Super Lawyer

Category: Interviews

  • Bridging Science and Law: A Unique Approach to Legal Practice and Emerging Technologies – Alishan Naqvee, Founding Partner at LexCounsel, Law Offices.

    Bridging Science and Law: A Unique Approach to Legal Practice and Emerging Technologies – Alishan Naqvee, Founding Partner at LexCounsel, Law Offices.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With more than two decades of legal experience and background in physics, what was the inspiration for you to transition to law and how has your scientific education, specifically related to physics, influenced your approach to legal practice?

    I consider myself an accidental lawyer, as law was not my original ambition during school or while pursuing my graduation in physics. However, circumstances led me to take the law entrance exam, where I was selected. Interestingly, I had also appeared for other entrance exams, including one for mass communication. Before moving into law, I also spent some time training as an Assistant Commander in the Indian Armed Forces. My background in science has been very useful in my legal career, as it has helped me develop strong analytical and problem-solving skills, which are key in law. These skills have made it easier for me to understand and address legal issues.

    When I started practising law in 1998, the telecom and IT outsourcing sectors were in their infancy in India. My scientific background enabled me to grasp the technical aspects of these fields with ease. For instance, I worked on matters involving leased lines, the introduction of VOIP (Voice Over Internet Protocol), and regulations like the prohibition on terminating internet calls over PSTN (landline) connections, which required separate devices at the time. This technical knowledge gave me an advantage early in my career, enabling me to work closely with clients and gain valuable experience. Even now, my scientific background remains crucial, especially in emerging fields like AI, machine learning, and medical devices, where a solid understanding of science is often essential in areas like data privacy, data protection and competition law.

    While many assume that a lawyer with a science background would naturally gravitate towards intellectual property or patent law, my career path has been far more diverse, involving criminal cases, civil disputes, and regulatory matters across multiple sectors. My science background has been valuable in helping me interpret and analyse complex information accurately. Although I never expected my physics education to connect so closely with my legal work, it has sharpened my analytical skills and allowed me to handle a broader range of issues. My journey has shown that science and law can complement each other in meaningful ways.

    Given your background in science, law, and ethics, what is your perspective on the challenges we may face as emerging technologies like AI, IoT, and blockchain become integrated into our legal and societal systems? Specifically, how do you see AI influencing forensic evidence and the practice of law? What ethical dilemmas do you anticipate arising from these technologies, especially considering their potential impact on society and the legal framework in a populous country like India?

    With my background in science and law, I see the integration of emerging technologies like AI, IoT, and blockchain into legal and societal systems as both a challenge and an opportunity. AI has the potential to revolutionize legal practice and judicial processes, but its adoption must balance the benefits of innovation with addressing ethical concerns and ensuring societal well-being, especially in a diverse and populous country like India. 

    India is uniquely positioned to lead in the global AI landscape, with much of the development in generative AI and software engineering being driven by Indian professionals, both domestically and abroad. As a hub of global IT leadership, India has the expertise and resources to shape the future of AI responsibly. This role comes with the responsibility to establish ethical frameworks that ensure AI acts as a tool for justice and societal progress, rather than a source of harm or inequity.

    AI’s application in the legal field can be divided into three stages: 

    1. Basic Automation: At the most basic level, AI can handle routine tasks and manage high-volume cases, such as traffic violations, where penalties can be automatically issued based on photographic evidence. Bulk cases like recovery suits, small financial claims and builder disputes can also be streamlined, with AI drafting basic judgments. A “maker-checker” system can ensure accuracy and save judicial time for more complex matters.
    1. Case Categorization and Prioritization: The second stage involves AI helping to categorize and prioritize cases, allowing the judiciary to focus on critical matters involving life, liberty, privacy, and public policy. Courts already use categorization for bail matters, and AI could streamline less critical cases. This would free judges to focus on high-stakes issues like corruption and white-collar crimes, improving judicial efficiency without compromising the need for human compassion in decision-making.
    1. Complex and Sensitive Cases: The third stage is AI’s role in supporting complex and sensitive cases, such as those involving fundamental rights or criminal offenses. Ethical dilemmas require nuanced understanding and empathy, which AI cannot replicate. Judges must retain ultimate authority in such matters to ensure justice is served with compassion and context. AI can help with research, analysis, and gathering evidence, but final decisions should be made by humans to ensure fairness and to uphold the law.

    AI is set to change the way lawyers work by automating tasks like documentation, research, and drafting. This might reduce the need for some entry-level tasks but opens up opportunities to focus on skills like analysis, strategy, and argumentation. For young lawyers, especially those impacted by the pandemic, the key will be adapting to these changes while building courtroom skills and upholding ethical practices that technology can’t replace.

    Ethical dilemmas are a major concern in the use of AI, especially generative AI, which can create false information that may be misused in courtrooms if not carefully monitored. Over-reliance on AI could also lead to decisions being made without adequate human oversight. While AI can be a valuable tool, it must serve human objectives, not replace human judgment. To ensure justice and fairness, India’s legal framework must adapt to technology with regulations that balance innovation and safeguards against its misuse. Training for lawyers and judges on AI’s capabilities and limitations is essential for responsible use. By embracing AI cautiously and ethically, India’s legal system can benefit while ensuring that compassion and fairness remain at the heart of justice.

    Given your experience in healthcare, where AI and robotics are increasingly used in elder and newborn care, ethical concerns about privacy, data misuse, and autonomy are growing. Neuroethics, particularly around “brain rights,” is becoming a global issue, yet India lags in addressing it. With India’s focus on fundamental rights, when do you foresee lawmakers accelerating discussions and legislation to protect cognitive liberties and ensure AI respects privacy, autonomy, and dignity?

    Unfortunately, what we observe globally, and particularly in India, is that legislation often emerges as a reaction rather than proactive action. Laws, especially key ones, tend to be overhauled only in response to significant events or crises. Whether it pertains to criminal laws or other sectors, this reactive approach delays progress. AI is already prevalent, and we need to regulate it now. If we don’t, we’ll always be reacting to its effects rather than shaping its development. Importantly, no law is cast in stone; even our Constitution permits amendments. 

    A key example of delayed regulation is the medical device industry, which was initially governed by the Drugs and Cosmetics Act but took years to develop a dedicated framework. As medical devices increasingly incorporate AI, such as blood glucose monitors that use real-time data for more personalized care, the need for timely regulation becomes more urgent. While AI enhances precision, ethical concerns about autonomy and accountability arise. Robust regulation is essential to ensure safety, fairness, and accountability as these technologies evolve.

    Neurosciences represent a frontier where technology and ethics intersect, with initiatives like Neuralink, led by Elon Musk, showcasing both promise and controversy. Technologies that bridge physical or neurological impairments, allowing the brain to communicate directly, offer hope for individuals with conditions like neurodegeneration or spinal cord injuries, enabling them to “speak” through neural interfaces. These advancements could also change how we understand patients in vegetative states, distinguishing between natural responses and conscious communication. 

    Also, the concept of brain preservation opens exciting possibilities, such as preserving the brains of great minds like Einstein or Stephen Hawking to continue their problem-solving and creativity even after their deaths. Breakthroughs in tissue generation, like replicating tumours to test treatments, are already improving healthcare outcomes and paving the way to cure diseases like cancer. Combining brain preservation with AI could extend the knowledge of exceptional individuals, allowing their wisdom to guide future generations and drive progress long after their lifetimes.

    Ethical concerns are natural, especially in fields like neuroscience and AI, dealing with issues such as consent, privacy, and misuse. However, these concerns should guide progress, ensuring that innovation aligns with society’s values. Throughout history, humanity has advanced by tackling ethical challenges. The integration of AI, neuroscience, and related technologies offers huge potential, but it must be regulated carefully. By embracing these innovations responsibly, we can push boundaries and ensure technology benefits humanity, with compassion, ethics, and human oversight at the core, especially in medicine and law. Technology should remain a tool in human hands, not the other way around.

    Starting LexCounsel early in your career, you’ve worked extensively in litigation and dispute resolution. What challenges have you faced in these areas, and how have you proven your expertise? Additionally, for newcomers entering the field, what advice would you offer on balancing specialization with broader growth opportunities?

    When I began my career as a junior advocate, I saw law as a professional degree that offered the unique opportunity to start an independent practice right away, unlike many professions that require applying for jobs. Although law wasn’t my original plan, I knew I wanted to build my own practice. I gave myself six to eight months to try it independently, and fortunately, my first client’s payment covered my expenses, allowing me to grow. Looking back, running my own law firm has been a highly rewarding experience.

    In the early years of my career, I intentionally took on a wide range of work because I believed that diverse experience is key to intellectual and professional growth. I handled litigation matters that law firms often take on selectively, such as winding-up petitions, cheque bounce cases, and white-collar crimes. Law offers no one-size-fits-all path to success; some lawyers excel by specializing in a single area or focusing on one court, while others diversify into areas like litigation, arbitration, and regulatory work in forums such as the NCLT or NCDRC. In my view, the early years should be about embracing any work that comes your way, as these formative years are vital for understanding the nuances of different practice areas.

    One of the key lessons I have learned is that drafting should always follow a structured approach. Whether you are preparing a reply or initiating a case, it is essential to start by understanding the facts of the case, identifying the key issues, and conducting thorough legal research. Only then should you proceed with drafting, ideally in consultation with a senior or mentor. A common mistake among young lawyers is starting with assumptions and drafting without proper research, which often results in errors. Developing a disciplined approach to drafting and research is a skill that pays dividends throughout your career.

    The legal profession demands relentless hard work and dedication. Unlike other fields, there is no concept of a Monday-to-Friday workweek, weekends off, or a casual start to the week. The profession is highly competitive and unforgiving. One of my seniors used to say that law is a “jealous profession.” If you neglect it or treat it as secondary, it will leave you. Success requires consistent effort, particularly in the early years. Moreover, knowledge acquisition is non-negotiable in this field. If a lawyer fails to build a strong foundation of knowledge in the initial years, their career will face significant challenges after seven to ten years. A solid start is critical for long-term stability and growth in the profession.

    Hard work is essential, both in law school and in practice. While some believe law is learned only through practice, I’ve seen that students with strong academic discipline tend to perform better professionally. Law school builds skills like hard work and achieving results, which are crucial in the field. Those who neglect assignments or skip classes often struggle later on. In the early years, you may rely on family support or modest earnings, but without a solid knowledge base and experience, meeting expectations becomes challenging. My advice to young lawyers: embrace learning, build a strong foundation, and dedicate yourself to the profession. There is no greater embarrassment than being unprepared, and no greater satisfaction than mastering your craft and earning the respect of your peers and clients.

    Could you share your experience representing multinational corporations, which have unique legal needs compared to individuals or smaller companies? How have you navigated complex corporate transactions, dispute resolution mechanisms, and international arbitration systems? Given the importance of international law in these areas, how have you incorporated these learnings into your practice, and what advice would you give to learners on the significance of studying international law, especially with emerging technologies in mind?

    In the early 2000s, Indian employees of multinational corporations faced challenges due to the casual approach to bribery and facilitation payments, as the US Foreign Corrupt Practices Act allowed small facilitation fees to expedite routine government actions. However, the introduction of the UK Bribery Act, which banned such payments, marked a shift toward stricter compliance. I’ve witnessed teams being asked to resign due to violations of these laws, often from unintentional actions. Over time, with stronger anti-corruption laws, increased media scrutiny, and corporate training programs, compliance levels have improved. Today, employees understand the importance of following these rules, even if it means losing business, helping create a culture of integrity and reducing issues with non-compliance.

    In terms of litigation, our journey began when we established ourselves as a corporate and commercial law firm in 2004. Initially, our work was centred on corporate transactions, but clients began approaching us with disputes related to their franchise agreements, international contracts, and other business dealings. Since we understood their businesses and agreements, they preferred us over others to handle these disputes. 

    At first, we relied on senior advocates for court appearances, but this approach had limitations, such as difficulties in coordinating with external counsel and a lack of accountability. This led us to take a more hands-on approach, handling many hearings ourselves while engaging while reserving senior counsels only for crucial arguments. This shift improved responsiveness, reduced litigation costs, and built client confidence, with many now trusting us to handle cases independently or to decide when a senior counsel is needed.

    This approach has helped us build trust with our clients by ensuring clear communication, accountability, and adherence to timelines. This level of organisation and transparency, combined with our ability to represent clients directly in court, has been a winning formula. However, success in the legal profession doesn’t follow one path. Some lawyers thrive by specialising, while others succeed by maintaining a broad practice. For us, a mix of client trust, responsiveness, and adaptability has been key to building our practice.

    The legal profession has evolved significantly over the years. How has this change, particularly in terms of ethical implications and AI, impacted legal practice during your decades of experience? Additionally, with the shift towards a more “glocal” mindset, how do you see this influencing the Indian legal profession and its professionals?

    The legal profession has changed a lot over the years, especially with technology, ethical challenges, and AI. In my early days, technology wasn’t as important. Clients would sometimes comment on my youth, which I initially took as a compliment but later realized it was also a sign of their concerns about my experience. Over time, however, the profession embraced technology, especially during the pandemic, which pushed the legal system to adapt to virtual platforms and digital filing systems. Courts, like the Delhi High Court, took the lead in this digital transformation. Today, senior advocates confidently argue complex cases using tablets, with neatly organised digital files. It’s remarkable how the profession has not only adapted to these changes but has also become more environmentally conscious.

    This change extends beyond technology. There has also been a generational shift towards more pragmatic and socially conscious thinking within the legal fraternity. Whether it’s landmark judgments advancing the rights of the LGBTQIA+ community, the decriminalisation of outdated laws, or lawyers taking up environmental and social causes, we are witnessing a progressive evolution in our profession. Many lawyers actively assist the judiciary by initiating public interest litigations, serving as court commissioners, or bringing matters before forums like the National Green Tribunal. This heightened social responsibility is not new—lawyers have historically led battles for freedom and human rights worldwide—but it is heartening to see the Indian legal community continue this tradition with renewed vigour and adaptability.

    The progress of the legal profession in India is commendable, especially considering the complexity of our multi-religious, multicultural society. The legal community has shown an impressive ability to adapt, turning challenges into opportunities. Advancements such as digitally indexed Supreme Court judgments and QR codes on Delhi High Court rulings, while seemingly small, collectively mark a significant transformation in making the profession more efficient, accountable, and responsible. The evolution of India’s legal fraternity, driven by technological adaptation, environmental awareness, and a commitment to social justice, is inspiring and reflects the resilience of the community in upholding core values in a rapidly changing world.

    Given the wide range of portfolios that you manage. How do you see keeping yourself motivated, keeping others around you motivated and keeping the positive environment going as you were talking about?

    I have an intellectual drive within me that pushes me to constantly challenge myself and pursue new opportunities, whether in personal growth, financial decisions, my child’s education, or my legal practice. This mindset has shaped my professional journey, where I’ve continually sought to expand into new practice areas and learn something different. Over time, this curiosity has helped me, and my firm evolve into a multi-faceted legal practice, combining both interdependent and independent areas. For example, clients from the healthcare sector may start with litigation services but eventually need help with regulatory matters like medical device registration or navigating the complexities of drug pricing under the Drug Price Control Order (DPCO). This has allowed us to diversify and grow while developing unique expertise in each area.

    Adaptability has been key to my journey. Early on, I worked in corporate law, handling tasks like drafting resolutions and conducting due diligence. While important, I found these tasks lacked the creativity I wanted. To stay engaged, I started taking on litigation work, eventually branching out into areas like white-collar crimes and insolvency under the IBC. The constant changes in law, like updates to the Companies Act and the introduction of the IBC, kept me learning. Our firm has always embraced new challenges, which has helped us build a diverse and exciting portfolio of work, which has kept our work dynamic and exciting.

    What keeps me going is the constant opportunity to learn. In law, no one can claim to be a master; we’re all lifelong students. I embrace this mindset, viewing every challenge as a chance to grow. This approach has not only shaped my career but also the ethos of our firm. The pursuit of intellectual curiosity and a willingness to adapt have been the foundations of my journey, helping me expand into diverse practice areas and maintain passion for my work. As a student of law, I remain committed to learning and evolving, ensuring my journey is as dynamic as the field itself.

