Reflecting on your journey from studying law to becoming a director at Vikas Sharma & Co Ltd, what specific moments or individuals inspired you to pursue a career in law? What were some of the challenges you faced and how did you overcome them?
I come from a lineage of lawyers, with my maternal great grandfather practicing in Hissar, Haryana, and both my grandfather and father in Ratangarh, Rajasthan. Growing up in Ratangarh, I was deeply influenced by the respect lawyers commanded in a small town. Visits to court with my father and uncles were frequent, and the court premises felt like a second home. Initially, my interest wasn’t in the law itself but in the sweets and pampering I received from my father’s clients and lawyer friends. However, over time as I grew older, observing my family’s dedication and the impact they had on people’s lives inspired me to pursue law seriously.
My father, the late Shri Shyam Sunder Sharma, played a crucial role in encouraging me to aim higher and move to the Supreme Court. I learned not only how to prepare a case from him, but also how being a lawyer is more than just a business but a way to help people and enjoy the process. One of the pivotal moments was my working with Group Captain Karan Singh Bhati at the Supreme Court of India, where I gained invaluable experience representing the State of Rajasthan. Group Captain Bhati was then standing counsel for Rajasthan.
The passing of my father and two uncles was a significant emotional challenge, prompting me to move to Scotland for a master’s degree in law. This move was both a personal and professional turning point, allowing me to start afresh in a new environment. The journey was filled with obstacles, but the support of mentors like Mr. Vincent Buffoni and Mr Matthew Cohen, and my persistence in adapting to new legal systems, helped me overcome these challenges.
Can you share the journey of how you transitioned from practicing various areas of law to specializing exclusively in immigration law? What motivated this shift?
The transition to specializing in immigration law was largely serendipitous. Once I qualified as a solicitor in England and Wales, I joined Vincent Buffoni & Co, a central London law firm. While working with Mr Vincent Buffoni, an Oxford graduate who was very humble and thorough, I gained experience in UK immigration law. Initially, barristers handled appeal hearings, but Mr. Buffoni trusted my abilities enough for me to represent clients. After gaining hands-on experience in immigration cases, I became interested in the field more deeply earlier
Having worked in London for a few years, I returned to Scotland where I had earlier completed my LLM degree. Since English and Scottish legal jurisdictions are separate, I had to pass conversion exams to become a Scottish solicitor. My litigation background allowed me to handle all kinds of court matters when I moved to Aberdeen and joined Mathew Cohen and Associates Ltd. There was, however, an increase in demand for immigration law services. Aberdeen, being the oil capital of Europe, had a clientele that required legal assistance for complex immigration issues. A growing number of cases and the complexity involved led me to focus almost exclusively on immigration law, which I found intellectually stimulating and professionally rewarding.
With over 20 years of experience, what key insights have you gained about the intricacies and challenges within immigration law that may not be apparent to those outside the field?
One key insight is the profound impact of immigration law on individuals’ lives. It’s not just about legal procedures but about people’s futures, their ability to stay with their families, and their livelihood. The emotional and personal stakes are incredibly high, which adds a layer of complexity and responsibility to each case.
Another challenge is the ever-evolving nature of immigration law. Policies and regulations change frequently, requiring constant learning and adaptation. Navigating these changes while advocating effectively for clients demands meticulous attention to detail and a comprehensive understanding of both the legal and human aspects of each case.
Could you please provide examples of some of the most complex immigration cases you’ve handled and how you approached resolving them? What lessons did you learn from these experiences?
Compared to London and other major cities in the UK, Aberdeen’s clientele is different. As Aberdeen is an oil capital in Europe, most of the clients are well educated professionals working in the oil industry. Therefore, they engage you only when a case is too complex for them to handle. As a result, almost all of my cases are quite complex. It was last week that I argued an appeal in which the UK government refused the appellant’s permanent residence/indefinite leave to remain application because the appellant has served a non-custodial sentence in a criminal case. The Home Office lawyer accepted before the judge that the application should not have been refused given that the appellant’s application to work in the UK had been approved despite a criminal conviction. In my argument, I relied on the principle of legitimate expectation, which was well received by the Home Office lawyer. We had another appeal where the husband of one of our clients was being removed from the UK due to criminal convictions. As a result of hugging his coworkers, he was convicted. It was my contention that the immigration rules that governed his removal contained an element of discretion. In this case, neither the UK government recognized or explained why discretion inherent in the immigration rule was exercised against the appellant. The judge allowed the appeal. Another case involved a Thai lady who was married to a British national and they had two British children. After the marriage ended, the British husband relocated to another part of the UK with the children. Due to the expiration of her visa and lack of funds, our client was able to move to the new city where her ex-husband and children had moved. Since her children lived away from her, the UK government refused her application on the ground that she was not actively involved in the upbringing of the children. Despite living away from her children due to circumstances beyond her control, I argued that she still had a genuine and enduring relationship with them. The appeal was dismissed, as were the applications to the Upper Tribunal. As a result of the Court of Session’s intervention, the matter was referred to the Upper Tribunal, where the appeal was ultimately allowed.
The lessons I learned from cases in which I didn’t receive a successful outcome initially are that ultimately success will be attained if the legal point is in our favor regardless of how many judges dislike it.
What inspired you to establish your own law firm, Vikas Sharma & Co Ltd, in Aberdeen? How does it differentiate itself in terms of approach and client experience compared to other firms in the area? Also, what challenges did you come across during the initial days of your firm?
I joined Matthew Cohen Associates as the head of the immigration law department in 2010. It was in 2018 that I joined The Chamber Practice as a partner. Since I was running both firms’ immigration law departments, I was responsible for providing the best service to my clients. As a result, setting up Vikas Sharma and Co Ltd did not make a significant difference in the way the firm assisted clients. Having my name on my firm helped my previous clients find me and gave me more freedom to run my business. Besides the procedural requirements for setting up a law firm in Scotland, which are quite onerous, I had no problems because I have been serving people here for more than 15 years and my previous clients found me through Google reviews.
Considering your background as an advocate in the Supreme Court of India, how do you perceive the differences in legal systems between India and the UK? Are there any insights from your experience in India that you apply to your practice in the UK?
The process of preparing a case for court and presenting it to the court does not seem to differ much between India and Scotland. However, there are many other distinct differences, such as the requirement that a law firm be insured before starting to practise, and the Law Society of Scotland is much more strict in its regulation of this profession than Indian bar councils. At the outset, lawyers here are required to provide engagement letters outlining the costs involved and how unhappy clients can make complaints. The Law Society of Scotland regularly inspects law firms to ensure compliance with rules of practice. Keeping the office and clients’ bank accounts up-to-date is a mandatory requirement. Generally, lawyers specialize in one area of law, such as family law, immigration law, or criminal law. Lawyers must advise clients efficiently because the cost of cases can be enormous, otherwise, they will be liable for claims and complaints. Once the pleadings are complete and the case is ready to proceed to the evidence stage, the lawyers of the parties determine if their client’s case deserves to proceed to the next stage since the client could end up paying the other party’s legal costs. As far as I’m concerned, the Scottish legal profession is much more strictly regulated than that in India.
Transitioning from practicing law in India to establishing yourself in the UK legal system must have been a significant change. Could you share your experiences and insights regarding this transition? What were some of the biggest challenges you faced, and how did you adapt your legal expertise to the new environment?
Interestingly enough, I struggled little to establish myself as a lawyer here. Vincent Buffoni, the partner of the central law firm and an Oxford graduate, had earlier shown me trust, and later Matthew Cohen, a principal of a Scottish law firm, gave me an opportunity to appear in Scottish courts. In this region, I am the only Indian lawyer and have even appeared in smaller towns such as Peterhead and Stonehaven where English is spoken in a very different accent. In terms of my work, speaking English with an Indian accent or my origin has not had any adverse effects. My experience as a lawyer in India extends even to smaller towns such as Ratangarh and Shri Dungargarh, as well as the High Courts of Rajasthan and Delhi and the Supreme Court of India. Having moved from a small town to a higher court already prepared me to handle the changes and adapt to them. I believe that when it comes to practising as a lawyer, there are certain requirements regardless of the country or court: knowledge of facts, knowledge of applicable law, understanding the stakes for the client, empathy towards the client, and the ability to represent the client before a judge.
Any new court requires adaptation, whether it is the District Court of India or the Supreme Court of India. In the same way, adapting to the courts of the UK involves a series of steps. As part of my adaptation process, I sought guidance from experienced colleagues and continued learning about the nuances of the UK legal system. A crucial step toward becoming an English and Scottish solicitor was passing the conversion exams. Additionally, I qualified as a solicitor in Ireland and worked with a firm there in 2017. I was able to successfully navigate this transition by embracing the differences and leveraging my foundational legal expertise.
With your wealth of experience in the legal profession, what advice would you offer to the new generation of aspiring solicitors and advocates who are just beginning their careers, particularly those interested in specializing in immigration law?
For aspiring solicitors and advocates, my advice is to develop a deep understanding of the law and stay updated with the latest developments. Immigration law is a dynamic field, and continuous learning is essential. Practical experience through internships and mentorship from seasoned professionals is invaluable.
Specializing in immigration law requires empathy, patience, and a genuine desire to help people. Building strong client relationships and maintaining integrity in your practice are crucial. Always approach each case with meticulous preparation and a commitment to achieving the best outcome for your clients.
We may enter this noble profession motivated by the motivation to help people, but it is the discipline that earns us credibility and reputation with clients, colleagues, and the judicial system.
Due to the ever-changing nature of immigration law in the UK, no one can claim to be an expert. It is therefore important that we stay on top of any amendments to the rules, regulations, policies, and statutes as students of law.
With the demands of your legal career, maintaining a healthy work-life balance is crucial. Could you share some of your favorite ways to relax and unwind outside of the office? How do these activities contribute to your overall well-being and productivity in your professional life?
When I am in control of my work, I feel relaxed. Consequently, I try to answer all my emails and phone calls by the end of the day. If I am unable to complete the work, I email the client when I will complete it. In the end, it comes down to managing the expectations of others.
After a difficult day at work, watching a good movie or web series helps me unwind. Since I have a sweet tooth, I run approximately 5 kilometers a day and do push-ups and squats on alternate days. Scotland is close to nature and picturesque, so I have chosen to settle there. It is relaxing to take a drive in the Scottish countryside and to have an Indian cup of tea to clear my mind. In spite of living in Scotland for almost 20 years, I remain a teetotaler and a vegetarian, so I still drown my stress in tea rather than Scotch.
Ms. Raghavan, you have a remarkable career in corporate law, leading the Corporate Transactions practice at AK Law Chambers. Can you share with us the journey that led you to pursue a career in law and what sparked your interest in this field?
I come from a family of litigating lawyers (my grandfather KR Gopivallabha Iyengar was a judge of the Karnataka High Court and my father, Mr. KG Raghavan, is a senior advocate in Bangalore) and I am now the third generation lawyer. While I was always keen on becoming a lawyer from very early on, I wanted to establish a practice to create an identity of my own and on my own merit and consequently, I wasn’t sure if I wanted to pursue litigation as my area of specialisation. In addition to being a lawyer, I am also a qualified company secretary. As part of the CS course, I worked with the GMR Group. During my stint for a little over a year there, I was exposed to working with the legal and secretarial team alongside the business vertical with a focus on getting business done within the framework of the law rather than academic interpretation of the law. I even had the opportunity to be a part of the board meetings. When I met my husband, Anirudh Krishnan, in London during my LLM at the London School of Economics, our idea was that if we were to setup our private practice together, our skill sets should complement each other and not duplicate. All of this instilled a keen sense of desire to work in an area that is a bridge between the business world and the law and consequently pursuing a career in corporate transactions was the perfect fit.
Your educational background is impressive, with a Bachelors in Law from University Law College, Bangalore, and an LLM from the London School of Economics. How did your educational experiences shape your legal career and influence your specialization in corporate and commercial law?
An undergrad degree equips you to be a lawyer sans specialisation in most 5 year programs However, the LLM degree in LSE, UK changed my perspective on how to approach a given factual matrix and debating the ‘why’ of the law given that I shared a classroom with some of the best students from top schools across the world and was taught by some of the world’s best subject matter specialists. While at LSE there were two specific courses that added to my already keen interest in corporate and commercial law – International Business Transactions and Project Finance & Public Private Partnerships. However, according to me, much of my specialisation came to me as a learning on my first job with Mr. TK Bhaskar. But I would like to add that, over the years, since I have setup my own vertical in the area of corporate commercial transactions at AK Law Chambers, the LLM has visibly given me an edge when a client has to decide between two or more prospective lawyers.
Being a qualified company secretary and securing a gold medal is quite an achievement. How has this additional qualification complemented your legal practice, particularly in corporate transactions?
Thank you. I believe that having an additional qualification such as the company secretaryship has definitely added an intangible benefit to my practice. I am now in a position to provide my clients with the wholistic advice on how to structure and negotiate a particular transaction not only from the legal point of view but also from the financial and secretarial point of view and any Private Equity or M&A transactions would necessarily involve all three aspects – legal , finance and secretarial.
You have been recognized by prestigious platforms such as Chambers & Partners, Thomson Reuters, and Legal 500. What do these accolades mean to you, and how have they impacted your professional journey and reputation in the legal community?
The accolades are a recognition of the good work that one has done and a motivation to keep getting better each year. However, today the market is flooded with plenty of awards and several that come with a ‘nomination fee’ or a ‘registration fee’. We as a firm have a no payment for recognition policy and therefore I feel that those that I have earned are truly on the basis of the work we do. That being said, I am very grateful for the recognition and accolades that I have received and several of these carry a very good reputation and value internationally.
Your work in private equity, mergers and acquisitions, and general corporate advisory has been highly acclaimed. Could you tell us more about one of the marquee deals you were involved in, specifically the Mahindra Logistics acquisition of Whizzard, and what made it stand out as the deal of the year?
