Super Lawyer

Category: Interviews

  • “The intricacies you learn from Senior Counsels and how you evolve and transform into arguing the same issues yourself is what stands out for me.” – Gauhar Mirza, Partner at Cyril Amarchand Mangaldas

    “The intricacies you learn from Senior Counsels and how you evolve and transform into arguing the same issues yourself is what stands out for me.” – Gauhar Mirza, Partner at Cyril Amarchand Mangaldas

    This interview has been published by Namrata Singh and The SuperLawyer Team

    We’d love to know more about your journey in the legal field. Can you share what inspired you to specialize in technology law and pursue a career in arbitration and corporate litigation?

    My journey as a lawyer technically started in the year 2010, however, I have regularly interned at different offices since 2006-07 (even during law school). I started my career as a chamber junior to Ms. Manmeet Arora (who is now a Judge at the Hon’ble Delhi High). I can proudly say that I was trained by the best and the initial chamber training prepared me for what I was bound to do in my career. Later I moved to Luthra & Luthra Law offices (which it then was), progressing further to being a Partner at SAM and presently, I am a Partner at CAM. My journey from college days till date has been a roller coaster ride, with different experiences, ranging from doing the Aircel Maxis Spectrum Trial, to representing Tech Giants in almost all spheres, to recently being part of the much celebrated NN Global matter. My interest in Tech law grew with my inquisition towards small issues that we face on a daily basis. If you see, Tech and Arbitration are the two fields that are ever-evolving and I think that’s my inspiration.

    As a “Future Star” in arbitration, could you tell us about a particularly challenging or interesting case you’ve worked on recently and what made it stand out for you?

    In the order of ranking, the most challenging matters that I have been part of as a briefing Counsel would be HCC Ltd. Vs. UOI & Ors. 2019 SCC Onlibe SC 1520, where the 3-Judge Bench of the Supreme Court struck down Section 87 of the A&C Act, second would be Kal Airways vs. SpiceJet Ltd. & Anr. which is still a landmark on Section 9 A&C Act. Recently, I have argued a few important arbitration matters before the Delhi High Court, including HCC vs. NHPC, 2023 SCC Online Del 819, which decided an important question on bank guarantees and till what point the same have to be maintained in case the arbitral award is under challenge. This was special to me as recently I got a call from a Senior Counsel who told me that they relied on this judgment and got an order before the Rajasthan High Court. The next and very important issue on Section 28(2) of the A&C act which I argued before the Delhi High Court is NHPC vs JP Associates Ltd., 2023 SCC Online Del 3294, i argued on Section 31 and 28 (2) and got the award partially set-aside. As mentioned earlier, recently I have made submissions before the Supreme Court in the case of NN Global which put to rest the issue of stamping. Each case was challenging in its own way. The intricacies you learn from Senior Counsels and how you evolve and transform into arguing the same issues yourself is what stands out for me.

    Being a member of the Steering Committee at IAMC, how do you see the landscape of international arbitration evolving, especially in the context of technology-related disputes?

    I believe arbitration is one field that runs totally on stakeholder involvement. We as practitioners and arbitrators are constantly evolving the field and ourselves. Being part of an institution gives us the platform to get more ideas. The evolution of arbitration in the international context and specifically technology-related disputes has been increasing recently. I Have recently finished arguments in an arbitration where the underlying issue was the performance of an App designed in a particular way. While we still have time to see big tech-related disputes being referred to arbitration, we are taking baby steps towards it and the future is bright for the generation that is following us.

    You’ve represented tech companies on issues related to intellectual property and regulatory frameworks. What, in your opinion, is the most exciting or challenging aspect of navigating the legal landscape in the technology sector today?

    As I said earlier, the ever-changing nature of Tech is what is the most challenging part of it. While you learn to deal with one particular issue, you won’t even know that the same is obsolete and you have to move to learn the new version. The IP and regulatory framework issues that I have dealt with personally have also changes their nature and shape. Litigants are becoming smarter by the day and know how to navigate the entire ecosystem.

    In your career, you’ve dealt with a wide range of disputes in infrastructure, real estate, and corporate matters. Is there a piece of advice you often find yourself giving to clients facing such diverse challenges?

    My first advice to every client, whether it’s an infrastructure, real estate, tech or any other issue is to find out a way to settle the matter, so it is a win-win situation for all. Prolonged litigation is what each corporate now wants to avoid and that makes complete sense when it comes to business efficiency and cost benefit analysis.

    Having worked on a variety of international commercial arbitrations, can you share some insights into the differences or nuances you’ve encountered in dealing with disputes on a global scale?

    I have never found anything very different even while dealing with an international dispute. The ways and methods may be different, but the approach is the same. Yes, if I have to point out a few distinguishing factors, I would say the sophistication and systematic approach that is adopted internationally, is something we must even adopt in our domestic arbitrations.

    Representing major tech giants in various matters is certainly impressive. Can you share a bit about the unique challenges or dynamics involved in handling cases for major social media platforms?

    The most unique challenge that a lawyer faces in such cases is that any of your actions/reaction in Court will have a far-reaching impact on the entire industry. So whatever way you are presenting your case- pleadings, submissions or oral arguments, have to be well thought out and based on parameters that do not only do good for your client, but for the industry at large.

    Given your extensive experience, what skills or qualities do you believe set apart successful lawyers in today’s competitive environment, and how can law students cultivate these attributes during their academic years?

    The ability to keep yourself abreast with the latest changes to law, with knowledge of the first principles is what will set you apart. The learning will never stop but one tips I can give to youngsters is that they should be observant. The Red-car theory is something I always believe in. Never say no to any work that comes your way and dedicate yourself to the profession. During academic years, focus on bare acts and law journals. Once you start practising you will constrain yourself to the books that you will be using in your case, so today is the best time to read]

    Many students contemplate between pursuing a career in litigation or opting for judiciary preparation. What factors should they consider when making this decision, and are there benefits to gaining experience in both areas early in one’s career?

    I think if someone wishes to pursue judiciary, they should start visiting District Court in as many districts as they can. See what is happening in Courts and are you up for it. For litigation, similarly start early. Observe how trials are done, how lawyers argue, how they act in Court and how the judges react. By following this, one can totally connect with what they would want to do and develop the Rio interest accordingly.

    Switching gears a bit, outside of the legal realm, what are your personal hobbies or interests that you enjoy in your free time?

    I am a biker and a super bike lover. I love to ride early morning during weekends (if work permits). I also like listening to old songs and ghazals and to justify my surname, I have slight inclination towards poetry 🙂

    Lastly, we’d like to know your perspective on mentorship. Have there been mentors or individuals in your career who significantly influenced your professional growth, and what lessons have you carried forward from them?

    Mentors play a very important role in this profession. Whether some is teaching you with interest or you learn by just following them, the idea is to learn. The most important part of this mentorship is that no one will come and tell you that they are your mentor. You have to choose yourself and follow them. I am lucky to have many mentors in the profession, starting from Ms. Manmeet Arora (“it’s a people’s profession”), Mr. Gaurav Duggal (“anything is possible if you want”), Mr. RS Suri, Sr. Adv (“money isn’t everything”), Mr. Anirban Bhattacharya (“eat, sleep litigate”) and Mr. Tejas Karia (“build your team”). Each one of them I chose as my mentor and all of them at one point or another have taught me things that have helped me grow as an individual and a lawyer and they all continue to inspire me every day.

    Get in touch with Gauhar Mirza-

  • “Embrace change, stay open to new technologies, and be willing to pivot when necessary to meet the evolving needs of clients and the legal profession”- Prerna Oberoi, Founder at Lex Mores Law Firm

    “Embrace change, stay open to new technologies, and be willing to pivot when necessary to meet the evolving needs of clients and the legal profession”- Prerna Oberoi, Founder at Lex Mores Law Firm

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Ma’am, could you please share with our readers how your journey into law began, and what inspired you to pursue a career in the legal field?

    Certainly! My journey into the field of law began with a strong desire to have a voice and advocate for what is right. Growing up in India, like many others, I experienced the challenges of a patriarchal society. Having a voice at the right time and articulating oneself intelligently became incredibly important to me.

    The legal field stood out as the perfect avenue to channel my passion for justice and equality. It offered the tools and knowledge to not only understand the intricacies of the legal system but also to actively participate in shaping and influencing it. Law, to me, was a means to effect positive change, challenge stereotypes, and work towards a more just and equitable society.

    The inspiration to pursue a career in law came from witnessing the power that legal professionals have to make a difference in people’s lives. Whether it’s advocating for the minorities, upholding the principles of justice, or fighting for the rights of individuals, the legal field holds immense potential to drive meaningful change.

    I was particularly drawn to the idea of using the law as a tool for social justice and empowerment. My journey into law has been a journey of self-discovery, growth, and a continuous commitment to making a positive impact on the world. It’s a field that allows me to stand up for what I believe in and contribute to a fairer and more equitable society.

    In summary, my journey into law was inspired by the desire to have a voice and articulate myself in the right manner, working towards a more just and equitable society where the principles of justice and equality prevail. It has been a fulfilling and purpose-driven path, and I remain passionate about the transformative potential of the legal field.

    Given your diverse experiences as a Lawyer at various organizations, what were the key factors that led you to establish Lex Mores as a global law practice?

    Pursuing my Masters in Law at Osgoode Hall Law School, York University, in Toronto, Canada, and gaining diverse experiences in both India and Toronto played a pivotal role in leading me to establish Lex Mores as a global law practice.

    During my time abroad, I recognized the global perception of law as a noble profession, where clients seek ethical and moral legal guidance. This understanding deeply resonated with me, and it became a top priority to uphold ethical standards in my practice. Hence, I chose the name Lex Mores, which signifies “law with morality.”

    My experiences abroad also exposed me to legal ecosystems designed to discourage litigation. Measures such as higher court fees and an informed consumer base facilitated swift dispute resolution. This contrasted with the mindset I encountered upon returning to India, where the focus was often on resolving legal issues rather than preventing them. Here, the importance of legal guidance and establishing clear obligations at the outset of business ventures was frequently underestimated.

    My tenure working with one of Canada’s largest retail chains, combined with my Masters in International Business Law, allowed me to draw parallels between business practices in Canada and India. I came to realize the profound impact of legal awareness on business operations. This revelation motivated me to educate my clients, especially startups and MSMEs, about the crucial role of legal counsel right from the inception of their businesses.

    While larger companies in India understood the need for corporate legal advice due to their higher stakes, startups and MSMEs often overlooked this essential aspect. I firmly believed that instilling in these smaller businesses the significance of legal guidance from the outset could enable them to structure their operations more effectively and reduce the risk of disputes with partners, employees, vendors, and other stakeholders.

    In essence, my international experiences and legal knowledge fueled my passion to establish Lex Mores as a global law practice. My overarching goal has been to empower businesses, especially startups and MSMEs, with the legal insights they need to build well-structured enterprises and contribute to the reduction of litigation in India.

    In your role as the Founder and Managing Partner of Lex Mores, how do you navigate the challenges posed by market disruptions and ever-evolving legal landscapes?


    As the Founder and Managing Partner of Lex Mores, with over a decade of experience in the legal industry, I have come to appreciate the positive impact of evolution. Change is a constant in life, and I firmly believe that market disruptions and the ever-evolving legal landscape are not challenges but opportunities.