    Get in touch with Alishan Naqvee –

  • “My advice to all young lawyers looking forward to a career in international dispute resolution is to seek internships with firms involved in international arbitration, build a robust network, and pursue certifications in international law.” – Shivam Chanana, Principal Associate at P&A Law Offices.

    “My advice to all young lawyers looking forward to a career in international dispute resolution is to seek internships with firms involved in international arbitration, build a robust network, and pursue certifications in international law.” – Shivam Chanana, Principal Associate at P&A Law Offices.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With nearly a decade of experience in civil litigation, arbitration, and related fields, what initially motivated you to pursue a legal career, especially in the area of dispute resolution?

    My initial motivation came from my neighbours in my hometown. Literally, every house has a name board with an Advocate written on it and this used to fascinate me a lot. Moreover, I honestly always thought that this is some kind of an easy money-making profession, I was clearly mistaken. I always thought that resolving conflicts through a structured framework inside a court room will be very exciting. My parents were very supportive when I told them that I want to be a lawyer. They supported me in my decision to move out and start a fresh life in Delhi as well. Initially it was a little tough for me, as coming from a small city with no background in legal fraternity, I had to face some challenges. 

    After a couple of years in the profession, I was curious to know more about Alternate Dispute Resolution and this intrigued me because it not only requires a grasp of the law but also strategic thinking and negotiation skills to achieve amicable solutions. I witnessed situations where unresolved disputes led to prolonged challenges and dirty legal battles so I think Dispute Resolution is one of the best ways for a peaceful settlement.

    Having earned your Master of Laws (LL.M) in International Dispute Resolution from King’s College London, with a focus on International & Commercial Arbitration, how did this advanced education influence your approach to handling complex international disputes? Additionally, what were the key criteria for admission to this prestigious institution, and what made you choose it over other options?

    Pursuing LL.M in International Dispute Resolution from King’s College London significantly enhanced my ability to analyse complex international disputes. It gave me a lot of confidence in life personally and professionally as well.   The program’s curriculum, exposure to diverse legal systems, and interactions with global legal practitioners and intellectual minds helped me develop a well-rounded perspective. I strongly feel that going for a Master’s that too after some work experience was one of the best decisions I ever made. Since I had some professional experience, I was able to relate more and indulge more in discussions with students from around the globe.

    Admission to King’s required a good academic record, a compelling personal statement, and a clear vision of professional goals. To some extent my work experience and letters of recommendation from my mentors also helped a lot. I chose King’s over other institutions for its unparalleled reputation in Law, especially in Dispute Resolution and obviously I didn’t want to miss out the opportunity to study in a city that serves as a hub for international legal practice.

    Starting your career in 2015 and accumulating over nine years of legal experience, what were some of the challenges you faced in the early stages of your career? Could you share specific experiences that significantly contributed to your growth as a legal professional?

    Being a first-generation lawyer with no background in the legal fraternity, I had to face a few challenges that too in a city like Delhi where I hardly knew anyone in the profession at that point of time. I think the biggest challenge was to survive with minimal resources at a salary of INR 12,000/- per month. It was all very new and overwhelming for me. I had no idea how this profession is going to treat me and how am I going to survive on my own. However, God has always been kind and I truly feel blessed for getting some great helping hands during the initial days of my career. As far as growth in this profession is concerned, I realised that you can only grow in the legal field if you start being honest to yourself, start respecting your seniors and stop comparing yourself with others in the profession. These three key points should never be neglected by young lawyers. Of course, having a good drafting or communication skills, networking etc. helps but realising your own worth by not comparing yourself and by being honest with yourself and by giving respect without any expectations will surely take you to heights. 

    On a lighter note, reading your files properly and being punctual in court will also help you grow in the profession. 

    In your current role, you manage high-stakes cases for various significant clients. What is your approach to handling complex litigation matters, and how do you strategize for optimal client representation? Additionally, what do you believe is the most important skill for law students to develop if they want to pursue a career in litigation?

    While handling high-stakes cases, I prioritize a deep understanding of the client’s objectives and the legal landscape. My approach involves deep research, anticipating opposing strategies, and clear communication with clients to align on tactics. I also strongly feel that discussing all aspects of the matter internally with your team helps a lot. A junior most lawyer in your team can also give you one of the best advices, which is why discussing with the team and involving your team members while stargazing your next move is highly recommended.  

    For aspiring litigators/young lawyers, I would suggest to be very patient, calm and diligent reader. Reading with a calm mind can solve most of your issues as it will give you clarity and understanding of what needs to be done and what you need to avoid. Getting into a habit of reading judgments, research papers, articles etc. can be of a great help. Apart from this, I think being vocal in a polite way is also very important in the profession. This will upgrade your confidence and increase your participation in various discussions which will ultimately help you in enhancing your court skills.

    You manage a team of senior advocates and advocates, how do you ensure a consistent workflow and minimize burnout? Additionally, what key values do you prioritize when selecting team members?

    I treat everyone in the team equally and make sure that we work together as a team on the assigned matters. I prioritize establishing clear processes and maintaining open communication to ensure consistent workflow. I avoid acting like a senior and create unnecessary urgencies. I usually begin by understanding the unique strengths and expertise of each team member and assign tasks accordingly. This ensures that each team member is working in their area of proficiency. 

    Additionally, we encourage the team to maintain meticulous documentation of their work, ensuring continuity even when team members are unavailable due to court appearances or other commitments. By fostering a collaborative culture, we ensure that the workload is evenly distributed, and knowledge-sharing becomes a norm. I believe that a healthy work environment is crucial for delivering quality results consistently. To achieve this, it is important to encourage family/personal time and equal distribution of work among all team members. I also encourage the team to maintain work-life balance by respecting personal time and being flexible with deadlines whenever possible.

    To create a positive and motivating atmosphere, I make it a point to recognize and celebrate accomplishments, both big and small. 

     While building a team, we should prioritise integrity, collaboration, and a strong sense of responsibility. Integrity is non-negotiable in the legal profession as it directly impacts our credibility and the trust of our clients. One needs to be respectful towards seniors in the profession in order to make it big in the profession. It often makes me wonder why the sense of respect and integrity we had earlier is now missing in the young lawyers. I strongly feel that it is high time for them to realise the importance of working respectfully as a team so that they can individually grow professionally and personally both. 

    Given your expertise in arbitration, what do you consider the most crucial challenge while dealing with complex commercial or international disputes? How do you think the Indian dynamics are changing when it comes to arbitration in disputes?

    The most crucial challenge in arbitration is ensuring enforceability of awards, especially in cross-border disputes and emergency arbitration. Another significant hurdle is managing jurisdictional complexities while balancing client interests. In India, arbitration is undergoing a transformation with legislative reforms and increasing reliance on alternative dispute resolution mechanisms. These changes are fostering a more arbitration-friendly environment. India still has a long way to go especially when it comes to enforceability issues, but I am sure we are on the right path and we will soon be known for our laws on dispute resolution.

    In your opinion, what are the major challenges faced by Indian lawyers seeking to specialize in international dispute resolution? What advice would you offer to those aiming to pursue a similar career? Also, could you recommend any resources you use to stay updated with legal trends in this ever-evolving field?

    Indian lawyers specializing in international dispute resolution often face challenges like limited opportunities for global exposure and the need for in-depth understanding of foreign legal systems. Indian universities have very less focus on international laws and not everyone can afford to study abroad. When I was in college, I had no idea of the New York Convention or International Settlement of Investment Disputes. All this was introduced to me only when I started working and when I did my research on the international dispute resolution while deciding to go for an LL.M.  My advice to all young lawyers looking forward to a career in international dispute resolution is to seek internships with firms involved in international arbitration, build a robust network, and pursue certifications in international law. Attending various webinars and reading about development in international laws can also help a lot in your personal and professional growth.

    With a career that blends legal practice and involvement in high-profile legal matters, how do you balance professional responsibilities with personal growth? What keeps you motivated to excel in such a demanding and fast-paced field?

    Balancing professional responsibilities with personal growth requires disciplined time management and prioritization. I dedicate time to self-reflection and continuous learning through reading and networking. One should always know where to draw a line and should not raise any false expectations which may become a hurdle in your professional growth. What keeps me motivated is the knowledge that my work contributes to shaping fair and just outcomes, alongside the intellectual challenges and dynamic nature of the legal field. Even after a little more than 9 years of experience, I still learn something new everyday and my mind gets more curious to know about other facets of law and I think this is one of the best things of our profession.

    Get in touch with Shivam Chanana –

  • “There is no fixed formula and everyone may face their own challenges, however, hard work, perseverance and consistency are some of the key ingredients for everyone to succeed in the legal profession.” – Rohit Jolly, Partner at Hammurabi & Solomon Partners.

    “There is no fixed formula and everyone may face their own challenges, however, hard work, perseverance and consistency are some of the key ingredients for everyone to succeed in the legal profession.” – Rohit Jolly, Partner at Hammurabi & Solomon Partners.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With over a decade of experience across various areas of law, did you always see yourself pursuing a legal career, or were there specific events or influences that led you to choose this profession?

    I grew up in a family of lawyers and therefore, law seemed to be the automatic choice of profession to me from a young age. I was often privy to legal discussions at home, which involved interesting yet complex propositions which too ignited my interest in the field of law. Lastly, at a personal level, I find this profession fulfilling, as it involves helping people navigate difficult and challenging situations.

    Beginning your career as an associate at a law firm, what were some of the formative experiences that shaped your understanding of the law and sparked your interest in the field?

    In law school, we were taught the theoretical foundations of law, but when you enter the profession, you begin to understand how theory translates into real-world legal practice. As an associate at a law firm, I was exposed to the importance and intricacies of drafting and the practice of putting in all your effort for every brief in an attempt to achieve the perfect solution for the client. Law firms also provide you the exposure of working with the big clients and senior counsels on high stake matters right from a young age and teach you the art of dealing with pressure and deadlines. When the stakes are high, you automatically take more responsibility on the brief.

    Personally, apart from gaining the confidence to work under pressure and to meet the harshest deadlines, I learnt the importance of effective communication and attention to detail from the law firms that I worked with. Working closely under such great mentors, Mr. Mahesh Agarwal & Mr. Vijay Sondhi in my formative years and now with Ms. Shweta Bharti has offered invaluable learning opportunities as they provided insight into how they approach cases, their reasoning behind legal strategies, and showed how to think out of the box while navigating through complex legal issues. Their mentorship further ignited a passion for the intellectual rigor of law and gave confidence to tackle complex issues.

    Reflecting on your time as an Independent Litigation Counsel, can you highlight a pivotal learning moment or turning point that significantly influenced your approach to legal practice?

    After working in law firms for almost 9 years, the experience I gained working independently was completely different. Initially, it was quite tough as the nature and type of work that comes to you as in independent counsel is very different from the kind of work you are used to in a law firm. Further, in a law firm, you have a lot of support staff while as an independent counsel, even most of the clerical work is your responsibility. 

    Apart from learning the approach to working on a diverse range of matters, the most pivotal experience I learnt from independent practice was the ability to take complete ownership of the brief from managing client expectations to drafting, filing, getting the matter listed, arguing etc. 

    Coming to the turning point that significantly influenced my approach to legal practice, I learnt that eventually, what matters is the client’s ultimate goal. What we need to work towards is to give the client a practical and feasible solution to its problem, most times, the client is not looking to win a case or set a precedent. Therefore, the art is to achieve the client’s goal and it may not be relevant if you win or lose a case.

    In your representation of clients in the 2G spectrum case and matters related to the Prevention of Money Laundering Act (PMLA), what were the most challenging aspects, and how did you navigate those challenges?

    These cases involve complex legal issues that can be very challenging for any legal professional. These cases require an understanding of both substantive law and procedural nuances, as well as the ability to navigate intricate factual situations and government policies. Further, the intense public scrutiny in the 2G spectrum case created additional pressure on the lawyers. Hence, maintaining a clear communication with clients and stakeholders about the legal strategy, while also working closely with senior counsels to ensure these cases are handled effectively was a challenging task. Therefore, these cases reinforced the importance of attention to detail, strategic thinking, and a multidisciplinary approach to legal practice.

    What are the key legal obstacles that real estate companies face in consumer disputes, and how do you manage litigation across various forums such as the NCDRC and RERA?

    The Indian real estate sector operates within an intricate regulatory landscape that is fraught with inherent difficulties and delays. As seen first-hand, many times frivolous complaints are filed by such unscrupulous persons who are cognizant of these difficulties and delays and exploit them by alleging deficiencies in service, often citing delay in delivery of possession to exert undue pressure on developers and compel them to grant concessions or monetary compensation. As such, vindicating developers by demonstrating how delay in delivery of possession was beyond the control of the developer becomes the key obstacle. 

    To manage the litigation across diverse forums, the use of proper planning, proper use of technology, case management, and data storage play an important role. I have mentored my team to ensure that they possess the requisite skills to effectively represent clients before different forums and actively encourage my associates to appear in proceedings. Finally, I also try to formulize a proactive plan by maintaining daily and weekly schedules for task prioritization and time allocation for all court appearances so that the work is streamlined.

    In your current role, could you elaborate on your involvement in advising a multinational technology company on the implementation of data privacy laws within its Indian entities? What were the primary legal challenges in ensuring compliance with India’s data privacy regulations, particularly the Personal Data Protection Bill (PDPB)?

    The Digital Personal Data Protection Act, 2023 has cross-sectoral applicability and enjoys primacy over sectoral regulations in the event of any conflict. As such, to advise the company it was vital to identify whether the different types of data processed by the company qualify as “digital personal data” under the Act, the internal flow of such data within the company, and evaluate the data storage technology used by the company in order to design consent mechanisms, data principal right mechanisms, data breach mechanisms, and define data retention periods for different categories of data. 

    A significant challenge encountered during this engagement revolved around the provisions governing cross-border data transfers. As a multinational technology company, the seamless flow of data across international borders is critical for service delivery. Restrictions or prior approvals imposed on data transfers to specific jurisdictions can significantly impede operational efficiency. Furthermore, drafting a unified compliance framework that harmonizes the Act with international regulations such as the GDPR presented a considerable challenge, since varying data processing and security standards across jurisdictions can create conflicts and necessitate careful management to avoid non-compliance. 

    High-stakes cases must be incredibly demanding. How do you maintain a work-life balance, especially during intense periods of work and tight deadlines?

    As a lawyer, there cannot be a straightforward answer to this. This profession is very challenging, where you must burn the midnight oil and work on most of your weekends and sometimes you will feel there is no work-life balance. However, the key to managing this is setting clear priorities—both in terms of work tasks and personal time. I try and evaluate tasks based on urgency and importance, making sure I allocate time for essential activities while also recognizing when to delegate certain responsibilities. Secondly, effective collaboration with my team allows me to focus on high-priority tasks while ensuring that the workload is evenly distributed. Lastly, to maintain my mental sanity and make sure there is no burnout, I try and travel even if it is for a weekend to refuel and reenergize myself.

    What advice would you offer to young lawyers aiming to specialize in dispute resolution, particularly in areas like white-collar crime, commercial, and real estate disputes? Additionally, what resources do you rely on to stay informed about emerging legal trends?

    First of all, I still think I am a young lawyer. Having said that, I would strongly advise my younger colleagues to master legal research databases, practice drafting pleadings with precision and clarity, cultivate excellent communication and interpersonal skills, understand the intersection of law with finance and accounting since it is crucial for complex commercial disputes such as white-collar crimes, observe seasoned litigators in court to learn from their strategies and courtroom demeanour, participate in conferences and seminars to network with other professionals, and cultivate a strong work ethic to manage multiple tasks effectively.  There is no fixed formula and everyone may face their own challenges, however, hard work, perseverance and consistency are some of the key ingredients for everyone to succeed in this profession. 

    In order to stay informed about emerging legal trends, I rely on legal journals, real estate journals, corporate magazines, online news portals, and participate in continued legal education programs by professional organizations where I have memberships. 