After 15 years of practice, I have come to see how few women stay on in the profession and put themselves out there – especially at negotiation tables in PE & M&A transactions. I’d like to use the word ‘marquee’ in two contexts – one where the deal itself is complicated and requires manoeuvring through the nuances of the law – like the Mahindra deal which was a deal involving an acquisition by a listed company and also had to be completed in a time bound manner of less than 5 days (where typically deals take around 45-90 days). There was another deal that I advised on wherein the investors from Mayalsia were exiting an Indian hospital and selling shares to a non-resident Indian and therefore the deal involved compliances and structuring under multiple jurisdiction. There is yet another deal I advised on which was a Rs. 1200 crores fund raise by a Section 8 company involved in a highly sensitive project in India. Some of these deals are in the public domain, while others are not. The other context of marquee, in my view is a transaction where the entire team of lawyers for all parties were all women – in this deal even the CFO of the investor was also a woman and when we closed the deal it left me with a sense of pride!
In addition to your legal practice, you actively mentor the start-up community and engage with organizations like TiE Bangalore and NASSCOM. How do you balance these roles, and what drives your passion for supporting startups and innovation?
I work with companies at all stages – companies that are still at an idea stage to multi-national companies that have several business verticals across countries. I would like to bring my expertise to help startups since they are the future of business in India and when they grow we grow with them. Organisations such a TiE, NASSCOM, etc provide a great platform for me to give back to the society in the way I can.
Beyond your professional achievements, you are also a trained veena artist and serve on the executive committee of the Madras Music Academy. How do you integrate your passion for music with your demanding legal career, and what role does music play in your life?
I have learnt the veena for over 30 years now and it was something that my mother was very particular about. Her objective in me being trained in music was two-fold, I would learn the music itself and also would inculcate the art of being able to focus. I believe that this has truly helped me at several points. My profession can get a bit monotonous at times and music brings in the refreshing change to my day. I believe it is important to keep your passions alive outside of your profession so that when you take that break and come back to work, you are recharged to give your best.
As someone who has achieved so much in both your professional and personal life, what advice would you give to fresh law graduates who are just starting their careers in the legal field?
Use your time at your internships well to assess which is the area of law that interests you and not go behind the mere “image” of a practice that looks externally appealing. In my opinion the first boss is probably more important than the area of work since the mentorship that you receive in your initial years will shape your professional life for several years thereafter. Also, if you choose to take up a particular area of practice, give it atleast 2-3 years so that you are able to see the full cycle of a deal or a case and understand to some extent what the area of practice entails.
Could you please share with us the journey of how you found inspiration to pursue law, followed by your decision to delve into Company Secretaryship, and then continuing your education for Doctor of Laws with a focus on taxation? What motivated these transitions and how do you believe they have contributed to your expertise in the field today?
My journey into law was inspired by my family’s long-standing legacy in the legal profession. Growing up in a household where legal discussions were a part of everyday life, I developed a natural inclination towards the field. After completing my BA LLB (Hons.) from the University of Rajasthan, I realized the importance of understanding corporate governance, which led me to pursue Company Secretaryship from the Institute of Company Secretaries of India. This qualification provided me with a deep insight into corporate laws and practices, complementing my legal knowledge.
My interest in taxation, particularly GST, emerged from the evolving economic landscape in India and the significant impact of tax laws on businesses. Pursuing an LL.M in Commercial Law from the University of Bristol and later a Doctor of Laws with a focus on GST from JECRC University, allowed me to specialize in this area. These educational transitions were driven by a desire to build a comprehensive understanding of the legal and corporate world, which I believe has been instrumental in my role as a Managing Partner at KSV TAX CONSULTANTS, enabling me to provide holistic and informed advice to our clients.
As the Managing Partner at KSV TAX CONSULTANTS, you oversee various aspects of the firm’s operations. Could you share with us some key strategies or initiatives you’ve implemented to foster growth and maintain the firm’s competitive edge in the field of taxation?
When I took over as Managing Partner, my primary focus was on consolidating and expanding our services. One key strategy was to integrate all our legal services under the KSV banner, which provided a unified identity and streamlined our operations. We also expanded our reach beyond our traditional geographic limits, establishing a presence among international clientele such as Japanese, UK, US, and UAE.
Collaborating with firms that specialize in areas beyond our core competencies allowed us to offer a comprehensive suite of services to our clients. Additionally, we emphasize continuous learning and pro bono training, especially on GST, to ensure that our team and clients are well-informed and compliant with the latest regulations. Our high success ratio and strong market reputation are testaments to these initiatives.
As a lead speaker on GST, you’ve had the opportunity to educate and inform many. What do you believe are the most common misconceptions people have about GST, and how do you address them?
One of the most common misconceptions about GST is that it is overly complex and burdensome for businesses. Many people believe that complying with GST regulations requires excessive paperwork and frequent changes to their accounting systems. To address these concerns, we focus on educating our clients and the public about the long-term benefits of GST, such as one nation one tax, improved tax compliance, elimination of cascading taxes and most importantly eradication of non-compliant players in the market.
We also conduct training sessions to simplify the GST framework, providing practical examples and hands-on guidance to help businesses transition smoothly. By breaking down the complexities and demonstrating the operational advantages of GST, we aim to dispel myths and build confidence in the system.
Having appeared multiple times on CNN News 18 for live talks on GST, what do you believe are the most pressing issues or developments in the realm of taxation that the general public should be more aware of?
One pressing issue in the realm of taxation is the need for greater awareness and understanding of the dynamic nature of tax laws, particularly GST. The general public should be aware of the frequent updates and amendments to tax regulations, which can significantly impact their businesses and personal finances.
Another critical development is the increasing focus on digital taxation and compliance. As the economy becomes more digitized, understanding the implications of digital transactions and e-commerce on taxation is crucial. I also emphasize the importance of proactive tax planning and compliance to avoid legal complications and penalties. By staying informed and adapting to these changes, individuals and businesses can navigate the tax landscape more effectively.
Your dissertation on the success of mergers and acquisitions offers a unique perspective. How do you see the legal landscape evolving in facilitating such transactions, particularly in light of global economic shifts?
The legal landscape for mergers and acquisitions is becoming increasingly complex and dynamic, influenced by global economic shifts and regulatory changes. One significant trend is the emphasis on due diligence and compliance, ensuring that transactions are transparent and meet all legal requirements.
With globalization, cross-border mergers and acquisitions are becoming more common, necessitating a thorough understanding of international laws and regulations. The rise of technology and digital platforms is also transforming the way these transactions are conducted, making the process more efficient but also more susceptible to cybersecurity risks.
To facilitate successful mergers and acquisitions, it is crucial for legal professionals to stay updated with global economic trends, regulatory changes, and technological advancements. This proactive approach helps in anticipating challenges and navigating the complexities of such transactions effectively.
What do you believe are the key factors contributing to the success and recognition of KSV Tax Consultants on a global scale?
Several key factors have contributed to the success and global recognition of KSV Tax Consultants. Firstly, our long-standing legacy of over seven decades has established a strong foundation of trust and reliability in the market. This legacy has been a cornerstone, providing us with a solid reputation built by my grandfather and father.
Secondly, my strategic vision in expanding the firm’s services both nationally and internationally has significantly broadened our client base. By extending our reach beyond traditional geographic boundaries and establishing a presence in key international markets, we’ve been able to serve a diverse range of clients. Additionally, our focus on comprehensive service delivery, through strategic partnerships and a 360-degree service model, has set us apart from our competitors. This approach allows us to provide a full spectrum of legal and financial services, tailored to meet the unique needs of each client.
Furthermore, my emphasis on continuous learning and professional development has ensured that our team stays at the forefront of the latest legal and tax developments. We regularly engage in training sessions and consultancy services, often provided pro bono, to keep ourselves and our clients well-informed. This proactive approach has reinforced our reputation as a knowledgeable and client-centric firm.
Reflecting on your academic journey, you completed your LL.M at the University of Bristol, known for its excellence in legal education, and subsequently pursued a Doctor of Law at JECRC University. Could you share with us your experiences in both these academic environments, highlighting the insights gained from studying at an international institution like Bristol and how it compared to your experience at an Indian university like JECRC?
Studying at the University of Bristol was a transformative experience. The international exposure and diverse academic environment broadened my perspective on legal issues, particularly in commercial laws. The emphasis on critical thinking, research, and practical applications of law at Bristol equipped me with advanced skills and knowledge that have been invaluable in my professional career.
In contrast, my experience at JECRC University provided me with a deep understanding of the Indian legal framework of GST and its comparative study with Canada, Singapore, New Zealand and Malaysia . The focus on taxation law, especially GST, was particularly relevant given the significant tax reforms in India. The combination of these two academic experiences allowed me to integrate global best practices with local insights, enhancing my ability to address complex legal issues in both domestic and international contexts.
How do you approach mentoring and developing the next generation of tax professionals within your firm?
Mentoring and developing the next generation of tax professionals is a priority at KSV TAX CONSULTANTS. We adopt a structured approach that includes formal training programs, hands-on experience, and continuous learning opportunities.
New recruits undergo comprehensive onboarding training to familiarize them with our firm’s practices and the latest developments in taxation laws. We encourage them to participate in ongoing professional development courses and certifications to enhance their expertise.
Mentorship plays a crucial role in their development. Experienced partners and senior staff provide guidance and support, helping younger professionals navigate complex cases and client interactions. We foster a collaborative environment where knowledge sharing is encouraged, and every team member feels valued and supported.
Additionally, we also organize conferences, seminars, and workshops. These platforms not only expand our team member’s knowledge but also allow them to network with peers and industry leaders, furthering their professional growth.
With the demanding nature of your profession, how do you unwind and recharge outside of work? Could you share some of your favorite ways to relax and rejuvenate?
Exploring different Countries and Cultures;
Love to explore upcoming technology and models in automobiles being an automobile freak.
Love to explore luxury hotels for relaxation
Given your wealth of experience and expertise, what advice or suggestions would you offer to the current generation of aspiring tax professionals and legal scholars navigating the complexities of today’s business and legal landscapes?
Five mantras, “Dedication, Discipline, Honesty, Hard work and Self-confidence”. If you do your task with full confidence and efforts, you will succeed at first stage or next.
Your parents had distinguished careers, with your father being a banker and your mother an esteemed lecturer and poet. How did their careers and your early life in Madras and Bangalore influence your path to law?
Having a banker father and a lecturer and poet mother created a unique blend of influences that led me on a path to law. From my father I learnt the importance of strategic thinking and perhaps an understanding of dealing with clients. It is on account of my mother that I developed a love for language and reading, as also appreciation for the power of words, all of which are valuable assets in the legal profession.The ability to communicate effectively, analyse complex texts and craft persuasive arguments are all essential skills for a lawyer. Additionally, growing up in a household with diverse interests and perspectives helped foster a well rounded approach to problem solving and decision making, which are also invaluable traits in the legal field. Overall, the combination of influences from both parents provided a solid foundation for pursuing a career in law.
You had a diverse educational background, studying at various institutions across India. Can you share some pivotal moments from your time at Don Bosco Boys’ High School and Bishop Cotton Boys’ High School that shaped your future career?
Both Don Bosco Boys’ High School and Bishop Cottons Boys’ High School laid emphasis on the development of the whole person, integrating intellectual, physical, social, and spiritual dimensions, and the importance of values like kindness, respect, honesty, and responsibility. They also fostered traits such as integrity, perseverance, and leadership through various activities and mentoring, encouraging a spirit of service and compassion towards others, especially those in need.
After obtaining a BSc. in Microbiology, you pursued an LLB degree from Kerala University. What motivated this shift from science to law, and how did your scientific background benefit your legal studies and career?
Yes, transitioning from Microbiology to law is quite a departure. My uncle Prof. Krishnan Nair, who had been the Principal of several Government Law Colleges in Kerala and after retirement Principal of the Kerala Law Academy Law College at Thiruvanathapuram was instrumental in persuading me to take up law. He also presented me with copies of the many law books authored by him and reading through them, also got me interested. I think a science background promotes meticulous attention to detail and critical thinking and analytical skills, which are crucial in legal reasoning.
During your final year of LLB, you interned with Mr. K.K. Ayyappan Pillai, a renowned Tax Advocate. How did this internship shape your early career, and what were some key lessons you learned from Mr. Pillai?
Tax laws is a complex and specialised field. Mr K.K. Ayyappan Pillai, a renowned Tax advocate at Thiruvananthapuram proved to be a valuable mentor, being a stickler for minute details, with exceptional researching skills, an uncanny ability to immediately spot errors ,a staunch believer in “hands on training” and “thinking on your feet”. I remember while training under him, on one occasion he made me accompany a client and appear before an ITO on a question of Agricultural Income Tax. The ITO placed before me a document which was in Malayalam and asked me to read a portion of it. Not being able to read Malayalam I shot back – “I have read it, why don’t you do so?” The ITO then read out the relevant portion and I was able to make my submissions ! The client was overjoyed with the result that he treated all of us in Mr. Pillai’s chambers to cake and tea! Mr Pillai instilled in me a strong sense of professional skills emphasising the importance of integrity, confidentiality and ethical standards.
John & Co. was a significant milestone. Can you describe the challenges and triumphs you faced in the early years of establishing the firm?