    At Lex Mores, we have taken proactive measures to navigate these changes effectively. We understand that disruptions can bring us closer to our purpose, which is to make corporate law accessible and beneficial to startups and MSMEs. To achieve this goal, we entered the realm of Legal Tech through Lex Mores Tech Pvt Ltd, leveraging technology to raise awareness about the importance of corporate law among our clients.

    In addition, we have developed a platform called “www.contractbazar.com,” which facilitates proactive legal work conveniently and offers transparent pricing and standardization. This platform is specifically tailored to cater to startups and MSMEs, making it easier for them to establish robust businesses in India.

    With the changing dynamics of society, businesses are becoming increasingly aware of the need for the right legal advice. Technology plays a pivotal role in enabling businesses to work with lawyers without the burden of heavy infrastructure investment or exorbitant fees associated with retainers.

    In essence, we view disruption as an opportunity to enhance and innovate our services. By embracing technology and adapting to the evolving legal landscape, we can better serve our clients and empower them to thrive in the dynamic Indian market.

    Having worked in legal roles across different countries, how do you leverage your global experiences to provide solutions in both developed and emerging economies?

     
    Having worked in legal roles across different countries, I have gained a deep appreciation for the need to adapt to diverse legal systems and cultures. This global experience equips me to better understand the needs, desires, and problems of my clients, allowing me to provide comprehensive solutions to clients operating in both developed and emerging economies.

    I leverage my insights from various jurisdictions to offer well-rounded strategies that are not only legally sound but also culturally sensitive. By drawing on the best practices I’ve encountered, I can tailor solutions to address the specific challenges presented by each economy.

    In essence, my global experiences enable me to bridge the gap between different legal landscapes and guide clients toward successful outcomes in both developed and emerging markets.

    Can you share a memorable or challenging experience from your work experience, either abroad or in India, that has significantly contributed to your professional growth?

    Certainly, I have a significant and memorable experience from my legal career, which occurred during my tenure in Canada while working at a law firm. I had the privilege of learning from a senior lawyer while we were providing legal counsel to a small startup entangled in a contractual dispute with a much larger corporation. The founder of the startup was incredibly passionate about his business and was resolute in protecting its interests.

    In our initial meeting, the startup founder candidly expressed his concerns, objectives, and the emotional toll the dispute had taken on him. As we delved into the legal complexities of the matter, it became evident that the issue transcended mere contractual terms; it was intricately tied to his dream and vision for his company.

    Rather than immediately delving into legal jargon and tactical strategies, my senior chose a different path. He decided to empathize with the founder’s predicament, and we listened attentively, not only to the words but also to the emotions underlying them. This approach allowed us to genuinely comprehend the founder’s ultimate goal.

    My senior advised that instead of pursuing litigation, we should explore mediation as a remedy. This approach might require some concessions, but it would help save the company without disrupting its operations, which could have been a possible outcome if the case went against us. This solution served the bigger purpose for the client.

    Through this experience, I came to realize that while the legal aspects were undeniably important, what mattered most to our client was not just winning the legal battle but preserving the essence of his startup. It was about safeguarding the dreams and aspirations of his team members who had poured their passion and dedication into the venture.

    This experience significantly influenced my understanding of the importance of fulfilling our clients’ expectations as lawyers. However, the professional satisfaction I gain as a lawyer from working in the right manner with my clients and mastering the art of empathy became even clearer when I read the book “Think Like a Monk” by Jay Shetty . The book underscored the concept that true fulfilment comes from meeting the needs of others and highlighted the synergy between “Varna” (passion and skills) and “Sewa” (understanding the needs and serving others). Together, these principles contribute to one’s “Dharma” or purpose in life. This philosophy has since become an integral part of my approach to both my legal career and life as a whole.

    As the legal profession increasingly integrates technology, how do you employ cutting-edge legal technology to assist clients in overcoming challenges in today’s economic system?

    In today’s evolving legal landscape, technology plays a pivotal role in enhancing the services we offer to our clients. We harness cutting-edge legal technology to efficient and cost-effective solutions. Our focus extends beyond the traditional legal advisory role; we aim to empower clients to make informed business decisions right from the inception of their ventures.

    At www.contractbazar.com we are developing solutions that help clients gain a clear understanding of their business needs, enabling them to make strategic decisions. By engaging with corporate lawyers early in their business journey, clients can navigate potential legal challenges with foresight and confidence.

    By embracing these technologies, we ensure that our clients are well-prepared to navigate the intricacies of the modern economic system, ultimately helping them achieve their goals effectively and efficiently.

    You pursued an LL.M. in International Business Law at York University – Osgoode Hall Law School and then passed NCA exams to be a lawyer in Canada. How has this additional qualification enhanced your capabilities and influenced your approach to handling global legal challenges?

    Pursuing an LL.M. in International Business Law at York University – Osgoode Hall Law School and clearing the NCA exams to become a lawyer in Canada has significantly enhanced my capabilities and greatly influenced my approach to handling global legal challenges.

    In-Depth Understanding of International Law: The LL.M. program provided me with a comprehensive understanding of international law, trade, and business regulations. This knowledge is invaluable when dealing with cross-border legal issues and international transactions.

    Cultural Sensitivity: Studying and practicing law in a diverse and multicultural environment like Canada has heightened my cultural sensitivity. It has taught me to approach legal challenges with an awareness of cultural nuances, which is crucial when working on global matters.

    Multi-Jurisdictional Expertise: The NCA exams and subsequent qualification as a lawyer in Canada equipped me with expertise in Canadian law. This dual qualification allows me to navigate legal issues involving multiple jurisdictions with ease and confidence.

    Global Network: During my studies and legal practice in Canada, I had the opportunity to build a global network of legal professionals. This network is a valuable resource for gaining insights, collaborating on international cases, and accessing legal expertise from around the world.

    Client-Centered Approach: My international legal education and experience have reinforced the importance of a client-centered approach. Understanding the unique needs and goals of clients from diverse backgrounds is essential in providing tailored legal solutions.

    Risk Assessment: Handling international business law matters requires a keen ability to assess and mitigate risks. My additional qualifications have honed my risk assessment skills, allowing me to provide proactive legal advice to clients entering global markets.

    Adaptability: Dealing with international legal challenges often involves adapting to varying legal systems, languages, and business practices. My education and experience have made me adaptable and resourceful when encountering unfamiliar legal terrain.

    Global Perspective: I now approach legal challenges with a broader global perspective. I consider how local and international factors interplay in legal matters, enabling me to provide comprehensive advice that takes into account the bigger picture.

    In conclusion, my additional qualifications have not only expanded my legal knowledge but have also shaped my mindset and approach to handling global legal challenges. They have equipped me with the skills, expertise, and perspective needed to navigate the complexities of international business law effectively and provide top-notch legal solutions to clients operating in the global arena.

    Considering your journey from being a law student to the Founder of Lex Mores, what advice would you like to give to law students or fresh graduates aspiring to thrive in a dynamic legal environment?

    My journey from being a law student to the Founder of Lex Mores has been a rewarding experience filled with valuable lessons. To law students and fresh graduates aspiring to thrive in today’s dynamic legal environment, I offer the following advice:

    1. Embrace Lifelong Learning: The legal field is constantly evolving, and it’s essential to have a thirst for knowledge. Never stop learning, whether through formal education, professional development courses, or staying updated on legal developments.
    2. Develop Soft Skills: While legal knowledge is crucial, soft skills such as communication, negotiation, and problem-solving are equally vital. Focus on honing these skills, as they will set you apart as a well-rounded legal professional.
    3. Build a Strong Network: Networking is key in the legal industry. Cultivate relationships with mentors, peers, and professionals in various legal sectors. A strong network can provide guidance, opportunities, and support throughout your career.
    4. Seek Practical Experience: Practical experience is invaluable. Look for internships, clerkships, or pro bono opportunities to gain hands-on experience and understand how legal theory translates into real-world practice.
    5. Be Adaptable: The legal landscape is dynamic, and adaptability is essential. Embrace change, stay open to new technologies, and be willing to pivot when necessary to meet the evolving needs of clients and the legal profession.
    6. Ethics and Integrity: Uphold the highest ethical standards in your practice. Trust and integrity are the foundation of a successful legal career.
    7. Pursue Your Passions: Find your niche within the legal field that aligns with your passions and interests. Specialization can lead to a more fulfilling and impactful career.
    8. Persistence Pays Off: Success in law often requires persistence and resilience. Don’t be discouraged by challenges or setbacks; they are opportunities for growth.
    9. Balance Work and Life: Achieving work-life balance is crucial for long-term success and well-being. Make time for self-care, family, and personal interests.
    10. Stay Visionary: Have a clear vision of where you want your legal career to go. Set goals, both short-term and long-term, and work diligently towards achieving them.

    By embracing these principles, you can not only thrive in the dynamic legal environment but also make a meaningful and lasting impact in your legal career.

    Click below for the link tree of Prerna Oberoi-

  • “Working across the country on various contracts and projects requires not only a better understanding of the task but also a team effort and leadership”- Archana Mishra Kaul, Founder, Vicis Corpus Juris

    “Working across the country on various contracts and projects requires not only a better understanding of the task but also a team effort and leadership”- Archana Mishra Kaul, Founder, Vicis Corpus Juris

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Can you share the story of how you embarked on your career in law? What initially drew you to corporate commercial law, litigation, and alternate dispute resolution?

    The prompt cause of getting into the legal profession is associated with my father who drew my attention towards this profession in my childhood. While I was growing up I witnessed my father working hard while being always surrounded by his clients and juniors, studying case files, researching All India Reporter, and giving dictation to his typist of cases till late at night. I think those were the facts that played a pivotal role in developing my deep interest in the legal profession.

    Immediately, after completing my law from Banaras Hindu University, I started practicing Criminal law before the Hon’ble High Court of Allahabad, at Allahabad Bench, and with the grace of God and my mother’s well wishes I soon presented my very first case and secured the desired order in the form of Direction given by the Hon’ble High Court of Allahabad which boosted my confidence as a lawyer and the journey never stopped after that. While I was practicing in Allahabad High Court, I had opportunities to handle a few corporate matters before the Apex Court which made me realize that I needed to explore my practice to other aspects of law which led me to practice in various Delhi Courts where I explored my practice into the Corporate side of law and matters related to Dispute Resolution since these are new in demand in our industry and becoming primary option of corporates. 

    Your profile reflects an extensive background in various legal domains, from real estate litigation to corporate litigation at the Supreme Court. How did you navigate these diverse areas, and what motivated you to explore such a wide range of legal practices?

    What best worked for me as motivation, is my willingness to learn which I have had from my childhood and I still have so much to learn and I am quite sure that learning will take me to a whole new level of my practice. The pursuit of learning and exploring different aspects of the law have kept me open to the matters of other different dimensions in my law practice where I could deal with the various nature of work including corporate matters such as finalizing Tender with government bodies including RFP/RFQ, LOI, Agreement assimilation, Criminal, Civil, RERA, Consumer matters, matrimonial cases, matter of NDPS, ARMS Act, Environmental issues and especially my Pro Bono works for the Labours. 

    With a core expertise in winning cases for your clients, can you highlight a specific instance or case that you consider a significant achievement in your career so far?