    Get in touch with Rohit Jolly –

  • “Law as a profession is highly demanding and if one learns to train their minds and control their desires in the nascent stages of their careers, the journey becomes much easier.” – Randeep Sachdeva, Partner at Verbis Legal LLP.

    “Law as a profession is highly demanding and if one learns to train their minds and control their desires in the nascent stages of their careers, the journey becomes much easier.” – Randeep Sachdeva, Partner at Verbis Legal LLP.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    As someone without a legal background, what inspired you to pursue a career in law? Was there a specific event or experience that influenced your decision to enter this profession?

    Although I didn’t initially have a legal background, my journey into law was driven by a deep desire to create a meaningful change. One defining moment for me was witnessing how many individuals and businesses face barriers in accessing effective legal support. That realization made me see the legal profession not just as a set of rules and procedures but as a vital tool for problem-solving and advocacy.

    • What also drew me to law was its ability to shape systems and create fairness. I’ve always been passionate about finding solutions to complex challenges, and I saw law as a way to channel that passion into tangible outcomes. It’s a field where you can truly combine intellect with empathy—strategizing to solve problems while making a positive impact on people’s lives.
    • This inspiration eventually led to the creation of my own law firm, Verbis Legal LLP. Founding Verbis Legal at the peak of COVID was not just about starting a business—it was about creating a space where legal services are not only accessible but also deeply personalized. My goal has always been to provide clients with clarity and confidence, especially when they are navigating difficult or uncertain circumstances.
    • What excites me most about this profession is how it constantly challenges you to think critically, adapt, and grow. Every client and case is unique, which means every day is an opportunity to learn something new and make a difference. Starting my own practice has been a deeply rewarding journey, and it’s reinforced my belief that law is not just about cases; it’s about building trust, fostering relationships, and being a dependable advocate for those who need it most.

    In the early stages of your career, you likely encountered numerous challenges. What were some of the key lessons from that period that helped shape your professional growth?

    Honestly, I was lucky enough to have good mentors and have had the privilege to work with some of the finest names in our profession. But just at the top of my head would be that I was not used to spending hours and sometimes even nights on one brief. I would say that Law as a profession is highly demanding and if one learns to train their minds and control their desires in the nascent stages of their careers, the journey becomes much easier.

    After working with several lawyers and law firms over the years, what motivated you to establish your own practice? What initial hurdles did you face, and how did you overcome them?

    After working with several lawyers and law firms over the years, I realized that while each experience enriched my understanding of the legal profession, there were aspects I wanted to approach differently. Establishing my own practice, Verbis Legal LLP, was driven by a vision to create a firm that prioritizes personalized client relationships, streamlined processes, and innovative problem-solving. I wanted to build a space where clients feel heard, empowered, and confident in the legal support they receive.

    • The decision to start my own firm was not without its challenges. One of the initial hurdles I faced was transitioning from a structured, established environment to building everything from the ground up. From defining the firm’s mission and values to managing operational details like compliance, staffing, and client acquisition—it was a steep learning curve. Additionally, stepping into an entrepreneurial role required me to balance legal expertise with business acumen, which was a new but rewarding challenge.
    • To overcome these hurdles, I focused on three key strategies. First, I leaned on the network I had built over the years, seeking mentorship and guidance from experienced professionals. Second, I invested in understanding the business side of running a law firm, from financial management to leveraging technology to improve client services. Lastly, I stayed committed to the principles that motivated me—providing accessible, efficient, and empathetic legal solutions—which served as my compass during difficult times.
    • Establishing Verbis Legal LLP has been one of the most fulfilling journeys of my career. It has allowed me to create a practice that aligns with my values while offering clients the kind of personalized, results-driven support that I believe makes a lasting difference.

    In your role as an Empaneled Advocate at the Supreme Court, you have represented various cases before the Constitution Bench. Could you share an especially interesting case and describe your approach to handling it?

    • While I was working with Additional Solicitor General of India, Mr. Jayant K. Sud, I assisted him on a very important constitutional bench issue which was “Whether the Demand can be proved through circumstantial evidence in the absence of direct evidence under the Prevention of Corruption Act, 1988?”. This case had a huge impact on all the trials under the Prevention of Corruption Act in our country. I recollect assisting Mr. Sud at this point in time, and his meticulous approach and the hours he put in on the brief was extremely inspirational.
    • I believe working and assisting the lead counsels on various Constitution Bench cases was a one of a kind experience, and honestly the experience of a lifetime which I can say was a privilege which I got to experience. The learning and experience that I gained from such cases was invaluable.
    • Another case I had the privilege of working was the case of N.N. Global III where a Seven Judge bench of the Hon’ble Supreme Court was debating a very interesting question of law. It involved very basic but yet unresolved technicalities of Arbitration Law in India.
    • I also got a very rare opportunity to assist the lead counsel in a Nine Judge Constitutional bench in the matter of State of Uttar Pradesh v Lalta Prasad Vaish, this is a very distinct opportunity which not all lawyers get so in a way I would consider myself extremely lucky. This case settled a significant question of Federal structure of power sharing that the Indian Constitution entails.
    • Working on all these cases was a great opportunity and a huge learning curve for me. Learning from the best counsels and senior counsels in India and being part of these historic landmarks in the Indian legal system has been a proud moment for me.

    In a high-profile case where you represented the Union of India, how did you contribute to the creation of the new protocols for managing motor accident claims? What key changes were introduced, and how do they enhance the efficiency?

    So, Bajaj Allianz General Insurance filed a petition before the Hon’ble Supreme Court of India seeking the streamlining of the process of Claims before Motor Accident Claim Tribunals all over the country. Bajaj Allianz General Insurance Co. Ltd. Vs. Union of India & Ors., [W.P. (C) No. 534 of 2020]. At this point I was assisting Mr. Jayant K. Sud who was the Additional Solicitor General of India at the Hon’ble Supreme Court of India.

    To give a gist, the key reforms that the came to light because of the said petition were:

    • Digitalization of Processes: Introducing a centralized, digital platform for filing and processing motor accident claims through a mobile application, which the Central Government is about to introduce to streamline procedures, reduce delays, and ensure transparency.
    • Direct Payment Mechanisms: In case of motor accident claims, the victims are often made to run pillars to post for getting compensation. However, the Supreme Court directed implementing systems for direct payment of compensation to claimants via insurers, minimizing delays caused by bureaucratic or legal processes.
    • Establishment of a Motor Accident Mediation Authority (MAMA): Setting up a mediation body to facilitate faster resolution of disputes through alternative dispute resolution (ADR) methods before matters proceed to MACT.
    • Fixation of Standardized Compensation: Creating a framework for uniform compensation calculations, reducing subjectivity and litigation over quantum disputes.
    • Improved Coordination Among Stakeholders: Strengthening coordination between insurers, law enforcement, and healthcare providers to ensure timely access to accident reports, medical records, and other critical information.
    • Reduction in Pendency of Cases: Specific measures to address the backlog of pending motor accident cases in MACTs through enhanced case management and procedural reforms.
    • Introduction of a Mobile Appellant by the parent body of all Insurance Companies, i.e. GIC which was a one stop shop for all stakeholders be it the Local Police, the Insurance Company, the Claimant or anyone else.

    What is one core practice you consistently follow when preparing for a case? What resources do you rely on, and how do you stay informed about the latest developments in law?

    One core practice I consistently follow when preparing for a case is meticulous research and strategic planning. I believe that understanding every nuance of a case—whether it’s the facts, applicable laws, or the client’s objectives—is critical to building a strong foundation. My approach involves breaking down the case into its key components, identifying potential challenges, and crafting a strategy that addresses both the immediate and long-term implications. There are times when you need to become the devils advocate to anticipate the questions you may receive from the Bench or things you may need to be prepared for in court.

    • I rely heavily on a combination of resources to ensure thorough preparation. Legal research platforms like SCC, Livelaw and Bar and Bench are indispensable for accessing statutes, case laws, and precedents. In regards to staying informed about the latest developments in law, I honestly would want to give credit to my colleague Dhruv who actually showed me the ropes when I joined this profession, and it was him who got me into the habit of reading 5 new case laws every week, so that made a huge a difference eventually. 
    • There are times when I also prioritize direct engagement with clients to gather context and insights that may not always be apparent from the documentation. This helps me align the legal strategy with their unique goals and circumstances.
    • Ultimately, preparation for me is about blending research with foresight. It’s not just about knowing the law but about anticipating how it will apply in the specific context of the case. This disciplined approach ensures that I’m always ready to advocate effectively and deliver the best possible outcomes for my clients.

    What advice would you give to young, aspiring lawyers who aim to follow a career path similar to yours and achieve success in the legal field?

    • If I look back at my journey in the field, I have worked with a lot of young, aspiring lawyers or for that fact even interns. From my observations and experience I have always advised my fellow colleagues to cultivate resilience. A career in law can be demanding, with long hours and tough challenges. It’s important to develop the ability to learn from setbacks and keep your perspective intact. Success in this field is a marathon, not a sprint, and your perseverance will be as important as your skills.
    • Secondly, an aspiring lawyers must remain endlessly curious not just about the law but about your clients, their industries, and the broader world. A deep understanding of your clients’ needs and the context in which they operate is what sets great lawyers apart. 
    • Last and most importantly I would say young lawyers must invest in relationships. The legal profession is built on trust, collaboration, and mentorship. Seek out mentors who can guide you, colleagues who can inspire you, and clients with whom you can build long-term partnerships. Equally, be generous with your time and support for others; relationships are a two-way street. 

    Balancing a demanding legal career while managing your own firm requires a significant amount of responsibility. How do you maintain a balance between your professional obligations and personal life, and what strategies do you use to achieve that balance?

    • It is certainly a challenging process, but I’ve learned that it’s less about achieving a perfect balance and more about being intentional with your time and priorities. For me, it starts with understanding that there will be seasons—sometimes when work demands more of me and others where I can lean more into my personal life. For me the key is making sure neither is neglected for too long.
    • One of the major principles that I rely on is maintaining clear boundaries. I’ve learned to be present in whatever I’m doing—whether that’s a client meeting or dinner with my family. I make an effort to avoid letting work bleed into personal time unnecessarily. Technology is a double-edged sword, but I use it to my advantage by setting specific times to check emails and stepping away when I need to recharge.
    • Another key is delegation and trust. As much as I want to be hands-on, I’ve learned to rely on my team. Empowering others not only helps me manage my workload but also creates opportunities for them to grow. My team Dhruv, Vedant and Shivaang deserve all the credit in the world for helping me achieve what I have and for making sure to take on all the pressure so I get to spend that time with my family.
    • Ultimately, balance is about being honest with yourself about what’s most important in the moment and giving yourself permission to adapt. It’s a constant work in progress, but the rewards are worth it.

    Get in touch with Randeep Sachdeva –

  • “Staying abreast of evolving legal precedents and regulatory trends is critical, as courts and policymakers continue to shape this dynamic field.” – Anushree Rauta, Equity Partner (Head of Media & Entertainment practice) at ANM Global.

    “Staying abreast of evolving legal precedents and regulatory trends is critical, as courts and policymakers continue to shape this dynamic field.” – Anushree Rauta, Equity Partner (Head of Media & Entertainment practice) at ANM Global.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Given your career spanning over a decade, did you initially view law as a predetermined path for you, or were there specific factors that influenced your decision to pursue it?

    Growing up on the campus of Pune University, I was surrounded by an unspoken expectation to pursue a conventional career in science. I followed the script, diving into science during my 12th grade, with engineering or medicine as my presumed destinations. But somewhere along the way, I realized the script wasn’t written for me (largely thanks to a rocky relationship with Mathematics).

    The turning point came when my mother, who has dedicated her life to social and environmental causes through her NGO, National Women’s Organization, suggested I meet the iconic environmental advocate Shri. M.C. Mehta. His passion for using law as a tool for change sparked an idea that law could be a path to make a meaningful impact, an idea that had not even crossed my mind before. Encouraged by my mother, I applied to ILS Law College in Pune, more as an experiment than a commitment.

    What unfolded was far beyond what I had anticipated. Law, as I discovered, wasn’t just a career, it was a way of thinking, a discipline that pushed me to question, analyze, and create solutions. While I initially leaned toward environmental law, an introduction to Intellectual Property Rights during my 3rd year in college shifted my focus entirely. I found myself captivated by the intricacies of IP law, and as media and entertainment law emerged as a distinct field, it felt like an organic extension of my interests.

    In retrospect, my journey into law wasn’t about finding a career, it was about discovering a passion I didn’t know I had. What began as a casual detour became the foundation of a profession that allows me to blend creativity with structure and create impact in ways I hadn’t imagined. It’s proof that sometimes, the paths we don’t plan for lead to the most fulfilling destinations.

    You began your career at an established Media & Entertainment law firm in India. Could you share how your initial experiences shaped your understanding of the intricacies of this specialized field of law, and how did your role evolve your understanding and experience?

    Law school gave me a solid foundation in the theoretical aspects of Intellectual Property Rights, but it was not until I stepped into the real world that I began to truly understand the nuanced and dynamic nature of Media & Entertainment law. My early years were nothing short of transformative. I had the opportunity to be involved in pathbreaking litigations, which tested my ability to apply theory to complex, real-world scenarios.

    One of the defining experiences was being part of policy-level discussions surrounding the landmark Copyright Amendment Bill introduced in 2010, coincidentally the year I graduated. These discussions offered a rare glimpse into how laws are shaped, debated, and implemented, a perspective few young lawyers get to witness so early in their careers.

    I also worked on a variety of transactions, from structuring film projects, complex agreements, to drafting opinions, conducting due diligence, and crafting advisory notes. Each assignment added a new layer of understanding and taught me to navigate the intersection of creativity, business, and compliance that defines this field.

    I remain grateful for the early exposure I received to the many facets of Media & Entertainment law, which set the foundation for my practice today.

    You played a pivotal role in the landmark statutory licensing case on radio royalties. Could you share your experience of being part of such a significant decision, and your thoughts on the abolishment of the IPAB and its implications for the resolution of IP matters in commercial courts?

    Representing Tips Industries Limited and international organizations like SESAC (USA) and SUISA (Switzerland) during the radio statutory licensing matter before the IPAB was an incredible professional milestone. The case, conducted entirely via video conferencing amidst the pandemic, spanned over a month-long virtual hearing and culminated on December 31, 2020. This high-stakes, time-bound hearing saw 10 radio broadcasters seeking statutory licenses to fix royalties for sound recordings broadcast through radio.

    The IPAB’s decision was groundbreaking, overhauling the prevailing royalty model and establishing new precedents that reshaped the calculation of radio royalties across India. It was an unparalleled learning experience to witness and contribute to such a transformative legal development.

    However, the abolishment of the IPAB has disrupted the framework of statutory licensing and several other matters, which was designed to be a time-bound process. With IP matters now before overburdened commercial courts, delays have become the norm, undermining the efficiency and predictability that statutory licensing aimed to ensure. 

    In the “Trial by Fire” case, you successfully defended Endemol India in a lawsuit involving defamation and privacy claims. Could you describe the key legal arguments you made to prevent the release of the web series from being delayed or obstructed?

    In the “Trial by Fire” case, where our firm successfully defended Endemol India against defamation and privacy claims brought by Sushil Ansal, the primary legal arguments revolved around balancing the plaintiff’s rights with the defendant’s right to free speech and expression enshrined under Article 19(1)(a) of the Indian Constitution. The court was persuaded by the following key arguments:

    Public Domain Information: The web series was inspired by a book published in 2016, which was based on public records and widely circulated events related to the Uphaar tragedy. The plaintiff had not sought any injunctive relief against the book for several years, demonstrating acquiescence and diminishing the basis for an urgent injunction against the series.

    Freedom of Expression and Public Interest: The series reflected the experiences and perceptions of the victims’ families, who have the right to narrate their anguish and systemic failures. The court recognized that preventing its release would stifle public debate and discussion about a tragedy that had been in the public domain for over 25 years.