I took over as Managing Partner of the law firm K.J.John & Co. when Mr K.J.John, a very respected and well known Advocate on Record of the Supreme Court decided to retire in 2001. Establishing a law firm comes with its share of challenges and triumphs, especially in the early years. Establishing credibility and a strong reputation in the legal community takes time and effort. Clients often prefer experienced firms, so proving competence early on can be challenging. Further, a law firm requires significant initial investment in office space, and personnel and managing cash flow and ensuring steady revenue in the early stages is critical. Balancing client work, administrative tasks, and development efforts can be overwhelming, especially with limited resources and personnel. However, triumphs include acquiring important corporate clients and successfully handling their cases, which not only validates the firm’s capabilities but also starts building its reputation. Assembling a team of talented lawyers and staff who share my vision and values was also a significant achievement. Achieving sustainable growth, expanding practice areas, or opening new offices are milestones that reflect the firm’s success and acceptance. We opened a branch office of the firm at Kochi which was successfully managed for many years by a very close friend and coursemate in law college, till he was elevated as a Judge of the High Court. Navigating these challenges and celebrating these triumphs requires resilience, strategic planning, and a commitment to delivering exceptional legal services. Each hurdle overcome and each success achieved contributes to the firm’s evolution and long-term viability in the very competitive legal field.
You’ve been involved in landmark cases like the Sahara and PACL cases and Nirma Vs SEBI. Can you share insights into these high-profile cases and what they taught you about the intricacies of Indian law?
Certainly! Each of these landmark cases provided valuable insights into the complexities of Indian law and the legal system. The Sahara and PACL cases, for instance, highlighted the importance of regulatory compliance and investor protection in the financial sector. These cases involved intricate legal arguments regarding securities regulations, investor rights, and corporate governance, showcasing the need for thorough due diligence and adherence to legal frameworks to ensure fair and transparent dealings in financial markets.
The Sahara Vs SEBI case is one of the most notable legal battles in Indian corporate and securities law history. It revolved around the issue of Sahara Group’s non-compliance with SEBI’s regulations regarding raising funds from the public through Optionally Fully Convertible Debentures (OFCDs). SEBI asserted that Sahara had raised billions of rupees from investors without proper regulatory approvals and disclosure requirements, thereby violating securities laws and jeopardizing investor protection. Sahara Group, on the other hand, contended that the funds were raised through private placements and were not subject to SEBI’s jurisdiction. The case spanned several years and involved multiple legal proceedings, including appeals to higher Courts. In 2012, the Supreme Court of India delivered a landmark judgment directing Sahara to refund the collected amount to investors with interest, through SEBI. The court also imposed hefty fines on Sahara for non-compliance. The SEBI Sahara case significantly contributed to shaping securities regulations in India, emphasizing the importance of investor protection, regulatory compliance, and transparency in fundraising activities. It also underscored the pivotal role of SEBI in regulating and monitoring capital markets to maintain their integrity and stability.
The PACL vs. SEBI case was another significant legal battle concerning securities regulations and investor protection in India. PACL, also known as Pearls Agrotech Corporation Limited, was accused by SEBI of running illegal collective investment schemes (CIS) without proper regulatory approvals. SEBI alleged that PACL had raised over ₹60,000 crores from millions of investors through its CIS (Collective Investment Schemes) activities, promising high returns on agricultural land investments. However, SEBI argued that PACL was not complying with the necessary regulatory frameworks and was operating in violation of securities laws. The case involved extensive investigations, legal proceedings, and efforts to recover funds for affected investors. In 2015, SEBI order PACL to refund the collected amount to investors and imposed penalties for non-compliance with regulatory requirements. In Appeal before the Supreme Court, the setting up of the Justice (Retd) R.M.Lodha Committee to sell properties of PACL and its associate concerns etc. and repay investors, was ordered. The PACL vs. SEBI case highlighted the importance of robust regulatory oversight in preventing fraudulent schemes and protecting the interests of investors. It also underscored the need for strict enforcement of securities regulations to maintain trust and confidence in the financial markets.
In the Nirma vs. SEBI case, the Supreme Court in its decision on the takeover offer by Nirma Industries Limited to the shareholders of Shree Rama Multi Tech Limited (SRMTL), concurred with the view of the Securities Appellate Tribunal (SAT) and the Securities and Exchange Board of India (SEBI), in disallowing the withdrawal of the offer by Nirma. he Supreme Court largely relied upon an interpretation of Reg. 27 of the. SEBI Takeover Regulations, 1997 to come to the conclusion that withdrawal was not permissible. This case shed light on the evolving landscape of corporate law and the regulatory authority of SEBI in matters concerning securities market violations and underscored the significance of regulatory oversight in maintaining market integrity and investor confidence. I was the lead Counsel in this case and I will never forget the day of pronouncement of judgment in this case, when the Hon’ble presiding Judge of the Bench that had heard the appeal, looked up and said ”Mr Venugopal you have won”!
Your practice spans various legal domains, from civil litigation to securities laws and arbitration. How did you develop such a broad expertise, and what areas do you find most challenging and rewarding?
My broad expertise developed through years of studying and practicing law across different domains. As Standing Counsel for the State of Goa from 17.01.2013 to 18.02.2021, I dealt with a wide range of legal issues and cases that affected the State and its residents, and these included everything from constitutional matters to administrative law, civil disputes, matters related to environmental regulations, water disputes and even criminal cases. Each case presented unique challenges and opportunities. I find the diversity of legal issues fascinating, but the complexity of securities laws and arbitration tends to be both challenging and rewarding as they require a deep understanding of regulations, market dynamics, and dispute resolution strategies.
As someone with over 33 years of experience and a recent designation as a Senior Advocate by the Supreme Court, what advice would you give to fresh law graduates entering the legal profession today?
I would advise fresh law graduates to prioritize continuous learning, build strong professional relationships, maintain integrity, and always strive for excellence in their work. It’s crucial to stay updated with legal developments and hone both legal knowledge and practical skills to navigate the complexities of the legal profession effectively. Additionally, fostering a reputation for reliability, honesty, and professionalism will be invaluable throughout your career.
Can you share with us how you initially became interested in pursuing a career in law, particularly in the field of Intellectual Property?
My inclination towards pursuing a career in law, particularly in Intellectual Property (IP) law developed through a combination of academic exposure, personal interests, and professional experiences.
During my academic journey, while studying Intellectual Property Rights (IPR) as a subject, I was always fascinated by how innovation and creativity drive progress in various fields, and I became particularly interested in how these creations could be protected and leveraged legally.
Moreover, my internship provided invaluable real-world exposure to IP issues. Engaging directly with trademark and copyright matters during this period not only equipped me with practical skills but also deepened my comprehension of the nuances of IP law.
In essence, my foray into IP law has been shaped by a trifecta of academic intrigue, hands-on experience, and a personal ardour for innovation and creativity. IP law uniquely amalgamates these passions, offering a vibrant avenue to contribute meaningfully to diverse industries by ensuring rightful recognition and protection for creators and inventors.
What were some of the pivotal moments or experiences during your early career that solidified your passion for Intellectual Property law?
Having a good mentor during the nascent stage of one’s career is imperative, and I consider myself incredibly fortunate to have had one. I was grateful to have a brilliant mentor early on in my career, Mr. Vikrant Rana, whose guidance was instrumental in shaping my career path and deepening my passion for Intellectual Property law.
Early on, I was entrusted with significant responsibilities, such as managing client portfolios and participating in strategic meetings. These experiences not only built my confidence but also reinforced my commitment to this field.
Moreover, I actively participated in various international conferences, including INTA, AIPPI, and APPA, and served as a committee member for INTA in 2019 and the present term. These conferences provided me with the opportunity to interact with industry experts and brilliant legal minds from across the globe. Engaging with the broader IP community during these events expanded my horizons and ignited my enthusiasm for making meaningful contributions to the field.
You’ve worked with a diverse range of clients over the past decade. Could you highlight some of the most challenging cases you’ve worked on and how you navigated them?
Over the past decade, I’ve had the privilege of working with a diverse range of clients in various industries. This experience has exposed me to several challenging cases that required innovative thinking and strategic problem-solving.
One particularly gratifying experience involved facilitating the seamless entry of a Fortune 500 company into the Indian market. This process was comprehensive and multifaceted, requiring meticulous due diligence to ensure a successful outcome. We began by conducting thorough market research to identify any potential conflicts with existing trademarks. This involved analyzing market trends, studying consumer behaviour, and assessing the competitive landscape to ensure our client’s brand would stand out without causing confusion.
Central to this process was the meticulous avoidance of market confusion. Extensive trademark searches and evaluations were conducted to affirm the distinctiveness and legality of our client’s brand, thereby pre-empting any legal disputes that might arise from similarities with existing trademarks.
A significant hurdle we encountered was navigating potential obstacles, notably third-party marks that could hinder our client’s market entry. To address this, we devised a strategic buy-out plan. We approached the holders of these third-party marks and successfully negotiated buy-out agreements, effectively removing any legal barriers and ensuring a clear path for our client’s brand.
In another instance, I managed a trademark dispute for a pharmaceutical company. The challenge here was the potential market confusion due to the similarity of our client’s trademark with that of a competitor. To address this, we conducted extensive market research and gathered evidence to demonstrate the distinctiveness of our client’s brand. Also worked on negotiating a settlement that included coexistence agreements, allowing both parties to continue using their respective trademarks without consumer confusion. This not only resolved the dispute amicably but also preserved our client’s market position.
In each of these cases, the key to navigating the challenges was a combination of deep technical knowledge, strategic legal thinking, and effective communication. Collaborating closely with clients to understand their needs and goals, leveraging expert insights, and maintaining a proactive and solution-oriented approach were crucial to achieving successful outcomes.
Innovation and adaptability are crucial in the legal profession, especially in IP law. How do you stay ahead of the curve and ensure your strategies remain effective in a constantly evolving landscape?
Innovation and adaptability are indeed crucial in the legal profession, particularly in the field of Intellectual Property (IP) law. I focus on several key areas:
· Continuous Learning and Professional Development: Staying updated through conferences, webinars, advanced courses, and leading IP law journals.
· Technological Proficiency: Embracing technology is essential in modern legal practice. I utilize advanced legal research tools and databases to conduct thorough and efficient research.
· Networking and Collaboration: Engaging with IP professionals through associations and forums for knowledge sharing and best practices.
· Client-Centric Approach: Understanding clients’ industries and anticipating their needs to tailor strategies and mitigate risks.
· Emerging Trends: Keeping an eye on emerging trends is vital for staying ahead. For instance, with the rise of digital technologies and artificial intelligence, new IP challenges and opportunities are constantly arising. I invest time in understanding these technologies and their legal implications, ensuring that I can provide informed and forward-thinking advice to my clients.
· Interdisciplinary Knowledge: IP law often intersects with other fields such as technology, business, and international law. I strive to broaden my knowledge base by studying related disciplines. This interdisciplinary approach allows me to address complex IP issues more effectively and to develop comprehensive strategies that consider various legal and business factors.
· Strategic Thinking and Innovation: Lastly, I regularly brainstorm to develop creative solutions to challenging legal issues. I also conduct post-case reviews to identify areas for improvement and to refine strategies continuously.
Can you describe a particular success story where your IP strategy significantly benefited a client? What were the key factors that led to this success?
Recently, I was involved in a comprehensive worldwide due diligence for a client who was acquiring a company primarily based on its intellectual property (IP) assets. During this process, we uncovered a significant discrepancy – a large portion of the IP assets were found to be invalid, which had a profound impact on the agreed amount for the sale and purchase of these assets.
The key factors that led to this success were thoroughness and diligence in conducting the due diligence process. We left no stone unturned in scrutinizing the IP portfolio of the target company, ensuring a meticulous examination of trademarks, copyrights, and other relevant IP assets across multiple jurisdictions.
Additionally, effective communication with the client was crucial. We kept them informed at every stage of the due diligence, discussing findings promptly and transparently. This allowed the client to make well-informed decisions based on accurate information, mitigating potential risks and maximizing the value of their investment.
Furthermore, our ability to adapt and strategize in response to unexpected findings played a pivotal role. Upon discovering the invalidity of a significant portion of the IP assets, we swiftly reevaluated the deal terms and renegotiated the purchase price, ensuring our client was protected from potential financial liabilities.
This experience underscores the importance of conducting thorough due diligence in IP transactions. By meticulously assessing the quality and validity of IP assets, we were able to safeguard our client’s interests and ensure a successful outcome despite encountering unforeseen challenges.
As an innovative thinker and adept communicator, how do you approach complex legal issues to make them understandable for your clients?
As an innovative thinker and adept communicator, I use several key strategies to make complex legal issues understandable for my clients:
· Simplifying Legal Jargon: I break down legal terminology into plain, everyday language to ensure clear and straightforward explanations.
· Using Analogies and Examples: Employing relatable analogies and examples helps convey complex legal concepts in a more concrete and understandable manner.
· Tailored Communication: I adapt my communication style to fit each client’s background and expertise, offering more straightforward explanations for those with less legal knowledge and deeper details for those with a legal or technical background.
· Step-by-Step Explanations: I break down complex issues into manageable steps, walking clients through each phase of the legal process and clarifying the significance and implications of each step.
· Active Listening and Engagement: I actively listen to clients’ concerns and questions, engaging in two-way dialogue to address confusion and ensure clients feel heard and understood.
· Written Summaries and Follow-Ups: Providing written summaries of discussions and next steps reinforces understanding, and I encourage clients to review and ask follow-up questions to maintain clarity on progress.
By combining these strategies, I ensure my clients understand their legal issues, feel confident, and make informed decisions. This approach builds trust and fosters a collaborative, transparent attorney-client relationship.
You’ve held various positions, from Senior Associate to Associate Partner. How has your role evolved over the years, and what have been some of the key lessons you’ve learned along the way?
In my career journey, I’ve seen significant role changes, progressing from Senior Associate to Associate Partner. This progression has been marked by a continuous pursuit of growth and learning, fuelled by my inherent love for hustling and the perpetual fire in my belly to improve every day. One of the key lessons I’ve learned is the importance of adaptability. As I moved up the ranks, I encountered diverse challenges that demanded flexible approaches and innovative solutions. Embracing change and being open to new ideas became essential traits that helped me navigate through various professional landscapes. Another vital lesson has been the significance of effective communication and relationship-building. As I assumed more leadership responsibilities, I realized the critical role that clear communication plays in fostering collaboration and driving success. Building strong relationships, both internally and externally, became instrumental in achieving organizational objectives and delivering value to clients.