    There have been multiple significant cases that I consider as achievements in my career so far in the duration of the last 10 years, however, I would like to share one of my experiences which has been a milestone case for me till present. I once had the chance to represent a husband who was a victim of false charges under section 308 of IPC and was not able to get released on bail for a long time. Wherein I had the opportunity to Argue before the Hon’ble High Court, extensively based on the medical report of the informant elaborating Medical Jurisprudence related to the Court, and successfully secured the release of my client from jail by filing 3rd Bail Application. Another enthralling experience in the journey of my law practice so far has been pro bono cases that I have been doing across the country for construction laborers whose daily wages are illegally kept by their contractors and sometimes by their principal employer. 

    Balancing legal management, risk analysis, and project delivery across the country is no small feat. How do you manage such a diverse set of responsibilities, especially when it comes to litigation and arbitration for the company?

    I have been blessed with Balancing different dimensions of work with the help of my team in different roles and liabilities as per the requirement of the client. Working across the country on various contracts and projects requires not only a better understanding of the task but also a team effort and leadership. I would say, more than an individual, it is always a collective skill of my team who channelize their expertise and capabilities into their assigned task of legal management and risk analysis of various projects. 

    Reflecting on your journey from the Bar Council enrollment to your current role, how has your education, including LLB from Banaras Hindu University, contributed to your professional growth?

    A lawyer’s journey from the Bar Council Enrollment is always a roller coaster and mine as well is no different as it’s been more than a decade that has passed in this journey which has given me millions of experiences, be it better or worse, complex or simple, all it does is adds up value to my profession as more and more I polish myself into this profession. I still remember being a second-generation lawyer. I started practicing law with nothing in my hand and I kept struggling relentlessly for cases but I made it all meaningful when I got my first case. Even at present, I feel bound to give my best ever effort to every single case I represent before the Court. I would say most lawyers would actually agree when I say that what we study as law students in Law Schools is completely different from what we experience in reality but what remains embedded and enclosed to us during our entire professional journey is the spirit of being a lawyer that has brought us to this journey.    

    Throughout your career, you’ve worked on diverse cases, including real estate litigation and criminal matters. Can you share a challenging experience that provided valuable lessons and shaped your approach as a lawyer?

    In a decade’s journey of practicing law, I would say a few cases were challenging to the level that completely impacted my perspective. I had the opportunity to witness the remarkable change in the Consumer Protection Act while experiencing massive real estate exposure with cases against the Supertech Builders which started from NCDRC with only one client as a home buyer and ended up with a huge bulk of them against the builder before the Hon’ble Supreme Court leading the landmark judgment against Supertech.  

    Another challenging experience I would say was a pro-bono case when I was approached by a poor laborer for a matter of recovery of his daily wages that were maliciously kept on hold by the Contractor. I took on his case but later on, I started receiving requests from a massive group of laborers for the same issue which made me act on their behalf against not only one big-shot company but a lot of reputed construction companies which were beyond my expectation. Then I realized that the labor class needs representation before big companies for their grievances to get resolved by someone prudent at the ground level because not everyone can gather the courage to file a case before the court and contest it. As a lawyer, I deeply felt it is a big challenge for our fraternity to contribute our service to those classes who are important parts of our society and building our houses but are unable to feed their own family because of lack of knowledge and forced hunger on them.  

    Drawing from your experiences, what advice would you like to give to fresh law graduates aspiring to build successful careers in law, considering the diverse landscape of legal practice and the dynamic nature of the profession?

    Considering the diverse landscape of my legal practice, the only advice I would pass on to the fresh law graduates is that along with building their careers in the legal fraternity they must build up their personalities which reflect their smart work and prudency of the legal knowledge along with its better usage in the society. 

    Get in touch with Archana Mishra Kaul-

  • “Resolving disputes in derivative transactions presents unique challenges, often rooted in complex financial structures and regulatory nuances”- Smrithi Nair, Partner at Juris Corp

    “Resolving disputes in derivative transactions presents unique challenges, often rooted in complex financial structures and regulatory nuances”- Smrithi Nair, Partner at Juris Corp

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Can you share with us your journey and how you ended up practicing law, particularly in the areas of Capital Markets, Derivatives, Financial Services & Regulatory, and Payment and Settlement Systems?

    Certainly. Given my interest in commerce, business law and financing I pursued a bachelor’s degree in Commerce. My further interest in the field of law led me to pursue a degree of Bachelor of Commerce (BCom) in 2010. I started my professional career as an Article Clerk at Kanga & Co, gaining valuable experience from August 2011 to August 2013 under the guidance of Mr. Dhaval Vussonji and Ms. Prachi Dave. During this time, I honed my legal skills and developed a keen interest in the intricacies of financial law.

    You have a specialization in debt issuances and marked-linked debentures. How did you develop an interest in this area of law, and what are some of the notable projects or transactions you’ve worked on?

    My specialization in debt issuances and market-linked debentures evolved over the course of my career. As an Associate at VND & Associates (now Dhaval Vussonji & Associates) and later at Juris Corp, I actively engaged in advising clients on debt issuances, which sparked my interest in this niche area. 

    As someone who regularly advises the International Swaps and Derivatives Association (ISDA) and various clients in the financial industry, could you tell us about the unique challenges and opportunities that arise in the derivatives market?

    Advising ISDA and diverse clients in the financial industry has exposed me to the dynamic landscape of the derivatives market. The challenges often stem from the evolving regulatory framework and the need for precise documentation. ISDA being an industry body requires me as a lawyer to think one-step ahead to foresee the practical challenges that may crop up due to the ever changing legal & regulatory landscape of India and accordingly liaising with them, market participants and the respective regulators to ensure a smooth Indian derivatives market.

    ISDA has also been integral in getting my name on the international stage as a derivatives lawyer. I recently went to Singapore to deliver a masterclass on Derivatives and it was a learning experience. 

    Your involvement with the Fixed Income Money Market and Derivatives Association of India (FIMMDA) and the National Stock Exchange of India Limited (NSE) showcases a broad range of experiences. How has working with these organizations contributed to your expertise in the financial services sector?

    Working closely with FIMMDA and NSE has been instrumental in broadening my understanding of the financial services sector. These experiences have provided unique insights into listing compliances, platform establishment, and various facets of the financial markets. Collaborating with these organizations has been a cornerstone in developing a holistic approach to financial law.

    The Payment and Settlement Systems Practice is an integral part of your work. Could you shed some light on the role of legal professionals in this area and how it impacts the functioning of financial markets?

    In the Payment and Settlement Systems Practice, legal professionals play a crucial role in ensuring the smooth functioning of financial markets. Our responsibilities include navigating regulatory requirements, advising on compliance, and addressing legal challenges to maintain the integrity of payment and settlement systems. By doing so, we contribute to the stability and efficiency of the broader financial ecosystem.

    You’ve authored several articles and publications related to derivatives and sustainability-linked financial instruments. Can you discuss the importance of sustainability-linked derivatives in today’s financial landscape and their potential impact on green finance?

    Authoring articles on sustainability-linked derivatives reflects my commitment to exploring innovative and responsible financial practices. In today’s landscape, sustainability-linked derivatives play a pivotal role in promoting environmentally conscious investments. These instruments not only align with global sustainability goals but also present opportunities for businesses to contribute to green finance, fostering a more sustainable and responsible financial sector.

    Juris Corp is considered a premier law firm in the derivatives space, and you head the derivatives practice there. What sets Juris Corp apart, and how do you ensure the highest level of service for your clients?

    Juris Corp stands out in the derivatives space due to its unwavering commitment to excellence and deep industry knowledge. Our team’s collective expertise, coupled with a client-centric approach, allows us to provide tailored solutions. We prioritize staying abreast of industry developments, ensuring that our clients receive the highest level of service backed by cutting-edge legal insights.

    Dispute resolution is another aspect of your work, particularly concerning potential disputes arising from derivative transactions. What are some of the common challenges you face in resolving such disputes, and how do you approach these complex situations?

    Resolving disputes in derivative transactions presents unique challenges, often rooted in complex financial structures and regulatory nuances. We approach these situations with a meticulous strategy, combining legal acumen with a deep understanding of the financial markets. Our goal is to achieve amicable resolutions while safeguarding our clients’ interests and maintaining the integrity of the financial agreements involved.

    Throughout your career, you have conducted presentations and seminars on regulatory changes in the Indian derivatives market. Could you share some key insights from these sessions and how these changes affect derivative products?

    Conducting presentations on regulatory changes in the Indian derivatives market has been an enriching experience. Key insights revolve around the need for adaptability in response to evolving regulations. Understanding these changes is vital for crafting effective legal strategies, ensuring compliance, and mitigating risks. Derivative products must align with the regulatory landscape to maintain their relevance and integrity in the market.

    As a successful partner and expert in your field, what advice would you give to fresh law graduates or aspiring lawyers looking to pursue a career in the areas of Capital Markets, Derivatives, Financial Services & Regulatory, and Payment and Settlement Systems? What key skills and experiences do you think they should focus on developing?

    For fresh law graduates aspiring to excel in Capital Markets, Derivatives, Financial Services & Regulatory, and Payment and Settlement Systems, I recommend focusing on a few key aspects. Firstly, build a strong foundation in financial law through continuous learning and staying updated on industry developments. Develop excellent analytical and problem-solving skills, as these areas often involve intricate legal and financial complexities, this will come with reading case laws. Networking and building relationships within the industry are also crucial, as they open doors to valuable opportunities and insights. Finally, cultivate effective communication skills, as conveying complex legal concepts to clients and colleagues is integral to success in these specialized fields.

    Get in touch with Smrithi nair-

  • Ramakrishnan Viraraghavan (RKV). Senior Advocate, Supreme Court and bestselling author on GST Laws shares his learning on legal writing, lecturing at National Judicial Academy and pursuing LLM after three decades of practice

    Ramakrishnan Viraraghavan (RKV). Senior Advocate, Supreme Court and bestselling author on GST Laws shares his learning on legal writing, lecturing at National Judicial Academy and pursuing LLM after three decades of practice

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Congratulations on the success of your book The Law of Goods and Services Tax: A Comprehensive Internet Age Commentary. Tax is primarily an auditor’s topic and a territory of Chartered Accountants. Why did you choose to write a book on GST Laws?


    I started my practice in the 1980’s in an age of information scarcity. I had a degree in commerce and then a law degree. I worked under my maternal uncle who was a tax lawyer. I enjoyed the complexity of tax practice and specialized in tax litigation, appearing before various tribunals. My exposure to accounting and accounting principles in my commerce degree was a huge advantage in commercial and tax litigation. In my experience, judges and lawyers without an accounting background feel challenged by accounts and accounting entries. Understanding these is essential for tax litigation . Much of my advocacy in the High Courts and the Supreme Court is to simplify accounting principles and concepts and explain them in a legal language acceptable to the legal mind.  . 

    After GST laws were enacted in 2017, I saw tax lawyers and practitioners instructing me struggle with the complexities of GST legislation. Unlike the Income Tax Act, GST Laws did not have any standard commentary. I decided to do something about it and began writing. My book is  a focused and penetrative commentary, an original writing on GST laws . It took me four years to complete my book. 

    I wrote a commentary in simple language avoiding legal jargon and overflow of citations. Considering the daily information overload on tax practitioners, I wanted to write a book which tax lawyers and practitioners could read on the way to the court or the tribunal and succeed in their arguments.

