Ma’am, please tell us about your journey and how you ended up pursuing a career in law, particularly in the field of international law and arbitration?
In school, I was head of the debating society and also part of the dramatics club. Obviously, I was fond of being the front and centre of anything to do with expressing and discussing ideas. I wanted to take that forward in my life. For a very long time, I was torn between journalism and law. But then I got to law school, and I just knew from the get go that this is where I wanted to be. Never looked back.
I don’t think it makes sense to jump right into international law or arbitration at the start of one’s career. You have to ground yourself in the practice of law in your home jurisdiction first, get your hands dirty, figure out what area of law you want to practice in, and how you want to practice. Are you into commercial disputes, or criminal law, or corporate transactions, or intellectual property? Do you want to work for a small firm, big firm, senior counsel? This is what I did. I worked with a law firm, then with a practicing advocate in the Delhi High Court. It took me a few years to identify with certainty that I was interested in commercial disputes, and I wanted to be where the hearing was, inside or outside of court. That’s when I went to Cambridge and studied public international law with a focus on international dispute settlement. After that, I worked at the Hong Kong office of the International Chamber of Commerce- Court of Arbitration, and later as a Tribunal Secretary in international commercial arbitrations / SIAC. I spent more than a decade slowly evolving into my chosen area of practice, which was international law and arbitration. In 2021, I felt I had the wherewithal to strike out on my own and set up my own practice. So I did.
You have an impressive academic background, including an LL.M. from the University of Cambridge. How did your time at Cambridge shape your career and interests in public international law?
More than anything, Cambridge taught me that intelligence is inter-personal. If you are truly intelligent, you will have the humility to accept that what you know is not everything, and knowledge comes from everywhere. From your classmates on a Sunday-morning-punting escapade on the Queens’ river, from discussions over coffee, from sport, from music. You must have the versatility to absorb knowledge from any source, and engage in discussions with anyone. That learning gave me immense perspective, and allowed me to look at the practice of law from an objective distance. I began to enjoy the discussion and study of public international law and dispute settlement without the trappings of competition and survival which are so ingrained in traditional systems of education. It helped me become a well-balanced professional, engaged in practice but also entertained by it, and gave me the tenacity to walk away from a bad day in court but keep coming back. More and more, I think the trick to succeeding as a professional is just being patient and consistent, which you can’t be if you don’t enjoy what you’re doing.
You have experience as both an advocate in India and a solicitor in England & Wales. How has this dual qualification benefited your practice, and what unique perspectives do you bring to the table?
Commercial disputes are becoming more and more trans-national, cross-border as the world is becoming more and more economically integrated. Being qualified to practice in more than one jurisdiction brings with it a comparative understanding of fundamental legal principles, for example, of contract, property law, constitutional law, etc. That enables a lawyer to provide more holistic advice in a dispute involving cross-border transactions. I think for a young lawyer looking to get into international commercial arbitration, a dual qualification is increasingly indispensable.
As the Founder & Head of Arbridge Chambers, could you share some of the highlights and challenges of establishing and managing your independent chamber practice?
I think the challenges are two fold, first, to find the conviction in what you know and what you can do despite what other people may think or say, and, second, to back up that conviction with all your resources. Your time, savings, energy. You have to put the cart before the horse and invest in research tools, human resources, networking etc. even before you can see the next big matter coming. If you are going to be scampering for these when the matter actually comes, it is already too late.
You have been involved in several international arbitrations as both an arbitrator and counsel. What drew you to specialize in this area, and what do you find most fulfilling about your work in arbitration?
In essence arbitration is just another method of resolving disputes. If one is interested in litigation and dispute resolution in general, then interest in arbitration follows as a natural corollary. What I enjoy the most is that arbitration has a clear structure, with enough time and flexibility to really get into details of the claims, evidence, matters of procedure. The outcome can genuinely be influenced by the manner in which claims are drafted, presented and argued. I find that very satisfying as a professional.
You havebeen involved in investor-state disputes on behalf of the Government of India. Can you share some insights into the complexities and nuances of handling such cases on a national level?
This is really the most enriching and glamorous part of my practice. Every piece of advice or representation for the GOI comes with the immense satisfaction of knowing that you are doing something which has an impact on a larger scale. But it also comes with immense responsibility. You have to be aware of the practicalities in the conduct of business and the sensitivities involved in government work when you present positions in an international context, and you have to be damn sure of what you are doing. I think being thorough and measured is very important when acting on behalf of a government entity in general.
One of your areas of expertise is infrastructure disputes. What unique legal considerations and challenges are involved in resolving disputes related to infrastructure projects?
It would be safe to say that infrastructure disputes are often bread and butter for an arbitration practice. They are big, complex disputes running into pages and pages of documents, and the trick is always to simplify. I usually start with a pen and paper and spend time chalking out the life of the project. Once that is done, the rest of the effort is to fit pieces of information in the overall story / flow of the transaction.
Over the years, you’ve been actively involved in various international arbitration organizations and committees. Can you tell us about the significance of such engagements and how they contribute to the development of the field?
Like I said, knowledge is inter-personal. It is important to engage with like-minded practitioners in the field, to learn from their experiences and strengthen networks. I don’t believe in being involved in everything all at once. It has always worked for me to find an organisation or committee that genuinely reflects my interests and my professional profile, and then figure out ways of being more involved in it.