What advice would you give to fresh law graduates who are considering a specialization in Intellectual Property law?
Begin by building a strong foundation in Intellectual Property (IP) law and understanding relevant statutes and regulations. Engage in networking opportunities, such as attending seminars and joining professional associations, to gain insights and advance your career. Seek practical experience through internships with IP law firms to gain hands-on exposure to real cases and client interactions.
Lastly, stay curious and hungry in your learning journey, adapting to new technologies and trends to succeed in this dynamic and interdisciplinary field. By staying curious and continuously seeking opportunities to learn and grow, fresh law graduates can position themselves for success in this rewarding and intellectually stimulating area of law.
Reflecting on your journey from your early days, could you share what inspired you to pursue a career in law? Additionally, what were some of the challenges you encountered during your initial days in the legal profession, and how did you overcome them to carve your path to success?
Looking back, I can’t claim to have been an exceptional student in school or college. I couldn’t take my studies very seriously and often missed classes due to chronic asthma. My long absence from classes owing to my health conditions made it challenging to keep up with my studies. As I grew older and my health improved, my academic focus increased.
I pursued humanities instead of science because of my health issues, and my parents never pressured me academically. Despite my humanities background, I always wanted to pursue a professional course. In 2004, during school counseling, I was introduced to the idea of a career in law. The growing importance of corporate law and the growing diverse role of lawyers made this path even more appealing.
Around 2004 and 2005, the changing landscape in the Indian industry and the shift in macroeconomics globally led me to consider law as a career. Furthermore my personal experiences with family legal issues highlighted the need for proper legal guidance and the challenges faced by the common man. This motivated me to specialize in litigation.
Starting my legal practice was challenging since I came from a family with no lawyers. I realized I had to actively seek opportunities rather than wait for them. I conducted research online to begin my journey. I listed around 10 to 15 law firms in Kolkata to approach driven by my anxiety before our final exams. Coming from a state university and with no guidance in this filed, starting a career in litigation can be befuddling.
Alarmed by the situation, I realized it was time to take action. I started knocking on the doors of various law firms, forwarding my CV, and requesting internship opportunities. Among the 14 to 15 firms I approached, one offered me a full-time internship for a month or two in the year 2009.
I wanted to start with District courts since most litigations in India take place there. I took two months of training in the district courts of West Bengal. In August or September of 2009, I secured an internship at Victor Moses & Co. a reputed law firm in Kolkata, where I would eventually spend seven years and assist the Senior-Most Partner, Mr. D.N.Mitra, who had been a great force behind me always.
The initial challenge, as a first-generation lawyer, was turning the internship into a job opportunity. It’s crucial for young interns to understand that internships are the chance to demonstrate interest, perseverance, and resilience. During my internship, I sought out work, often staying until 7:30 or 8:00 PM, sometimes even later. It was about becoming an integral part of the firm and getting involved in important projects. This approach turned my internship into an opportunity to work in that Firm.
As by litigation practice commenced, one of the most initial challenges we encountered revolved around timing. We had to attend late night conferences for the next day matters which often started at 10 .00 PM at the night and went on till late. The absence of modern conveniences such as Uber or Ola, coupled with the lack of a family vehicle, rendered late-night commutes a formidable task. Nevertheless, confronting these adversities served to fortify our resolve. Presently, the advent of technology and the prevalence of virtual conferences (VC) have considerably alleviated such difficulties. In fact Virtual Platform has become the norm today for late night conferences, however, during our time, such luxuries were non-existent, thereby instilling within us a profound appreciation for industriousness.
Carrying physical copies of briefs, sometimes 10 to 12 volumes, and multiple books was another challenge. Nowadays, an iPad can hold all the necessary documents, but back then, it wasn’t an option. But I feel these experiences made us tougher and erased any fear of hard work. The challenges we faced then make current tasks seem easier by comparison.
Another advantage of those early days was building unique relationships with each counsel and their juniors and clerks in the chambers. Spending hours in a counsel’s chamber allowed us to learn closely from their unique styles of argument and advocacy. This exposure to various schools of advocacy became a foundational stone for later success. It helped in developing my own skillset and the methods that my firm now uses in litigation.
The initial grind in the litigation industry is a preparation phase that tests resilience and determination, which are essential for surviving in a dispute resolution profession. Once you pass through this phase, it becomes a journey of continual progress.
As a member of various prestigious institutions like the Confederation of Indian Industry (CII) and Indian Women Network (IWN), how do you think being part of such networks has influenced your professional growth and the growth of SC&A Legal?
As a lawyer and the founder of a law firm specializing in commercial litigation, staying updated on emerging policies, industry news, and trends is crucial. We must also understand new rules, regulations, and their economic rationale to guide our clients proactively. The Confederation of Indian Industry (CII) plays a significant role, offering a platform for lawyers to engage with key stakeholders across various industries. CII organizes events, conferences, and seminars, facilitating meaningful discussions with business leaders, policymakers, and fellow professionals, which fosters collaboration and knowledge exchange. Additionally, CII’s research reports and policy advocacy efforts keep us informed about emerging trends, regulatory developments, and business opportunities. This enables us to better serve our clients and stay ahead in a dynamic business environment. CII has significantly contributed to our professional growth, helped SCA expand its client base, and kept us updated on industry-specific challenges and opportunities.
Furthermore, the Indian Women Network (IWN) wing of the CII has been instrumental in connecting me with inspiring women leaders who make exceptional contributions across various industries. As an entrepreneur, facing isolation in your growth path is common, and during such times, support from a community of motivators and inspirers is invaluable. Under the leadership of Sujata Guin, Senior VP of Apeejay Surrendra Park Hotels Limited, and Smita Chatterjee, CEO of Centreax, IWN is reaching new heights and positively influencing many lives.
SC&A Legal specializes in dispute resolution. How does your firm differentiate itself in this competitive landscape, and what unique strategies do you employ to ensure client satisfaction?
SC&A Legal believes that the first step in serving our clients is identifying potential disputes because litigation does not begin in the courtroom. It starts in your office, from the moment the seeds of litigation are sown, such as when you enter into a contract, a commercial transaction, or a deal. As specialists in commercial litigation, SC&A Legal’s uniqueness lies in our strategic partnership with clients. We advise them at every step, helping to build their case even when they haven’t yet identified the disputes. Our expertise and leadership in the industry allow us to recognize the early signs of potential conflicts.
The sooner you identify potential disputes or causes of action, the easier and more effectively you can resolve them. We do not view litigation as an end in itself but as one of many strategies to resolve disputes. Whether through conventional litigation, mediation, or arbitration, our goal is also to give you a stronger bargaining position and achieve better settlements or deals in commercial matters which can be resolved without always burdening the Courts or waiting for the entire litigation span to be over.
At SC&A, we prioritize complete transparency in our strategies. From day one, we plan the end game with our clients, providing clear information about timelines and costs. Our primary aim is to deliver cost-effective and timely resolutions to our clients’ disputes.
With offices in Kolkata, Delhi, and Bhubaneswar, how do you ensure seamless coordination and communication among your team members across different locations, especially in the context of complex legal cases?
I would like to express my gratitude for the advancements in technology and the global acceptance of video conferencing and virtual platforms, especially after COVID. This shift has greatly facilitated seamless handling and coordination among our three offices. Whether dealing with courts, clients, or councils, everyone has become increasingly comfortable with virtual platforms.
We have conducted numerous arbitrations across various forums and cities in India and abroad using these platforms. Even arbitrators are now more open to holding witness sessions virtually. The litigation industry has experienced significant benefits from technological growth, allowing lawyers to manage multiple offices, litigations, and dispute resolution projects with ease and complete coordination.
With your involvement in the Incorporated Law Society of Kolkata, how do you contribute to aspiring lawyers’ legal education and professional development? Are there any initiatives or mentorship programs you’re particularly passionate about?
As a member of the Incorporated Law Society of Kolkata, I actively participate in various initiatives aimed at enhancing legal education and professional development for aspiring lawyers. This involvement not only contributes to the growth of the legal community but also fulfills my passion for encouraging new talents to join the fields of litigation and dispute resolution.
With your background in real estate and infrastructure law, how do you foresee the legal implications of future urban development projects, especially in the context of sustainable growth and environmental conservation?
Future urban development projects will likely face increased scrutiny and regulation concerning sustainability and environmental conservation. As awareness of climate change and environmental issues grows, there will be a stronger emphasis on integrating sustainable practices into urban planning and development.
From a legal perspective, this implies stricter compliance requirements related to environmental impact assessments, zoning regulations, land use planning, and building codes. Lawyers specializing in real estate and infrastructure law must stay updated on evolving environmental legislation and regulations to ensure their clients’ projects meet these standards.
Additionally, a greater focus will likely be on incorporating renewable energy sources, green building technologies, and eco-friendly design principles into urban development projects. Lawyers will play a crucial role in negotiating contracts, securing permits, and navigating regulatory frameworks to facilitate the implementation of sustainable practices.
Furthermore, legal challenges and disputes may arise from conflicts between development interests and environmental conservation efforts. Lawyers will need to provide strategic advice and advocacy to resolve these conflicts while balancing the need for economic development with environmental protection.
As a woman leader in the legal industry, how do you advocate for gender diversity and inclusion within your firm and the broader legal community? What strategies do you employ to ensure equal opportunities for all professionals regardless of gender?
As a leader, I firmly believe that actions speak louder than words. Therefore, we actively encourage our female associates and team members to assume pivotal roles within our firm. We strive to provide them with a flexible environment that allows them to maintain a balance between their professional responsibilities and personal lives, while also ensuring they remain motivated to look forward
Our female associates are remarkable advocates when it comes to representing our clients. We not only encourage them to engage in vigorous argumentation and advocacy before various competent forums, but they consistently deliver outstanding performances in these arenas.
In your experience, how does cultural diversity impact dispute resolution, especially in cases involving multinational clients? Could you share a memorable cross-cultural negotiation experience and the valuable insights gained from it?
Cultural diversity holds considerable sway over the course of dispute resolution, particularly in scenarios involving multinational clientele, as it inherently shapes communication dynamics, negotiation strategies, and conflict resolution methodologies. The comprehension and adept navigation of these cultural nuances stand as imperative prerequisites for achieving efficacious dispute resolution.
To surmount these cultural disparities and foster a fruitful negotiation environment, it is paramount to engage in the process with a blend of sensitivity and adaptability. Typically, in these cross-border negotiations, we invest the necessary time to grasp the cultural heritage, communication predilections, and underlying motivations of each involved party. Furthermore, we employ an array of techniques, including active listening, reframing issues through a culturally attuned lens, and seeking common ground, all aimed at cultivating trust and rapport amidst the negotiating factions.
Through the virtues of patience, empathy, and a readiness to tailor our negotiation methodologies to accommodate cultural variances, we have consistently achieved mutually beneficial resolutions that effectively address the interests and apprehensions of all involved parties.
With the demanding nature of your profession, how do you unwind and maintain a work-life balance? Could you share some of your favorite ways to relax and recharge outside of your legal endeavors?
As my years of experience have accumulated, I’ve come to appreciate the significance of practicing detachment in both personal and professional spheres as a means to fostering a balanced life. When engrossed in litigation or a project, dedicating undivided attention and focus is imperative. However, upon its conclusion, regardless of the outcome’s favorability, it’s essential to gracefully transition forward. Recognizing that life is an ongoing journey, we must refrain from being swept away by triumphs or dwelling on setbacks. Each new day presents fresh challenges to conquer.
Moreover, it’s crucial to incorporate periodic breaks, during which one can fully disconnect from professional obligations and engage in pursuits unrelated to work. This allows for the replenishment of energy and enthusiasm, enabling us to approach tasks with renewed vigor each time.
Given your journey from a young professional to founding SC&A Legal, what advice or key points would you share with students and young professionals who are just starting their careers in the legal field?
My first advice to every young law graduate would be to definitely garner experience in a dispute resolution law firm, as that will give you a deeper understanding of various streams of law and thus build a strong foundation for a lifetime. Secondly, never give up on yourself. The legal profession will also give you back your rewards; it’s just a matter of time. Have faith and patience; you will succeed.
Could you share with us what inspired you to pursue a career in law, and how did your journey begin back in 2008 in Delhi to your current role?
I am the first born lawyer in my family. However, I feel my grandfather and my father could have been great lawyers themselves. They had sharp acumen and while growing up I saw them discuss a lot of legal issues at home and I was enthralled by how laws, policies, and regulations shaped the world around me.
By the time I finished school, my mind was made up. The only question was what breed of lawyer I’d become. With India’s economy taking flight, corporate law stood out as the frontier practice – this new engine of business and innovation. I have worked in some renowned law firms like Indus, Mine & Young and worked on some good transactions. I have also worked in a startup as a legal manager which further helped me hone my skills as a lawyer and deeper understanding of the challenges faced by startups. Actually this has helped me fit perfectly into the environment of an in-house Legal Counsel for a big company in India, which has been a great experience for me personally. Post my move to Dubai in 2018, it was a slow start to start my career, it was kind of a restart. However, I was lucky to get a job here and started working as a corporate consultant for a firm which was more focused on litigation and arbitration matters. Thereafter, I got this amazing opportunity to head and build an Indian based law firm in Dubai and since then I have managed to work on various corporate matters and dive deeper into the corporate legal world in the UAE. It is with this opportunity that I was able to create network and build relations and eventually led to starting my own consultancy firm in Tashkent, Uzbekistan where I have been working on a big litigation matter and also consult investors/business locally and even those looking at CIS as a territory to expand their business beyond UAE/India
During your time at Indus Law Associate and Mine & Young, what were some of the key transactions that shaped your understanding of corporate law?