    It is an internet age commentary which avoids copious extracts from judgments, circulars, and GST notifications to the greatest extent possible. The book refers to a large number of decisions of the courts and rulings of the advanced ruling authorities. However, these references are given only as footnotes to the commentary. The relevant page and para number is given in the footnote. This will make it easier for the reader to locate the relevant para and cite the decision. The book also points out defects and deficiencies in judgments of the courts and advance rulings. It gives possible answers to legal issues (such as betting, racing and online gaming)  which have not been decided by the courts so far. My book is gender neutral. I avoided using ‘he’ or ‘she’ unless absolutely necessary. 

    Your involvement at the National Judicial Academy, conducting sessions for newly elevated High Court Judges and Judges from other jurisdictions is unique and commendable. How has this experience influenced your own perspective on the legal profession? 

    These experiences have made me deeply sympathetic and understanding of the plight of an average judge. Judges face enormous pressure disposing of matters, sitting in committees and simultaneously handling tons of administrative work. I am no longer irritated when a judge does not read the papers fully or adjourns a matter for want of time. Lawyers must understand that judges are also human beings. Judges also feel hunger, body pain and tiredness. Mental fatigue and irritability set in any judge, any human being after hearing arguments day after day, week after week without time to recover or recoup energy. 

    My advocacy has become judge-centric. I now see myself as a senior advocate assisting the court rather than arguing before the court. The best of arguments should be made in a manner helpful for the judge to write the judgment in the client’s favour. Good advocacy should give the judge a quick and easy solution to the dispute. No judge anywhere is interested in long arguments showcasing the lawyers’ erudition.

     You’ve authored publications, conducted sessions on law for judges, and played a role in drafting rules. Could you share the motivations behind your contributions to legal literature, legal education, and rule-making, and how do you believe these efforts contribute to the legal community?

    I did not have any specific motivation to do all of these. The legal profession rewards good work with more work. My first book was on the Madras High Court Letters Patent, Appellate and Original Side Rules. The book was successful and resulted in the Chief Justice appointing me on the Court Fees Rationalisation Committee. The committee’s well drafted report was accepted by the government and by the High Court without modifications. 

    This led to my appointment on the Madras High Court Arbitration Committee and on the Madras High Court Rule Committee. My contributions here were kindly appreciated and I continue to be on the Rule Committee although I have shifted to the Supreme Court. Similarly, the success of my first book led to publishers inviting me to more books.

     There are two lessons from all of these. Firstly, one must grab every opportunity that presents itself. Secondly, most opportunities lie outside the comfort zone. Therefore, having grabbed the opportunity, one must struggle, overcome discomfort and grow to the level of the opportunity.

    How have you seen yourself evolving as a Senior Advocate from a raw young law graduate? What role do you believe mentorship plays in your development as a legal professional?

    As a young lawyer, I thought precedents were all important and tried to support every argument with some case law. Now, I realise persuasion is all-important. Arguments with too much case law are like over spicy food. They turn away judges. Arguments must be garnished with minimum case law, just enough to make it attractive and presentable but not beyond. As a young lawyer, I thought I could succeed in my arguments without too much hard work once I became a senior. Now, I realise hard work is a part of the process even as a senior advocate. I had appeared in common-law jurisdictions across three continents. I found hard work was an essential requirement for success at the Bar throughout the world.

    Mentorship is essential for improving the quality of the justice delivery system. I have seen retired judges mentoring sitting judges at the National Judicial Academy. Similarly, advocates must mentor junior advocates. Mentoring must be professional and must meet the needs of the mentee. Mentoring does not mean placating the mentor’s ego by listening to the mentor’s war stories. Real-life examples from the mentor’s past offer valuable guidance but must be fine-tuned towards the mentee’s requirements.

    Sir, could you please share a bit about your background and journey that led you to become a Barrister at Law, practicing in both India and London? What inspired you to pursue a career in law?

    I completed my bachelor’s degree in commerce. Then, I had the option of pursuing management, accounting or law. I applied for an MBA and was offered admission by two prestigious colleges in Mumbai. My father felt I was temperamentally suited for a profession rather than a corporate job. He suggested I could become a chartered accountant or a lawyer. My paternal great-grandfather, my maternal and paternal grandfathers and my uncle were lawyers. Law seemed to be a more attractive choice. I felt I would be bored with accounting. I studied law and became a lawyer. 

    I became a barrister at law by accident. An English barrister met me for legal advice on Indian law. She was impressed by my legal skills and suggested I should become an English barrister. By then, I had put in 25 years as a lawyer in India. I felt becoming a barrister did not add any value to my practice in India. 

    A couple of years later, she convinced me to sign the application papers. Amidst hectic professional life, I studied English law like a maniac and passed the difficult test. I was called to the Bar by the Honourable Society of Inner Temple where Mahatma Gandhi was also called to the Bar. I wanted to return to India after becoming a barrister. However, the Sub-Treasurer of Inner Temple insisted that I should complete my pupillage in England and obtain rights of audience before the English courts. I stayed on, pupilled in barristers’ chambers in London and obtained my practising certificate as well.

    Your educational background is quite diverse, including degrees from the University of Edinburgh, NALSAR University, and the University of Bangalore. How did these experiences shape your approach to law, especially in the areas of international arbitration and commercial litigation?

    LLM from the University of Edinburgh was a game changer for three reasons. Firstly, since I joined LLM after 25 years as a lawyer, I could understand and implement in my practice many legal concepts taught in the course. This would not be possible had I joined LLM immediately after my LLB. 

    Secondly, my writing skills improved enormously. I needed to write concisely and with precision. I could not simply fill up the pages and expect to pass. Almost everything I wrote in my dissertation needed to be supported by citations. The high quality of writing I learnt from LLM helped me write three books on law. 

    Thirdly, a degree from one of the top universities in the world gave me entry to many places. 

    One of the courses in LLM was on international commercial arbitration. The course was taught by a reputed international arbitrator. Learning the nuances of international commercial arbitration helped me become a Fellow of the Chartered Institute of Arbitrators, teach arbitration as an accredited tutor, argue international arbitration matters in Indian courts and finally sit as an international commercial arbitrator abroad.

    Exposure to foreign legal systems such as English law, Scottish law and continental jurisprudence in Europe helped me to think out-of-the-box in identifying new lines of arguments in Indian commercial and tax litigation.

    You’ve been involved in significant matters under the Insolvency and Bankruptcy Code and commercial litigation. Could you share some insights into the challenges and complexities you’ve faced in these areas, especially when dealing with issues such as avoidance applications, corporate liquidation, and company petitions for oppression and mismanagement?

    I have only one insight. The task of an advocate in any complex litigation is to break the complexity into simplicity. Judges hate complexity and love simplicity. Justice Oliver Wendell Holmes said “For the simplicity on this side of complexity, I wouldn’t give you a fig. But for the simplicity on the other side of complexity, for that I would give you anything I have.” It requires enormous hard-work to reach this simplicity.

    As a Fellow of the Chartered Institute of Arbitrators, you’ve been involved in numerous domestic and international arbitrations. Can you discuss some of the key aspects of your experience in arbitration, including any notable cases or challenges you’ve encountered?

    The glaring contrast between domestic and international arbitration is the professionalism in international arbitration. Timelines for pleadings, witness examination and arguments are scrupulously followed by the lawyers in international arbitration. The arbitral tribunal is also well prepared, having studied the pleadings and the evidence well ahead of the hearing. International arbitrators do not have a sense of loyalty to the party appointing them. Domestic arbitration has to travel a long way to catch up with international arbitration. Sitting as an international arbitrator, I see Indian lawyers and Indian law firms rise up to international standards. However, this is absent in domestic arbitrations.

    Lastly, considering your wealth of experience, what advice would you offer to law graduates who are just entering the profession? Are there any key lessons or principles that you wish someone had shared with you at the beginning of your career?

    First, take care of your health. Eat correctly and exercise regularly. Aim to live active and to ripe old age. 

    Secondly, set one small goal, reach the goal. Then set another small goal and so on. Do this consistently. Small goals always trump large goals. 

    Thirdly, remember the journey never ends. Thirty-eight years at the Bar, I am still learning law and improving my skills, daily.

    Fourthly, be kind to yourself (but not indulgent).

    Get in touch with Ramakrishnan Viraraghavan-

  • “Staying abreast of international regulatory changes and having a global network aids in effectively navigating challenges and providing comprehensive solutions”- Apurva Kanvinde, Partner at Juris Corp

    “Staying abreast of international regulatory changes and having a global network aids in effectively navigating challenges and providing comprehensive solutions”- Apurva Kanvinde, Partner at Juris Corp

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Can you tell us about your journey and how you ended up pursuing a career in law, specifically focusing on securities law and debt capital markets?

    Certainly! My journey in the legal field began at Government Law College, Mumbai, where I cultivated a passion for corporate law and legal intricacies. Early on, I worked as a Senior Executive-Legal at SBICAP Trustee Company Ltd, gaining valuable experience. This laid the foundation for my transition to Juris Corp, where I’ve spent over eleven  years honing my skills. My interest in securities law and debt capital markets grew organically as I navigated through various roles, ultimately leading me to head the Securities and Capital Markets Team at Juris Corp.

    Debt capital markets can be quite complex and dynamic. What initially drew you to this particular area of law, and what aspects of it do you find most fascinating?

    The complexity and dynamism of debt capital markets always intrigued me. I was drawn to the challenge of understanding intricate financial structures and regulations. What fascinates me most is the strategic interplay between legal frameworks and financial transactions. It’s a realm where law and finance converge, and I find the synergy between the two truly captivating.

    You’ve played a pivotal role in advising and strategizing on various complex debt capital markets transactions. Could you share an example of a particularly challenging transaction and the key insights you gained from that experience?

    One notable transaction that comes to mind is the issue of global medium term notes by Reliance Industries Limited which was guaranteed by Export Import Bank of India. It was the first transaction guaranteed by Exim Bank. The transaction involved navigating intricate regulatory hurdles and devising innovative structures to meet client objectives and coordinating with various onshore and offshore parties. The challenge was in ensuring compliance while optimizing the financial outcome. This experience reinforced the importance of adaptability and creative problem-solving in the ever-evolving landscape of debt capital markets.

    Your expertise includes representing various foreign portfolio investors, financial institutions, and alternative investment funds. How do you navigate the unique challenges that arise when dealing with international clients and regulatory frameworks?

    Dealing with international clients demands a nuanced understanding of diverse regulatory landscapes. Communication is key. I ensure transparent and open lines of communication, fostering a collaborative approach. Staying abreast of international regulatory changes and having a global network aids in effectively navigating challenges and providing comprehensive solutions.

    You’ve been recognized in various publications and directories as a leading lawyer in debt capital markets. What strategies have you employed to consistently deliver high-quality service to your clients and earn such accolades?
    Consistency in delivering high-quality service involves staying attuned to clients’ needs and industry trends. I prioritize ongoing education to stay ahead of the curve. Building strong client relationships based on trust and transparency has been pivotal. Recognition stems from a client-centric approach and a commitment to delivering value in every transaction.

    The financial and legal landscape is ever-evolving. How do you stay updated with the latest developments and trends in the debt capital markets to ensure your clients receive the best advice possible?

    Staying informed is non-negotiable in our field. I dedicate time to continuous learning through seminars, industry publications, and networking events. Collaborating with colleagues and experts helps exchange insights. Being proactive in monitoring regulatory updates ensures that my advice is not only sound but also aligned with the latest market dynamics.

    In your articles and publications, you’ve covered a wide range of topics related to securities and capital markets. How do you approach breaking down complex legal concepts into easily understandable insights for your readers?