As a member of the Global Steering Committee for Young Arbitral Women Practitioners and an Advisory Board Member of Indian Women in International Arbitration, what efforts do you think are crucial to promoting gender parity and diversity in the field of international arbitration?
The most important thing to do right now is to develop the network. Particularly in India, the community of arbitration practitioners itself is very nascent and upcoming, and the women practitioners are an even smaller grouping. Young women arbitration practitioners need to know that there are others like them, and that everyone is in the same boat, dealing with similar challenges. That in itself is likely to be a big source of strength and support for everybody involved. If we can also enhance visibility and work opportunities for members as we go along, that is a bonus. YAWP Steering Committee and the IWIA Advisory Board both have an amazing team of very dedicated and trail-blazing practitioners heavily committed to creating better networks and opportunities for women in arbitration. We are bound to succeed.
You’ve been a guest faculty at National Law University, Delhi, and have conducted courses on investment treaty arbitration. How important is it to impart specialized knowledge to young law students in this field?
I see teaching as a two-way street, having always walked away from a lecture with a question I never thought of, or a perspective I didn’t see. Plus, you have to stay abreast of new ideas. You can’t do that if you are only interacting with people at your level professionally. You see, I learn so much from students, it is hard to say I am the one imparting knowledge to them!
Lastly, what advice would you give to fresh graduates or young professionals aspiring to succeed in the legal industry, particularly in the field of international law and arbitration?
My advice to those looking to pursue arbitration is to start somewhere, anywhere, in a practice focussed on disputes, whether or not it is focussed on arbitration. You need to acquire the skills to be a disputes practitioner. You will get to arbitration eventually, even if you are not there today. Just keep at it. And while you are at it, value your colleagues, even people junior to you. These are the people who will be with you for the ride, and who are likely to help you when you really need it.
Ma’am, please tell us about your educational background and how you ended up pursuing law? What motivated you to choose this career path?
Prior to joining law school, my educational trajectory was fairly linear-small town CBSE schooling. I am a first generation lawyer. I decided to become a lawyer when I was just 13 years old. It was largely borne out of the urge to depart from the trend of making the stereotypical choices of either becoming an engineer or a doctor. Some of the credit also goes to the copious amounts of legal fiction which I read at that time. However, all these years later, for entirely different reasons, the decision to become a lawyer seems more correct than ever.
You have an impressive work experience, ranging from independent practice to working at various prestigious offices. How did your journey progress from your early career to where you are now?
The seeds of my litigation career were sown through my law school internships where I first learnt grasping legal propositions and delivering accurate legal research. Then, as a lawyer, being the youngest member of the team, executing the smallest of tasks with responsibility became a priority. Reading my corrected drafts several times to understand the shortfalls was a practice which has stood me in good stead. With time my drafts have evolved. As the years passed, my approach shifted from finding the correct law to finding the optimum solution for the client. The sweetest part came around the 5th year of my practice, when I started arguing before the Hon’ble High Court of Delhi. What seemed overwhelming in the beginning, slowly became thrilling and enjoyable. The feeling of having conveyed my case satisfactorily across the bar, is by far the most gratifying feeling for me; irrespective of the win or loss that follows.
During your stint at the Office of Ms. Rukhmini S. Bobde, you handled criminal matters and intellectual property disputes, among others. How did these experiences contribute to your growth as a legal professional?
Litigation is a nuanced craft. Working with Ms. Bobde, first as an intern and then as a lawyer has helped me immensely. Crystal clear instructions and adherence to professional practices have been a good primer for me. For example, one can never expect a hassle free briefing session with her without having read the brief cover to cover. Similarly, remaining poised and attentive even in high pressure situations during court hearings is a core part of her arguing style which I have been able to imbibe. The best part about working with her has been her inclusive way of teaching me. She would always ask my opinion about the possible outcome of a hearing or about the starting point of an argument. The deliberation that follows has taught me the difference between arguing a fresh matter for admission before the Hon’ble Supreme Court and addressing final arguments before an Arbitral Tribunal. In the former, identifying and pitching the best point of a case becomes cardinal. While in the latter, being lucid while marshalling facts is a must.
Your work experience at various law firms involved handling cases related to environmental matters, infrastructure disputes and mining regulations. How did you navigate through these complex and diverse legal areas?
Every new kind of dispute poses a two-fold challenge. The first is to understand the law around it and the second is to get the technicalities straight. Over the years, I have found that a thorough reading of the brief (however unfamiliar it may be) followed by a meticulous session with the clients who are experts in their fields, such as Engineers and Chartered Accountants etc. gives me good control over the brief. From this point, traversing through the law becomes simpler. Capturing the crux through written submissions seals the deal. This approach cuts across the different domains of disputes.
During your independent practice, you dealt with a diverse range of disputes, including public law matters and commercial arbitrations. Could you share some memorable experiences or cases that had a significant impact on your legal career?
