. I enjoyed the professional approach that officers had while briefing their counsel.

    I had the opportunity to work on a variety of complex and high-profile cases, and I learned a great deal. I also had the opportunity to work with some of the best lawyers in the country. More importantly, I gained considerable experience by understanding the perspective of the state when it litigates before courts.

    What do you think are some of the essential skills that a lawyer must possess to be successful, and how have you developed these skills throughout your career?

    A lawyer is an amalgam of knowledge and communication skills. If you lack either, you are not a complete lawyer. Building a repository of knowledge requires a lot of sustained reading, and reading not just the law but various other subjects as well; and above all, listening. Writing comes next. Therefore, reading good texts and even well-written novels will help improve your vocabulary and the way you frame sentences – keeping in mind the audience.   Skills of critical thinking and analysis, are subsumed in the skill of acquiring knowledge.

    The other skill is communication, which comes in various shapes and sizes. From writing emails, to letters, to applications, to pleadings – we, lawyers write many documents, and in addition engage in serious oral advocacy – which again is a form of communication.  Lawyers need to be able to communicate effectively with judges, lawyers, clients, and even the general public. This includes being able to write clearly and concisely, and to speak persuasively. I developed these skills through my education, both at NALSAR and Oxford, through watching my seniors and peers, and inculcating the values of professionalism and hard work in my own work as an advocate. Having said that, I continue to work on it.

    Could you talk to us about any particular legal issue that you are particularly passionate about and why?

    I recently worked on the legal issues surrounding citizenship. I am fascinated by its legal conception and how the idea of citizenship has evolved over the years and its link to other rights. Hannah Arendt called citizenship “the right to have rights.” Arendt was skeptical about the concept of human rights—which, in theory, belong to every person but we are not sure how these rights are to be guaranteed. What role does the law play in securing rights to people is what fascinates me. The taking away of citizenship renders people stateless, a person who is not considered as a national by any State under the operation of its law. Statelessness often has a severe and lifelong impact on those it affects. They have little access to basic needs of life. I have written about the power of the state to render a person stateless, to strip them of citizenship and its attendant rights. In my paper titled, “Identifying the ‘Outsider’” in The Statelessness & Citizenship Review, I analyzed the law and the manner in which different courts addressed the issue of statelessness. The paper concluded that the framework of adjudication by Foreigner’s Tribunals does not constitute effective adjudication under the Constitution of India.

    Finally, what advice would you like to give to fresh graduates who are starting their career in law?

    I believe the important lesson for any fresh graduate is to be humble. This means treating everyone with utmost respect and humility, and to learn from everyone you come across. I have learned that you can gain valuable insight in the most non-traditional situations and from people you probably would not classify as “well-read”. When I started, and even today – I still often paginate petitions, correct typos, be corrected by junior and senior colleagues at the Bar, and take criticism with humility. 

    Shining on account of your work, wisdom and merit – continues to be one of the best ways to get work as a lawyer – despite what LinkedIn may suggest. It is important to be visible but the boundaries of ethics must never be breached. Where possible, attend various events for the sake of knowledge and reach out to lawyers in your area of interest. Building a relationship is important. 

    One also must learn to be patient, both with others and yourself. It takes time to build a successful career as a lawyer. Don’t get discouraged if you don’t find success right away. But you must put in the hard work and develop skills a lawyer must possess to succeed.

    Lastly, be passionate about the law. If you’re not passionate about the law, it will be difficult to succeed in the legal profession. Make sure you’re committed to the law before you pursue a career in it. One must have an attitude that if one lives a hundred years, one will learn a hundred years. Each day must be filled with some new judgment, principle, proposition, law, book, or an article that enhances your understanding of the law – or generally learn something new every day.

    Get in touch with Talha Abdul Rahman-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    In land transactions, revenue records remain to be updated.

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Murtaza Kachwalla-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Srikanth Hariharan-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    I think that both are always good and satisfying.

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

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

  • Try to step into the shoes of the client who needs to run a business and is seeking advice from you- Toshit Shandilya, Partner (Competition Law) at AZB & Partners

    Try to step into the shoes of the client who needs to run a business and is seeking advice from you- Toshit Shandilya, Partner (Competition Law) at AZB & Partners

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

    To start this conversation, could you please tell us how did you end up in law, and what inspired you to focus on competition law?