    Simplifying complex concepts is an art. I aim to bridge the gap between legal jargon and accessibility. Analogies, real-world examples, and a step-by-step breakdown are my go-to methods. The goal is to empower readers with a clear understanding, fostering a broader appreciation for the intricacies of securities and capital markets.

    India’s legal and financial environment can present unique challenges. Could you share a specific instance where you had to devise a creative solution to navigate regulatory complexities and achieve your client’s objectives?

    Certainly, there was a case where regulatory hurdles threatened the feasibility of a transaction. is a complex trade involving asset reconstruction companies issuing non principal protection where the returns are linked to security receipts. I proposed a novel structure that adhered to the spirit of the law, we successfully navigated the complexities, achieving the client’s objectives. This reinforced the importance of innovation in problem-solving within the Indian legal landscape.

    You’ve been highly appreciated by your clients for your dedication and determination. How do you maintain a balance between your professional commitments and personal life?

    Maintaining balance is crucial. I prioritize tasks, set realistic expectations, and delegate effectively. Quality, not quantity, is key. Regular breaks and personal time are non-negotiable. It’s about discipline, efficiency and effectiveness in both professional and personal spheres, ensuring that dedication is balanced with a healthy lifestyle.

    As a successful lawyer with substantial experience, what advice would you give to fresh graduates who are considering a career in law, particularly in the field of debt capital markets?

    For fresh graduates entering the legal arena, my advice is to cultivate a deep curiosity for the subject matter. Embrace challenges as learning opportunities, and don’t shy away from interdisciplinary knowledge, especially in finance. Building a strong network, staying adaptable, and continually educating yourself will set a solid foundation. Remember, success in debt capital markets requires a blend of legal acumen and financial understanding.

    Get in touch with Apurva Kanvinde-

  • “Sitting as an arbitrator shifts and broadens your perspective and, ultimately, also makes you a better advocate”-Rohit Bhat international disputes lawyer Freshfields Bruckhaus Deringer

    “Sitting as an arbitrator shifts and broadens your perspective and, ultimately, also makes you a better advocate”-Rohit Bhat international disputes lawyer Freshfields Bruckhaus Deringer

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    You are an international disputes lawyer at Freshfields Bruckhaus Deringer and you also lead Freshfields’ India disputes practice. Can you share with us the journey that led you to where you are today?

    I’ve had a somewhat unconventional path. Fresh out of law school in Bangalore in 2009, I took a leap of faith and moved to Delhi to litigate. As a first-generation lawyer who grew up in Mangalore and Bangalore, I wasn’t sure if I’d find my feet, but generous colleagues and mentors made that possible. 

    My first job was with Mr. Vikas Mehta, an accomplished Advocate on Record in the Supreme Court from whom I learned a great deal about the art and science of dispute resolution. In 2011, I joined Mr. K.K. Venugopal, who, apart from being one of India’s leading lawyers, is a fantastic mentor. His chamber has produced prominent senior advocates and judges, most recently Mr. KV Viswanathan, who was appointed to the Supreme Court last year. I was also fortunate to have the support of Gopal Sankaranarayanan, now a Senior Advocate, who helped me navigate what to me was a new and sometimes inscrutable world.

    A few years into my litigation career, it became clear to me that I would set up my own counsel practice. But before doing that, I wanted to pursue an LLM to deepen my study of public and constitutional law–areas of particular focus for me during my time with Mr. Venugopal. I attended Harvard Law School in 2016, an enriching year in which, among other things, I explored core constitutional issues such as equality and free speech. Upon returning, I began working toward establishing an independent practice, while continuing to assist Mr. Venugopal, who by then was the Attorney General for India.  

    My career shifted quite abruptly at this point. My wife, a journalist, was on a career path that looked increasingly like it would be outside India, which led me to pursue opportunities overseas. International arbitration was a natural fit and I accepted an offer to join the Singapore disputes team at Freshfields, where I have been since November 2018. My focus is international disputes, both commercial and investor-State, across a range of sectors and regions. India is an important part of our practice, and in November 2022, I began leading Freshfields’ India disputes practice. 

    Your experience with Mr. KK Venugopal means that you have handled a large number of cases before the Supreme Court of India, including landmark constitutional cases. Could you elaborate on one of these cases and share the impact it had on shaping your legal career?

    I was fortunate to have worked with Mr. Venugopal on many occasions. They include the case challenging the National Judicial Appointments Commission, the 2G telecom spectrum case, the Aadhar case, and the challenge to criminal defamation in India. The opportunity to work on these legally complex and often politically-charged cases was incredible and gave me a front-row-view to how the greatest Indian legal minds approached these subjects. 

    Working in Mr. Venugopal’s chamber was also rewarding because his juniors have always been an integral part of his team. That means your voice is always heard, your opinions are considered and your work is always credited.  

    You transitioned from the Office of Mr. KK Venugopal. How has your previous experience influenced your approach to handling international cases?

    My experiences in India, especially with Mr. Venugopal, have been instrumental in shaping my approach to complex, high-stakes international cases. But it wasn’t just the grand battles. Tackling hundreds of commercial cases at the Supreme Court solidified my foundation in core contract and commercial issues. Those cases honed my ability to think strategically like a lawyer, identify key issues, and grasp the commercial context. While specific laws may differ, the core approach to applying legal principles remains strikingly similar. A robust foundation from my India experience allowed me to seamlessly transition to the international disputes arena.

    You are on the panel of arbitrators at the Singapore International Arbitration Centre and the Thailand Arbitration Center. How do these panel memberships contribute to your professional growth?

    Serving on these panels gives you the opportunity to be appointed as an arbitrator (of course, appointments are not automatic. These institutions have a robust selection process for each case). Sitting as an arbitrator shifts and broadens your perspective and, ultimately, also makes you a better advocate. You gain a new understanding of what counsel can and should do to better serve their clients and the arbitral process.

    Being recognized as a Future Leader and National Leader in global and Southeast Asia arbitration publications is a significant achievement. How do you think these recognitions have impacted your career, and what advice would you give to young lawyers aspiring for similar recognition?

    Thank you. Such recognition is valuable because it showcases your experience and expertise to a broad swath of the arbitration world and can be a stepping stone to more opportunities. That said, I wouldn’t advise young lawyers to chase it as an endgame. Instead, I’d advise them to focus the early stages of their careers on honing their craft. Good work does eventually get noticed. 

    You are the current Co-chair of Young ICCA. Tell us a little more about how it happened and your work with Young ICCA?

    I’m deeply interested in contributing to the development of arbitration and to ensuring that young practitioners have the support they need to succeed. Young ICCA is a fantastic organization with programs aimed at doing just that. When a co-chair position opened up, I put my hat in the ring. 

    With over 10,000 members, Young ICCA is one of the largest young arbitration bodies in the world. Our core programs are mentorship (we run mentorship cycles, assigning mentors to small groups of young arbitration practitioners), scholarships (we have tie-ups with leading universities to offer fee waivers for Young ICCA scholars), events (all our events are free, and we try hard to ensure they are focused on skills training), and publications (we run a popular essay competition and the winner gets a chance to speak at the ICCA congress). The work I do with Young ICCA is truly rewarding. 

    You’ve co-authored several articles. How important is thought leadership in your field, and how do you stay abreast of the latest developments to contribute meaningfully to the discourse?

    The law is complex and evolves every day. Thinking beyond your immediate case and grappling with the wider legal landscape is crucial to being a good disputes lawyer. Writing an academic piece allows you to dive deep and dissect tough issues from different angles. It widens your aperture and might force you to think ahead about how a particular area of law is likely to develop. 

    As a lawyer in private practice, the trick of course lies in carving out the time for such pursuits. I try to make time every day – okay, almost every day – to keep track of the latest developments in my areas of work and interest.   

    Considering your extensive journey and achievements, what advice would you offer to law graduates who are just starting their careers in the legal field, particularly those aspiring to specialize in international arbitration and dispute resolution?

    When I speak to young lawyers, I always tell them to remember that their legal careers are long. In the early years, what’s vital is building the foundational skills of research and writing, and acquiring a rigorous understanding of first principles. It sounds obvious and intuitive, but all too often, young lawyers feel pressured into picking or committing to a specialized field at the cost of the basics. 

    For lawyers aiming to practice internationally, there are usually two ways to do it. The first is to apply for a training contract with an international law firm, train there, and qualify into an international disputes practice. The second is to work in India for a few years, do a postgraduate degree and then look for opportunities with an international law firm. The second is the harder of the two paths. 

    Get in touch with Rohit Bhat-

  • “Young lawyers should avoid being a generalist and look for specialization. Law is a profession and should be treated as a career which spans 30-40 years.” – Anil Choudhary, Partner at Finsec Law Advisors.

    “Young lawyers should avoid being a generalist and look for specialization. Law is a profession and should be treated as a career which spans 30-40 years.” – Anil Choudhary, Partner at Finsec Law Advisors.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Your journey includes an LL.M. from Harvard Law School and a B.A. LL.B. (Hons.) from NALSAR. How did your time at these prestigious institutions shape your approach to law, and do you have any memorable experiences you’d like to share from your time at Harvard?

    It was a privilege to be part of the two leading law institutions both in India and the world. As a law student, I was exposed to the best professors and brightest of legal minds which helped me develop my curiosity in law. I understood very early that law as a subject is ever evolving and there are no right answers in law. It is all about thinking in pairs where you need to think both sides of an argument and not rush to conclusions. 

    HLS for me was an exposure to the international world as we had students from more than 50 countries in the LLM batch. I made friends from various countries and understood their culture and thought processes. HLS not only made me a better lawyer but more than that it gave me tools to understand the world and its people better. 

    As a member of the New York Bar, you bring an international perspective to your practice. How has being admitted to practice law in New York influenced your career, and what unique insights do you gain from practicing in both India and the U.S.?

    I can confidently say that NY Bar was the toughest examination I gave in my life and for which I worked the hardest. As a lawyer trained in India, it is more difficult to crack the NY Bar since you would need to unlearn Indian laws and focus on both federal and NY state laws which at times would have conflicting positions. 

    Although I don’t actively practice US laws, having been exposed to securities law jurisprudence of the US- it helps tremendously in my practice in India. Most of Indian securities laws have been made on the similar lines as US laws and while Indian laws are still at a developing stage- US laws have an established history and jurisprudence. I often refer to US laws to draw parallels while assisting securities market players in both advisory and disputes practice.

    Congratulations on co-authoring the book ‘Securities Regulation – Primary Market Offerings in India.’ What inspired you to delve into this subject, and how has the book been received in the legal community?

    In my first few years of practice, I was a capital markets lawyer and had worked on several IPOs. I quickly realized that most of the laws surrounding this practice have been influenced by US laws and the knowledge of US securities laws is essential to excel in the field of securities laws. This motivated me to do my LLM at Harvard and once I returned I was itching to put down on paper a comprehensive legal book on doing IPOs in India. There was no existing literature and for me it was an opportunity to understand the Indian laws contextualizing it to the prevailing US laws. The book was more of a learning experience for me to better understand the policy rationales and choices India has made to regulate the Indian securities market as compared to other developed jurisdictions.

    I have heard that few law schools and MBA colleges use the book as part of curriculum and most law firms also have a copy of the book. I believe it was well received but it would now need an update and reprint for which I am trying to motivate myself.