There are many. But one experience from March, 2023 is extremely bittersweet. I was representing a client for the very first time before the Hon’ble High Court of Judicature at Bombay in a case under s. 9 of the Arbitration and Conciliation Act, 1996. I had worked very hard. However, I somehow felt that my arguments did not meet the mark at all. And as my luck would have it, I also managed to get scolded by the Judge that day. The clients were present in court. I was disheartened. I even made the affidavits and the vakalatnama and sent it to the clients in anticipation of having to file an appeal. However, two days later, on the date of pronouncement, I was pleasantly surprised to know from the local lawyer that not only had the Judge decided partly in my favour but he had also praised me in open court. He in fact appointed me as an arbitrator in another matter. I was relieved and so was my client. Needless to say, more work has followed since, from that client.
You have also lectured for educational organizations such as Law Sikho and Adani University. What drove you to take up teaching alongside your legal practice?
I belong to a family of teachers which includes my mother and my grandmother. So, I think I have some natural inclination for teaching.
My stint at M.V Kini & Co, New Delhi had me working on the litigation portfolios of NHAI, BHEL, AAI and the likes. This acquainted me with technical nuances of those industries such as the different kinds of Infrastructure Contracts including Engineering Procurement and Constructions Contracts, Build Operate Transfer-Annuity Contracts, Hybrid Annuity Contracts etc. As a result I was able to contribute with a mix of practical experiences and theoretical information while teaching.
Similarly, I am taking some classes for Law Sikho which caters to the aspirants of the Advocate-on-Record (‘AOR’) Examination. I just cleared this exam in December, 2022. The curriculum is fresh in my mind. Therefore, I decided to take up the opportunity to help out AOR aspirants.
Balancing a successful legal career and taking on outstation assignments can be challenging. How do you manage your professional commitments effectively?
The challenges behind taking up outstation matters include getting used to the listing process and ensuring defect free filing. The style of drafting also differs. Similarly, when it comes to handling arguments, a new court and a new judge can be disconcerting in the beginning. But these are challenges that disappear sooner than they appear provided one is a keen observer and relies on a good local lawyer. I manage my professional commitments vis-a-vis outstation matters by appearing through video conferencing on non-effective dates, by maintaining my court calendar carefully and by collaborating with competent local lawyers.
Throughout your career, you’ve been involved in arbitration proceedings and mediation. Could you share some insights into the benefits of alternative dispute resolution methods in the legal system?
As a dispute resolution lawyer, I have understood that what a litigant desires the most is to be heard by an adjudicator and the arbitration proceedings conveniently affords that comfort to a litigant. Additionally, the earnest effort of the parties, advocates, and arbitrators to dispose of the matter within a limited time frame augurs well. As judicial intervention is restricted and can be exercised only on limited grounds, the parties are much more likely to accept the arbitral award and save themselves from the seemingly endless cycle of appeals and revision etc.
Mediation has also proven very effective, particularly for certain genres of disputes. Long years of litigation between family members on matters of property etc have an emotional cost. Thicker the tie, the harder it is to remain objective. However, when mediated effectively, I have seen parties settling old property disputes resulting in disposal of long drawn disputes. The same is true in Matrimonial disputes as well. I have attended many mediations in the Supreme Court Mediation Cell where often chequered disputes between estranged spouses end with a reasonable and dignified settlement.
Many fresh law graduates aspire to have a successful legal career like yours. What advice would you give to these graduates who are just starting their journey in the legal profession? What key qualities or skills do you believe are essential for their success?
Success is a relative term and still seems elusive to me. Delivering my best on each and every opportunity has been my only priority. The two indispensable qualities that come in handy for a lawyer are humility and honesty. As rhetorical as it may sound, I feel with humility, one can identify and embrace one’s shortcomings and work on them effortlessly . With honesty, one can win trust and reliability. These eventually translate into valuable social capital.
As a successful legal professional, what are your future aspirations? Are there any particular legal areas or causes that you are passionate about and would like to focus on in the coming years?
I wish to develop a career as an arguing counsel. Till that materializes, I am happy doing it all, namely arguing, drafting, filing, briefing etc. The core idea is to deliver quality legal services in every case.
Lastly, could you share a personal or professional mantra that has guided you throughout your legal career and life in general?
It is true that personal life and professional life tend to run hand in hand. But keeping the two separate is the test of a true professional. Having clinical objectivity towards my professional life has helped me protect and nurture it against the inevitable and sporadic turbulences in my personal life.
Please share with us the journey of how you ended up becoming a lawyer? What inspired you to pursue a career in law, and what were the significant milestones along the way?
I believe that my current profession, which is being a lawyer, has chosen me in a way. I did not actively grow up with a strong aspiration to become a lawyer. My father used to emphasize the importance of understanding the laws of the land, which planted a seed of interest in me. This ultimately led me to pursue a double major in Law and Business Studies at the University of Warwick. However, the idea of being a lawyer and going to court every day was not something I had planned for myself.
Despite this, I feel incredibly fortunate to have received mentorship from a young age, from Mr. Arun Jaitley. Fondly referred to as ‘Arun Uncle’, he was a close friend of my father and had a profound impact on my life and maybe somewhere hearing him regale his court antics had a subconscious impact on the choice I ultimately made. Though, I must say that I learnt it is from Mr Jaitley, I learnt the value of conducting oneself with sincerity while interacting with Clients. He always said, “There is no replacement for sincere hard work in the profession!”
You have an impressive work history, with experience in various areas of law, including Supreme Court litigation, arbitrations, and commercial transactions. How did you decide to focus on these particular areas, such as insolvency, competition law, and white-collar crimes?