    Law was never planned. I was a science student who feared mathematics and was sure that medical was not in the mix because of many years of studies involved. That left a few choices — law still wasn’t an option. I come from Udaipur in Rajasthan, law wasn’t a popular choice in my city at that time, very few people knew about 5-year law course and existence of National Law universities. For me, law happened in the process of trying everything else that was left and during the preparation of entrances it looked interesting. Then I secured a spot at NLU Delhi as part of the first batch.

    Competition law isn’t a mandatory subject in law schools. I developed some interest in the subject after I did a couple of moot court competitions on competition law. In my university at that time, moot court competitions were far more important than they should be, partly because as first batch we had limited things to do and limited guidance. These moot courts helped me secure some internships in the competition law teams of law firms and then I started enjoying it. Competition law is a very practical law and every new case or a proposition requires you to understand how that business works. This is immense learning and the other thing is that this law requires you to understand economics which is very interesting.  

    You’ve worked with several prestigious law firms in India, including Talwar Thakore & Associates, Shardul Amarchand Mangaldas & Co., and now AZB & Partners. How has your experience differed across these firms, and what have you learned from each of them?

    I have been privileged to have worked with some of the best competition lawyers. It’s difficult to compartmentalize the learning because I have been at these places in different phases of my career.

    I started my career with undivided Amarchand and continued at Shardul Amarchand. The team then wasn’t large and they were already doing some of the most important cases. The biggest learning for me in my formative years there was agility and pace that law firm practice demands. We used to do multiple diverse things in a day ranging from attending a court hearing, advising on commercial arrangements, preparing merger notifications for many days. Over the period, as the team grew, working with people of different approaches and styles helped developed adaptiveness which has always helped me.

    TT&A competition team was small and doing quality work. My takeaway from this short stint was to develop strategic thinking. In some sense, this was shifting gears from being a pure executioner to a well-rounded lawyer who can be a trusted advisor to the clients.

    By the time I joined AZB I had spent more than 5 years practicing competition law and had experienced two law firms. AZB has been a great platform in honing skills of client management, leadership and providing commercial solutions. AZB as a firm encourages growth in terms of even young people taking up challenging roles and be the front and center of top cases. Obviously, you develop these skills as you go along but there is genuine encouragement and effort in pushing people to take ownership. This continues to be a good thing for me.

    The biggest learning common across the three places I have worked is to continue to keep the hunger to be better, to be part of leading cases, to be involved in policy shaping.   

    As a senior associate and now partner in the competition law team, you’ve worked on a variety of high-profile cases. Can you share some of the most challenging and interesting experiences and outcomes?

    It may sound cliched but every case is challenging, interesting and high-profile for the client you are working for. I have been very fortunate to have worked on a number of precedent setting cases. Regardless of the outcome, I have personally enjoyed working on some enforcement cases in the natural resources sector and technological markets.

    One of the most interesting cases that I had the opportunity work on was a case that defined the boundaries between competition law and sectoral regulators. There are areas between competition law and sectoral regulations that overlap and this interesting debate was settled by the constitutional courts. This was a great learning experience also because we had to deal with other areas of law and try to align them to the competition law.

    This is the age of technology and there are many cases in this area that I am currently working on. Novelty of issues in the tech cases I have worked on pushed us to go the extra mile to bring forth the most lucid way of putting across a point. It is really enjoyable to do that extra research and acquaint yourself to the issues, the product and then the competition concerns. The area is new to the lawyers and the regulators and therefore challenging.  However, the best part about technology related issues is that it is pragmatic, it relates to things happening around you, it feels like you are dealing with real life situations around you. The law is still developing in this field and it is a great opportunity to be part of development of law.

    Merger control is a big part of competition law. Could you walk us through the process of advising clients on securing CCI’s clearance for mergers across various industry segments, including telecom, technology, defence, cinema exhibition, aviation, packaging, and shipping?

    Merger control is a key part of competition law practice. Having narrowed down to practicing competition law, I couldn’t afford to confine myself to antitrust aspects only. Merger control may appear to be relatively straightforward but there are different kinds of challenges there.

    There is a lot of creative structuring of transactions and that makes the aspect of notification itself interesting. There are a series of exemptions which leave some room for interpretation and application.