    Finsec Law Advisors has likely seen various achievements during your tenure as a Partner. Can you highlight a moment or accomplishment that you are particularly proud of, either for yourself or for the firm?

    FLA is one of the very few firms in the country that is a specialist firm in the field of securities laws and financial regulatory space. We have been consistently ranked as the Top Tier in all Indian and global rankings of laws firms specializing in Indian securities laws.

    The Firm over a decade has been the forerunner in thought leadership and policy development of securities laws. We are active in advisory, disputes and policy work in the financial sector laws. Over the years, we have not only advised top marquee clients like top blue chip listed companies, largest mutual funds, stock exchanges, FPIs, AIFs etc. but have been actively assisting the growth of the fintech industry with clients like Zerodha, Smallcase, Navi etc. We are proud to develop a niche practice area focussed on expert and quality services to our clients and forerunner in thought leadership and policy development.

    You’ve been actively involved in academia, giving guest lectures and teaching a credit course on Securities Regulation at NALSAR University of Law. How does your involvement in academia complement your legal practice, and what insights do you gain from interacting with students?

    We as a firm work on a very focussed area of practice and therefore for us it is not only important that talents joining the firm not only have proven academic excellence but also have a keen interest in securities laws. For us law school courses and other academic endeavours help us develop students’ curiosity in the subject and also assist us to go back to basics to explain laws in first principles. Our practice requires specialized skill sets and continuous learning, teaching stints and guest lectures also lead you to re-read the laws and overall help me in my professional growth.

    With over 17 years of experience, you’ve seen the legal landscape evolve. What changes in the legal industry do you find most intriguing or challenging today?

    I think there are two major shifts in the legal industry space- one is technology and the other is specialized skill sets. With the development of technology, starting a legal practice is just one degree and a computer away. Technology has ensured the barriers between clients and experts have been diminished and all services can be provided without requiring any physical meeting or sharing of documents. Now, with AI etc the legal industry would evolve further where the first level of research or first draft of an opinion or suit can be drafted by AI. The human skills would be to review and verify the technology output.

    Since technology would replace general research and drafting skills, top money would be paid by clients only for specialist lawyers. This shows the shift in trends in the legal industry wherein specialist law firms having the technical expertise and experience in narrow practice focus would only survive in the next decade or two. 

    Your expertise extends to regulatory proceedings, including cases of insider trading and securities fraud. Can you share an interesting aspect of this work that people might not be aware of?

    As a securities lawyer, we need to not only understand the regulatory framework but also understand workings of the securities market like trading, settlement, F&O and roles of intermediaries involved such as brokers, clearing members, stock exchanges, custodians etc. It is essential that we understand the securities market eco-system as we regularly need to analyse trading patterns, fund flows etc towards advising our clients. For effective advice, both legal and factual matrix need to be analysed carefully towards providing optimum solutions for the client.

    Also, we assist our clients in development of new products especially in fintech space and policy development wherein we assist in creating a regulatory framework for new services, platforms in the financial industry. We often work on complex technical issues in the space of payment systems, exchange control and other SEBI and RBI regulations that require us to be up to speed with the latest developments both in the field of law and technology.

    Another interesting part of my practice is that I not only get to advise clients on various financial regulations but also I regularly appear before SEBI and SAT to argue matters. Working on policy, compliance and regulatory proceedings/dispute at the same time gives us an edge on the regulator’s mind. We understand why the laws are framed, how the laws should be implemented and lastly, how it is enforced which help us to defend/advise our clients better.
    Thinking about the future generation of lawyers, what advice or insight would you offer to those aspiring to follow in your footsteps and make an impact in the legal field?

    I think young lawyers should follow their heart and choose a field that interests them the most. Only if you enjoy your work can you excel. Young lawyers should avoid being a generalist and look for specialization. Being an expert in one field of law would help them be less reliant on jobs in big law firms and help them set up their independent practice or law firm in the future. Law is a profession and should be treated as a career which spans 30-40 years and one should not look out for short term goals and treat it as a job without any long term goals. Lastly, I would advise young lawyers to be more patient and showcase more perseverance in their chosen field- in law nothing is more rewarding than experience and dedication which leads to self confidence of the lawyer which translates confidence of clients to the lawyer.

    Get in touch with Anil Choudhary-

  • “To be well-prepared, one must consider all aspects of the file. While you may have read it, meticulous attention to every minute detail is essential, depending upon the nature of the case being argued.” – Ayush Negi, Advocate-on-Record, Supreme Court of India.

    “To be well-prepared, one must consider all aspects of the file. While you may have read it, meticulous attention to every minute detail is essential, depending upon the nature of the case being argued.” – Ayush Negi, Advocate-on-Record, Supreme Court of India.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Your family has a rich legal legacy, with your grandfather being the first Advocate General of Uttarakhand. How has this legacy influenced your journey as a third-generation lawyer, and what values or lessons have you carried forward from your family’s legal background?

    I have always been around lawyers at my house and have had the opportunity to be inspired by my grandfather and my father. My grandfather always used to tell me that all I can give you is the family name and the rest is upon you what you make out of it, so till date, I’m trying to live up to his legacy and be a better lawyer every day. The lesson I have learnt is that hard work is the key to success no matter what generation you are if you don’t work hard you will not get work one needs to constantly keep working on his advocacy skills and perform better every day.

    Transitioning from a small law firm to establishing your own practice is undoubtedly a significant step. Can you share a memorable experience or a turning point in your early career that shaped your approach to building your practice from the ground up?

     I learnt the basics of drafting and working with a small team at the law firm. I still remember my senior used to always ask us where do you see yourself in 5 years and I told him that I see myself as an Advocate on Record at the Supreme Court of India, so that was my manifestation and somehow with the grace of god I could achieve it in my first attempt. Thereafter I started hustling and doing small matters at the trial court and kept working constantly at honing my drafting and argument skills. I would like to especially thank Adv Dattatrey Vyas who was my immediate senior in the law firm for constantly helping me by vetting my drafts and guiding me through the drafting process while I was at the firm and later when I was away. I think I was lucky to have good mentors like Adv. Anurag Tomar who gave me constant opportunities to argue and appear before various forums right from the beginning of my career which paved the way for me to argue matters before the Supreme Court of India. One of the few instances I remember is while arguing an admission matter before a division bench presided by Justice Gyan Sudha Mishra at the Supreme Court, it was a MACT matter and I argued all the aspects and informed the court about the injuries on the lower part of the left leg of the petitioner, the court after hearing me asked about the exact part of the leg and the nature of the injury which at that point of time was not very clear in the documents as there was some medical term used which was not known to me or the court. The court then passed over the matter to enable me to take instructions about the same and eventually when the matter was heard I was able to answer the query of the court and notice was issued in the matter. The lesson I learnt is that one has to be well prepared from all aspects of the file no doubt you may have read the file, but one has to be careful about every minute detail depending upon the nature of the case being argued.

    You’ve been practicing law across various courts, including the Supreme Court of India and the National Green Tribunal. How do you manage the dynamics of different legal forums, and do you have a preference for any particular type of cases?

    Practicing across various forums can be tiresome at times as we have a lot of running around to be done apart from the preparation for the matters to be argued at various stages. But having a good team of associates around who help ease the burden by holding the fort while I can travel from one court to the other at times. But yes we have over time developed an effective way of taking separate dates for various courts so there is no clash between cases. But I constantly motivate my juniors to start arguing applications before the trial courts or tribunals so that they build up the confidence and eventually pave way for them to start their own practise later in life. Though I am most comfortable at the Supreme Court of India, but yes I love appearing before trial court and have had the opportunity of appearing before Trial courts and High courts across states like U.P, Uttarakhand, Punjab etc. There is a whole lot of thrill in the process of cross-examination which I truly love about trial court advocacy which requires a different skill set especially compared to appellate court advocacy and appearing before trial court is always enriching.

    As Counsel for the State of Uttarakhand at the National Green Tribunal, you’ve been involved in cases related to environmental issues. How does your role contribute to your personal commitment to environmental sustainability, and do you have any personal initiatives in this regard?

    I have been on the panel of State of Uttarakhand at the National Green Tribunal, Principal Bench Delhi right from 2017 and have been appearing regularly. After the retirement of Retd Justice Swatatantra Kumar from the post of Chairperson the approach of NGT of dealing with matters had changed drastically as they started the process of letter petitions the filing of Original Applications came down drastically and reduced the role of counsels to a large extent which in one way made the court more accessible to the common man, but yes the role of state counsels and other counsels was reduced to very minimal until and unless a specific response was called from a particular authority on an issue. Rest we keep assisting courts as and when we are called upon to file Joint inspection reports or filing responses and explaining the stand of the authorities. Further with regard to my personal view on sustainability I as an individual try to save water and electricity and follow basic civic rules of not littering around on highways or public roads etc. I think if all the citizens of the country follow these rules strictly then our country will be a much cleaner place. I think awareness amongst people about waste management can take our country a long way towards environmental sustainability.

    Balancing criminal trials along with civil trials is not common among lawyers. What motivated you to diversify into criminal trials, and how do you approach the unique challenges they present?

    As I have already mentioned my love for trial court advocacy, especially the part of cross-examination of a witness, so I have done my fair share of civil trials and  Criminal Trials under section138 Negotiable Instrument Act cases and had never thought of delving into criminal trials but, recently in 2021 one client approached me for conducting a criminal trial under POCSO Act at Ghaziabad Sessions court, after going through the file and as the matter was at evidence stage in the peculiar facts and circumstances I took up the matter and eventually the Prosecutrix a 11-year-old girl went hostile which led to the conviction of my client after the incarceration of 3 years. My experience in this trial was worth sharing first and foremost is the non-adhering to the basic principles of an In-camera trial as envisaged under the Section 37 of the Protection of Children from Sexual Offences Act 2012, though the same is followed to the teeth in the trial courts in Delhi, but I was shocked to see that the evidence of the prosecutrix including the examination in chief and the cross-examination was all done in open court.

    After this trial, I have taken up a few more matters including a trial under SC/ST act before the Rohini Court and another matter under section 376/354 of the IPC on behalf of the accused before the Dwaraka Sessions Court. But, yes for the readers I have to clarify that while I have taken up these matters I did thorough research on the subject matters of these cases and did a lot of consultation with senior colleagues who have had long experiences in handling these matters before the trial court, it is very crucial that we know the finer nuances of such trials before we start conducting one as life and liberty of person depends on us.

    Apart from this some basic things that I felt were a problem in other states was the lack of judicial infrastructure like stenographers for judges and in some courts, the courts even didn’t have a computer system. I think little changes in the whole justice administration system would affect the quality of the justice being delivered across all courts, especially trial courts.

    Your 45-day judicial internship with Justice Dalveer Bhandari seems to have been a turning point. How did this experience influence your perspective on legal practice, especially in the Supreme Court, and set the course for your career?