My journey in the legal profession started out by getting involved with the team that was working on the BMW Sanjeev Nanda Hit and Run appeal in Delhi High Court. Following that, I commenced working with Agarwal Law Associates [‘ALA’] in 2009, where I dedicated a decade of my career until 2019.
During my tenure at ALA, I found myself amidst the unfolding 2G scam, a major controversy at the time. I actively represented the Essar Group and its promoters in this matter. Coincidentally, around the same period, the coal scam was also coming to light, and I got the opportunity to contribute to that case as well. This involvement marked the beginning of my increasing engagement in matters related to white-collar crime.
Since I set up NM Law Chambers with my Partner- Malak M Bhatt, in 2019, there has been vast amounts of work related to white collar crime and insolvency coming our way. Hence, NM Law Chambers is essentially focused on these areas of legal practice.
As I delved deeper into my legal pursuits, I realized an interesting overlap between insolvency and white-collar crime, which subsequently directed my focus toward insolvency matters.
Presently, I consider myself fortunate to collaborate with the Insolvency Law Academy, where I’m actively engaged in working on a research paper pertaining to personal insolvency law in India.
Throughout your career, you’ve represented a diverse range of clients, including prominent companies and individuals. Could you tell us about a particularly challenging or memorable case that you worked on and how it impacted your approach to law?
Each legal case comes with its own unique set of challenges and trials. At that time, the 2G scam stood as one of India’s most significant white collar / commercial crime cases. It reshaped the landscape of bail jurisprudence and required a reevaluation of legal norms.
Likewise, I was involved in an International Arbitration case centered around the complex concept of advance loss of profit. This particular case demanded a high level of dedication and had a steep learning curve due to its intricate nature.
However, one case that will forever hold a special place in my heart is the effort towards decriminalizing homosexuality. I initiated this petition on behalf of my dearest friend, motivated by the power of love. The impact of the resulting judgment on people’s lives was truly profound.
Your work played a crucial role in the challenge to homosexuality laws in India, leading to the decriminalization of homosexuality. Can you share the experience of working on such a groundbreaking case, and what was the most rewarding aspect of being a part of it?
The petition was a laborious endeavor fueled by deep affection. I drafted and filed it on behalf of my childhood friend. However, during the process of having him sign the affidavit, a sense of concern clouded my thoughts.
This worry stemmed from the fact that, at the time of filing the petition, Section 377 of the Indian Penal Code criminalized even consensual relationships between homosexual individuals. Essentially, I was seeking his endorsement on an affidavit that essentially labeled him as a criminal. This apprehension unsettled me.
Despite my concerns, we proceeded with the filing, and as they say, the rest is history! The most gratifying element of our triumph was the outpouring of tears of happiness that filled the courtroom that day. I bore witness to countless individuals, many of whom I had never met before, stepping forward to convey their elation and gratitude. This experience was truly humbling and served as a poignant reminder that actions undertaken for the sake of love, guided by love, hold the potential for tremendous impact.
You have received recognition and awards for your contributions to the legal field, such as the Forbes ‘Tycoons of Tomorrow’ Award and being featured in the ‘Forbes Powerlist 2021′ and BW Legalworld’s ’40 under 40’ Elite Lawyers. How do you stay motivated and focused on achieving excellence in your work?
The transition from motivation to discipline is a straightforward one. When motivation wanes, discipline becomes the driving force. Personally, I find a sense of satisfaction in adhering to discipline and staying devoted to my commitments.
Recognizing the profound impact our work as lawyers can have on individuals’ lives and freedom, I understand the paramount importance of responsibility in our profession.
Hence, it’s the combination of my innate dedication and the weight of responsibility that serves as the anchor keeping me rooted and concentrated on my path.
Over the years, you have worked with various high-profile clients and handled complex legal matters. What are some of the essential skills and qualities that you believe have been critical to your success as a lawyer?
In my genuine perspective, individuals seldom seek the services of lawyers or doctors willingly and by preference. Their circumstances, often far from favourable, compel them to approach professionals in these fields. Therefore, our role as lawyers (or doctors) is to respond with empathy and compassion, striving to alleviate some of the burdens that accompany their difficult journey.
My approach centers on treating clients with understanding and warmth, aiming to offer them a measure of comfort along their challenging path. This approach serves as the core of my practice, and from there, positive outcomes tend to naturally unfold.
You have experience advising clients in media/TV show productions and commercial transactions. How does your legal background come into play when dealing with such business-related matters, and what challenges do you often face in these areas?
Recognizing the significance of an interconnected legal framework is crucial. Rather than existing in isolation, the law and its concepts should serve as tools to support individuals and enterprises. The initial step involves comprehending and appraising the practical realities of commerce, and subsequently aligning legal elements with those realities. Through experience accrued over time, professionals acquire the acumen to discern which strategies are viable within comparable factual contexts.
The real challenge emerges in persuading clients to remain open-minded and flexible. Encouraging them to eschew rigid expectations and steadfastly held positions can be demanding, particularly when they are fixated on specific outcomes or contractual terms.
As a founding partner at NM Law Chambers, you are responsible for managing and leading a team. What advice do you have for young lawyers aspiring to become partners and leaders in their respective law firms or legal practices?