    High Threshold for Pre-Publication Injunctions: The court reiterated the principle that pre-publication injunctions are granted only in exceptional circumstances. The plaintiff failed to demonstrate that the series was manifestly defamatory or malicious. The disclaimer in the series, clarifying it as a fictionalized account inspired by true events, further bolstered the defense.

    Delay and Lack of Good Faith: The plaintiff approached the court at the last minute, despite the series’ production being publicized years earlier. This lack of prompt action undermined the claim for equitable relief.

    These arguments collectively established that the plaintiff’s apprehensions of reputational harm did not outweigh the broader public interest in ensuring free expression and access to information on matters of significant public concern.

    Content regulation for OTT platforms is a rapidly evolving area of law. What are some of the most pressing legal challenges that OTT platforms face today, and how do you guide your clients through these regulatory issues?

    Content regulation for OTT platforms is a rapidly evolving area of law, where platforms face a delicate balancing act between creative freedom and regulatory compliance. The IT Rules, 2021, play a significant role in shaping this landscape, emphasizing a three-tier grievance redressal mechanism and requiring platforms to adopt self-regulatory measures for content classification and viewer discretion. The importance of self-regulation cannot be overstated, as it empowers platforms to address potential concerns while avoiding excessive external interference. However, challenges such as defamation, obscenity claims, claims in relation to hurting religious sentiments or claims due to other socio-political sensitivities and the need to navigate jurisdictional complexities across borders add layers of complexity. In guiding clients, we prioritize setting up robust compliance mechanisms, pro-active script vetting during development stage/ content vetting during production and aligning with industry standards to mitigate risks. Staying abreast of evolving legal precedents and regulatory trends is critical, as courts and policymakers continue to shape this dynamic field. Our focus remains on helping clients adapt to these changes while safeguarding their creative integrity and commercial objectives.

    Your work as a trustee for the National Women’s Organization and your involvement in the Save Ganga Movement showcase your commitment to social causes. How do you balance these responsibilities with your demanding legal career?

    Balancing a demanding legal career with social responsibilities is undoubtedly challenging, but I believe it’s a matter of purpose and priorities. My work as a trustee for the National Women’s Organization and my involvement in the Save Ganga Movement stem from a deep conviction that we all have a duty to give back to society. While my legal career demands significant time and focus, these causes remind me of the broader impact we can have beyond our professional lives. I approach this balance by integrating my passion for social change into my daily life, leveraging my legal expertise to contribute meaningfully to these initiatives. It’s not about managing time as much as aligning values, when you believe in the importance of giving back, you find the energy and commitment to make it happen. Ultimately, the fulfillment I derive from these efforts enriches my professional work, creating a symbiotic relationship between the two.

    You founded IPRMENTLAW, which aims at spreading legal awareness relating to the changing dynamics in the IPR and Media and Entertainment field. What inspired you to create this knowledge-sharing platform, and what impact has it had on the legal community?

    Knowledge sharing is a value I hold very close to my heart, and it was the driving force behind the creation of IPRMENTLAW. When I started practicing in the intellectual property and media and entertainment fields, I noticed a significant gap- there wasn’t a dedicated, open-access forum for updates, insights, and discussions specific to these areas. I wanted to bridge that gap and create a platform where legal knowledge could be shared freely and accessibly, not just within the legal fraternity but also with creators, businesses, and students who engage with these fields.

    IPRMENTLAW was conceived as a blog to foster dialogue and keep critical issues alive through debate and discussion, similar to the impact platforms like Spicy IP have had. Over the years, I’ve been fortunate to have a group of young lawyers join me in contributing to the platform, bringing fresh perspectives and enthusiasm to the initiative. Together, we’ve built a resource that has become a go-to space for updates, opinions, and legal developments in IP and media law.

    The impact has been humbling. It has sparked meaningful discussions within the legal community, encouraged critical thinking, and provided practical insights for practitioners and stakeholders and most importantly inculcated a habit of staying updated and informed about the latest legal happenings in the realm of IP, media and entertainment laws. By making it a non-profit open-access platform, we’ve ensured that knowledge isn’t confined to a select few but is available to anyone seeking to learn and engage. For me, this initiative is more than a professional endeavor, it’s a small step towards democratizing legal knowledge and fostering a culture of informed dialogue.

    With your extensive background and experience, what advice would you offer to budding lawyers who wish to have a successful career in IPR and Media and Entertainment Industry?

    My advice to budding lawyers aiming for a successful career in IPR and the Media and Entertainment industry boils down to one key principle: there is no substitute for hard work. In a field as dynamic as law, particularly in niche areas like IPR and media, the hustle and hunger to learn must never stop. While every generation benefits from advancements in technology that make knowledge more accessible and work more efficient, success in the legal profession still requires steadfast commitment and effort.

    A common observation about Gen Z is their inclination towards balancing priorities, which is undoubtedly important. However, it is crucial to remember that prioritizing knowledge and consistently honing your craft is non-negotiable in this field. Opportunities in law are not handed out, they are earned through diligence, resilience, and an insatiable curiosity to learn. The legal profession demands 100% dedication, irrespective of how sophisticated technology becomes to aid you.

    For budding lawyers, I would emphasize focusing on gaining knowledge and building expertise. Read voraciously, stay updated on developments in your area of law, and don’t shy away from putting in long hours when needed. The money, recognition, and work-life balance you aspire for will follow once you’ve laid a strong foundation through your hard work. This profession rewards those who are relentless in their pursuit of excellence, and if you bring that mindset, success will inevitably come your way.

    Managing a demanding legal career can be challenging. How do you balance your professional responsibilities with personal life, and what strategies do you employ to maintain that balance?

    When you truly love what you do, work never feels like a burden. I consider myself to be blessed to engage in work that I’m incredibly excited about making every day of my life even if it’s difficult, quite worthwhile. But in the same manner, I do think it is important to make sure you set aside time for yourself in your personal life. Balance isn’t about giving equal time to everything; it’s about prioritizing what matters most in each moment. I try to set boundaries where possible and carve out moments for myself, whether it’s through travel, or just downtime to recharge. It’s also important to acknowledge that there will be times when work takes precedence, and that’s okay, as long as one tries to balance the focus and does not forget the aspects of their life that are personal.

    Get in touch with Anushree Rauta –

  • “Law does not operate in a vacuum and spreads across different spectrums. The ability to earnestly apply the flexible nature of law to the proposition requiring resolution can be developed through awareness of the entire spectrum.” – Sidhant Kapoor, Legal Director at CSL Chambers.

    “Law does not operate in a vacuum and spreads across different spectrums. The ability to earnestly apply the flexible nature of law to the proposition requiring resolution can be developed through awareness of the entire spectrum.” – Sidhant Kapoor, Legal Director at CSL Chambers.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Not being from a legal background, what motivated you to pursue a career in law? Was there a particular factor or experience that led you to this profession?

    Entering the sphere of law was a culmination of several reasons and some factors which did influence my ultimate decision. The reasons influenced my decision by chance but the factors influenced my decision by choice.

    The reasons of chance, which I mentioned above, were instrumental in aiding my decision. This was a prolonged litigation involving a close relative’s property, which dispute had been on-going for over 20 years. This was rather paradoxical for me, since, in my formative years, the elusiveness and unpredictability associated with the field dissuaded me from even considering it. Perhaps, the age old adage “tareek pe tareek” was not inspiring for a young school boy.

    But my interactions with a school senior, who was at the time pursuing law and a third generation lawyer, somewhat redirected my focus to discern the importance of applicability of law to societal intrigues especially in the Indian landscape. “Tareek pe tareek” has a much deeper connotation in a legal system like ours, where justice is dispensed on the principles of equity, good conscience and after affording sufficient opportunity of hearing.

    Additionally, I may highlight the factor which enabled me to exercise my choice for pursuing this field. I completed my high school education at the Sanskriti School, New Delhi. Sanskriti is a civil services school and the predominant student pool belonged to the services background. Naturally, growing up there was an innate sense of contributing to the society by pursuing a profession having elements of public discourse and service. The first choice was to pursue the administrative/police services which involved studying various subjects including law.

    As time progressed and my understanding developed, I sensed a natural affinity towards the field of law, both in terms of an academic disposition as well as the practical nuances. This etched my curiosity further and although I had the option to enrol myself for a bachelor’s in political science degree at a prestigious college under the Delhi University, I decided to take the plunge. The relevance of law to shape the Indian democracy, whether in terms of administration, economy and society and my enthusiasm for contributing to the public in aggregate could be an arguably strong reason in retrospect.

    I also keep a healthy regard for acting and used to think to myself whether I could pursue the profession of acting. Being a lawyer however, helps in putting up a sincere act. 

    Having spent nearly a decade with the same organization and being a first-generation lawyer, what were some of the key learning experiences early in your career that helped shape your understanding of the law and have had a lasting impact on your professional journey?

    The inter-play of law with every facet of life must be understood in its right context in order to garner a profound interest for the field. I believe, the yearning to acquire knowledge about diverse subject matters, businesses, industries, and economies broadens perspective and assists in hyperlinking and interlinking bringing conceptual clarity. Law does not operate in a vacuum and spreads across different spectrums. The ability to earnestly apply the flexible nature of law to the proposition requiring resolution can be developed through awareness of the entire spectrum.

    I have always taken discipline very seriously and have come to realize that discipline as an attribute takes precedence over everything else if one endeavours to meaningfully contribute to the profession. Overall discipline is a practice and must be consciously cultivated till it becomes a way of life. I lay emphasis on discipline since the profession can be daunting at any stage of one’s professional journey if the foundational structure is frail and that is bound to happen in the absence of discipline. While I can credit myself for being disciplined from the inception of my professional journey, I must express gratitude to the Seniors whom I have worked with/assisted in channelizing the discipline for shaping me into the professional I am today.

    Doctrine of precedents is a fundamental principle of judicial decision making in India. Therefore, assisting the Court through precedents applicable to the factual matrix is an extremely integral skill in Advocacy.  The manner of reading a judgment and sifting through it to examine what constitutes the ratio decidendi of the case and what is obiter may sound elementary, but it is often overlooked for being so elementary.

    I have been privileged to receive guidance from all the Senior Counsels I have briefed and the Senior Partner (Mr. Sumeet Lall), I was and am currently working with on the various aspects of advocacy. Every sentence in a judgment, pleading and document must be carefully examined, orbitally analysed and tactfully applied within the acceptable framework of the statute in question. Every word carries weightage and it can be overlooked not at your peril but at the peril of the party you may be representing. Training in Insurance law taught me that even a punctuation must be heeded to, since it can alter coverage of an insurance claim for an insured and deny it indemnity. 

    Illustratively, some invaluable teachings which I have imbibed from Senior Counsels and my mentor in the profession are fairness while assisting the Courts, mastering the facts so that research of the laws and precedents is expansive and detailed, articulating submissions in an uncomplicated manner while balancing the in-depth research, measured pleadings without any casual averments and a penchant for finding novel propositions supported by research and provisions which could aid in overall development of the law.

    What led to your decision to remain with CSL Chambers, despite the opportunity to pursue an LLM at prestigious universities abroad? How do you believe this decision has influenced your career path?

    My admission to various universities for an LLM in the field of dispute resolution/arbitration was in the year 2020/2021. Incidentally, this was during the onset of COVID-19. It created an extremely complicated situation for me and reminded me of the book, the Road Less Travelled. The uncertainty of pursuing higher education in a different country across the world during a global pandemic and the complexities associated with staying back at CSL Chambers, where I had planned my transition for over 6 months was unsettling.

    I was in the 4/5th year of my practice and the time was ripe to pursue an advanced academic disposition with an aim to immerse myself in examining cross-border issues through a specialized masters’ program. The decision was a well thought out one since I had spent considerable time and focus on a particular field of law i.e. dispute resolution/arbitration. The uniquely structured courses, the quality of education, integration with academicians and foreign practitioners are some of the illustrative reasons which formed my belief to pursue an LLM. Knowledge is liberation and thus, higher education would have contributed significantly to my professional journey.

    Sunlight is the best disinfectant. I decided to confide in the Firm’s Managing Partner about this quandary I was facing. I was cognizant of receiving advice having a negative bias against proceeding for an LLM since a familiar resource of the Firm should be retained. However, I received extremely dispassionate and neutral advice which brought clarity for me to pursue the graver challenge. It was a question of whether pursuing the LLM at that juncture would significantly contribute to my professional journey or could I cultivate my on-going professional journey to make an impact greater than I would, had I pursued an LLM, since ultimately I would come back and pursue my practice in dispute resolution.

    I decided to defer my admission to all the Universities and some even obliged by granting a year to year deferment. COVID-19 brought with itself myriad challenges to businesses, economies, personal and professional lives. Strictly from a professional standpoint, I viewed it as an opportunity to make meaningful contributions towards the Firm’s growth story and service Client needs. As an example, I started writing articles on vexed issues related to COVID-19, which ranged from issues of force majeure, impact on commodities trading covered by trade credit insurance and business interruption claims under insurance to name a few.  These articles attained relevance for individuals/corporates operating in different spheres, which led to significant support being rendered by the Firm on their legal requirements.

    The pandemic years had an adverse impact on the litigation landscape, although there was a rise in the number of cases. Policies of work from home, transitioning into virtual systems and the innate sense of conservation of resources led to challenges of remaining relevant in the field as well as sustaining practices. Navigating some of these challenges with the Firm during the pandemic helped me develop a sense of responsibility, leadership and an ability to craft legal solutions in innovative ways. Perhaps, an LLM would have aided my understanding on an academic level, but to assist with steering the Firm and its Clients and assisting Courts respectively during this period has matured my appetite to understand the finer prints and operation of various laws. 

    The decision to stay back with the Firm has been enriching both in terms of personal growth and professional advancement. Given the circumstances over the 4 years from the on-set of the pandemic, I have been able to meaningfully contribute to the development of law while augmenting my knowledge through learnings at the bar while assisting Senior Counsels, continuously researching on legal propositions and making an endeavour to seamlessly assist Courts. In fact, staying back helped me find my passion in assisting Courts as counsel. Additionally, I have been privileged to be a part of some of the landmark decisions in the field of arbitration, insurance, insolvency and SARFAESI on novel points of law.

    You’re widely recognized for your work in the field of arbitration and insurance. Could you share your experience working on the landmark case GMR Energy Limited v Doosan Power Systems India Private Limited? What were the main issues, and how did you approach and strategize to resolve them?

    The Doosan decision passed by the Hon’ble Delhi High Court was a pathbreaking decision at the time in the year 2017. It involved intricate issues of law which were far from settled by any Court. Some of the issues which were decided by the Court were whether two Indian parties can be referred to arbitration outside India, joinder of non-signatory to an arbitration including the power of a Tribunal to join such non-signatory and the scope of Section 45 of the Arbitration Act.

    We successfully represented Doosan before the Delhi High Court as the parties were ultimately subjected to arbitration in Singapore. The decision of the Delhi High Court in Doosan has been subsequently upheld by the Supreme Court on various occasions while adjudicating similar issues and settling the law.

    Our arguments were led by Mr Nakul Dewan, whose approach to the case was inspiring to say the least, on all levels of advocacy and strategy.  This was a case which involved interpretation of laws of different jurisdictions, since there were no direct precedents in India which had examined or settled the propositions emerging in the facts of the case.

    Developments in the case took place rapidly and any step being taken by a party in one jurisdiction would have a bearing on the rights and contentions of the respective parties’ in the other jurisdiction. Time was extremely scarce as the hearings were taking place daily.  As someone with 2 years’ experience at the time and assisting with a case of that magnitude as the only junior from the Firm, I had to embrace my discomfort and lack of experience. One could feel lost in the initial years when everything is happening on a larger scale and the expectation is able assistance without fetters. Therefore, taking the next step in the supply chain is very important i.e. apply yourself and attempt to contribute to the best of your ability. Rely on the Seniors once you have diligently done your homework. An attempt at developing a submission/proposition even if it may not work is always welcomed by Seniors provided the background work has been sincerely carried out. I immersed myself completely in carrying out extensive research of legal principles, case laws, commentaries across jurisdictions and prepared notes with an endeavour that they could be relied upon for arguments. This would lead to enriching feedback from the counsel, where further propositions would emerge and those propositions would then advance our case. Here was a case where the law on the issues highlighted above was unsettled and thus, reference points and text in India was scarce. 