    The internship with Retd Justice Dalveer Bhandari is where it all started and it was my first experience at observing the practice and procedure at the Supreme Court of India. I along with my friend had the special privilege back then to join this internship as then the clerkship and the internship program was only for the students of the National Law Institutes and we would have had no chance at getting the internship if our Professor Ms Deesha Meshram had not provided us this opportunity. We were in our 8th Semester of 5-year Integrated law Course and had the basic knowledge of the subjects such as CPC, CRPC, Evidence etc, but this internship changed our perspective. During the internship our tasks included reading briefs of admission hearing matters and preparing a brief note and then finally presenting the matter before Justice Bhandari just like we do now in the Supreme court before the Hon’ble Judges, he would then ask us basic questions about the case about findings in the trial court judgement and things like issue involved etc. This exercise majorly helped me to see up close how the mind of a Supreme judge works and a brief idea of the kind of queries that can entail in a fresh matter. Our tasks also included providing the law clerk with research materials in the after-notice matters apart from observing the matters that we had briefed sir on being argued in court. It was truly an enriching experience and it was only after this internship that I made up my mind about settling down in Delhi and practising before the Supreme Court of India. Some of my positive takeaways from this internship were learning the basic skill of reading an SLP and the relevant papers, preparing a note and relevant case research on the subject matter and knowing how the synopsis and list of dates play a very crucial role in the fate of the matter before the Supreme Court.

    You’ve represented organizations like the National Institute of Technology, Srinagar (Garhwal), and provided litigation support to companies on a retainer basis. How do you navigate the dual role of legal advisor and litigator, and what challenges and rewards come with this multifaceted approach to legal practice?

    Over the span of 12 years of being a litigator i have had the opportunity to represent many corporations and companies before various courts some of them would be Uttarakhand University, NIT Uttarakhand,Transunion CIBIL, Carnival Cinemas etc. the key to working with big organisations and corporations is timely delivery of work and adhering to high professional standards. I completed my 1-year Post Graduate Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkatta in 2016 which helped me equip myself with practical skills related to business laws. Later in time, I ventured into providing my services on the advisory side related to Contract Drafting and allied services related to day to day functioning of the companies so that the companies could avoid or at least try to keep their disputes and litigation to the minimum. Time management and organising the work schedule between courts and the advisory work is the key to balancing the work between both the fields and rest having a good team to assist me helps me a lot. The benefit of playing the dual role of litigator and legal advisor helps one to broaden one’s horizon and then you are never short of work.

    In addition to your legal responsibilities, you’ve represented the Cricket Association of Uttarakhand. Are you an avid cricket fan yourself, and if so, do you have a favourite cricket memory or player that you hold dear?

    I like the game of Cricket and follow all the major tournaments, IPL etc., but no I have not played cricket at any level as such. I have been appearing for the CAU before Uttarakhand HC, District Courts and before the Hon’ble Ombudsman which is an internal dispute mechanism at the Association. Associating with the CAU has also been a great learning experience in getting to know the nuances involved in the cricketing field and kind of dispute and the resolution process before the Ombudsman which all is done in terms of the Constitution of the Association which is framed under the aegis of BCCI.

    Clearing the AOR exams is a significant accomplishment. How has being an Advocate on Record at the Supreme Court impacted your career, and what advice would you give to aspiring lawyers aiming for a similar milestone?

    As I mentioned earlier, clearing the AOR Exam was my dream from the day I started practising because I had fair knowledge about the role that is played by an AOR in the Supreme Court of India through my previous internship experience with Retd Justice Dalveer Bhandari. Nowadays we see a lot of people who have not practised at the Supreme Court or intend to practice at Supreme Court think that it’s crucial for one to be an AOR to appear before the Supreme Court which is not the case. The fact of the matter is merely clearing AOR exam doesn’t help one start practise at Supreme Court, but yes my advice would be that one should join some chamber and get to know the basic procedures of the court and functioning of the court and then try to clear the exam it would really help to make the mark may be in your first attempt. Further with regards to the exam I would advise all those who are preparing to start with the Supreme Court Rules and practising drafting petitions on paper as with the advent of computers we are more used to typing on our laptops you may be thorough with drafting but it’s really a difficult task when comes to doing the same manually, so the key is to try and time yourself in solving the previous year’s drafting problems that will give you an edge while you write your paper. My last word of advice is that try and keep the presentation of your answer neat considering the time you have to write the paper and answer all the questions.

    Get in touch with Ayush Negi-

  • “Grey hair or lineage no longer convinces a client of you being a competent lawyer”- Praveen Kumar Jain, Managing Partner of Parens Patrice

    “Grey hair or lineage no longer convinces a client of you being a competent lawyer”- Praveen Kumar Jain, Managing Partner of Parens Patrice

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Could you please share with us how your journey into law began? What inspired you to pursue a career in the legal field?

    In my hometown, lawyers were not looked at with respect due to the low fees they used to command in the twentieth century. It was believed that those who could do nothing else, do LL.B. Hence, it was not a childhood dream fascinated by observing a successful lawyer in my neighbourhood or from some scenes in Bollywood movies. 

    I was living in a hostel while pursuing B.Com. Simultaneously, I was doing an articleship with a CA firm namely AAG & Associates as I wanted to become a Chartered Accountant as we knew only about being doctors, engineers, and CAs at that time. In December 2000, I unearthed a financial scam in the hostel management. However, the administrators of the hostel connived with the grifter and asked me to prove the charge after forging his confession letter. That day, I argued before the influential people to prove the clerk’s wrongdoing but they let him off scot-free. That was one of the worst days of my life when I got harassed despite being a whistle-blower. The proverb “Every cloud has a silver lining” became true to me. That night while introspecting the entire incident with my younger brother Naveen, I realised I had argued very confidently and logically before so many persons in authority. I also underwent the pain of false accusations and injustice done to me. They say “जाके पांव न फटी बिवाई, वो क्या जाने पीर पराई”. I realised getting justice was one of the most basic human rights. That was the night when I decided to stand for others in their pursuit of justice. 

    I sought time to meet Shri Ravi Sharma, Advocate, before leaving the hostel who portrayed a very good picture of lawyers in society and advised me to do LL.B. from the University of Delhi. As luck had it, the next day one of the articles of that CA firm called me to come to Delhi as he needed someone to share room rent. I immediately came to Delhi with a small briefcase in hand and cleared the entrance test of the Faculty of Law, DU and that’s how my journey commenced in law. This has turned out to be the best decision of my life to choose law as my profession and I heartily thank God for that incident.

    How did you end up specialising in arbitration and litigation?

    As far as my entry into the arbitration field is concerned, it was in 2005 when I was working in Amitabha Sen & Co., we filed an application u/s 11 of the Arbitration & Conciliation Act, 1996 before the “Chief Justice of India” for appointment of the Arbitrator in an international commercial arbitration titled: Secit S.P.A. vs. NTPC. I signed that application myself without engaging an AOR and approached the Registrar (Judicial) to take it on record who asked me to file it at the filing counters. But I tried to convince him that it was to be filed before the Registrar (Judicial) only as I was not approaching the “Supreme Court of India” but the “Chief Justice of India” in his administrative capacity as per the judgement in the case of Konkan Railway Corporation Ltd. and Anr. v. Rani Construction Pvt. Ltd. (2000)2 SCC 388.

    After several rounds of persuasion, the Registrar (Judicial) called me to his office and informed me that Hon’ble Mr. Justice RC Lahoti, the then Chief Justice of India, had allowed the filing of our application without engaging an AOR that too through the Registrar (Judicial) for the first time and the last time as his Lordship had directed him to amend the paragraph 10 of “The Appointment of Arbitrators by the Chief Justice of India Scheme, 1996” whereby all applications thenceforth would be filed at the filing counter of the Supreme Court only. A few months after his retirement, I joined the late Justice Lahoti’s office as his Legal Assistant. I used to assist his Lordship during arbitral hearings and in writing legal opinions by doing research and preparing drafts. Just after I commenced my independent practice in April 2008, I was engaged in an international commercial arbitration. Advocates from other states and Clients started approaching me thereafter for their arbitration cases. Several cases related to arbitration law were marked to me by the Litigation Incharge, Ministry of Law & Justice when I became Senior Panel Counsel of the Union of India in December 2014 for cases before the Hon’ble High Court of Delhi. To date, I have already argued in approx 100 cases related to arbitration law before the High Court of Delhi and approx 50 arbitration cases before the Arbitral Tribunals consisting of former Chief Justices of India, former Judges of Supreme Court & High Courts, and former officers of CPWD/ MES, etc. Today, I am handling a number of high-stakes international commercial arbitrations and construction arbitrations for several ministries of the Central Government, PSUs, autonomous bodies, and private companies. That’s how my practice heavily tilted towards arbitration law. 

    You had the privilege of gaining first hand training from the Late Hon’ble Mr. Justice R.C. Lahoti, Former Chief Justice of India. How did this experience shape your professional life?

    I was his Lordship’s first junior post-retirement who got the privilege of getting first hand training under his tutelage. His Lordship was very humble and soft-spoken and would never admonish or scold his staff for any mistake whatsoever. His Lordship was very meticulous in doing his day-to-day personal and professional work which deeply influenced me. He was fond of exclusive stationery and the latest gadgets. He guided me to read the autobiographies of legal stalwarts, classic literature, and even stories of Singhasan Battisi, Baital Pachchisi and Panchatantra as they develop decision-making abilities and have hidden messages of imparting justice. I imbibed the habit of gifting books from his Lordship only. So far, I have gifted hundreds of books to my interns, associates, friends, and libraries. The lesson I learned from his way of working was “जिन खोजा तिन पाइया, गहरे पानी पैठ” meaning thereby the one who keeps trying deeply gets the desired results. He would always ask me to examine even the repealed Acts and overruled judgments before drafting any opinion or award to find out the reasons for the development of present-day laws. He used to discuss with an open mind and would allow me to change his drafts if gets convinced by my viewpoints. Likewise, I encourage all my associates and interns to come up with ideas that may seem even absurd to make them learn the art of thinking out of the box.

    Could you share insights into the international commercial arbitration case you handled before the ICC International Court of Arbitration, France in 2008-09? What challenges did you face, and how did it contribute to your professional growth?

    I started my independent practice in April 2008 and obviously did not have that much work to do. After the elevation of its counsel as a judge of the High Court of Delhi, an Indian company having business in 70 countries approached me in July 2008 for its international commercial arbitration in which the tribunal consisted of three arbitrators from different countries, the seat of arbitration was in Geneva and laws of UK/ India were applicable as per the arbitration clause. Despite my lack of experience in doing international arbitrations under the aegis of the ICC International Court of Arbitration, one of the Directors of the company who used to take a deep interest in that arbitration, entrusted the case to me. So I had to study many laws at that time including the arbitration rules of the ICC, and the laws of the UK and India. I invested in buying many latest commentaries including Chitty’s Contract, Benjamin’s Sale of Goods, Kluwer’s Yearbook Commercial Arbitration, Buhler Webster’s Handbook of ICC Arbitration, Black’s Law Dictionary, etc which were very expensive for a lawyer who had just come into independent practice. I had written an email to a legal giant of that time to give me a written opinion on a particular issue which he declined by citing the reason that giving an opinion would disable him from appearing in the matter at a later stage. I briefed 3-4 other senior advocates but somehow my client did not get enough satisfaction; hence, asked me to handle the case myself. For final arguments, my client engaged Shearman & Sterling LLP, one of the largest law firms in the USA and asked me to hand him my passport so that he could get a Visa issued to participate in the arbitral hearings in Geneva. Today I regret and laugh at the same time that I had not even heard of passports by that time. Though I immediately applied for a passport but due to no change in the schedule, my client had to leave without me. Though we lost the case, the client again approached me to draft the application u/s 34 of the A&C Act, 1996 to challenge the arbitral award. This case considerably enhanced my interest, experience and confidence in international commercial arbitrations and gave me the opportunities to read laws of different jurisdictions and to brief several senior advocates which helped me in my ensuing practice. No doubt I earned handsome fees which enabled me to get established during those initial times. Of the above incident, I wish to convey to the fresh graduates that you should always be positive and hopeful as God has its mechanism to help you through unexpected ways.