Your effectiveness is inherently tied to the quality of your team. They constitute the bedrock of your efforts. Thus, it becomes crucial to provide feedback and actively invest in their growth and development.
In addition, it’s imperative to define your personal work ethic and values, and then steadfastly adhere to them.
Personally, I prioritize responsibility and responsiveness towards my clients. Likewise, at NM LAW CHAMBERS, our emphasis lies in delivering optimal performance, focusing on
efficiency and effectiveness. Rather than fixating on monetary gains, we view them as a natural outcome of the dedicated work we undertake.
Throughout your career, you’ve witnessed the legal landscape evolve and change. How do you keep up with the latest developments in law and ensure that your legal knowledge remains up-to-date?
Read. Read. Read. Read.
There is no shortcut to that.
As someone with vast experience in the legal profession, what advice would you like to give to fresh law graduates who are just starting their careers in the field of law? What key principles or lessons have you learned that you believe could benefit them as they embark on their own journeys in the legal world?
1. Knowledge is power
2. Don’t just work hard but work smart!
3. Time management is a valuable life skill and the faster one learns how to manage their time, the happier one will be.
4. Happiness is a choice, we will make everyday
5. Define your own success. You cannot define your success by someone else’s parameters or lens!
6. Take time out for yourself- most important. Do something small everyday that is just for you. Be it a workout or play a sport or read for leisure. Me time is essential.
7. Family and friends are your life support system. Give them the priority they deserve.
8. Lastly, trust the process. Life always has a larger plan for all of us.
Can you tell us about your journey and how you ended up practicing law in the field of life sciences and healthcare?
After graduating from Universidad de Buenos Aires with a law degree in 2002, I joined Marval O’Farrell Mairal as a legal trainee and had the privilege to work in multiple practice areas, such as banking, commercial law, public law, maritime and air law, insurance, and complex litigation.
My first contact with the industry of life sciences –during my practice at the Litigation and Arbitration Department– was through a clinical trial agreement, where I found a really complex regulatory structure for a fascinating industry. After that experience, I decided to develop the regulatory practice at the life sciences department in the firm. I began to network and assist life sciences clients on a wide range of contentious, regulatory, and transactional matters, combining different areas of expertise such as bio-pharmaceutical, healthcare, health-tech, medical devices, dental products, cosmetics, toiletries and perfumes, households cleaning products, food industry, animal health and food, food-contact products, and agribusiness (seeds, agrochemicals, herbicides, insecticides, fungicides, fertilizers, growth regulators, GMOs, and other related products), among other industries.
Nowadays, our practice group for Life Sciences and Healthcare industries is one of the largest and best teams in LatAm. We have a team of six fully dedicated associates, experts in this field, who assist our clients in all aspects of their business. Besides the “pharma team”, we have specialized professionals across all practice areas of the firm (corporate, tax, customs, IP, antitrust, etc.). All together, we are about 60-70 lawyers with an actual life sciences and healthcare practice in connection with our fields of expertise.
Our team provides legal advice to leading global companies on regulatory strategies and compliance matters, ranging from the client’s day-to-day business to complex cross-border transactions, start-ups, joint ventures, M&As, spin-offs, product liability, contracts, compliance training, monitoring, audits and investigations, (trial and pre-trial) administrative proceedings and litigation, and civil and commercial advice in general.
Our main objective is to help our clients by delivering sophisticated, high-quality, and multi-practice work in cross-discipline matters for complex projects, enhancing the outcome.
What drew you to specialize in regulatory strategies and compliance matters for the bio-pharmaceutical, healthcare, and other related industries?
During my practice, I found an important gap between, on the one side, local laws and regulations regulating this industry and, on the other, the challenges clients face regarding compliance with them in the practice. These challenges are especially hard in those spaces where the law has loopholes or is ambiguous. I was able to identify a gap in the Argentinian legal market that no other law firm was fulfilling: the need of clients to receive advice on these matters with an “industrial” focus. We do so by providing multidisciplinary support to the client. The fact that Marval is a full-service law firm gave us an enormous opportunity to encompass this need and provide valuable solutions for clients.
With your extensive experience in both contentious and non-contentious legal advice, what are some of the most challenging cross-border transactions or complex projects you have worked on?
Our Life Sciences & Healthcare practice is consistently involved in large, complex –often high-profile– transactions, and other key matters in the sector. Due to their strict confidentiality, in many cases we cannot refer to the clients and/or projects by name. We will thus mention them broadly:
Currently, we are designing the regulatory, corporate and tax strategy for a top pharma company to merge its multiple corporate and manufacturing facilities structures into one robust cost-effective pharma vehicle, facing the challenges that derive from legal loopholes in the sanitary regulations vis-à-vis the regulated corporate and tax frameworks.
We are advising a global pharma company on the different available business models for landing their operations in the Argentine market.
We assisted a top pharma company in the spin-off and selling of a business unit (mature pipeline) in Lat-Am, coordinating the work in 19 countries.
We assisted three top pharma companies in the designing and implementation of the regulatory, corporate and tax strategy for the spin-off merger of their consumer healthcare portfolio (Rx, OTC, medical devices, cosmetic, and food products).
We assisted a top global food company in the designing and implementation of the water business unit’s spin-off merger for creating a joint venture with a third-party player, from a regulatory, corporate and tax perspectives, covering multiple jurisdictions in the country where manufacturing facilities were located.