    Nevertheless, handling the case in terms of managing correspondence with the Tribunal in Singapore, drafting and filing pleadings overnight and assisting with day to day arguments ensuing before the Court with 2 years of practice, was an extremely enriching experience which provided innumerable lessons and learnings for life. The judgment of the Delhi High Court examined judgments from the US, Singapore and England in finally deciding the lis between the parties.

    What challenges have you encountered when advising clients on the enforcement of foreign arbitral awards in India, and how do you assist entities in overcoming these challenges?

    Over the years, the Indian Judiciary has taken pains to pass seminal judgments settling various issues arising in enforcement of New York Convention awards in India. While there are only 7-8 material provisions which govern the enforcement of foreign awards regime, it is a complex subject within itself with its own set of challenges for Clients and Courts. 

    An immediately identifiable issue is exercise of jurisdiction by the concerned Court in India while dealing with challenge to enforcement of foreign awards. This is often a moot question since the language dealing with jurisdiction of a Court under Part II leaves room for ambiguity, although judgments of different High Courts have expressed views to clarify the issue. CSL Chambers successfully represented a foreign award holder before the Hon’ble Delhi High Court where this issue of jurisdiction was raised by the judgment debtor and exhaustively settled by the Hon’ble Court.

    Another area in the realm of enforcement of foreign awards which is highly litigated is the issue of withholding tax on a foreign arbitral award once it is recognized as enforceable. I was fortunate enough to be a part of the judgment passed by the Hon’ble Delhi High Court which settled the issue holding that once a claim merges into a decree of the Court, it transcends into a judgment debt, the decree should be executed according to its tenor and no deductions or adjustments are permissible except those permissible under the Code of Civil Procedure, 1908.

    The two broad issues have been highlighted above since these go to the very root of realizing the fruits of a foreign award. Therefore, the approach for resolving the issues needs to balance the internationally followed practices and customs as well as testing the legitimacy of challenges mounted to the enforcement of foreign awards within the narrow pigeon holes provided under the Arbitration Act.

    At the first blush, recent precedents could suggest that armed with a foreign award, a party is duty bound to succeed in its endeavour of enforcement. However, the statutory in-built safeguards to object to enforcement of foreign awards still posit novel issues and complexities which require extensive study of transnational text and foreign precedents which must be presented before the concerned Courts for further shaping the arbitration landscape of the country.

    It is difficult to summarize the nature of assistance to the Clients in helping them navigate challenges faced in enforcing foreign awards. However, as a suggestion, one must have regard to foreign commentaries, prevailing institutional rules, statutes and precedents for gaining perspective which can bolster seamless operation and development of the domestic law. Needless to state, foreign precedents can only aid in arriving at a decision where there is no existing domestic precedent but it is not the only tool to be considered as the Arbitration Act is a self contained code. This field is such that considering the novelty of propositions and untested propositions, lawyers must be always ready with proposed solutions through research to better assist the Courts when examining issues under part II of the Arbitration Act. Perhaps, that is how BALCO came to shape the arbitration landscape.

    What advice would you offer young lawyers who wish to specialize in arbitration and build a successful practice similar to yours?

    One must bear in mind that as lawyers, we are serving the interests of third parties and espousing the larger cause. There is significant trust reposed by Clients as well as the Courts in lawyers for aiding the process of justice dispensation. Naturally, the only way to honour this trust being reposed is to step up and take full responsibility with sincerity. There must be a sense of ownership for every task being performed and a transparent approach. One should always remain curious to learn and enhance their knowledge base, both practical and academic. Remaining abreast with the latest developments in law, case laws and activity in Courts must be inculcated in the daily routine till it becomes a subconscious habit.

    Your own comfort and ease come last, always and every time. The concept of work life balance may have diverse connotations. However, if one is passionate about and honest to the profession and willing to immerse themselves without regard to the self, then equanimity transcends the struggles associated with the demanding nature of our profession. The search for work life balance may limit productivity and skill development since our profession is extremely dynamic and requires us to constantly remain ahead of the curve. Balance can be achieved when work is not designated as “work” but discharging a duty which inspires others to strive for equity and justice. Mental and physical discipline goes a long way in balancing the requirements of the profession.

    Always approach any proposition, problem or case without any bias or prejudice. A clean slate approach, which brings out novel dimensions for problem solving through application of existing principles of law. Short circuiting the long, laborious hard work route will catch up and reflect somewhere in the scheme of things. It could then erode the confidence of third parties which was reposed in you. One must follow and learn through the journey, experience and immeasurable hard work of Senior Lawyers in the profession, who possess great clarity and problem solving abilities due to their proclivity for learning the law every day.

    Ultimately, the path which one adopts is personal but the customary teachings about the profession and resilience required to sustain in the profession continue to remain relevant till this day and age. In the words of the great Late Fali Nariman, once a student of law, always a student of law. Law being a practice, one can never think they have understood, acquired, or known it all. As an example, a provision under a statute could be interpreted in so many ways and therefore, in my view, a good lawyer is always a student of law. In this regard, it is also very important to remain in Court and sit in Court to observe arguments in other on-going cases for the day since the propositions emerging therefrom could be applied and be relevant for some of your own cases. It also adds to the knowledge bank in terms of identifying judgments on different issues.

    You have a strong passion for writing and contribute to various legal publications. How do you manage to balance your demanding legal practice with writing updates, analyses, and insights on judicial pronouncements?

    Reading and understanding judgments in a vacuum contributes in a limited way to professional development. The essence lies in linking the observations in a judgment, the ratio, obiter to the proposition, case or issue which one is dealing with. This interlinking helps developing new arguments or further provides the scope to appreciate the operation of a statute from an untested standpoint which could ultimately become another precedent. One way of building this expertise is through summary writing since it entails distilling the entire case law into a short piece for readers who may or may not be lawyers.

    Therefore, it is very important to appreciate the text of a judgment holistically and apply it in the context of your existing on-going matters. Alternatively, holistic reading of a judgment contributes immensely for a new case with varied propositions.

    Articles, publications and other academic contributions are a significant tool for acquiring knowledge, understanding the finer nuances of legal principles and gaining experience on the approach of Courts in adjudicating cases. Articles and publications are also important means to disperse knowledge to the concerned audience since it assists with streamlining the dispersed legal developments in a consolidated form. It is also an integral tool for connecting cross border practitioners who may be looking at the Indian jurisdiction as a destination for dispute resolution.

    Frequent articles or contribution to publications helps build a repository of information which can be utilized and relied upon in the future as reference for a case which one may be involved in. Therefore, more than a balancing act, it is a branch of Advocacy which only supports and stabilises the pyramid. 

    Get in touch with Sidhant Kapoor –

  • Inside the Legal Mind: Navigating the Complexities of Antitrust and Intellectual Property – Dr. Vishnu S. Warrier, Legal Manager at Cochin Shipyard Limited.

    Inside the Legal Mind: Navigating the Complexities of Antitrust and Intellectual Property – Dr. Vishnu S. Warrier, Legal Manager at Cochin Shipyard Limited.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Your remarkable contributions to the legal field are widely recognized. What led you to choose law as a career despite having a background in science? What motivated you to make this shift?

    Thank you so much for your kind words. While my background is in science, I was drawn to law primarily because of the unique freedom and societal impact it offers. Unlike many other professions, law provides the opportunity to engage directly with society and interact with people from diverse walks of life. This ability to affect change, whether by resolving complex issues or advocating for others, truly resonated with me. I found that, in science, while I could contribute through innovation and research, law allows me to apply problem-solving skills in a more immediate and tangible way, often in situations where my services can bring about significant positive change or even happiness for others.

    Moreover, law offers a respected position within society, which is something I deeply value. The idea that legal professionals play a key role in shaping policy, protecting rights, and upholding justice aligns with my desire for a career that combines intellectual challenge with the opportunity to make a real difference. In many ways, law felt like a natural next step for me, allowing me to leverage the analytical and critical thinking skills honed through my science background, while also offering the chance to have a direct and meaningful impact on individuals and communities. 

    After completing law school, you pursued an LLM in Business Law and a PhD in Competition Law. What sparked your interest in these specific areas of law, and how have they influenced and enhanced your professional journey?

    When I completed my undergraduate law studies, I found myself at a crossroads like many of my peers, wondering what direction to take next. I debated whether to enter legal practice or pursue further studies, and if I chose the latter, in which area of law should I specialize? I initially felt some pressure, as many of my friends were pursuing additional qualifications, and I wondered if I was already falling behind.

    However, after careful consideration and introspection, I recognized that my interests were centered around business law related subjects like contracts and intellectual property law. During my final year, I had the opportunity to intern with an IT firm, where I was exposed to contract drafting and gained some insights into the practical applications of intellectual property rights, particularly copyrights and trademarks. This experience sparked a deeper interest in intellectual property law and its potential for specialization.

    I began to understand the value of pursuing a more niche area of law, and this led me to focus on business law as my primary interest. After speaking with my professors and industry professionals, I decided to pursue a Master of Laws (LL.M) with a specialization in Business Law, with a focus on Intellectual Property Law as well. I was fortunate to be admitted to NLIU, Bhopal, through the CLAT, which provided me with a solid foundation for my further studies.

    The two years of my LL.M were transformative. I had the privilege of learning from professors who deeply influenced my career, particularly Dr. GS Bajpai and Dr. Vinod Dixit. Dr. Bajpai ignited my passion for legal research, while Dr. Dixit played a key role in honing my research skills and guiding my LL.M dissertation, which explored the intersection of Intellectual Property and Competition Law.

    During my time at NLIU, I also had the opportunity to intern with Luthra & Luthra, where I assisted in competition law matters. This experience introduced me to the emerging field of competition law in India and further piqued my interest. Since then, competition law has become a key area of my professional passion and expertise. Recognizing the potential of this relatively new area of law, I decided to deepen my expertise and eventually pursued a PhD in Competition Law. 

    With over 14 years of experience as an in-house legal counsel, what have been some of the most valuable lessons you’ve learned from providing legal support to business operations? Can you share an example of a particularly challenging case you’ve worked on and how you approached it?

    As an in-house legal counsel, I have gained several key insights over the years that have been invaluable to my role. One of the most critical lessons is the importance of understanding the company’s business strategy. Legal counsel must go beyond merely interpreting the law; it is essential to integrate our advice within the broader business context. By aligning legal decisions with the company’s goals and objectives, I am able to provide solutions that are not only legally sound but also practically feasible, ensuring that the business can thrive.

    Another essential insight is the understanding that risk management is more important than risk avoidance. Effective legal support is not about eliminating all risks, as some degree of risk is unavoidable and even necessary for business growth and innovation. Instead, my role is to help the company navigate these risks in a way that minimizes potential harm while still allowing for the pursuit of opportunities and business goals. It’s about striking the right balance.

    Additionally, effective communication has proven to be a vital skill. Translating complex legal concepts into clear, actionable advice is critical, as many business stakeholders may not have a deep legal background. It is my responsibility to ensure that legal implications are communicated in a way that is understandable and actionable. Whether addressing compliance requirements or explaining the potential consequences of a business decision, my aim is to make legal advice accessible and valuable to the team.

    Collaboration across different functions has also been one of the most rewarding aspects of my role. Working closely with teams from finance, operations, marketing, and other departments allows me to better understand their priorities and challenges. By being a trusted partner to these teams, I can provide timely and relevant legal support, helping to anticipate potential issues before they escalate.

    Agility and solution-oriented thinking are also key components of being an effective in-house counsel. The business environment is constantly evolving, and I’ve learned to be flexible and adaptable in my approach. Legal solutions must evolve alongside the business, and I strive to find practical solutions to legal challenges. Rather than just identifying potential risks, I aim to contribute to finding solutions that propel the business forward.

    A preventive approach to law has also been one of the most valuable contributions I can make as in-house counsel. By drafting clear contracts, setting up strong internal processes, and offering regular compliance training, I help mitigate potential risks before they become issues. This proactive approach to legal matters helps the business avoid costly disputes and safeguard its reputation.

    Negotiation and diplomacy are critical in my role. Whether I’m involved in contract discussions, dispute resolution, or forming strategic partnerships, it’s crucial to understand the broader context of each negotiation. By recognizing what each party values and finding common ground, I can facilitate agreements that protect the company’s interests while fostering positive, long-term relationships.

    Further, commitment to upholding high standards of compliance and ethics is fundamental to the role of an in-house legal counsel. Ensuring that the company adheres to legal requirements and maintains ethical conduct is essential, especially in industries with complex regulatory environments. Non-compliance can lead to serious legal and reputational risks, so maintaining strict standards is critical to safeguarding the company’s integrity and success.

    I would say that; the role of in-house legal counsel extends far beyond simply providing legal advice. It involves understanding the business, working collaboratively with various departments, and offering practical, solution-oriented legal guidance that supports the organisation’s growth while safeguarding its interests.

    One of the most challenging aspects of my role as in-house legal counsel is navigating the delicate balance between the commercial interests of the organization and our unwavering commitment to legal compliance and ethical practices. In situations like these, it’s crucial to maintain alignment with the company’s goals while ensuring that we don’t compromise on our legal and ethical obligations.

    A key challenge often arises when the business is eager to pursue new opportunities or aggressive growth strategies. These initiatives may involve areas where the legal framework is either ambiguous or highly regulated, creating potential compliance risks. My approach in such cases has been to fully understand the commercial objective behind the decision, and then work closely with the relevant business stakeholders to ensure that the legal risks are clearly identified and communicated.

    Rather than simply telling the business “no” or “this can’t be done,” I strive to offer alternative solutions that satisfy both the commercial intent and legal requirements. For example, when dealing with regulatory compliance or complex contractual terms, I work collaboratively with finance, operations, and other departments to design agreements or strategies that mitigate legal risk while allowing the business to move forward. This may involve structuring deals in a way that complies with the law, negotiating terms that ensure compliance without hindering business flexibility, or even identifying ways to structure the business’ operations so they remain compliant without disrupting its goals.

    One critical component in maintaining this balance is effective communication. I make it a point to explain not just the “what” and “how” of legal compliance, but also the “why”. When business leaders and teams understand the legal rationale behind compliance and ethical guidelines, they are more likely to support and adopt these measures without feeling that they are inhibiting the company’s growth. This transparency also helps to build a culture of compliance within the organization, where legal considerations are viewed as integral to the company’s long-term success rather than as a barrier.

    Ultimately, my goal is to find practical solutions that protect the organization’s commercial interests while also ensuring that we uphold the highest standards of legal compliance and ethical conduct. Balancing these priorities requires constant vigilance, clear communication, and a solution-oriented mindset that supports both business growth and responsible risk management.

    As an author of numerous books and articles, you’ve addressed various facets of India’s competition law landscape. With the rapid advancement of technology and the rise of digital markets, how do you envision competition law evolving to address challenges such as anti-competitive practices in the tech industry?

    As a student of law and research enthusiast who has had the privilege of studying India’s competition law landscape, I believe that the digital revolution and the rapid advancements in technology, especially the rise of big data, will play a critical role in shaping the future of competition law. With technology playing an increasingly dominant role in every sector, competition law must adapt to address new challenges, particularly in the tech industry where anti-competitive practices often thrive.

    The surge in data-driven business models has fundamentally altered the dynamics of competition. Tech giants like Google, Facebook, and Amazon have not only redefined how we interact with digital platforms but also consolidated immense power by controlling vast amounts of data. This concentration of data is creating a new form of dominance, with the potential to distort competition in ways that traditional antitrust frameworks were not designed to address.

    As companies harness data to gain insights and optimize their operations, they inadvertently or deliberately use it as a tool to entrench market dominance. Practices such as exclusionary tactics, discriminatory pricing, and even data-driven collusion are becoming more commonplace, potentially stifling innovation and preventing smaller competitors from gaining a foothold in the market. These practices represent a growing challenge for regulators who must balance fostering innovation with ensuring a level playing field.