When I first joined Indus Law, a boutique firm punching well above its weight, I had no idea I was opening a gateway to the global marketplace. Despite its modest size, the firm’s client roster read a few multinational corporations, so right out of the gates, I was dealing with cross-border transactions. During my time at Indus Law, I worked on a lot of JVs and takeovers by International companies of Indian companies and vice versa, and I vividly remember the adrenaline-fueled all-nighters, the painstaking combing through contracts with fine-tooth cares – all amidst a whirlwind of takeovers, mergers and acquisitions. Those years were quite draining yet undeniably exciting. I made countless mistakes, learned on the fly, and had my conventional thinking upended daily. But I wouldn’t trade that experience for anything. It allowed me to get an insight and exposure to the globalized marketplace before age 30.
Which made my transition to a real estate law firm Mine & Young. After operating at startup speeds, I was now joining a firm which was one of the pioneers in real estate law. From high speed transactions I was now dealing with slow paced but high end and exclusive luxury property matters. Yet this seeming 180-degree pivot helped me develop an entirely new mastery that perfectly complemented my prior style and a whole new world unlocked. But it was in bridging those extremes where I found my greatest advantage as a lawyer. Constantly stretching between these dual disciplines was grueling, but also tremendously rewarding.
What motivated you to start Nicknanimous Consultants, and how has your experience been in balancing your role as a corporate lawyer in Dubai while managing your consultancy firm in Tashkent?
Well I had been visiting Tashkent regularly as my mother was working there.
And each time I visited the place and met the locals, I realized that the country had a lot of potential for growth. I quickly understood that any business that would enter Uzbekistan now, has the potential of holding a larger share of the market and expanding its business further into other CIS countries. Uzbekistan in the last recent years has been very welcoming to foreign investments and new FDI policies have been formed which are more investment friendly. Thus motivated me to start my own Consultancy through my own networks and relationships. I can help any business looking to expand, or explore Uzbekistan as a market and provide a complete end to end solution to set up their businesses there and at the same time giving local businesses an opportunity to explore UAE or India as a market.
I feel both the roles are interlinked. As a corporate lawyer, my role is intrinsically linked with understanding the nuances of my clients’ businesses. By working closely with clients, I gain deep insight into the challenges and opportunities they face. This allows me to not only provide legal counsel, but also connect the dots and advise on potential business strategies. My ability to understand the client’s business landscape puts me in a unique position to facilitate connections with potential investors or partners that could aid in their growth and expansion plans. Rather than merely offering legal services, I strive to be a comprehensive advisor – leveraging my network and business acumen to unlock new avenues for my clients’ success beyond just the legal realm. This synergistic approach provides comprehensive value that transcends traditional legal counsel.
Moving to Dubai in 2018 marked a significant transition in your career. What were some of the biggest challenges you faced, and Can you elaborate on the unique legal and business landscape in the UAE, especially how it differs from your experiences in India?
Yes I faced a significant transition when I began practicing as a corporate lawyer in the UAE back in 2018. At that time, the commercial laws were not as investor-friendly, and there were fewer SMEs entering the market compared to today’s booming ecosystem. However, I recognized that this marked the beginning of a new era, and I think I am fortunate to witness and adapt to this transition and growth in the country. One advantage I feel is that if a corporate lawyer has substantial exposure and transactional experience from practicing in India, which has undergone its own boom, it becomes much easier to establish a practice in the UAE now. This is because free zones, especially like ADGM, and some of the UAE corporate laws,have closely adapted common law systems in recent years, aligning with the legal frameworks familiar to lawyers from common law jurisdictions like India.
The primary challenge I think is the need to consistently stay updated on the rapidly evolving legal landscape in the UAE. As the country progresses at a rapid pace, new rules, regulations, and bye-laws are introduced frequently. Corporate lawyers must remain vigilant and continuously educate themselves to provide accurate counsel aligned with the latest legal developments. Overall, the opportunities are available for corporate lawyers in the UAE’s flourishing business environment, provided they can navigate the dynamic regulatory changes and leverage their prior exposure to common law practices.
Aside from your professional life, you also hold a diploma in Interior Design. How do you balance your personal interests with your demanding career, and does this creative side influence your work as a lawyer?
As a child, I was captivated by well-designed spaces and distinctive architectural styles from various eras and places. Whenever I traveled, I eagerly anticipated witnessing different architectural marvels that would fuel my fascination with interiors and design.
When the COVID-19 pandemic brought the world to a standstill, I seized the opportunity to explore my artistic side. I decided to formally study interior design, finally indulging my long standing passion.
I think in the legal field, creativity manifests itself in structuring intricate transactions, drafting contracts for innovative business models, and formulating strategies to navigate complex legal battles. While I agree law is firmly rooted in theory and research, the application of legal knowledge demands innovation and creative problem-solving abilities.
It is my dream to ultimately transition into the interior design industry as a second career after 50 years of age, following my tenure as a lawyer, leveraging the design skills I’ve cultivated alongside my legal training.
Nurturing personal creative outlets alongside one’s primary vocation is essential for a fulfilling life. My journey exemplifies how diverse interests can coexist, potentially converging into enriching experiences that span both professional and personal realms.
I hope my story inspires others to explore their unique combinations of passions and professions.
With over 12 years of experience, what advice would you give to young lawyers who aspire to have a versatile and dynamic career like yours?
The fundamental lesson is that hard work and diligence invariably pay off, regardless of the nature of the task at hand. One should never underestimate the value of any given work assignment, as those skills may prove invaluable at a later stage in life or career.
I vividly recall my time at Rainmaker, which presented a vastly different work experience that required a strong emphasis on client relationship building. At that juncture, I naively perceived this as a waste of time, believing I should focus solely on expanding my legal knowledge. However, in retrospect, those very skills in client relations that I honed during those days have become invaluable assets nearly a decade later.
Fresh out of law school, many of us aspire to become partners at firms or establish our own practices, without realizing the multitude of skills required beyond legal expertise to build and sustain a successful practice. Client relationships, business acumen, and interpersonal skills are equally crucial.
To young lawyers, I would advise treating every task with utmost respect and diligence. Embrace new challenges by venturing into unfamiliar legal domains, as this exposure expands both your legal knowledge and general awareness. Staying updated, maintaining an inquisitive mindset, conducting thorough research, and continuously acquiring new skills are imperative.
Networking is crucial in the legal field. How have you built and maintained your professional relationships across different countries, and how has this network benefited your clients?
Networking is a critical foundation for any entrepreneur or professional looking to create their mark, including in the legal field. It begins by actively attending and participating in industry events, staying updated on developments, being part of relevant forums,and most importantly, taking the initiative to proactively engage with others. Through years of my working experience, I’ve realized that many individuals, including lawyers, hesitate to approach and converse with new people at networking events due to shyness or apprehension. However, I must say that the UAE’s business landscape, which heavily relies on networking, offers a welcoming environment that helps newcomers overcome this hesitation. Additionally, being well-versed in one’s subject matter is crucial to maintain others’ attention and establish initial trust.
Even though visibility is paramount in the initial stages, over time, the quality of one’s work and the ability to maintain strong client relationships become the driving forces behind success and growth. In my case, referrals and the network I’ve built by meeting lawyers in the UAE, Uzbekistan, and India have been invaluable in expanding my reach and clientele. Effective networking involves a combination of active participation, subject matter expertise, visibility, consistent high-quality work, and nurturing professional relationships. Basically it’s an ongoing process that requires persistence, confidence, and a genuine interest in connecting with others in the industry.
Working across various jurisdictions, from India to UAE and Uzbekistan, what are some of the key legal and cultural differences you’ve encountered, and how have they influenced your approach to legal practice?
Each new territory has its own fresh challenges – different legal codes, cultural norms, business practices.
The UAE has a dual system comprising both Civil and Sharia Laws. However, in recent years, The free zones, especially the ADGM Courts, have directly applied English common law principles in matters brought before them. This development is advantageous for Indian lawyers who are familiar with the common law system.Additionally, many new corporate laws in the UAE mirror common law principles, making it easier for Indian lawyers to practice in the region. The familiarity with the legal framework streamlines their ability to navigate the UAE’s legal landscape.
On the other hand, Uzbekistan follows a civil law system, which differs significantly from the common law tradition prevalent in India. Despite both the UAE and Uzbekistan being Islamic nations, Uzbekistan’s legal system, local laws, and traditions are markedly influenced by its Soviet heritage, setting it apart from the UAE’s legal landscape.This contrast between the UAE’s increasing alignment with common law principles and Uzbekistan’s civil law system rooted in its Soviet past presents an interesting dynamic. It highlights the need for legal professionals to adapt their expertise and understanding to the nuances of each jurisdiction’s distinct legal traditions and influences.Navigating these varied legal systems requires a deep appreciation for the underlying principles, cultural contexts, and historical factors that have shaped their evolution. Even though all the three nations’ legal systems are very different from each other, yet that has become the thrill of the chase for me. Cracking the legal DNA of each new environment, then skillfully integrating it into transactions is exciting for me.
Your experience with startups is extensive. What common legal challenges do startups face, especially outside India, and how do you help them navigate these issues?
One of the most prevalent mistakes observed among startups is the tendency to neglect or overlook the importance of legally sound agreements, particularly during the seed funding round involving investments from family and friends. Failing to seek proper legal advice on structuring these investments can lead to complicated arrangements that deter future investors until the structure is properly rectified, thereby delaying business progress. It is crucial for startups to seek legal counsel before entering into any investment arrangements to ensure seamless operations.
For startups entering the UAE market, a common challenge is the lack of understanding regarding the appropriate business license to obtain based on their specific business activities. Many startups, unaware of the local laws, are often misguided when comparing the legal environment to their home countries or other jurisdictions they are familiar with.
This is where we, Alpha Partners, can play a pivotal role in guiding startups through the process of navigating and selecting the correct business structure that aligns with their objectives while adhering to legal restrictions. Comprehensive legal assistance is essential not only during the initial setup phase but also for ongoing support with general corporate commercial agreements and transactions post-establishment.
By addressing these challenges through timely legal guidance, startups can avoid costly missteps, ensure compliance, and establish a solid foundation for growth and attracting future investments. We at Alpha Partners, play a critical role in helping startups navigate the complexities of the UAE’s legal landscape and structuring their business operations for long-term success.
Can you take us back to the beginning of your career? What motivated you to pursue law, and how did you start your journey in this field?
My journey into the realms of law began serendipitously as I turned the pages of an old magazine that featured an obituary of the legendary constitutional lawyer, Nani Palkhivala. The year was 2004, and I, a science student at the time, was at a crossroads about my future. Palkhivala’s profound influence on the legal landscape struck a chord with me, prompting my decision to pivot from science to law. This epiphany led me to enroll in a 3-year LL.B course with a deep-set desire to build a career in litigation and emulate Palkhivala’s mastery in constitutional law and interpretation of statutes. My affinity for literature blossomed simultaneously, nourishing my analytical skills and enriching my legal acumen. Eventually I would read a lot of literature on Palkhivala and read many judgments where he had argued.
Before pursuing your LL.B., you completed a B.Sc. in Physics. What was your career plan during your time studying physics, and what inspired you to transition to law?
While my initial academic pursuit in Physics was driven by a fascination with science and an aspiration to become an air force pilot, my career trajectory took a decisive turn following a series of introspections and a pivotal setback in the air force selection process. The rigorous analytical training from my science background seamlessly transitioned into legal studies, where I discovered a profound passion for law. This newfound path was not just a career choice but a calling to delve into the intricate domains of statutes and societal norms.
As an Advocate-on-Record at the Supreme Court, what unique challenges do you face compared to other courts and tribunals?
Supreme Court practice is a unique ball game in itself. The challenges aren’t many but with constant and consistent preparation, it’s a delight to practice here in the long run. It eventually becomes more rewarding with passing years. As a Supreme Court lawyer, we require to inculcate all the requisite qualities of a good lawyer across all courts and tribunals. The emphasis however is on acquiring more and more knowledge on law, precedents and statutory interpretation.
Practicing at the Supreme Court is akin to playing in the major leagues of law where each case can set a precedent or influence national jurisprudence. The key challenges here are the rigorous scrutiny of Special Leave Petitions under Article 136 and the statistically low acceptance rates of such petitions. This requires a deep understanding of both law and material facts to present substantial questions that warrant the apex Court’s intervention.
Despite these hurdles, the satisfaction of advocating at India’s highest Court, where the stakes are monumental and the outcomes deeply impactful, is profoundly rewarding. The great thing about the practice in the Court is that it is the last resort of a litigant to get Justice and the Court, in many cases, allows substantial questions of law and also questions of fact to be opened up for rendering Justice to see that Justice is done in the case of deserving litigants.
You were associated with Dr. Justice Akshaya Kumar Rath and Mr. Ashok Panigrahi. How did these associations shape your professional path and legal philosophy?
Both my seniors imbibed in me a sense of industriousness and punctuality during my early years of practice. Dr. Rath was eventually elevated as a Judge of the Hon’ble Orissa High Court. He is a man of unwavering integrity and imbibed in me those principles. He has voracious reading habits and that’s from where I picked up a taste of reading a lot on all subjects- from law to biographies, literature, spirituality, philosophy and science. He keeps himself updated on judgments and precedents and was a very good taskmaster. Subsequent to his retirement, we keep in touch and exchange a lot on our current reading. We talk about foreign judgments and articles in journals like Harvard Law Review etc. Dr. Rath instilled in me the virtues of diligence and broad intellectual curiosity.
Mr. Panigrahi was very influential during my early years at the Supreme Court. He helped me connect with a lot of people. He reposed a lot of trust in me while pursuing drafting assignments during my early years. He helped me a lot on the minute nuances in Supreme Court practice and the best methods to prepare a case and brief a Senior Advocate.