We advise top pharma companies for their strategy assessments and implementations of hybrid business models in Argentina.
In the context of a full lockdown due to the coronavirus outbreak, we assisted Pfizer Inc. with the negotiation and execution of the clinical trial agreement for starting phase III trial of the vaccine candidate for Covid-19 in Argentina (August 2020).
We assisted a key global player who offers value-added fermentation solutions for fuel ethanol and renewable chemicals producers, to define the best regulatory strategy for registering fuel and consumable ethanol-based products to develop the local market.
We advised Takeda Pharma when it sold the Hepatalgina business unit (OTC medicine) to Laboratorio Elea-Phoenix S.A. (June 2020). The transaction included the transfer of an operating manufacturing plant, employees, trademarks, and product marketing authorization certificates. The transaction was carried out during the Covid-19 pandemic, while a mandatory quarantine was in force. It therefore required coordinated, innovative, and collaborative legal work to close successfully.
We assessed in negotiating the transfer of technology agreement between a multinational biotech pharmaceutical company, a state-owned pharmaceutical company, and the Argentine Government for manufacturing and supplying a complex drug.
We advised on the start-up operations in Argentina of top-ten biotech global pharmaceutical companies, including orphan drugs manufacturers.
We assessed in negotiating and implementing a divestment process of the local business of a French global pharmaceutical company to move from a full affiliate business model to an indirect business model through a third-party distributor for continuing supplying the local market.
We advise global cannabis companies on the Argentinian regulatory landscape and the possible business models for starting operations in it.
We provided legal support on cross-border transactions in acquiring and restructuring healthcare businesses of global healthcare companies.
We provided regulatory assessment and advice on the Pharmacy Program of a top-three global retail company for its pharmacy division.
We advised on the start-up operations in Argentina of a leading cosmetic and personal hygiene products company in Latin-America.
We provided legal support on cross-border transactions in acquiring and restructuring medical devices businesses of global medical devices companies.
We advised on the start-up operations in Argentina of leading multinational food companies, and a leading global food packaging company.
We provided legal support on cross-border transactions in acquiring and restructuring vineyard and winery businesses, including advice on food-contact regulation for importing finished wine corks.
We advised a leading global infant formula company during a cross-border transaction for acquiring SanCor’s infant formula business unit and designing and implementing a joint venture project.
We advised multinational pharmaceutical companies and US universities on clinical trial matters in Argentina.
We design and implement compliance programs and training for the interaction between pharmaceutical and medical devices companies, and healthcare professionals, HMOs, Pos, and third-party vendors. We also carried out several on-going risk assessments on current practices for the Argentinian market.
We provide specialized advice on pool procurement and risk-sharing schemes for the pharmaceutical industry.
We advised top global confectionery products companies about the Argentinian regulatory landscape and the possible business models for starting operations in Argentina.
We provided legal support and advice on a regional distribution agreement in Lat-Am for a global Japanese chemical company, coordinating the work of several jurisdictions besides Argentina (Brazil, Colombia, Chile, Mexico, and Peru).
We provided regulatory advice to global companies on agribusiness regulations and legal support on cross-border agribusiness transactions (seeds, agrochemicals, herbicides, insecticides, fungicides, fertilizers, growth regulators, GMOs, and other related products).
We have provided both contentious and non-contentious advice to leading multinational companies on regulatory strategies and compliance in the pharmaceutical, healthcare, biotech, medical devices, medical-technology devices, dental products, cosmetics, toiletries and perfumes, households cleaning products, agribusiness and food industries, on a broad spectrum of matters from clients’ day-to-day business to complex cross-border transactions, start-ups, joint ventures, regional business’ re-structuring, M&As, and spin-offs.
As a partner at Marval O’Farrell Mairal, how do you deliver sophisticated, high-quality work in cross-discipline matters for your clients?
By being personally involved in all the on-going projects. I am the first point of contact for my clients, and I am always available for them, either personally or through my team.
We generate 80% of our workload. The pharma team has a fully specialized team of six associates with full time dedication to this practice. The team also has the support of the firm’s other practice areas, to provide life sciences clients with a multidisciplinary, cost-effective support.
For me, as a partner, it is a priority to understand the current needs and goals of our clients. By thoroughly identifying the challenges they face and the dynamics of the industry, we can provide tailored legal advice and strategies that effectively address their specific requirements. Strong client communication and collaboration are fundamental to our approach. We maintain open lines of communication, actively listen to our clients’ concerns, and provide timely and responsive advice. It is about building long-term partnerships based on trust and a shared commitment to achieve our clients’ goals and business needs. In fact, we consider ourselves as trusted advisors for our clients.
You have written numerous articles and co-authored chapters in various publications. Could you share some insights from your recent publications and their significance in the regulatory landscape?
We recently updated The Pharma Legal Handbook for 2023, published by Pharma Boardroom, which is a guide providing in-depth information and analysis of the legal and regulatory framework for the pharmaceutical industry in many countries. It covers a wide range of pharmaceutical law topics, including patents and trademarks, regulatory requirements, clinical trials, orphan drugs and rare diseases, pricing and reimbursement, cannabis, biologics and biosimilars, product liability, and more. This handbook aims to provide practical insight and guidance while navigating the complex regulatory landscape of the pharmaceutical industry. It offers analyses of the key legal issues and challenges faced by pharmaceutical companies, as well as best practices and strategies for compliance.