    Moreover, the regulatory landscape in India and globally is lagging behind the speed of technological change. Traditional competition law, which primarily focuses on market shares and pricing strategies, must evolve to encompass the unique characteristics of digital markets. The key concern is how we can regulate the misuse of data to preserve both competition and privacy without stifling the very innovation that drives the tech sector forward.

    One of the critical areas that require immediate attention is the abuse of data dominance. When a dominant player in the market collects and controls vast amounts of personal data, it can create barriers for entry and exert undue control over consumers. This can lead to harmful outcomes, such as reduced consumer choice, unfair pricing, and monopolistic behavior. Regulatory bodies must address these issues by not only enforcing traditional competition laws but also developing new frameworks that take data and its role in market dynamics into account.

    I envision the future of competition law evolving through a combination of enhanced enforcement mechanisms, clearer data governance policies, and greater international cooperation. Strengthened regulatory measures can ensure that dominant players cannot leverage their data advantage to undermine competition. These measures must be agile and responsive, given the rapidly changing nature of digital markets.

    Moreover, empowering consumers through transparency and control over their personal data is a key component of a fair and accountable ecosystem. Consumers must be able to understand how their data is being used, have the ability to exercise their rights, and be protected from unfair practices. This empowerment, combined with robust enforcement of competition laws, will help create a more competitive and ethical digital environment.

    Addressing anti-competitive practices in the tech industry, particularly in the era of big data, requires a multi-faceted approach. Competition law must evolve to deal with the complexities of data dominance, market power, and the ethical use of information. By fostering innovation while ensuring fair competition, we can create a balanced, dynamic digital ecosystem that promotes consumer welfare, protects individual rights, and drives responsible technological advancement. It will take collaboration among regulators, businesses, and consumers to navigate this complex landscape, but by doing so, we can ensure a thriving and equitable digital future.

    Your academic and professional achievements are impressive, and your research contributions are highly regarded. What drives you to keep writing and publishing in such a demanding field, and how do you manage to balance these scholarly endeavours with your professional commitments?

    Thank you for your kind words. I am deeply grateful to my teachers, who played a pivotal role in shaping my research skills. As I mentioned earlier, my areas of interest are centered around corporate law, particularly antitrust law. I firmly believe that professionals should focus on emerging areas within their field, as this not only accelerates career growth but also opens doors for new opportunities. I was fortunate to begin my research in competition law just as India’s new antitrust legislation was coming into effect, which created a wealth of learning possibilities.

    It is worth noting that publication requirements, such as the two articles needed for Ph.D. programs, were a key catalyst in increasing my publication output. While I had already published a few articles and three books before enrolling in my Ph.D., the pace of article publication certainly increased after my Ph.D. enrolment. As I mentioned earlier, exploring emerging areas and contributing to them not only enriches one’s work but also ensures that contributions are recognized in the academic community.

    As for managing the balance between scholarly pursuits and professional commitments, this is a question I often encounter. Striking that balance can be challenging, but with the right strategies, it is certainly achievable. The first step is to clarify both your academic and professional goals. Understanding your priorities allows you to allocate your time and energy effectively, ensuring that both areas progress according to your long-term vision.

    Next, I recommend developing a structured schedule that accommodates both academic deadlines and professional responsibilities. Time-blocking is a useful technique to ensure dedicated time for each, so that neither area encroaches on the other. Prioritizing tasks based on deadlines and significance will also help in staying on track.

    Leveraging flexibility within both your academic and professional roles can also be incredibly beneficial. Open communication with your employer about important academic periods can lead to accommodations that allow for better focus on research. Likewise, delegating certain tasks in the workplace can free up valuable time for scholarly work. Similarly, in academia, delegating aspects of your research projects where possible can help manage workload effectively.

    Setting boundaries is essential to prevent feeling overwhelmed. Learning to say no, or negotiating timelines, helps to ensure that you do not overburden yourself. Being mindful of your limits and allowing yourself to shift focus between commitments is key. Where possible, integrating your academic work with your professional role can streamline both efforts. If your scholarly pursuits align with your job, you can create synergies that reduce the effort required to manage them separately.

    Self-care is another critical aspect. Regular breaks, exercise, and relaxation are necessary for maintaining productivity and overall well-being. Stress management techniques, such as mindfulness, can help you stay focused and prevent burnout, ensuring that both your academic and professional commitments remain sustainable.

    Utilizing technology to stay organized is also invaluable. Digital tools like calendars, task managers, and note-taking apps are excellent for keeping track of deadlines and responsibilities, helping ensure nothing is overlooked. Lastly, it’s important to be realistic about your capacity. Some periods will require more attention to either your academic or professional life, and it’s essential to adjust expectations accordingly. Don’t hesitate to scale back when necessary to avoid compromising the quality of your work in either area.

    Seeking support from mentors, colleagues, and academic advisors can provide the guidance needed to navigate the complexities of balancing both domains. Clear communication and mutual understanding can provide flexibility and insight, helping to manage the dual responsibilities effectively. By prioritizing tasks, setting boundaries, practicing self-care, and leveraging available resources, balancing scholarly and professional commitments can be achieved without overwhelming oneself.

    What are the most important elements of intellectual property management that you discuss in one of your works, and why is it critical for businesses to adopt effective IP management strategies?

    In one of my works, I discuss several key elements of intellectual property (IP) management that businesses must consider to effectively safeguard their innovations and sustain a competitive edge. These elements include IP identification, protection, commercialization, and enforcement, all of which are crucial to ensuring the longevity and profitability of intellectual assets.

    The first step in effective IP management is identifying the intellectual assets within an organization. This involves recognizing innovations, trademarks, patents, and other creative works that could be protected under IP laws. It is essential for businesses to have a clear understanding of what constitutes IP within their operations so that valuable assets are not inadvertently overlooked. Without this identification, businesses risk losing control over critical innovations.

    Once IP is identified, the next step is protection. This involves taking the necessary legal measures to secure patents, trademarks, or confidentiality agreements to guard against potential infringement. IP protection forms the foundation of any IP strategy, as it ensures that competitors cannot copy or exploit these innovations, thereby maintaining the business’s unique position in the market.

    Following protection, businesses must look to commercialize their IP. This can be achieved through licensing agreements, partnerships, or the development of new products and services. Effective commercialization not only helps businesses generate revenue but also expands their market presence, turning intellectual property into a powerful revenue stream.

    However, protection and commercialization alone are not sufficient. Enforcement is equally critical. Businesses must be proactive in monitoring the market for potential infringements of their IP and be prepared to take legal action if necessary. This vigilant enforcement ensures that the value of intellectual assets is not undermined, providing companies with the legal standing to defend their innovations.

    Adopting robust IP management strategies is vital for businesses for several reasons. Intellectual property often represents a significant intangible asset, forming the cornerstone of a company’s competitive advantage. Without proper management, businesses risk losing control over their innovations and missing out on opportunities to capitalize on them. Furthermore, effective IP management creates barriers to entry for competitors, helping companies maintain market dominance while fostering a culture of continuous innovation.

    In today’s interconnected global marketplace, businesses are increasingly vulnerable to IP theft or unauthorized use. By implementing sound IP management practices, companies can protect their assets, avoid costly legal disputes, and ensure long-term growth and sustainability. Ultimately, IP management is not just about protecting ideas; it is about strategically leveraging those ideas to drive innovation, revenue, and competitive strength.

    As the founder of Lex-Warrier Law Journal and a frequent speaker at various conferences, what advice would you give to law students aiming to excel in both the legal profession and legal research? Additionally, what resources would you recommend to them to stay informed about the latest developments in the field of competition law?

    My advice to them would be twofold: cultivate a deep commitment to continuous learning and actively seek out opportunities for hands-on experience.

    First, in terms of legal research, I would advise students to focus on building a strong foundation in research methodology. The ability to critically analyze case law, statutes, and legal theories is indispensable in any legal career. However, it’s equally important to develop skills in synthesizing complex legal issues and presenting them in clear, concise writing. Law journals, like Lex-Warrier, provide an excellent platform for students in their initial phase to publish their research and get their work noticed by a wider audience. My advice is to regularly contribute to such journals, not only to gain exposure but also to hone your writing and analytical skills.

    Secondly, practical experience is key to excelling in the legal profession. I strongly recommend that law students seek internships, clerkships, or volunteer work with law firms, judges, or in-house legal departments. These experiences help bridge the gap between theoretical knowledge and real-world application, providing valuable insights into the practice of law. Engaging in moot courts, debates, and legal competitions is also a great way to sharpen practical skills and build confidence.

    To excel in competition law, law students should try to stay updated with the latest developments in the field. The dynamic nature of competition law, with its evolving regulatory frameworks and landmark decisions, demands that professionals remain informed.

    I recommend the following resources for staying up-to-date:

    1. Legal Journals and Publications: Regularly reading law journals which provides access to the latest scholarly articles, case law, and regulatory developments in competition law.
    2. Official Websites: Staying connected with institutions like the Competition Commission of India (CCI) and the European Commission’s competition department is crucial. These websites offer updates on policies, decisions, and ongoing cases that shape the competition law landscape.
    3. Books and Treatises: Foundational texts on competition law, such as those by notable scholars like Richard Whish or Eleanor M. Fox, offer in-depth insights into the principles and nuances of competition law, while also serving as reference points for research and practice.
    4. Webinars and Conferences: Actively participating in webinars, conferences, and seminars, whether in person or virtual, is an invaluable way to engage with the legal community and learn directly from experts. Being a frequent speaker myself, I believe these platforms not only offer learning opportunities but also provide students with networking prospects that can be crucial for their careers.

    By combining a strong commitment to academic excellence, practical exposure, and consistent engagement with the latest industry resources, law students can position themselves to excel both in the legal profession and in legal research, particularly in specialized areas like competition law.

    After managing such demanding professional responsibilities, how do you unwind and relax? Do your hobbies, like chess and cricket, provide a mental break, and in what ways do they contribute to your overall well-being?

    For me, engaging in hobbies like chess and cricket plays a significant role in providing that mental break. These activities not only offer a refreshing escape from the intensity of my professional commitments but also contribute meaningfully to my overall well-being.

    Chess is particularly beneficial as it helps me sharpen my focus and strategic thinking. The game requires deep concentration and foresight, which allows me to temporarily step away from legal complexities and immerse myself in a different kind of mental challenge. It also provides a sense of accomplishment when I can improve my skills or solve difficult puzzles. This mental stimulation helps keep my mind agile and balanced, making it easier to return to work with renewed energy and clarity.

    Cricket, on the other hand, is a great physical and social outlet. The game allows me to disconnect from the day-to-day stress of my professional life and enjoy time with friends or colleagues. Whether playing or simply watching, cricket offers a great way to relieve stress and foster a sense of camaraderie. Physical activity, whether through a casual match or just active participation, is also essential in promoting physical health, which in turn supports to maintain a stress-free mind.

    Both of these hobbies serve as valuable tools for maintaining equilibrium in my life. They provide a structured yet enjoyable way to switch gears, reducing the risk of burnout and improving my productivity when I return to my professional responsibilities. Engaging in activities outside of work also helps me cultivate a sense of joy, creativity, and relaxation, all of which are crucial for maintaining long-term well-being and success.

    Get in touch with Dr. Vishnu S. Warrier –

  • “International disputes practice is a highly competitive field in the practice of law. In the long run, this is a game of resilience over brilliance.” – Garv Malhotra, Partner at Skywards Law and Honorary Professor at NLU, Delhi.

    “International disputes practice is a highly competitive field in the practice of law. In the long run, this is a game of resilience over brilliance.” – Garv Malhotra, Partner at Skywards Law and Honorary Professor at NLU, Delhi.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Could you walk us through your educational path from Gujarat National Law University to your LL.M. at the National University of Singapore and Master’s at the Graduate Institute in Geneva. What inspired you to pursue these advanced degrees, and how were you able to secure full scholarships at these prestigious institutions, if you could share with our young readers?

    My legal journey started with a degree in law and commerce from GNLU, Gandhinagar. 5 years in Gujarat were incredible for me thanks to the people I met. I learned a lot and  also developed a fondness for Gujarati language. My law school journey revolved a lot around mooting and internships. I got my first taste of international arbitration through a moot in Frankfurt in 2011. I graduated from GNLU with an all-rounder scholarship and joined the bar. Alongside law school, I had worked with some leading senior counsel including Mr. Mihir Thakore, Mr. Soli Sorabjee, Mr. Siddharth Luthra and Mr. Ram Jethmalani. However, I was guided by my mentors to join a junior counsel office upon my graduation where I would learn written and trial advocacy.

    So fresh out of law school, I had the privilege of being a junior for two incredible lawyers Mr. Debesh Panda and Ms. Amrita Panda. While they are both married and work together, their styles are very different. In addition to their own stellar training as a junior to some of the greats like Mr. AK Ganguly, Mr. Rajshekhar Rao and Mr. Satish Manishinde, both of them had gained advanced academic exposure overseas and this showed in their finesse. I also worked closely with my colleague Mr. Naman Maheshwari who was senior to me and patiently guided me on practical nuances. Inspired by the journey of my seniors, I applied to the MIDS program in Geneva and was fortunate to get awarded a full scholarship to attend the same. 

    Living and studying arbitration in Geneva was amazing. The experience at MIDS is unmatched and the cohort, faculty and alumni go the extra mile in ensuring it. MIDS truly broadened my horizons and made me feel that I had unlocked new levels in a game that I had barely understood before. The chance to study under giants of arbitration like Gabrielle Kauffman-Kohler (my thesis supervisor), Emmanuel Gaillard, Zachary Douglas, Lawrence Boisson de Charzounes, Albert Yan Van Den Berg, George Bermann and others was a sumptuous treat. The learning from other members of the cohort is also enormous. After my time in Geneva, I got the opportunity to continue my education at The Hague Academy of International Law and the National University of Singapore (NUS) on full scholarships. At NUS, I got the chance to study arbitration under leaders like Lucy Reed and M. Sornarajah, and also study subjects like Oil and Gas law. 

    In my view, the key to cracking scholarships is demonstrating a balance between ability and inability to contribute. Ability to contribute positively to the cohort and the larger ecosystem if such an opportunity is given to you; as well as inability to contribute economically to access such an opportunity without assistance. 

    Your career has evolved from starting as an Advocate before the courts at Delhi to key international roles including at Drew & Napier LLC in Singapore. What motivated this transition, and how have these diverse experiences shaped your approach to dispute resolution and international arbitration?

    My stint at Drew & Napier (DN) happened by chance. While I was at NUS, I was working with Dr. Michael Hwang as an intern. He suggested that I also try to gain some experience at one of the leading disputes teams in Singapore. I reached out to my first choice, DN and fortunately got assigned as an intern to the Chairman Mr. Jimmy Yim, SC. I assisted Mr. Yim and his stellar team on a few matters including an arbitration trial. In the middle of a hearing at Maxwell Chambers, Mr. Yim took me out during the lunch break to a nearby restaurant and graciously invited me to join his team full-time after NUS. I was initially hesitant as I had a practice in India to return to but, the world has seen very few charmers like Jimmy Yim. 

    And thus after NUS I joined DN under Mr. Jimmy Yim, SC who was leading the disputes practice. Mr. Yim is one of the fiercest advocates and a master strategist. He is gifted with an unparalleled understanding of people. I think that the incisiveness with which Mr. Yim cuts through to the relevant facts from a bundle of files should be a spectator sport for amateur lawyers. His presence in a room, be it a court, arbitration or simply a meal is unmatched. 

    I also worked under Mr. Mahesh Rai, the youngest ever equity partner in DN’s 130+  year history, and for good reasons. His journey is truly inspirational and I have never seen someone who can handle such large volumes of complex work with such regal finesses, and yet be a good boss and colleague. 

    Even till today I often prepare arguments thinking how would Mr. Yim argue this or think what would Mahesh say if he reviewed this draft of mine. I have tried to train my own team at Skywards Law based on much of what I learned from colleagues at DN.