I shall always remain grateful to my seniors for where I am now and to have helped me set higher standards. These formative associations have not only crafted my legal perspective but have also deeply ingrained a commitment to excellence and ethical practice.
Given your top position in the Advocates-on-Record Examination, can you elaborate on the importance of this exam for legal professionals and share some tips for aspiring candidates?
Passing the Advocates-on-Record examination is a sort of rite of passage into long-term, successful and progressive practice in the Supreme Court. It offers pan-India recognition as a Supreme Court Advocate and builds a great reputation while appearing in various Courts and jurisdictions. The preparation for the examination involves acquiring minutes of Supreme Court practice and procedure, developing deft drafting skills, building up good ethics in the practice of law, sound knowledge on legal principles, interpretation and precedents. The more a person spends time in the Courtrooms, administrative offices and sections of the Court, one builds up a sound practical idea about how things work in the Court. The academic environment in the Supreme Court with illustrious Senior Advocates and colleagues is also very conducive to efficient learning of legal concepts and effective performance of aspiring lawyers.
The Advocates-on-Record exam is also a quality control system adopted by the Supreme Court, akin to the Solicitor’s exam, to maintain high quality amongst Supreme Court practitioners. The exam stands as a gateway to distinguished practice in the Supreme Court, signifying a benchmark of competence and credibility. For aspiring candidates, my appeal is to immerse oneself in the daily proceedings of the Court, engage with seasoned practitioners, and maintain an unwavering commitment to the profession’s highest standards. This not only prepares one for the exam but also for a fulfilling career at the bar.
What are some of your hobbies and personal interests, and how do they help you manage the demands of your legal career?
My personal interests—ranging from aviation to literature and community service through the Rotary Club—enrich my life beyond the courtroom and provide a balanced reservoir of calm and resilience. These pursuits offer fresh perspectives and a creative outlet that enhances my professional stamina and mental acuity, crucial for navigating the demanding landscape of legal practice. I relish reading a lot on diverse subjects, travelling, spending quality time with my family and small circle of friends. I find it interesting to keep myself updated on the latest trends in the aviation industry. I’ve been associated with the Rotary club and I am the incumbent secretary of my club where I engage in various social activities. I like going on long drives. I enjoy cooking on holidays. These help me maintain an inner calmness. Reading legal literature, biographies, legal anecdotes, science, fiction and technology related topics helps me build a balanced perspective on life. These activities not only provide relaxation but also keep me grounded and focused, enhancing my productivity and approach to legal practice.
You recently completed a Diploma in Bhagavad Gita from ISKCON Bhagavata Mahavidyalaya. What inspired you to pursue this diploma, and how has it influenced your personal and professional life?
I was amazed as well as intrigued by being introduced to the life led by the Brahmachaaris at ISKCON who have renounced the worldly affairs and have dedicated their lives towards studying and learning of the Vedas and Vedic scriptures, and acquiring knowledge on their underlying philosophies. From them I came to know about the significance of Srimad Bhagavad Gita. Each verse of the Gita is a treasure trove of deep and elegant philosophies of life. The meditation and chanting techniques discussed therein are of a superlative order in the impact that they exert on our thoughts, way of life, and understanding of things, circumstances and people. The way of life enunciated in the Srimad Bhagavad Gita is par excellence. It has helped me gain perspectives in my personal, social and professional life. Recently, I faced something immensely life-threatening. My reference to verses of Gita and my association with instructors from ISKCON helped me face things with courage and positivity.
Life’s ephemeral nature coupled with its fledgling possibilities are sufficient reasons for one to study and understand the philosophies from Gita. It certainly helps me maintain equanimity of thoughts in both gains and losses. Pursuing the Diploma in Bhagavad Gita was an exploration into the philosophical bedrock of existence and ethics. The profound wisdom of the Gita provides a powerful framework for personal and professional resilience, guiding me through life’s tumultuous phases. This spiritual grounding enriches my legal practice, allowing me to approach each case with a balanced perspective and deep humanity
Which area of law are you most passionate about, and what drives your interest in this field? Please share some memorable cases in this area.
I am passionate about Constitutional Law, Administrative law and Criminal law. The vast amount of literature on the philosophy of law hovering around constitutional law, interpretation, evidence etc. have always drawn my interests. Such fondness helps me take up cases on diverse subjects of law. It helps me take up challenging work for my Law Firm. I have worked in a number of challenging cases both in the private practice arena as well as in the capacity of a government Advocate for the Orissa State.
My passion for Constitutional, Administrative, and Criminal Law is driven by the dynamic interplay between law and societal values. These fields offer a platform to address fundamental rights and freedoms, challenging me to forge paths of justice in complex legal terrains. From cases involving civil liberties to intricate administrative disputes, my role as an advocate and a managing partner at Vaibhav & Dash Law Associates provides a continuous engagement with law’s transformative power. I have come across some of my most memorable cases while representing the state in a number of criminal cases involving the offence of murder, cases involving land allotments made by the government, land acquisition cases and service matters involving intricate issues of pay scales and promotions.
While dealing with private cases, we were recently able to get an order of quashment of FIR from the Supreme Court in a case involving a purely commercial dispute which was given the cloak of a criminal prosecution. We have also been able to amicably settle a number of disputes before the Supreme Court through effective mediation.
Can you share some of the pro bono cases you’ve worked on? What drives you to take on these cases, and how do you think they impact the community?
My commitment to pro bono work is motivated by a fundamental belief in justice accessible to all. I have worked on a number of pro bono cases in various courts including the Supreme Court. These are mainly criminal cases, consumer disputes, service matters for young recruits and matters for students in cases of admission to educational institutions. By some quirk of fate, I met an auto rickshaw driver in Delhi who was an accused in a death by negligence case. We prepared the case well and he was acquitted by the Trial Court.
I have appeared in the NCDRC for an insurance claim of a person whose property was stolen during the super cyclone in Odisha. I have represented a person with disability suffering from mental disability while seeking recruitment in the All India Services before the Central Administrative Tribunal and the Delhi High Court. I have appeared for young medical students in matters relating to their fees and admission to post graduate degree courses. These cases reinforce the societal impact of law and underscore the profound responsibility lawyers have towards equity and advocacy.
You are presently empanelled as Advocate-on-Record for the State of Odisha, Cuttack Development Authority (CDA), Odisha Hydroelectric Power Corporation Ltd (OHPC), and Canara Bank. Could you share some work details and responsibilities involved in these positions?
Being an advocate for the government, various public entities and corporations offer immensely enriching experience on diverse subjects. I have garnered a significant amount of professional work experience through working in matters concerning these institutions. While appearing in such matters the advocate is expected to maintain high standards of integrity and assist the Court on facts when needed. The work involves multifarious areas of law and requires a meticulous approach to legal and procedural details, ensuring that the entities I represent adhere to the highest standards of legal conduct and fairness. The responsibilities of a lawyer in these positions are heightened, and so do the standards expected of them from the Courts. It also involves dealing with government officials and advising them properly on the standards expected of their actions in Courts in respect of procedural propriety, fact based approach, correctness in the pleadings and avoidance of tardiness in approaching the Court while taking legal recourse and complying with Court’s orders and directives.
The sense of responsibility expected by Courts from state entities, as public trustees and model employers, is far too greater in comparison to ordinary litigants. A lawyer representing the state entities has to, therefore, (as expected and imperatively required) be very vigilant, maintain high standards of responsibility and integrity and act as a facilitating bridge between the Court and the state entities in the quest for justice.
Hello and welcome to SuperLawyer. Today, I’m here with Dr. Ranjana Kaul, who is a partner at Dua Associates with a specialization in the UN International Space Law Treaty regimes and International Air Law treaty regimes as well. Dr. Kaul advises on civil and commercial activities in outer space and on the military usage of outer space.
The advisory includes national space policy and statutes mandated under the International Space Treaty for the national activities, including military, civil, and commercial in outer space. Dr. Kaul has over 40 international and national publications. She has an LLM from the Institute of Air and Space Law from the prestigious McGill University, Canada, and an LLB from Delhi University.
Given your diverse academic journey from studying history to obtaining PhD in constitutional history, could you share what led you from this kind of background in history to specializing in UN international space law treaty regimes, as well as your academic pursuits with space law and air laws?
So, this trajectory isn’t the typical one you might expect. It spans from my completion of a B.A. and an M.A. My M.A. was in history, but my specialization was in constitutional history, and that’s what I focused my dissertation on. Regarding law studies, my parents, particularly my mother, weren’t keen on me pursuing law, despite more than 50 percent of my father’s family being lawyers. She even enlisted the help of an uncle and a cousin, both practicing in Bombay, to dissuade me from pursuing law. However, I wasn’t inclined to rebel at that time. Matters progressed, and after getting married, I pursued law. I completed my LLB much later, as deep down, I always aspired to be a lawyer.
There was an advertisement in the newspaper while my husband and I were walking in Lodhi Garden. He pointed it out and asked if I had seen it. I admitted that I had, but I was hesitant about the entrance exam, as I had never taken one before. He reassured me, saying that the worst-case scenario was failing the exam. Encouraged by his words, I took the entrance exam and passed. Thus, I pursued law alongside other responsibilities, primarily because I had young children at the time, and I wanted to be present for them.
I juggled writing, as I used to be a journalist, and evening law classes while managing my household. Eventually, I started practicing law. I initially joined a firm called Vaish Associates in Delhi, where Mr. O.P. Vaish was my first mentor. It was a fantastic experience, and I’m still in touch with the family. Later, I started my own practice. Unexpectedly, my husband informed me one afternoon, out of the blue, that he was being posted to Montreal for three years. This revelation came as a surprise, considering the short notice and the lengthy duration of his posting.
I said, “But you were not under posting order this morning when we were having breakfast.”
“What happened between then and now?” he said.
“Well, I had a call, and I had to give a reply in half an hour. I knew you would react like this, so I’ve come to tell you,” he explained.
“Yes, but what about all this? You know, all my law books, my files, and this and that,” I questioned.
“I was practicing on my own. Not easy to set up on your own,” he responded.
“Well, that’s up to you,” he remarked, then did an about-turn and went back to the office.
I just froze in my chair. I didn’t know what had happened to my life all of a sudden. Anyway, I thought about it. Five minutes later, there’s a phone call. There were no mobiles then, so it was my daughter calling on the landline.
“Have you heard of a university called Concordia?” she asked. Of course, I hadn’t, so I kept quiet.
“So you haven’t,” she deduced. “Has Papa heard about it?”
“You should ask him,” I replied.
“That means no. And you mean to say that my parents are asking me to join a university in Montreal, neither have heard of and give up the best college in India, which is St. Stephen’s,” she exclaimed.
“Now look here, Mahima, it is what it is, and you just have to pack your bags and go,” I advised.
“I will not go,” she declared.
“No, you don’t have an option here. When am I supposed to go?” I informed her.
“Actually, this weekend,” I told her.
“I’m coming home,” she decided. She was in college. She drove home and asked, “What does this mean?”
“Listen, don’t ask me. I have been informed two hours ago, so you have to go,” I explained.
All this went on, and that poor girl, screaming and kicking, went off to Montreal.
“But I don’t want to study in Concordia; I want to study at McGill,” she protested.
“Now look here, Mahima, since you’re a bright girl, I am sure that you can go to Montreal, sign up in Concordia, walk across to the admin office of McGill, tell them how bright and brilliant you are and what they’re missing, and ask them to take you,” I encouraged her.
She did that, and they said, “All right, we’ll take you, but you have to get a certificate of equivalence.”
She called me from Montreal, saying, “I need this.”
“All right,” I replied. So I went to Stephen, spoke to the principal, got a letter together, and lo and behold, she was at McGill doing international relations, exactly what she wanted to do.
Then I stayed on in Delhi. My husband went in July, my son was reading economics at St. Stephen’s, and he was now headed to Cambridge. So we stayed in Delhi. I mean, I had to sort out things. I left in October, and Ishan sort of peeled off in London, and went off to university. I carried on to Montreal. All of that was fine. But a week after I had sort of recovered from the jet lag, I found myself with nothing to do. I’m a working person. I just couldn’t imagine what it is that could happen to my life for three years more.
I had decided to entrust my practice to a colleague and continue onward. In any case, my husband noticed that I wasn’t entirely content with my current state. So, he arranged for someone to invite me to lunch at the Montreal Club, where I was indeed invited.
During lunch, I met Justice Joseph Nuss, who had previously presided over the Court of Appeals in Quebec. Upon hearing my story, he inquired about my knowledge of air law. Given that air law was unfamiliar territory in India, my expression likely revealed my lack of familiarity. Justice Nuss then broached the topic of space law, to which I also had no background.
He suggested I visit the Institute of Air and Space Law the following morning and meet with Paul, the director. Initially hesitant, given my existing PhD, I eventually relented and enrolled in a certificate course spanning three months.
Upon learning that an LLB was not a prerequisite for the course, I consulted my husband for approval. Following his encouragement, I embarked on the journey, aided by his morning lifts due to inclement weather.
At the conclusion of the 12-week program, I was informed that I had excelled, prompting the director to propose further studies leading to an LLM. Despite my reluctance to undertake another dissertation, I ultimately pursued the LLM in Air and Space Law.
Under the guidance of Professor Ram Jakhu, a leading figure in International Space Law, I specialized in regulating satellite telecommunications in India for my dissertation. Professor Jakhu envisioned my formal training in these laws as being of great benefit to our country in the future.
My stint in India commenced in 2005 after a three-year tenure abroad. At that juncture, my husband’s return to India prompted a call from Mr. Dua, the managing partner, who was acquainted with him. Mr. Dua, upon learning of my return, extended an invitation to join the firm. Agreeing to this proposal, I scheduled my arrival for July after the summer recess and court resumption.