    Then there is the actual notification part. You need to understand the business for making merger control filings with the CCI. There is a lot of interaction with the business teams while preparing the notification form to define market, to collect data and business specific information. In some complex merger control filings, there is a lot of economic analysis involved. The important thing about merger control is that it is forward looking so the regulator and the lawyers have to both be clear and careful at the same time when analysing a complex merger control case.

    You’ve also advised clients on competition as well as litigation in cases involving complex intersection of competition laws and intellectual property rights. How do you navigate these complex legal issues, and what are some of the key challenges you’ve faced in these cases?

    This is a very interesting intersection of two laws that aim to support innovation and consumer benefit. But on the face of it look contradictory. IP laws say that innovator should have exclusive right over its innovation and the competition law say that exclusivity is bad.

    So, when we faced cases where people complained against IP holders alleging abuse of dominance, it raised really complex issues. Thankfully, there was some guidance from other mature jurisdictions who have seen these issues. But to contextualize them in Indian context before courts was a very interesting experience. Some of these cases are still live and it will be an interesting to see how the CCI and courts decide these issues.  

    You clerked under Justice V S Sirpurkar, Former Chairman, Competition Appellate Tribunal and Former Judge Supreme Court of India. How did this experience shape your understanding of competition law and your approach to legal work?

    This was my last internship in the University. I had done 2-3 internships in competition law before this but undoubtedly, the clerkship at the COMPAT was most rewarding for multiple reasons. Learning the subject, preparing for cases and just general work ethic. I learnt a lot from the close association with Justice Sirpurkar.

    Had the good fortune of seeing some of the most important cases on competition law argued when I was assisting Justice Sirpurkar. In some sense it was my real exposure to the law. Because you could see all kinds of cases and all kinds of lawyers argue cases, I also closely saw the preparation that goes in preparing for a matter. Had a first-hand experience of seeing the difference between a manageable day, a good day and a great day in the court. Judges by definition are keen observers and a good preparation sets the case apart.

    Justice Sirpurkar is a generalist judge so he used to put in extra effort in understanding and studying the law. Consequently, I needed to study, discuss and analyse the legal issues with him regularly. That period was more of a practical education than of first brush with working in competition law for me.

    What are some of the most exciting developments in competition law right now, and how do you see the field evolving in the next few years?

    As I said earlier, this subject is extremely pragmatic and relatable so it is not going out of fashion anytime soon. On a lighter note, businesses as they grow big, they will do things to remain there and cartels date back to the beginning of the civilization so I don’t see that stopping anytime.

    What changes about the law is applicability to the things that are happening around you. Today the buzz in the town is big-tech and their conduct. There is an ongoing debate across the globe on whether the existing tools on competition law are sufficient to address the so-called new age problems around big-tech. In India, we have had our own share of play with big-tech some cases are decided others are under investigation. Policy level changes to have dedicated laws around regulating are being discussed and there is likely to be experimentation around that. So interesting times ahead and happy to be part of this.

    What do you like to do when you’re not practicing law? Any hobbies or interests that you’d like to share with our viewers?

    I listen to music and constantly try to revive my dying habit of non-law reading. Watching fiction takes most of my time reserved for hobbies and am trying to change that. If I could give one advise to lawyers just joining the profession, it will be that make that extra effort in keeping your hobbies alive, take time out to follow them. It is important to have them otherwise this profession can suck you into it without you even realizing it.

    Finally, what advice would you give to law students and young lawyers who are interested in pursuing a career in competition law, and what qualities do you think are essential for success in this field?

    That is a simple answer for me. Professional competence is important but it is just the bare minimum. You need to have an inquisitive mind and be practical in your approach. Try to step into the shoes of the client who needs to run a business and is seeking advice from you. These qualities are needed across the board for doing well in any stream of law.

  • I believe that publicity for a lawyer should be achieved through client satisfaction and maintaining high level of ethical and professional standards in the chosen field- Hari Narayan, Partner & Maritime Lawyer at United Maritime Law Chambers

    I believe that publicity for a lawyer should be achieved through client satisfaction and maintaining high level of ethical and professional standards in the chosen field- Hari Narayan, Partner & Maritime Lawyer at United Maritime Law Chambers

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

    Sir, can you tell us a little about your background and how you first became interested in law?