    During your time at Drew & Napier LLC in Singapore, you dealt with international arbitration and the laws of various countries. Can you share an interesting case or project from that time and how you think the Arbitration landscape in Singapore differs from that of India?

    DN is one of the citadels of disputes practice in Singapore. While I was an International Lawyer at DN, I had the chance to do a variety of matters across sectors like commodities, construction, shipbuilding, oil and gas, aerospace, aviation, hospitality, entertainment and others. 

    I fondly recall being the associate in a 4-member team for an international arbitration against an Indian PSU. Our team which was led by Mr. Jimmy Yim, SC and Mr. Mahesh Rai, acted for a South Korean Chaebol in the matter and the quantum was upwards of 200 million USD. The opposite side was represented by Indian counsel and the tribunal was a mix of retired Indian supreme court judges and a leading British QC (now KC). The arbitration was seated in Singapore, governed by UNCITRAL Rules and Indian Law. The similarities and differences of Indian and Singaporean legal traditions in the background of an intense trial being held in Maxwell Chambers came to the fore repeatedly during that trial. 

    There is much similarity in the letter of Indian and Singaporean arbitration law (both are common law and model law following countries). However, there is a huge difference in the spirit with which it is practiced by lawyers and arbitrators. In my view, Singaporeans have a beautiful pragmatic way of approaching commercial dispute resolution. Everyone conducts their job with military discipline and is respectful of the fact that they are charging by the hour to provide exceptional quality and dedication to the mandate. Timelines are very short and everyone puts their heart into delivering exceptional work within truncated timeframes. 

    Perhaps some of it is also a result of their post degree legal education system. Singaporean legal training is far more rigorous at the start of one’s career than India, and it is an ongoing process throughout one’s professional journey. Their system of admission to the bar is far longer and rigorous than India. Moreover, their CPD points system ensures that lawyers keep up with advancements in the field every single year. 

    Another memorable experience is when Mr. Yim and I supported a client in the entertainment industry in securing a multi-million dollar naming rights agreement i.e. agreement for the name of a theatre, from a leading real estate company.

    Your internship under Dr. Michael Hwang, the former Chief Justice of the DIFC, is a noteworthy achievement. How did working with such a distinguished figure impact your professional development, especially in international arbitration? Can you give an example of how this mentorship influenced your approach to subsequent arbitration cases?

    I had the chance to work under Dr. Michael Hwang for a short while in 2017. My internship was the event that turned my distant admiration for his work into a personal rapport. My learnings from him, over the years, have had a profound impact on my life. 

    Dr. Hwang, who is today one of the most celebrated thought leaders in arbitration, has also been a fierce advocate, an exceptional judge (in Singapore and Dubai), a prolific writer, a teacher of the law and a philanthropist. He is also one of my absolute favorite legal war-story-tellers. 

    In addition to unparalleled credentials, his love for the development of arbitration law is something I resonate very closely. From writing seminal articles which were the genesis of terms-of-art in arbitration (like Guerilla-Tactics), to establishing the Michael and Laura Hwang Chair in International Arbitration at NUS. His actions have truly inspired generations of lawyers, judges and academics, and his singular impact on the practice of international arbitration is outsized. 

    For me, just spending quality time with MH (as he is fondly known in his alumni circles) is a growing experience that shapes perspectives on all cases that my team and I handle. Even till date, I speak to him on videocalls and try to catch an exceptional meal with him every time I am in Singapore. Further, his lessons in written and oral advocacy are ones that have helped our journey the most. We try to emulate parts of his style in the small and big elements of our drafting and speech. 

    Recently, I have had the chance of extending the privilege of Dr. Hwang’s guidance to members of my own firm and my class at NLU, Delhi. Dr. Hwang took the final class of my 55-hour seminar course on the topic Advocacy: The Arbitrator’s Perspective.

    As a Partner at Skywards Law, you lead Dispute Resolution and represent clients in complex multi-party and cross-jurisdictional arbitration cases. Could you discuss your strategy in handling one such high-stakes case?

    Skywards Law is a boutique law firm. Our strategy in every case and situation is bespoke. However, every strategy has to be grounded in a deep understanding of the facts and circumstances. In many cases that also includes developing an understanding of the underlying technical aspects. A mix of our training, experience, teams and specialized technology help us to pre-empt issues and resolve legal matters efficiently. 

    In a recent arbitration involving a coal-related international transaction where we acted for a Singaporean entity, a dispute arose on various issues. The agreement, which provided for a three member tribunal, was governed by Singapore Law and SIAC rules. Upon digesting the facts and numbers we understood the need to balance costs with quantum. So we first got the proceedings converted to an expedited proceeding before a sole-arbitrator. Thereafter, we conducted the procedural hearings virtually and a final physical hearing in Kuala Lumpur (instead of Singapore). Using a few other strategies, we were able to get a favorable award within less than a year at a lower cost than initially estimated with substantial legal costs awarded to the client in the final award. 

    How do you foresee the future of international arbitration in the Indian legal landscape?

    In my view, the future of international arbitration in India appears to be exceptionally bright. As the country emerges as a business hub with massive import and export of capital, goods and services, the preference of companies for arbitration (for international disputes) is clear due to its flexibility and efficiency when compared to alternatives. It is however, an imperfect system with much scope for tactics and abuse. 

    A key driver of this progress is the pool of exceptional lawyers who are not only acting for Indian clients but for global entities, who are acting as arbitrators, leading institutions and becoming thought leaders. Their expertise and dedication is building confidence in India’s arbitration ecosystem and making it increasingly attractive. 

    Legislative and judicial efforts towards bolstering India’s position have played a key role. For example the Arbitration and Conciliation Act has been amended multiple times with a view to fine-tune it and create a robust framework. The appellate courts have pro-actively supported the development of a judicial ecosystem that respects arbitration. 

    The ecosystem is further supported by the efforts of the bar and prominent Senior Advocates such as Mr. Gourab Banerji, our Attorney General and Solicitor General, Mr. R. Venkatramani and Mr. Tushar Mehta respectively, Mr. Gaurav Pachananda, Mr. Shashank Garg and many more.

    While India is far from achieving its goal of becoming a global hub for international arbitration, I believe that it is much closer to this goal than it was just a few years ago. The proliferation of thought-leadership events like the Delhi Arbitration Weekend, the mushrooming of arbitration institutions and the wealth of jurisprudence and literature being developed on the topic are clear indicators of this growth. 

    In 2024, you were appointed as an Honorary Professor at the National Law University, Delhi. Could you kindly share insights about your academic journey with our readers?

    Academia and the progressive development of the law have a special place in my heart. I have been teaching law for over a decade. I started teaching short courses on Investment Arbitration at my alma mater GNLU. I was also involved with some practitioner-oriented sessions at NUS and NALSAR. However, I started dedicating more time to academia after I moved back to India and set up Skywards Law. 

    Initially I taught a 40-hour seminar course on arbitration at the National Law School, Bangalore. Since the last few years, I have been teaching law on Friday evenings at National Law University, Delhi (NLUD) in alternate semesters. I teach a 55-hour seminar course titled “Practical Aspects of International Arbitration”. It is offered to advanced students who have studied arbitration as a subject previously. 

    The University, under the leadership of Dr. G.S. Bajpai was kind enough to appoint me as an Honorary Professor alongside some leading names from India and around the world. In this role, I try to be a catalyst to the University’s broader vision of developing a favorable academic ecosystem for arbitration, business law and international law. I also get the chance to support their thought-leadership initiatives and assist with innovative teaching experiments aimed at grooming young lawyers for the journey ahead. 

    What advice would you offer to young lawyers aiming to excel in International Arbitration, and could you recommend any resources to help them stay updated on the evolving landscape of the field?

    My foremost advice to law students and young counsels is to have fun and enjoy the process rather than fixate on a future destination. International disputes practice is a highly competitive field in the practice of law. In the long run, this is a game of resilience over brilliance. Life is full of ups and downs, focusing on long term progress instead of short term gratification and optics. Focus on ‘doing’ over ‘being’. Excellence is the eligibility criteria for the higher echelons of the game and being a well-rounded personality will help you sustain your journey.

    However, international disputes is a dynamic field with much scope for value addition and innovation in the short term. Young counsels should embrace this spirit and always seek opportunities, however small and try to do their best in it. Another advice would be to find good mentors and build long-term relations. 

    Young counsels can consider gaining practical insights from summer schools such as the Paris Arbitration Academy, Geneva Summer School, Basel Winter School, the Hague Academy of International Law etc. An LL.M. is not essential but goes a long way in building and boosting one’s career by getting you a seat on exclusive tables. Though these courses come with a significant financial commitment, there are various ways to secure funding. In my view, getting into elite programs is often more challenging than securing the funds for it. 

    Given your demanding career and professional obligations, how do you unwind and maintain a healthy work-life balance?

    Maintaining a healthy work-life balance is integral to sustainability in a demanding profession. Temperament and balance are very important for a lawyer to remain objective and efficient. I believe that taking breaks and pauses help a lot. I also believe that philosophical concepts like joie de vivre and pursuit of happiness are very important and thus I intersperse my work life with experiences beyond the law that bring me joy and happiness.

    As an avid traveller, I try my best to take multiple trips every year. Some of these are vacations, some are weekend getaways and some are just extensions to work trips. So far, I have travelled to over 30 countries and over 200 cities. I look forward to exploring more destinations in the Americas and Africa in the near future. I enjoy travelling alone, with my wife (who is a former travel journalist) and with friends and with family. 

    Music is another constant companion in my life. I have a deep love for exploring new musical creations across genres and artists from around the globe. The creative genius in music continually amazes me, reminding me of the boundless possibilities of human expression. Audiobooks have also become an essential part of my routine, especially as they fit seamlessly into busy schedules. Whether I’m driving, waiting for a meeting or at the airport. Skilled narrators made the process of consuming books easy and incredibly relaxing. 

    I also get to maintain a balanced life due to my stellar associates (gratitude shoutout to Eshan Chaturvedi, Arijit Sanyal and Arundhati Kale), and colleagues from other teams at Skywards Law who accommodate my schedules with patience and optimize my time efficiently. 

    Get in touch with Garv Malhotra –

  • “I think the 2 most important skills that a lawyer needs, in order to thrive in the fast evolving legal environment, is preparedness and humility.” – Sugyata Choudhary, Principal Associate Dhaval Vussonji & Associates.

    “I think the 2 most important skills that a lawyer needs, in order to thrive in the fast evolving legal environment, is preparedness and humility.” – Sugyata Choudhary, Principal Associate Dhaval Vussonji & Associates.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With a decade of experience in commercial disputes, what initially inspired you to pursue a career in law, particularly in the area of dispute resolution? 

    So I did not really have it all figured out for me initially when I was making a career choice. Like most teenagers, I was confused and didn’t even know what I wanted to do. I had done 11th and 12th grade in the Science stream and at that point of time I had never fancied a career in law. I was more inclined towards doing either medicine or any other para medical field. Due to some family circumstances at that point in time, I was unable to pursue medicine and had to fall back on the next best career choice. The confusion did not end here. I saw both law and journalism as reasonably good career options. While the power that came with being aware of our rights inspired me to pursue law, I was equally enticed by the power to make a mass impact that came with being a journalist. I wanted to be able to make some sort of impact in what I did, so I secured admission in a journalism college on the same day when the first merit list at GLC was to come out. But as life would have it, something made me realise that I can make an impact even by pursuing law. So I left the admission secured in journalism and signed up for the five year law course instead. That was how I began my journey in law.

    After earning your degree and being designated as a Solicitor, how did your early experiences in litigation at various law firms help shape your approach to handling complex commercial disputes? What were the key lessons you learned during this period? 

    While in my 4th year of college I made an unconventional but conscious choice of signing articleship for 3 years for qualifying as a Solicitor with a small boutique law firm in Mumbai which was primarily into dispute resolution. Even after qualifying as a Solicitor I continued working at this firm for a couple of years before I moved to a bigger firm. I was fortunate to be exposed to some very sensitive matters at this time including arbitrations, suits and writ petitions that were both complex and high value. So right from the start I was directly put into the hot tub and had to find my way into understanding complex commercial disputes and finding ways to resolve them. I believe that it was the training that I received during this time which set an extremely solid foundation for a decade of my career in dispute resolution that lay ahead. Many litigation lawyers are often given the advice that you must start practicing with the smaller courts, because this is where you actually learn the nitty gritty of trial and procedure. I did quite the opposite. I started my career with litigation in the Bombay high court and even supreme court, and quite honestly, I think it worked out beautifully well for me. The precision that is required for handling complex disputes in the higher courts forced me from the very start to pursue accuracy in whatever I was doing. Since the stakes in every matter that I was handling were high, there was very little room for error, which forced me to check, and re-check my work which was, I think, an extremely essential skill that one needs to develop in this profession. As far as nitty gritty of procedure is concerned, in my experience, I did handle a fair amount of disputes in the lower courts as well, and to be honest, I felt that the higher courts followed a more precise way of following the procedure with lesser adjournments and delays and more precision in interpretation of the law. Another key lesson that I learnt in my initial years at law firms was how to handle clients. Client counseling is a skill that is extremely crucial for the purpose of understanding a dispute and then effectively resolving it. Exposure to different kinds of clients, both corporate and individuals, understanding the dispute, understanding what exactly is the remedy that they are seeking, these things were extremely important. A client himself can make or break his own case and to get the right information out of the client is sometimes a very underrated skill. So these were some of the key learnings that I had during my initial years.

    You have significant exposure to both domestic and international arbitration. Can you share how these two spheres differ in terms of legal approach and challenges, and what has been your strategy for effectively navigating both?

    I believe, earlier on, while institutional arbitrations were not as popular in India, and ad hoc would be the natural first choice of parties, there was a vast difference in the way arbitrations were conducted in India and Internationally. Thankfully, the UNCITRAL and CIArb have done so. Post the 2015 amendment and the increasing pro-arbitration jurisprudence in India, the gap has narrowed down quite a fair bit . For example, something as simple as fast track arbitrations or document-only arbitrations was a concept India was oblivious to until recently. Fair to say that on interpretation of the law, there were not much difference in the approach, however International arbitrations have their own challenges when it comes to costs of arbitration. However, more than the arbitration proceeding itself, the major difference, which I believe will always exist, is in the system of the courts of various jurisdictions in challenges to the arbitration award or the arbitration procedure. The best strategy to effectively navigate both kinds of arbitration is to be open to learn, no matter how experienced you are in the profession, to be flexible in your approach to learning and most importantly to be observant of the smallest details.

     As a Fellow at the Chartered Institute of Arbitrators, how has this designation enriched your skills and approach to arbitration? 

    I had taken the Accelerated Route to Fellowship, from CIArb London and I must say it went a long way in widening my knowledge of arbitration. The standards of procedure and conduct of international arbitration was meticulously explained by CIArb and the method adopted to teach during the course was key in building skills which are absolutely essential for a successful career in arbitration. The study was a rigorous one, which contained case study based, and unconventional questions, which forces one to think out of the box and present solutions. It ended with a rigorous award writing assessment, which further trains the mind to think from the arbitrator’s perspective and balance equities in a dispute. CIArb is also an internationally acclaimed standard and exposed me to a network of some of the brightest minds in Arbitration. I highly recommend budding arbitration practitioners to pursue the fellowship from CIArb to widen their knowledge and network. 

    In your current role, you focus on banking/real estate litigation and advisory relating to enforcement of security by Financial Institutions . What are the most common challenges faced by financial institutions in these areas, and how do you tailor your legal strategies to meet their needs?

    In my current role I work on complex matters relating to recovery of stressed assets by financial institutions as well as Banking and real estate related litigation. I have come across cases with large amounts of money which turn into non-performing assets for these financial institutions due to the default of the borrowers. Most commonly, the challenges faced by these financial institutions comprise of dealing with fraudulent transactions made by the defaulting borrowers like multiple sales of their security, siphoning of monies and even forgery. Another major challenge faced by these institutions are the legal complications that arise due to the interplay of various laws in the country like RERA, SARFAESI, Transfer of Property Act, Slum Rehabilitation Law and general laws that sometimes form an impediment in enforcing their security effectively and delay the recovery process. My job in my current role is to work on effectively designing the best legal strategies for helping the clients achieve fast recovery of the stressed assets in the most efficient manner, and thereafter to implement that strategy, which may contain a combination of remedies. The most effective way of doing this is to keep myself abreast with the latest legal developments in banking and real estate related law and applying the latest law to the peculiar circumstances of the given case in order to come up with the best way forward. 