    Your profile mentions the publication of several critical articles and the delivery of speeches/ lectures to law students and professionals. How do you balance your practical legal work with academic pursuits, and how has this dual engagement enriched your legal practice?

    Mr. Vinay Vaish, Managing Partner of Vaish Associates, encouraged me to write my first article titled: Should Capital Punishment Be Given Capital Punishment – A Capital Question” while I was interning in his law firm in June 2004. That article was published in Delhi Law Review – the annual journal of the Faculty of Law, University of Delhi. Thereafter, I wrote many articles that were published in the journals of NLU Jodhpur, Indian Law Institute, the Institute of Company Secretaries of India, Indian Social Institute, CNN magazine, etc. By writing articles, you not only learn to identify the legal issues but also how to do multidimensional research and develop your arguments; particularly when you seek to differ with a judgement of the Supreme Court/ High Court. Further, I have never declined invitations to deliver speeches and lectures to law students and professionals. The latest one was in December 2023 to the serving officers of Military Engineer Services, Ministry of Defence. I have also delivered lectures to 4th year students at a law school in Delhi as a guest faculty during my early days of practice.

    There is no dual engagement and nothing to be balanced to write legal articles. I identify the conflicting issues while researching to argue in my forthcoming cases and shape them into articles/ case comments. I feel grateful to the late Hon’ble Mr. Justice RC Lahoti, Mr. Jagdish Sagar, Advocate, and Professor Alka Chawla, PIC of Campus Law Centre, for vetting my all articles with keen interest by taking time out of their busy schedules. 

    Due to publications, I have got many new clients who read my articles and approached me for their cases. One army man from Kolkata came to my chambers to engage me for his brother-in-law’s case as he believed that an advocate who dares to author and publish articles critical of the Supreme Court’s judgement would be dead honest. Senior Vice President of a pharmaceutical company came down from Bangalore to engage me in his several cases after reading one of my articles. During those days, law students from NLUs approached me to intern in my office after reading my articles as there were no online platforms at that time. I also got appreciation from my peers, seniors, and judges.

    You’ve been representing various government departments, PSUs, and autonomous bodies since 2014. Could you share some highlights or challenges faced while representing them before the Delhi High Court and Arbitral Tribunals?

    Representing the Central Government for me is a matter of gratification and a sense of fulfilment as well. Being the government’s counsel, you are expected to be thoroughly prepared and more responsible than the opposite party in your conduct before the court. You are appointed in cases of a wide range and having issues of national importance which is an exceptional opportunity to learn and get noticed by the judges and others present in the courtroom. Further, you get a close opportunity to learn how the government functions. I might have never appreciated how much effort the government officers make with utmost honesty and sincerity to safeguard the public money had I not been engaged by different government organisations in the last 9-10 years. However, there are certain practical and common challenges that I encounter while representing the government: 

    1. There is no monetary reward for winning the cases for the government. You need to have a strong purpose and abundant willpower that will propel you to keep burning your midnight oil.
    1. Sometimes, you don’t get proper and timely instructions due to frequent transfers of the concerned officers or their heavy workload.
    1. Difficult to find the concerned officers of different ministries as sometimes the cases get marked in late evening and you have to appear before the High Court the next morning when the opposite party might be seeking some urgent relief.
    1. Very low fee irrespective of your standing at the Bar and the nature of cases which makes it difficult to run the office. No clerkage is paid even though you have to file ten thousand pages of documents with applications u/s 34 of the A&C Act, 1996. Payment of bills gets delayed routinely. 
    1. Had a good private practice; particularly, before the Supreme Court, prior to getting panels, which suffered due to heavy workload before the High Court of Delhi and arbitral tribunals. I couldn’t appear before other High Courts also which I used to do earlier.

    Your focus has been on defending various ministries of the Government of India in construction and engineering arbitration cases. What complexities do these cases typically involve, and how do you navigate them successfully?

    Construction law is a specialised field that has its highs and hindrances. Site managers who get the work executed are not available for briefing due to transfers or retirements, and documents related to the site like works diary, site order book, cement register, steel register, test register, drawings, etc are not made available due to non-maintainability of the record properly or lack of coordination between the headquarter and the site offices. Officers briefing me and sending comments to draft pleadings have generally not visited the site. Lack of trained and separate staff leads to delayed drafting and filing which sometimes results in imposition of costs or closure of the right to place on record the pleadings. A few arbitrators held hearings at venues out of Delhi where we could not go due to the lack of provision to reimburse the actual expenses. Some of the officers are unwilling to appear as a witness as they apprehend that in case their answers turn out to be favourable to the claimant, that may land them in the soup or they may be exposed to their inadequate knowledge. There is an acute deficiency of supporting staff and logistics required for efficient conduct of arbitral hearings. Officers as well as I are overburdened which makes us have late-night conferences in the office almost every day to prepare for the arguments the next day. The claimants engage a team of lawyers led by seniors, whereas the government does not have provision for paying a minimal fee to even a single associate of its counsel.

    Further, a few of the sole arbitrators consisting of former judges may not have that much sound technical knowledge while the sole arbitrator being an engineer may not be able to appreciate the basic concept of ‘burden of proof’ and generally get completely baffled by the judicial precedents as to which one to be followed. Having a tribunal consisting of three arbitrators makes it unaffordable and the proceedings get delayed due to the non-availability of matching dates.

    To encounter some of the above difficulties, I deploy my additional staff and I have also visited a few project sites to learn the quality and status of the executed works. I insist on the presence of project managers and site staff who have contemporaneous personal knowledge. Despite so many challenges, we have finished final arguments in more than 12 big construction arbitrations in 2023 out of which 8 awards have been published. All the cases filed by the contractors have either been dismissed, including two wherein our statement of defence not taken on record, or a small percentage of the claimed amount has been allowed. In one case, we have just been awarded 35 crores for counterclaims by a former judge of the Supreme Court. Such successes and genuine appreciation from the court/ tribunal alleviate all hurdles and make you stride with added vigour.

    You’ve consistently pursued professional development, including obtaining a PG Diploma in ADR and currently pursuing an LL.M. in ADR. How do you believe these additional qualifications enhance your capabilities as a legal professional?

    I firmly believe in continuous education in the form of participating in conferences, writing articles, and enrolling in specialised professional courses in which you are practising or intend to practise. I was greatly influenced by the fact that my mentor Justice Lahoti was looking for a tutor to learn Sanskrit language to read the untranslated literature in its original form just after his retirement, showing that age is just a number. Undoubtedly, doing an LLM/ PhD is not the recipe for becoming a good advocate but may help you learn the art of doing in-depth legal research, develop the habit of reading law books for long hours, explore the law library, learn the art of legal writing in the form of research articles and projects, if you have not done all the above in your law school due to the factors of you being in part employment or for lack of guidance, etc at that time. However, you would get to learn theoretical aspects of law and may make new lifelong friends and professional connections in the classroom. Further, additional diplomas and degrees in the same field you are practising in give a little extra credibility to your profile. Moreover, I have seen some government organisations and arbitration centres give added weightage at the time of empanelment if you have done LL.M. 

    Further, my father, who has earned three master degrees, always encourages us to go for higher studies by saying that no degree remains irrelevant and it may come to your aid in future. One of the reasons for attending the classes is that Generation Z keeps me updated with the technology and young at heart.

    Lastly, considering your extensive experience and varied roles, what advice would you like to give to law students or fresh graduates who are just starting their legal careers, especially those interested in arbitration and litigation?

    Ours is such a wonderful profession where all lawyers help each other without having any kind of competition or jealousy. You ask a query in any lawyers’ WhatsApp group and solutions will start pouring in. I would advise fresh graduates to not gripe about being first-generation lawyers or from small towns or being Hindi medium/ non-NLU students – “Count your blessings, name them one by one; Count your blessings, see what God hath done”. After coming into independent practice, I surprisingly realised that grey hair or lineage no longer convinces a client of you being a competent lawyer. 

    Never believe in the cries of nepotism and favouritism. Had it been so, I would not have won so many cases against eminent senior advocates and big law firms. The first case I won before the Supreme Court was where Ld. ASG was appearing for UOI and the recent one is against a senior known for his international arbitration practice. No judge has snubbed me for coming from a humble background. Please understand that every profession has its incomparable gestation period. For establishing in litigation you may have to ‘live like a hermit, work like a horse’ during the initial years.

    Always be grateful to society for giving us affordable education – Most of us have got education in government schools and colleges at a negligible fee. 

    “Stay hungry, stay foolish” is perhaps the most apt quote for Advocates. Keep reading the A&C Act, Contract Act, Specific Relief Act, Partnership Act, Sale of Goods Act, Limitation Act, CPC, Suit Valuation Act, Stamp Duty Act, Registration Act, Bhartiya Sakshya Adhiniyam and General Clauses Act while waiting for your turn in the courts as many cases get dismissed for the technicalities prescribed in the above Acts.

    Pay special attention to the art of cross-examination, which is done by your seniors and even by other advocates – with this skill alone you can batten down the hatches.

    Finally, love your profession, it loves you back. Be proud of being an advocate – you are on an eternal quest of securing justice for the helpless and hapless people – sometimes the animals and nature even. God is always with you!

    The following aspects greatly contributed to the growth of my practice:

    1. One should undergo training for at least 5-6 years before establishing own chamber.
    1. Invest in buying good commentaries and study the relevant provisions before doing any drafting or making arguments in the court.
    1. As a matter of lifestyle make life-long relationships with your clients, classmates, and opposite counsel who often refer clients to you.
    1. Write articles; particularly, for legal news & views websites and professional bodies like Chartered Accountants and Company Secretaries.
    1. Read autobiographies of legal stalwarts and interviews on websites like www.superlawyer.in
    1. Don’t waste your time in cafeteria gossip, at least during the initial years.
    1. Try to grab the opportunities to argue the cases of your seniors. Most of the judges do not pass adverse orders if you fumble but they expect and appreciate good preparation at your end.
    1. Do the same level of work for a fee of rupees one thousand as you would do for a fee of rupees one lakh – this will raise your default standards of working.
    1. It is such a fast-paced profession that if you don’t realise you knew nothing 6 months back then you have wasted your last 6 months. Keep upgrading your skills by adopting technology, attending conferences, and doing specialised courses.
    1. Honesty and Integrity will grow your practice like bamboo after 8-10 years.
    1. It is not your last day in the court, it is not your last case – do your best and leave it to the fate of the client. Don’t get tempted to take a shorter route – it leads nowhere. 
    1. Have good terms with your seniors who may refer some cases to you when you leave their chambers. Mr. Vaish and the late Justice Lahoti have referred a few good cases to me. 
    1. Develop the habit of reading literature. Late Justice Lahoti used to emphasise upon reading books every day. Many times, I have referred to incidents from Ramayana, Mahabharata, Bhagawad Gita and stories of Munshi Premchand/ Ravindra Nath Tagore and recited Dohe & Sher to cut across my viewpoints which significantly impacted the judges/ arbitrators. I listen to classics on Audible these days.
    1. Last but not the least, पहला सुख निरोगी काया. Please take care of your health to be in this unending marathon.

    Get in touch with Praveen Kumar Jain-