However, a twist of fate altered my plans. In March, I received a call urging me to expedite my return for an international conference on national space laws organized by the International Institute of Space Law in collaboration with the UN and ISRO. Tasked with presenting on India’s national space law, I initially balked, citing my lack of knowledge about Indian laws. Nonetheless, spurred by Professor Jakhu’s encouragement, I dove into research, crafted a presentation, and embarked on the journey back to India.
My presentation at the conference left the space establishment astounded, as it broached topics hitherto unexplored. Back then, private sector involvement in outer space activities was unheard of, rendering my insights groundbreaking. Despite the initial shock, the leadership displayed unwavering support, fostering an environment conducive to exploration and innovation.
Subsequently, my involvement with the International Institute of Space Law in Paris deepened, culminating in my current role as a board director. Over time, India’s space landscape witnessed significant transformations, catalyzed by Prime Minister Modi’s 2020 announcement, which expanded civil space activities to encompass commercial endeavors.
Concurrently, developments post-Kargil underscored the imperative for military space assets to bolster national security. This narrative, which commenced in 2000, culminated in the establishment of a defence space agency. The 2020 reforms further propelled the convergence of defence and commercial space endeavors, heralding a new era of technological synergy.
However, despite these advancements, a glaring gap persists in academia regarding space law education. Unlike traditional legal subjects, space law remains conspicuously absent from law school curricula in India. Yet, with India’s astronomical achievements garnering widespread acclaim, burgeoning interest among students is palpable.
Indeed, the allure of space exploration has sparked enthusiasm among young aspirants, fostering a keen interest in aerospace engineering and related fields. Notably, this burgeoning interest extends to participation in international competitions, such as moot court competitions organized by esteemed institutions like the International Institute of Space Law.
In conclusion, my journey traverses the evolving landscape of space law, underscored by groundbreaking developments and burgeoning interest among students and legal practitioners alike.
So, it’s called the Manfred Lachs Space Moot, World Space Moot. The finals of the Manfred Lachs Space Moot competition are presided over by three sitting judges of the International Court of Justice every year. You can understand the caliber and the importance that the Western world and the rest of the world that are plugged into this domain attribute to space and space activity.
Many of our law school students want to participate because it’s global participation. Many times, our universities have brought back the prize, the trophy, but it doesn’t give them a job here. There is interest. So now, I have seen the trend in universities. At the master’s level, you may have an optional course in Air and space law. Meaning, it is read in one line, Air and Space law, although these are two separate. And there is now the possibility of an LLM in international law.
In our country, LLM is a two-year degree course. So in those two years, there is one semester in which you will study UNCLOS, that is International Convention on the Law of the Sea. You will read the Chicago Convention, which is for International Civil Aviation. And you will read the Outer Space Treaty, which is for Outer Space. And you will read the Moon Agreement. All in one semester. Now, it is not enough, you get some sensitization, for sure. But if you’re dealing with it, to advise somebody, whether it’s the government, it’s the military, it’s a civilian, whoever it is, or it is a commercial, on the nuances of it and how it translates into our domestic national law, of which there presently isn’t for space activities, but all are normative laws.
When you’re doing activities on the ground, of course it is the laws that exist. To be able to explain that needs expertise in understanding the nuances of the treaty. They just sound so wonderful and benign, but they’re anything but that. So that is where it happened and I never planned it.
I think my circumstances took me along this path. And frankly, I don’t think what I could have done without the circumstances and without the series of mentors that I’ve had.
I don’t know what to say. I’m quite surprised at myself sometimes, but there it is.
Ma’am, you’ve achieved so much in your career, and I’d like to delve into your role as a founding member of Spaceport, Sarabhai—India’s first independent think tank dedicated to outer space. Could you share the story behind its founding, the goals and vision you had when you initiated it, and the kind of space-related discourse in India you hope to foster through this think tank?
So really, the idea of Spaceport Sarabhai started with five of us as founders, but the true originators were my colleagues, Susmita Mohanty and Narayan Prasad, whom we call NP. They are both engineers and experienced entrepreneurs who have established their own companies. We felt the need for an independent think tank, free from the constraints of government boundaries or the limitations of individual knowledge, to discuss space-related matters openly.
We also wanted a forum where India’s voice could be heard internationally and where international voices could be brought to India. For example, in one of our early sessions, we invited Professor Stephen Freeland, who is now heading the UN COPUOS working group on the legal aspects of space resources, including lunar resources, along with another expert from Australia, to discuss the various nuances of the Artemis Accords. These accords are a multilateral United States effort involving over 30 countries, aimed at furthering civil activities like mining and long-term human habitation on the moon, Mars, and commercial asteroid mining.
India is a signatory to the Artemis Accords. We explored how this fits into space law, the possibilities it presents, and the concerns it raises. These topics have not been discussed in any university to my knowledge, nor have I been invited to such discussions in any academic setting.
We realized the need to understand these issues, as many people have questions but don’t know whom to ask. For instance, when we had the geospatial policy session, we created a platform for these discussions. Currently, we are planning a forum to invite young space lawyers in India. Many young Indians, like yourself, have pursued advanced studies in space law, earning LLMs from prestigious institutions outside India, such as McGill, universities in the United States, Europe, Leiden University in the Netherlands, and Cologne University in Germany.
There’s a space university in Strasbourg, and many similar institutions exist. We can invite international experts due to our network. We also produce reports independently, without government affiliation, which allows us to present alternate narratives. For example, regarding the early space companies established around 2010, few have reached the stage of operating commercially within India. Many have relocated their operations outside India, though they maintain offices here.
One significant issue is the availability of venture capital and funding rounds, yet no startup has begun commercial operations within India. It will happen in due course, but currently, there are challenges, including the complexity of third-party insurance for space activities. According to the Outer Space Treaty, the state is liable for space assets and those of non-government entities if they cause damage in outer space, in airspace, or on Earth.
Practical aspects need to be addressed for the state and entities to comply with these regulations. This includes determining the extent of third-party liability, identifying vendors, and understanding insurance provisions.
Regarding lunar exploration, some colleagues and I, including NP, were invited to discuss the architecture of a potential moon village. NGOs are already considering the environmental aspects of lunar mining. Given the pollution issues we’ve created on Earth, it’s crucial to establish practical standards for the moon. Additionally, we must consider the prospect of contestation over valuable lunar resources, especially with countries like China and Russia planning to set up an international lunar research station, and other countries, including India and Japan, having their lunar programs.
We need to simulate future scenarios, understand treaty laws, and identify safeguards. These are the questions we wanted the freedom to explore, which motivated Susmita, NP, and others to establish Spaceport Sarabhai. Named after Vikram Sarabhai, the father of the Indian space program and the first chairman of the Department of Space and ISRO, Spaceport Sarabhai (S2) aims to foster open discussion and development in space exploration.
Ma’am, I cannot stop myself but asking you about space travel, which we are planning, then the kind of space debris which we will be facing, space pollution, which we are talking about, the space vacations which we people are now planning that if space colonies will be established, how will we travel the kind of obviously jurisdiction issues. I’m interested in understanding how your think tank aims to support and enhance planning for space travel and space vacations. Additionally, how approachable is your think tank, and how can people get involved? Please share details on how interested individuals can connect with you, and what kind of knowledge or preparation they should have before reaching out.
So, first and foremost, we have a website. Please Google and visit our site to find all the information you need on how to connect with us and what we can do. We are at a very nascent stage, with just the core group working. It’s early days, but we would certainly love to hear your ideas.
We want to see how we can involve more people. For example, we had one young student who approached us, expressing his interest in contributing to our work. He produced a wonderful report on space insurance. So, please involve yourself. What can we do for space lawyers?
As I mentioned, we are now planning a podcast series and a panel of young space lawyers to discuss the issues they are facing, what they think should happen, and how the field can be developed. These are still very early days in figuring out how to establish appropriate national laws for activities in outer space, especially concerning commercial space activities. This task falls to the government, and it’s a complex one to draft a national space activities law.
As I mentioned earlier, when you read the Outer Space Treaty, it seems simple and straightforward, almost like being in a meeting of Girl Guides or Boy Scouts. However, it is anything but that. There isn’t a definitions clause, so the terms are not clearly defined. This requires intensive academic research and work. It’s a very demanding task, and I know this because I do it.
It is consuming, but at the end of it, you know precisely what is required and what it means. Therefore, if I’m going to draft a national space law, I know what I should do and what I must not and cannot do. This is crucial because, in space, you have military space activity.
They have different nuances. The Outer Space Treaties are linked to the UN Charter and to international security. Space, after all, is a physical domain that does not recognize state sovereignty. You cannot extend state sovereignty above 100 kilometers from the surface of the earth, and it’s the laws of physics.
We all remember our basic Kepler’s laws and such. The technology is overcoming the challenges of physics in space, for instance, going against gravity at a very basic, simple level. It is all related to military technology. These military technologies can be used for military activities or for non-military activities like India does, which we call civil space activities. It’s the same technology.
The difference between the government space program and the commercial sector is that the emergence of commercial companies has nothing to do with the government and receives no support from it. Secondly, they are developing their proprietary IPR with the intention that the technology platform they create will offer customized solutions to their customers to earn money, of course. The mental framework in which our young space companies approach the subject is like any other business.
Any other commercial company in India is doing something to achieve a rate of return, which is exactly different from the state, which provides certain services to its citizens as an obligation of the state. The approach to the subject is different, but all are governed under the Outer Space Treaty and the corresponding treaties.
When, for example, damage is caused by your space object or by a state’s space object in outer space, in airspace, and on the earth, you know, debris keeps falling now and then, here and there. We read in the newspaper that a piece of debris fell in northern Maharashtra or wherever it is and did not cause any damage to life and property. Normally, the states do not like to attribute or identify that this piece of debris came from the space object of such and such. They don’t like to because space is geopolitics. Space is high stakes. So you have to tread extremely carefully in what you say and what you don’t say, especially on an official platform.
Basically, you’re walking on eggshells. That is what it is.
Ma’am, how do you see your role as a Partner at Dua Associates contributing to the evolving landscape of the UN International Space Law Treaty? How does your position empower you to drive positive change in such a highly specialized and niche legal domain? Additionally, how do you manage and navigate the complexities involved in this unique area of law?
Look, the starting point is my managing partner. When I joined here, I was practicing in the Delhi High Court and continued to do the bread-and-butter sort of work. On my first day, he came to have a chat with me about what I wanted to do. I said, “Well, apart from the normal work, I’ll go to court and this and that, but also space.” He looked at me with the same sort of expression I must have had when Justice Nuss asked me. I said, “You know, Antariksh…” He said, “Do what you want.” Since then, this firm has been incredibly supportive.
Not in an overt way, but by just being there and letting me pursue it. I was often breezing off to Bangalore for various reasons or taking off suddenly to attend the International Astronautical Congress and IISL International, among other things. They just let me be, and now it has all come together. That’s Dua Associates for me. Without Dua Associates, balancing both these things would not have been possible. My colleagues are equally indulgent; they have a smile on their faces when I’m talking about this.
Now, it’s all coming together, especially as we, including the government, are openly talking about space initiatives. In these contexts, I’m able to provide some assistance. As my professor said, your knowledge will be of assistance someday. To the extent that I can, I certainly try to help. It is not for me to drive these initiatives; I can only assist. The final decision is always the government’s prerogative.
The unraveling and understanding from my perspective are crucial. For example, civil space users already know all the operational details. For military space users, how do you navigate through this amazing treaty? It’s important to understand what military users should or should not do and why they cannot do certain things. There are countless complexities. It’s very difficult to explain it all, but to the extent that I am involved, I am doing my best.
Ma’am, you have also served as counsel for the Union of India at the High Court of Delhi. We would request you, if you are comfortable, to share any professional highlights or significant cases that had an impact on your career or legal perspective. Specifically, we are interested in cases where you thought a particular change would bring a change in society at large or anything that you felt has brought significant change to your life and career.
So, as far as legal practice is concerned, what I valued very much at a personal level is observing the societal changes. Change in society is significant. When I was a member of the Delhi State Women’s Commission, I had to deal with one particular case involving a highly educated lady. She had completed her MPhil in chemistry, and her husband was a doctor. Anyway, the short point is that it was a matrimonial situation where she and her children had been thrown out of the house. It went to court, and she was refused to provide any maintenance. However, she also did not have a house to live in.
The gentleman was still in service but had a DDA flat. She needed a place to stay with her school-going children. In the course of that argument, more than me, it was the presiding judge who made a significant impact. Whenever I think of him, I always wish him well. He said that she has the right to live in that house, to begin with. He expanded the scope of the relief he granted. Plus, he ordered Rs. 4,000 per child. This case went on for years. In the middle of all this, I went off to Montreal and told my colleague about my pro bono work. She volunteered to handle it for me. By the time I came back in 2005, this lady returned.
She used to give tuition in chemistry and mathematics. She used to drive her car to Gurgaon. She was staying in one of the DDA flats in Vasant Kunj so that she could pay for her children. Understandably, those children were impacted by their familial circumstances. But she stuck to her ground, and I have to say, I admire her immensely for her fortitude. Perhaps mothers are like that. She did all this, and her son finally finished his engineering and went to Germany for further study.
Her daughter was deeply impacted by her father’s conduct and used to stammer with anxiety. If you’re a mother, you know what I’m saying. Ultimately, that girl has emerged from her struggles like a chrysalis and a butterfly. She has a wonderful job in a very well-known school, which is a residency. Now and then, they come to meet me, and the children keep in touch with me, exchanging messages. The son is now settled in Berlin. She looks so pretty now.
She’s so confident, and so happy, and the mother is also elated. During COVID, there was naturally no question of tuitions, as one couldn’t go anywhere. However, she started a catering business and arrived here with all sorts of food. I asked, “Why have you brought this for me?