     Given your diverse background, what do you think are the key skills and qualities a lawyer needs to thrive in the fast-evolving legal environment, particularly when dealing with multi-jurisdictional disputes or complex financial matters? 

    I think the 2 most important skills that a lawyer needs, in order to thrive in the fast evolving legal environment, is preparedness and humility. I always believe it is extremely essential to know your brief like the back of your hand. Preparedness in law is a tool that can make a lawyer formidable. This must be coupled with humility. As our senior Mr. Fali Nariman put it, I quote : “The moment you say, you know everything, I’m afraid, that’s the beginning of your downfall.”

    In addition to your demanding legal practice, how do you maintain a healthy work-life balance? Are there any personal habits or practices you find particularly useful in maintaining focus and achieving long-term success in your career? What strategies do you use to remain calm in high-pressure situations? 

    I am sometimes unable to stay consistent, but I do follow some sort of physical exercise for half an hour in the morning. It could be home work outs or yoga or just stretching exercises. Physical movement works wonders to keep the mind balanced and cope with stress. I also try and make it a point to travel whenever I get the opportunity. Also, meditation and spending time with Animals or in nature goes a long way to give the mind the much needed pause and refuel back into action. I read this somewhere and I believe it is so important for everyone in the hustle culture to know this- “Rest is not taking the foot off the gas, it is putting fuel in the tank” .  

    What advice would you offer young lawyers who wish to specialize in arbitration and build a successful practice similar to yours? 

    Few things: 1. Never be lazy to read. Know the difference between just reading something mechanically and understanding what you read. 2. Organise your brief well. We often underestimate the impact organisation has on productivity and when dealing with voluminous papers and proceedings, organisation can sometimes make or break your case 3. Cultivate the practice of updating yourself with the latest judgments. Arbitration as a practice area is evolving very fast with jurisprudence changing almost every day. Keeping abreast with the latest law makes a huge difference when it comes to advising clients.

    Get in touch with Sugyata Choudhary –

  • “Our mind learns a lot by observation, sometimes without us even being aware of it; and there is no better place to see the law actually play out than in the trial courts.” – Aman Vijay Dutta, Arbitration & Disputes Lawyer at Chambers of Aman Vijay Dutta.

    “Our mind learns a lot by observation, sometimes without us even being aware of it; and there is no better place to see the law actually play out than in the trial courts.” – Aman Vijay Dutta, Arbitration & Disputes Lawyer at Chambers of Aman Vijay Dutta.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With nearly a decade of experience across various areas of law, do you feel that law was always your intended path, or were there specific factors that guided you towards this profession?

    Strangely, the practice of law was the last thing I thought of as a child. I was never very studious and never really sat down to think of what I wanted to pursue as a career. My mother, who is a scientist, was insistent that I must obtain a professional qualification. And it was my father, who is a businessman, who first suggested I study law; he’s in the business of real estate and saw potential in the practice of law. In a nutshell, both my parents were of the view that I obtain a professional qualification, and then do whatever I deem fit, provided it was constructive. And I’ve seen that, law or anything else, this emphasis on professional qualification is arguably one of the most important things that a child can be directed towards in the absence of any pre-disposition or pre-existing plan. But after joining law college, and seeing students work as hard as they did with moots, debates, research papers, and internships, I began to lose interest; it seemed like a lot of work. In fact, around the 3rd year in law college, I even toyed with the idea of leaving the law all together with a BSL Degree. I didn’t realise it back then but, sub-consciously, my plan was to join my father’s business. It seemed like the easy way out. I even did an internship of sorts with his firm – he was a task master and I was a complete misfit because of my indiscipline. Once I saw that I’d have to work equally, or maybe even more hard with him, I decided to give law a shot. 

    In other words, I was a very dull and unambitious student until my 4th year; it was only around this time that I began to consider giving things a shot; I began to read and participate in moots. That changed a lot for me. And the moment I surrendered myself to the law, I couldn’t imagine going back. In hindsight, I can’t see how I’d been doing anything but practicing law. This profession has re-moulded me in ways that were so necessary but impossible anywhere else.

    You began your career in the Litigation team at a law firm. What were the key learning experiences during that time that shaped your legal perspective and influenced your career path?

    The first key learning was that come what may, the trial courts offer learnings that no other forum can offer in litigation; trial work is trial work. My first year of law practice (at Hariani & Co.) was exclusively restricted to trial courts, or tribunals of first instance. While it got boring at times, it was the most enriching overall experience. The reason for this is simple: Our mind learns a lot by observation, sometimes without us even being aware of it; and there is no better place to see the law actually play out than in the trial courts. That one year set a solid foundation in my mind about what the practice of law was at its very essence; facts first, procedure next, and then, the substantive law. 

    The second learning was that the more time you spend with a matter (mentally), the more you seem to get it. I have no doubts that –although my foray into arbitration was not to happen until 2 years after– I would not have gotten into this space, had it not been for my time at Hariani & Co., Pune. My time there, also showed me the tremendous potential that lay in establishing a trial practice, contrary to popular beliefs. When it came to civil law, everyone wanted to be in the Higher Courts or in the Big law ecosystem, perhaps, because they haven’t seen the plus sides of a career as a trial lawyer. And a lot of your baselining of what the future might hold, takes place during your first two or three years. So it’s important that your environment during these first few years gives you hope. There was not a single big case in the city that the firm wasn’t involved in. I was lucky that way. Hariani & Co., ingrained a think big mentality of sorts in my mind.

    During your time at AZB & Partners, you worked on a significant arbitration case against a Japanese conglomerate. What were some of the unique challenges you faced, and what strategies did you employ to successfully navigate those challenges?

    The things I learnt whilst working on that matter were probably my biggest learnings in practice until then. While it did concern a foreign entity, the opponent in the matter was an Indian subsidiary of that foreign entity – so it was a domestic arbitration through and through; that’s for context. What made that case challenging was the sheer volume of the records; the matter revolved around disputes between a contractor and sub-contractor over civil and mechanical work done at India’s largest thermal power plant. Although up to that point, I had worked on cases where the monetary stakes were even higher than those involved in this arbitration, the volume of the records in the previous cases was nowhere close. So the biggest challenge for me was to get a grip on the documents and the facts. I remember my boss repeatedly laying emphasis on the list of dates being as accurate as possible. It was overwhelming and I found myself lost almost every day. So the biggest takeaway from that arbitration was the importance of organizing your brief, getting a grip on facts, and your thoughts. In one sentence, I’ve learnt that the only strategy to focus on in any case, is to simply have a command over the facts. If you do that one thing right, the rest of it somehow seems to fall in place almost automatically. If you’ve done a good job with organizing and presenting the facts, transparently (emphasis added), to a Judge or an Arbitrator, then you have done half the job. If you’ve been honest and precise in your presentation, the decision maker’s work load is considerably reduced. They need not spend as much time ascertaining or weeding out each and every fact; that frees up mental space for them to apply the law accurately. The output will almost always depend on the input. 

    After working with two prestigious firms, you chose to establish your own practice. What motivated you to take this step, and what were some of the initial challenges you encountered while setting up your practice?

    I was always clear that if I practiced law, in the long term, it was going to be on my own; else, I’d give up practicing all together. I couldn’t see myself being a transactional lawyer or sitting in house, or only briefing other counsel. To do it any other way, was not something I could get myself to do willingly. It isn’t like I didn’t try to restrain myself and stay a little longer within the law firm ecosystem. But it was not in my DNA, and I was not doing justice to the jobs at hand; it was either leaving that ecosystem or leaving the law altogether. I decided to leave the former, albeit on an impulse, and initially regretted the decision a lot. But it is, in hindsight, the best thing that I’ve done. Initially after commencing independent practice, fear was the motivation. But I was fortunate that I got good work and opportunities from almost the first week, if not day, of my independence. Plus, I had no responsibilities and my parents were there to support me in every possible way. I could wax lyricals about “struggle” or challenges but there wasn’t any; there was a lot of self-doubt, many long hours, a lot of being alone as opposed to having colleagues, and so on. But that’s just nitpicking; I had work, my clients were fair, my parents were supportive, and I had no responsibilities. So no challenges. I only had to show up, and the rest somehow took care of itself. 

    Since launching your independent practice in January 2019, you have represented clients in various courts and arbitration tribunals. Could you share one of your most memorable or impactful cases, and what valuable insights did you gain from handling it?

    Come to think of it, strangely, it’s not an arbitration matter. I’ve had some extremely memorable experiences: my first argument – before a Small Causes Court; my first arbitration in which I was part of a team that appeared before 3 retired judges of the Supreme Court, against some of the finest arbitration lawyers of the country; my first ever cross examination – against a prominent German automobile manufacturer, an arbitration I won, albeit not as thumpingly as I’d like; representing Rapido against an obstinate State Government; my first brief as an arguing counsel. But the matter that stands out is a case that I did before the National Green Tribunal against an environmental clearance granted to a slum rehabilitation scheme which was being constructed by a prominent developer and the Pune Municipal Corporation. My client had challenged this clearance and other permissions and, incredibly, had lost before every forum including the Supreme Court; that is when he came to me. I spent months on the case and managed to pull out one seemingly small but actually significant violation which had not been agitated before or adjudicated by any court or tribunal. We managed to succeed based on the law laid down in the Forward Foundation. After the matter was disposed off, my opponent became my client. I could think of no better end to that litigation. That will always be special. 

    You have represented Roppen Transportation Services Private Limited in multiple forums. Could you describe the key complexities of this case and the challenges of representing a transportation company in such matters? How did you approach the legal strategy?

    What made this case peculiar was that something new kept happening almost every day. I’m based out of Poona but was practically living in Bombay for almost three whole weeks – afternoons were usually spent in my car at Horniman circle, waiting for the next call while populating the ever expanding list of dates. Before you knew it, you had to file something before the State Transport Appellate Tribunal, the Regional Transport Authority, and the Bombay High Court – things were on extremely short notice. Plus, there was some FIR or the other being registered against new employees every day. Added to that was the volatility of autorickshaw drivers. I was even threatened once. It was exciting and intimidating at once. 

    The matter hinged on the Motor Vehicles Law in Maharashtra, the Constitutionality of the State Government’s prohibitive actions, and Roppen’s right to ply in the absence of specific regulations for bike taxis; the complexity was owed to the fact that the grievance that Roppen had, on first blush, was more to do with policy making which is almost exclusively within the domain of the executive. All the same, there was no express embargo on plying of bike taxis. In fact, the central government had recognized the right to use motorcycles as contract carriages, as far back as in the year 2004. But the state government had nothing in place; and this being a concurrent list subject, the State maintained that it had absolute dominion to call the shots. All the same, there was an aggregator’s policy in place in Maharashtra but the Government kept insisting that bike taxis were illegal. It was a mish mash of law, both for and against us. 

    The strategy was simple: ensure compliance of the aggregator policy, and exhaust all alternative remedies before approaching the High Court and finally mounting a challenge to the constitutionality of the state law. We worked on the issue as a whole for almost a whole year, and in November 2022, even managed to convince the High Court to set aside an order of the RTO Pune, without having gotten into the merits. The matter was primed for us to move with this part of the challenge – the constitutionality, coupled with the fact that the government of Maharashtra had not obtained presidential assent to do away with the central law. But at the last minute, the clients decided to refrain from mounting this challenge on advice of other counsel, who had different ideas and took a different route; Roppen was ordered to shut down on 13 January 2023.. But the state government has finally come up with a policy; that was a relief. 

    The experience was incredible because I was the lead Advocate for the longest time. Drafting representations, appeals, petitions, overall strategy, understanding the views of the GCs, the stakeholders, and even appearing in a few matters and briefing Senior Counsel in others. It was a lot to take in. A different kind of learning. 

    As a guest lecturer at several universities, including your alma mater, what do you find most rewarding about teaching? How do you incorporate your practical experiences into your lectures, and how do you foresee the future of Alternative Dispute Resolution (ADR) evolving with the rise of technology in the legal field?

    The satisfaction of seeing someone understand a particular point or provision of law based on your expression of it, is the most rewarding aspect of teaching. Added to that, is the fact that if you’re serious about doing a good job as a professor, you need to be thoroughly prepared and really understand the subject deeply. This, in turn helps in expanding your own stock of knowledge, which is key to a good law practice. Teaching that way is a win-win for all concerned. I am of the firm opinion that any practicing / litigating Advocate cannot be at his or her best without being in constant touch with his or her academic or theoretical –some might even say– impractical or idealist side. I make it a point to explain threadbare the details of cases I’ve handled, while explaining a particular issue and I try to correlate the case with the provision we are studying; trying to draw out as many parallels as possible. I’ve found that to be one of the most effective ways of reaching into the minds of the students or recipients. As far as technology in ADR goes, of course, we aren’t at par with many foreign jurisdictions. And even things like virtual hearings and email filings have come into the mainstream in India, only post the pandemic. So while there is certainly a lot going on in that space, I don’t think India is ready yet. A lot of legislative groundwork needs to be laid before we can think of using advanced technology in India’s ADR ecosystem. 

    You have expressed a strong interest in philosophy, psychology, and history. How do these interests influence your approach to law and contribute to your professional growth? Do you find these subjects shape your views on justice and conflict resolution?

    My interests in philosophy and psychology stemmed from my need to find myself answers when I’d hit a rough patch. I was lost and miserable, both, personally and professionally. I’m glad that that happened very early on in my career. I think self-awareness is key for persuasion skills; one can only try to understand others, if they’ve looked within and understood their own self. Plus, it helps you deal with negativity a lot more effectively. I also think cognitive biases and heuristics should be taught in every school; things like the Pygmalion effect, the Confirmation bias, the Sunk Cost fallacy, and so on. These are aspects of everyday life, both in and out of court. And unless we understand the fallacies which are inherent in our thoughts as human beings, we can’t do justice to our jobs as Advocates. It also helps to keep the ego in check. All things equal, I think that an Advocate with a better stock of knowledge on psychology, has an edge over another with lesser of it. Philosophy is more to keep yourself on course when you’re despondent or face a setback, whether in or out of court. 

    I’ve always been interested in history. And, again, I don’t think there’s a better way to understand the future than by first understanding the past. They say every thought or idea that you might have, has already been thought of by someone else. That, in and of itself, should answer to its significance. And if that isn’t enough, even in our work as Advocates, we’re guided by case law – which is another piece of history. I’ve learnt that history also improves your Court craft in an unexplainable & intangible way. I can’t point out exactly how, but it does. 

    What advice would you give to young lawyers aiming to specialize in arbitration and build a successful practice like yours? Additionally, what resources or strategies would you recommend to help them stay updated on the latest legal trends?

    I think that inherent within the idea of being updated, is the presumption that we know what the law was or has been. I think therefore that staying updated on the law, begins with going back to its very origins. The history of the law is what will help you effectively understand the present. And so, focus on reading law reports (they’re freely available on ESCR now); the further into the past you go, the easier it becomes to keep up with the latest developments. 

    Coming to building a law practice, I don’t think I’m successful, given where I’d thought of getting by now, when I was a student. But yes, given where I began, I’m satisfied; much more than that actually. This is to say that I don’t think I’m qualified enough to  talk about building a successful practice, just yet. What I can offer, however, is advice in the form of a few eternal truths that I’ve come to know,  not understand. Know. 

    1) Your ability to succeed at anything is no small measure, directly proportionate to your ability to stick it out. There’s a reason they say that a rolling stone gathers no moss. 

    2) The more you read, the luckier you get. Especially the bare text of the law. 

    3) Procedure and Evidence are the keys to any door when it comes to civil and commercial work; and,

    4) You are your biggest resource. Never sell yourself short.  

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