We have recently updated the International Pharmaceutical Law and Practice as well, published by LexisNexis, a work that also covers the principal regulatory aspects of pharmaceutical law, but focuses on the intellectual property (licensing, trademarks, patents) side of pharmaceutical products. Its importance to the legal landscape lies in how crucial intellectual property is to pharmaceutical companies: it enables them to innovate and protect their investments while maintaining a competitive advantage. By bringing together the essentials of intellectual property law from a pharmaceutical perspective, companies will have a starting point for understanding the requirements they need to meet in order to develop their industry in Argentina and protect their intellectual property.
You have been invited to speak at conferences and seminars in the healthcare and life sciences industry. What are some of the key topics you have covered in these speaking engagements?
My team and I usually participate as speakers in different webinars, conferences, or university classes covering a broad range of topics such as biologics and biosimilars regulations in Argentina, regulatory framework for medicines and devices and possible business models for landing operations, key developments of cannabis laws in Argentina, digital and electronic prescriptions, and the novel front-of-package regulatory framework applicable to foods and beverages. Our main goal is to explain the Argentinian legal framework with a pragmatic approach, where laws and regulations are considered jointly with current practices in the industry, case law precedents, and considerations about where the health authority may be focused at that time.
Could you share your involvement and role in professional organizations such as the International Bar Association (IBA), Lex Mundi, AmCham, and the Buenos Aires Bar Association?
As a member of the IBA Life Sciences and Healthcare Practice Group, I actively participate in it for updating contents and assisting to our global meetings, inviting new pharma colleagues to join us from around the world, and expanding our network, which provides a great opportunity for interaction between peers and clients to debate pressing issues in the industry.
I am an active member of the AmCham’s Health Group in Argentina, which is one of the main platforms in which the private health sector holds meetings to debate about their main public/private interests and make proposals to be debated or analyzed with individuals or entities of the public sector.
I am also involved in other very relevant professional organizations, such as the Food Lawyer Network, the American Bar Association, Latinos in BIO, plus support to programs such as the one conducted by Seton School of Law for the Latin American Healthcare and Life Sciences program.
Among your recent conference attendances, which one stands out to you the most and why?
The conference that stood out the most recently was IBA’s Life Sciences & Healthcare annual global meeting last June in Washington DC, followed by BIO International Convention the next week in Boston, US. At several panels featuring industry speakers and other legal experts during dynamic roundtable sessions we discussed key developments in the life sciences and healthcare industry. These conferences provide an excellent opportunity to network with different peers and industry experts.
With your expertise in the field, what are some current trends or emerging challenges in the life sciences and healthcare sectors that companies should be aware of?
One of the hot topics in Argentina today is the digitization of the healthcare system. Recently, Argentina’s Ministry of Health created a unified digital medical record system that, when applied, is expected to significantly improve the accessibility, accuracy, and efficiency of patient information. It will allow healthcare providers to securely store and retrieve patient data, track medical records, access diagnostic results, and facilitate the exchange of information between different health facilities. The Ministry of Health also stipulated that authorized healthcare professionals can issue electronic or digital prescriptions and treat patients through telemedicine platforms. This is a major step forward, as patients can now access healthcare services without leaving their homes, which is very beneficial in a country like Argentina, that has many rural or remote areas. This shows a tendency to look for new technological solutions to structural problems in the healthcare system.
Another emerging trend is the use of cannabis to develop medicines and foods with potential therapeutic effects. For many years, this was a controversial component, but as medicine evolved, more companies have ventured into the cannabis world to discover its many uses in the treatment of diseases.As research advances and public attitudes change, laws and regulations may adapt to reflect new scientific evidence and public demands. As a result, stakeholders in the pharmaceutical and food industries must stay informed of specific regulatory requirements and developments in their respective jurisdictions, to ensure compliance and safety when dealing with cannabis-based products.
Lastly, what advice would you give to fresh graduates who are interested in pursuing a career in law, particularly in the field of life sciences and healthcare?
Alongside academic learning, practical experience is invaluable. I would encourage them to seek out internships or work opportunities, especially with law firms or in government agencies, or in organizations that specialize in the life sciences and healthcare sector. This experience will allow them to apply their legal knowledge to real-world situations, develop practical skills, and gain important insights into the industry.
In the ever-evolving field of life sciences and healthcare law, it is critical to keep up with industry developments, legislative changes, and significant court rulings. Subscribing to relevant publications; attending conferences, seminars, and webinars; and joining professional associations or networks on healthcare and life sciences are some of the best ways to keep up with recent developments.
It is also helpful to develop a broad skill set and understanding of related areas, such as corporate law or intellectual property. This will enhance their expertise and ensure that they can provide a multidisciplinary approach when assessing a client.
Finally, I would tell them to not underestimate the power of genuine interest and passion. Life sciences and healthcare law can be complex and challenging: it requires a deep understanding of scientific and medical concepts. Stay curious, continue learning, and adapt to new developments. By demonstrating your commitment to clients’ needs, you’ll contribute to a fulfilling and successful career.