” She replied, “Because I made it myself. This is what I’m doing.” She sustained herself through that. In due course, we were able to find some details about her husband that could have incriminated him in a criminal matter. As a doctor in a government hospital, you know what happens if you lose your job. So, it came to a point of negotiation because the court suggested mediation to settle. He signed off that DDA flat in her favour. I said, “I would not like to, but I just want to tell you that I know about this. I know about these facts. I’ll leave it to you because you’re a brilliant doctor. How would you want to deal with this?” So he signed off the flat, and then we completed the registration process.
Because unless the title is transferred. He can still challenge after he retires. So we went through that whole and connected the dots and created a virtuous cycle to protect her and her children. For me, that was very, very material.
And the other was, the case of this little girl who was around 16 years old and she lived in one of the areas in Delhi. And they had come to the commission. This girl had been sort of waylaid by a constructor who was building around in that locality. And she had been raped. And the father, the old father came, you know, in tears to the chairperson who called me and she said, Ranjana ji yeh. So I said, okay, let me see what can happen.
So now, naturally, this falls under criminal law. I said I would go to Patiala House and informed the judge that I’m representing the Women’s Commission. Have you ever witnessed cross-examination in a rape case? This gentleman arrived with a battery of eight lawyers, bombarding this little 16-year-old girl with questions. It was bewildering. She didn’t grasp what had happened to her.
By the time the case came up, she had recovered, but she was overwhelmed. “Where was his hand?” “How were you feeling then?” I intervened, addressing the judge, “Your Honor, firstly, let there be nobody else in the court. This girl cannot handle these questions. Please, exercise restraint in your questioning.”
In the end, despite the verdict, the father approached me to express his gratitude. He mentioned he intended to arrange his daughter’s marriage. I advised him, “Sadat Sir, it’s unfortunate what happened, but it shouldn’t mar her future. Inform the prospective groom and his family beforehand.”
Six months later, the chairperson contacted me. The Gurdwara Parbandhak Committee had sent a letter expressing gratitude to the commission, specifically mentioning my assistance. They visited with a box of sweets, sharing that the daughter was happily married. They acknowledged her past and reassured her, “It’s not your daughter’s fault.”
Some judgments may shake the earth, but this experience profoundly impacted the lives of these two women. As a father, such meaningful milestones resonate deeply with me, as much as I cherish space exploration.
That’s what is called bringing change to society. How can you say that you have not brought in? You have brought in significant changes. Even if it has touched two lives, it has changed those lives. I really cannot imagine what they have been feeling during that kind of litigation and after following your suggestions and mediation techniques. It’s amazing, ma’am. I am just speechless.
But I’ll tell you one more thing at the time: this girl, the little girl, had been for cross-examination. My daughter, who’s studying in Welham in Dehradun, was home on holiday, and we used to live in Tilak Marg. I don’t know if you’re familiar with Delhi, but Tilak Marg and across the road is Patiala House.
So I told her, I said, “Look, you come with me. This girl is about your age, and it takes time. You have to wait till your case gets called up. I want you to come and sit and chat with her because there’ll be nobody; she’ll be sitting alone.” And these two girls are getting along famously.
And my daughter couldn’t believe it. You know, just to look at Patiala House and all those people and all these things and so forth. I said, “Mahima, this is the world across the road from our house. You live in a very privileged cocoon. Never forget that.”
The Dr. Sarojini Naidu International Award for Working Women, which you received in the year 2023, is absolutely a remarkable achievement, at least from where I come from. Ma’am, I would like to understand from you what this recognition means to you in both personal and professional spheres, and how you see that all these kinds of recognitions help us. Not only do they ground us, but they also help us understand how we can give more to society because, yes, we are a little privileged, and that is the only way of giving back to society, to the roots. How do you see it has changed you?
Look, firstly, that intimation, that email I got, came as a complete surprise to begin with. So I had to find out a little bit more about what this was. Anyway, of course, I was very pleased. Anybody would be. But what is wonderful that Mr. Marwah is doing, the people at Marwah Studios, is that I mean, I’m not talking about myself and Space Law because it’s just such a niche area that there is nothing much that I can say.
But I noticed that all the ladies who were being honored there were not because they were at the very top and they had achieved some extraordinary thing being chairman, CEO, this, that, and the other, but that they were contributing by their participation in the various activities within their radius of life, within the circle of their life. As I quoted you two examples, it’s two individuals whose lives I had the honor to touch.
These ladies, like I said, are not the ones that you see in the newspapers or on TV channels, but it’s a recognition of the contribution those ladies are making within the scope. So as much as, of course, I was very pleased about it, but I was thrilled at this initiative that Mr. Marwah has, Sandeep Marwah, I think is his name. I think that institution and that thought requires a great deal of credit that ladies everywhere, small town, big town, midtown, elitist housing and non-elitist housing, wherever you may be, but within that scope of your activity, whatever it is that your activity, you’re contributing.
That is the real thing about that Sarojini Naidu Award.
But I must tell you that the International Institute of Air Law awarded me a Distinguished Services Award in 2017 for promoting the awareness of outer space and outer space law within the national context. And for my contribution to creating this awareness within my country. And that for me was a true validation that whatever that I may be doing here in India is well worth the while.
Ma’am, I would love to ask you one, not the last, but almost the last question. How do you balance your personal and professional life? And I would ask you from the very start. From where you started your legal journey, and when you established yourself as an individual practitioner, then as a partner, then in Space Law, and in Air Law, how did you balance your personal and professional life?
So, like I told you right in the beginning, I did my law much later. After I got married, I completed my PhD. I was actually involved in running an advertising agency. I used to do a lot of writing for Hindustan Times, Indian Express, and magazines, and do travel writing.
I was with a friend of mine; we were running an advertising agency. All of that allowed me to be at home when my children came back from junior modern school. As they started growing older, then I could stay out of the house because that’s the way I’m temperamentally wired. As it happens, that advertisement my husband was telling me about came at a time when my children had already left for The Doon School and Welham.
So I was able to do that evening. There was nobody at home because my husband was by then posted in the Andamans. So I used to drive down to the University of Delhi and do evening classes. It just, you know, those dots connected. I was able to start practising in Delhi; my children were in school.
By the time I was done practising, they had finished school. Ishan was in Stephens, Mahima turned up, she was in Stephens, then he moved on to Cambridge, and I suddenly found myself with Space Law, but my children were grown up by then. Home-life balance is easy, and it is easier when your husband supports you to understand that you have aspirations.
Ma’am, the thing you just said about partners brings me to a very important question. Nowadays, new entrants to the legal field, whether male or female, often face the challenge of balancing their professional and personal lives. Mental health issues are prevalent. What suggestions or golden nuggets would you offer them?
When I started practising in Delhi High Court, and I used to go to the ladies’ bar room, I would see young women agonizing because their child was not well, and they had to come to court. I was thinking to myself, “I’m so glad I had the luxury of saying that I’m just going to do a lot of writing and potter around with this ad agency. I’m going to be working from home whenever I feel like being at home.”
I had the base for that. These young girls, especially in a profession where you’re working long hours, are drafting and meeting clients every other day after the close of court.
So when I started practising on my own, my children were in college, but they needed a mother when they had something important to tell. Whenever they came to my study and sat on the particular sofa there, I would stop working until we had a discussion, until they had said whatever it was that they wanted to say, however long it took.
But then I used to work late at night and finish what I had to do because I had deadlines to meet. Circumstances are different for different people. It’s very difficult, especially for women, and those who do it and stay with it, I truly admire them because I know that many young ladies are doing it against tremendous odds and adversity.
I know a lot of people personally who have done so well. Some have been elevated to the bar. It’s amazing, and it’s not easy, even with support.
Can you share with us the journey that led you to specialize in Corporate and Commercial law, particularly in the non-contentious aspect?
I am a second-generation lawyer, so attending law school, especially coming from a South Asian background, was almost a ‘fait accompli’. However, during law school, I discovered a keen interest in contract and commercial law modules. I found myself drawn to these modules much more than those dealing with subjects such as criminal or constitutional law, and I also realized that I had a natural aptitude for them. This interest led me to pursue internships that would allow me to delve deeper into related fields. My first internship was with the legal department of Unilever Sri Lanka, followed by another at a corporate law firm in Sri Lanka (where I got to directly work on M&A transactions and corporate restructurings). From then on, I never looked back.
What inspired you to pursue your master’s degree in International Trade Law after your undergraduate studies?
Pursuing a master’s degree was largely circumstantial. I had just returned to Sri Lanka after completing my LLB and was getting ready to sit for my attorney’s exams. I had also started working with a law firm as a legal assistant, which was a full-time commitment. The master’s degree in question was being administered by the Advanced Legal Studies Unit of the Sri Lanka Law College and was a part-time course specifically targeting working lawyers. Incidentally, it was a first of its kind at the time, although external LLM degrees from UK universities are now offered by various institutions in Sri Lanka. So, when I saw the advertisement, given the specialisation, the timing of classes (Saturdays and one evening a week) and the lecture panel (which consisted of some of the most eminent subject matter experts in the country, including two current Supreme Court judges – Justice Janak de Silva and Justice Arjuna Obeysekera), I was very keen to apply.
I would generally advise any young lawyer or aspiring lawyer to get some real-world experience before pursuing a master’s degree or doctorate, unless you’re inclined towards an academic career or very passionate about the topic of study. It shouldn’t simply become an exercise in enhancing your resume.
With your experience spanning across different regions and legal systems, particularly Singapore and Sri Lanka, what are some of the key differences you’ve observed in handling cross-border M&A transactions?
I’ve only practiced in Singapore and Sri Lanka, but both have involved a lot of cross-border work. In the last 6 months alone, I’ve handled acquisitions, corporate restructurings and VC transactions in the US, Kenya, India and Singapore. In my current role I’m predominantly a domestic lawyer in Sri Lanka, focusing on transactional and legal advisory work within the country, but I have some clients from my stint in Singapore keeping me occupied on offshore transactions. My firm also specialises in helping Sri Lankan companies expand internationally. Each jurisdiction is different; sometimes their legal systems are easier to reconcile and understand because of a common history. For example, Sri Lanka and India share a lot of similar laws and administrative practices due to both having been British colonies, and sometimes they can be very different (such as in civil law countries, as I experienced on a power sector investment in Germany a few years back). M&A or projects/project financing work in Singapore, as compared to Sri Lanka for instance, generally involves more sophisticated and voluminous documentation but comparatively less administrative or practical hurdles; this can perhaps be attributed to the maturity and size of the Singaporean economy.
A lawyer must be open-minded and adaptable enough to quickly adjust to different circumstances, for a successful legal practice. I think this is true regardless of practice specialisation, and it is a perspective and approach that my firm endeavours to instill in all our new trainees.
As a former Executive Committee member of the Sri Lanka Singapore Business Council and Vice-President of the Inter-Pacific Bar Association, how have your involvement in these organizations influenced your approach to legal practice?
It has reaffirmed my belief in the value and power of networking. The IPBA in particular (as well as the International Bar Association – IBA) is a fantastic place for any lawyer to make connections, learn of developments globally as well as in other jurisdictions and engage in knowledge-sharing.
Could you walk us through a particularly complex transaction or project you worked on, highlighting the challenges faced and how you navigated through them?
That’s a fairly difficult question to answer, as almost all large transactions and projects I’ve handled have come with some form of complexity.
One transaction does however stand out, just because of the timing and the circumstances. In mid-December 2021, I was engaged by an international law firm to assist in the sale of the majority shareholding in two Sri Lankan listed companies for a foreign headquartered MNC client. Whilst that would ordinarily be a challenging transaction in itself, this one had to be negotiated and completed during the Christmas break, when most offices in Sri Lanka were closed and I was on a wildlife safari with my family in Chitwan, Nepal! I remember navigating four different time-zones, negotiating documents from the back seat of a safari jeep and roaming around the camp at 4am for some internet connectivity to send out emails. Thankfully I almost never travel without my laptop and a roaming data connection. I also had fantastic support from the transaction intermediaries, including the Colombo Stock Exchange, the brokers, bankers and another Sri Lankan law firm which was acting as a share trustee. They went above and beyond, working through Christmas eve and Christmas day to ensure that we completed the transaction on time.
I think it’s important for lawyers to build and maintain close business relationships, particularly with regulators and other professional service providers in the market – you may never know when you need to ask for a favour. I think it’s also important, if you’re an M&A lawyer, to be prepared for a transaction to kick off at any time. Admittedly, this might mean less of a ‘work-life balance’ and more of a ‘work-life blend’.
In your opinion, what are some emerging trends or developments in corporate law, especially in the context of evolving regulatory frameworks and global economic shifts?
From a Sri Lankan viewpoint, I can say that we are seeing a lot more economic activity with India. Between 2013 and 2018, China was arguably the largest source of FDI into the country, particularly towards various infrastructure projects under the Belt-Road Initiative. From 2019 onwards, and particularly post Covid-19, India appears to have taken the overall lead in trade & investment relations with Sri Lanka. This is perhaps a result of PM Modi’s ‘Neighbourhood First’ policy, and consistent with a growing international perception that there is an emergent India – one that is utilising its clout and reach, and leveraging on its potential, as the world’s fifth largest economy. India also appears to be an economic beneficiary of worsening US-China relations, with US and European companies seeking to de-risk and diversify their supply chains.
Given the cultural and geographical links, as well as the substantial similarities in legal and administrative frameworks, I’ve long been an advocate for greater economic integration between India and Sri Lanka; it is, now more than ever, ‘low hanging fruit’ towards reaching our own development objectives in a mutually beneficial manner.
Finally, considering your wealth of experience, what advice would you offer to law graduates aspiring to specialize in corporate and commercial law, especially in today’s dynamic legal landscape?
I would say go for it. There are so many emerging practice areas to explore now, within the broader framework of non-contentious corporate and commercial law work, from data privacy to the developments in blockchain technology, cryptocurrency and the use and application of AI. The best way is to get insights and hands-on experience through internships and work placements etc.