    Coming from a legal background, it was my natural instinct to get attracted to the legal profession and follow in the footsteps paved by my father and grandfather. I still remember my school days when my father used to take me to the court and let me watch the proceedings even though I never understood what transpired there. But it was still a thrilling experience for me to watch live actions in the courtroom which was entirely different from what was shown in movies. From my younger times, I was fascinated by the amazing world of law and had a strong determination to become a lawyer. Though my dream was to become a barrister I ended up being an advocate.

    What inspired you to specialize in maritime and shipping law specifically?

    During my initial days in the profession as a junior advocate, I had occasions to deal with matters relating to maritime and shipping law, including cargo claims and ship detention. But I never had a sound knowledge of this subject. The legal profession being a knowledge-based industry, I felt that it was necessary for anyone aspiring to specialise in any branch of law to acquire considerable knowledge on the subject. Shipping being an international branch of law it was all the more necessary to be familiar with International conventions which govern the field. India being a maritime nation and government promoting port sector and allied infrastructure development it is just a matter of time that maritime activities will flourish and as a consequence commercial disputes could emerge. That apart, only very few firms in India handle maritime disputes on an exclusive basis.  It was in this background that I felt the need to set up a boutique firm handling maritime-related issues. 

    Can you walk us through some of the most interesting cases you’ve worked on throughout your career?

    Shipping-related issues are always interesting considering the element of adventure involved in maritime. During ancient days, the shipping industry was considered suitable for those who are bold and brave and ready to face the perils of the sea. I had occasions to conduct maritime cases on a pan india basis involving huge stakes and also cases relating to piracy, salvage and general average which are not very common in India. One such case which went all the way to Supreme Court was related to the detention and arrest of crew onboard a foreign flag vessel suspecting possession of arms onboard. In fact, the vessel was involved in anti-piracy operations and as part of its engagement to provide security for merchant vessels transiting through high-risk areas, it used to deploy armed guards. On the premise that possession of arms without license is illegal under the Arms Act in India, the entire crew onboard the vessel was arrested most of whom are foreign nationals. The crew were forced to remain in India for a few years until the court set them free of all allegations. I also had occasion to appear before foreign seated arbitral tribunals in disputes relating to Charter party, new constructions, salvage etc. I was also fortunate to be nominated as  arbitrator under LMAA terms on a couple of occasions.

    You’ve spoken at numerous international events and served as a faculty member at several universities. What motivates you to pursue these opportunities outside of your practice?

    I always believe that if sharing your experiences and knowledge even if in a small way could benefit others then that is the best way to reciprocate what the legal industry has given you. That apart, interacting with people from different parts of the world will give us new ideas and also provide with new opportunities, for further advancement of career. It is often said that being a lawyer, you are part of a learning process almost every day and therefore through knowledge sharing sessions you also gain valuable insights into new developments in the field of law. 

    Can you share any particular challenges or obstacles you faced while building your law firm, UMLC?

    Though we were able to develop shipping practise within India in considerably short period of time, it was not an easy task to make the presence of the firm felt in the international arena. However, with constant efforts including attending international conferences and building a global network especially in key jurisdictions the firm was able to get over the initial struggles during the formative stage. When foreign firms are able to publicise their core strengths and achievements through advertisements and websites, we still have restrictions to follow the same in India. Thus atleast in maritime sector it doesn’t provide a level playing field thus putting Indian firms to much disadvantage. Having said that I believe that publicity for a lawyer should be achieved through client satisfaction and maintaining high level of ethical and  professional standards in the chosen field. 

    What do you think sets UMLC apart from other law firms specializing in admiralty law?

    Apart from regular cargo claims and ship arrests, our core area of specialisation lies in charter party disputes which eventually lead to maritime arbitrations seated in foreign jurisdictions. Doing LLM in maritime law from Southampton University has indeed helped me in connecting with key people in the industry especially those working in clubs and shipping law firms abroad. This has tremendously helped us in handling legal matters in India as well as in foreign jurisdictions with lot of ease and comfort.

    As someone who has been in the legal field for over 25 years, what advice would you offer to recent law graduates who are just starting out?

    The only advice I could give to young potential lawyers is that there are no shortcuts to success and the only way to achieve the same is through hard work, dedication and perseverance. One should never compromise on ethics and must follow the best practices in the industry. Take up every opportunity you get as a learning experience and never stop learning. 

    Get in touch with Hari Narayan –