Please share with us your journey into the field of law and how you ended up specializing in Commercial Litigation and Dispute Resolution?
It’s quite interesting that I never wanted to study law in the first place! Not having studied science during my 11-12th standards (mostly because I was despicable at it!) made options very limited even more so for someone like me who belongs from a family of doctors. I was always interested in fine arts and thus intended to study history and literature. I got through the iconic Presidency College for History (Hons) , however it was my father’s insistence, despite being a doctor himself, that I should “strongly” consider law as an option. My reluctance, of course, cost me from getting through the NLU’s (National Law Universities) and I ended up studying from a Non-NLU (or as we call it a traditional university, which also happened to be one of the oldest in the State). Much to my surprise law school was an excellent learning curve, mostly owing to some brilliant lecturers who spurred me on (it would be an absolute travesty not to mention three of them: Dr S K Chakrabarti, Mr Navin Sinha and Mr B Sarkar, with whom I must have lost in touch much to my own failures).
Being from Non-NLU comes with its set disadvantages, one of them was, being cloistered from national or global corporate exposure. I had one singular aim in mind, I wanted to go to court, be there, plead, argue, watch, learn and practice. I kept my mind open as to where the profession might take me without pre-empting myself from dedicating myself to a particular area of law early on. This led me to my first senior Mr Paritosh Sinha of Sinha and Co. He pushed me to the original side of the great Calcutta High Court wherein I was entrusted to handle varied types of commercial matters which also included arbitrations/mediations. He trusted a greenhorn to do matters, fail, make mistakes and get up again. Slowly, what started as an innocent attempt to learn about commercial law became a serious endeavour. I was naturally drawn to commercial litigation. The thrill of being in court, the palpable tension, the adrenaline rush to assist a senior counsel arguing for hours on an interlocutory matter or in conducting a trial felt like a second skin. What contributed more was the great privilege of assisting some of the best senior barristers and counsels from the Calcutta Bar from whom I could learn (Mr Anindya Kr Mitra, The late Mr Pratap Chatterjee, Mr S.N. Mookherjee. Advocate General W.B, Mr S.N. Mitra, Mr Abhrajit Mitra, Mr Jayanta Kr Mitra, Mr Kishore Datta, Mr Anirban Ray, Mr Ratnanko Banerjee, to name a few). What was equally contributory was working with some of the best junior counsels I have encountered in my professional life. Some of them are my contemporaries yet undeniably from whom I have learned every day since last decade! (Mr Chayan Gupta, Mr Soumabho Ghose, Mr Sarvapriya Mukherjee, Mr Shaunak Mitra and Mr Pranit Bag warrant a huge mention). The more I did matters, the more I developed and a turn of fate (and a bit of hard work I would presume!) landed me with one of the oldest and biggest law firms in India, Fox and Mandal (F&M). At F&M, my skill set was tested, enhanced and tried at all levels. Under the expert guidance of Mr. Debanjan Mandal, Partner (who in my small experience is possibly one of the sharpest legal minds in India) and Mr Sandip Dasgupta, Partner, I not only learned so much about the art of solicitorship and advocacy but was continually entrusted with commercial litigation of all sorts and dispute resolution on a national and international level. By the time I realised, I had already spent a decade in the profession and I cannot imagine doing anything else!
With your extensive experience in Commercial Litigation, Dispute Resolution, and representing clients from both private and public sectors, could you highlight some of the most challenging and interesting cases you’ve handled?
There are far too many for this limited space and time! And for understandable confidential reasons, I cannot name them in detail. However, my first big matter, which grabbed a few eyeballs owing to its uniqueness, remains special. It involved a partnership business for an online gaming platform. One single matter made my foray into partnership law, derivative action under company law, and intellectual property rights – not only before the High Court but also before WIPO and the law of criminal defamation. Cases were filed, actions, reactions, counter actions and retaliations were done which pushed me to the limit- sleepless nights, countless conferences with senior barristers, days of research into points of law and arguments for hours before the court. Another, I remember distinctly wherein we were representing a major state-owned enterprise faced with an invocation of a Rs 400+ crore bank guarantee. The case apart from presenting its challenge owing to technicalities of the mining operation in question was also beleaguered by the law revolving around the invocation of bank guarantee- which as many would know is very strict. We had anticipated that we might not succeed before the Single Judge and had prepared an appeal even before the original case was filed by us! On the day, as expected we didn’t draw first blood before the single judge and a whole domino effect took place thereafter. The judgment was delivered post lunch around 2 p.m. Going by the contingency plan we immediately obtained leave to appeal without the copy of the judgement from the Chief Justices Court around 2.30 pm and pleaded the urgency to list the matter around 3.30 pm. Once listed, preliminary arguments took place and we were successful in obtaining a stay of the appeal, pending final adjudication on the same day itself around 4.30 pm! saving the state and the state enterprise from being plunged into ‘darkness’! What was not only high profile but also fraught with trepidation, now (as I look back turning time- not in a H.G. Wells manner, though!) was a full day of thrilling legal drama, which in hindsight has taught me much about holding onto nerves in the field of commercial litigation.
Your career has taken you through various practice areas, from Criminal Laws to Intellectual Property Laws and Company Law. How do you manage to excel in such diverse areas of law?
To be candid, one cannot excel in ALL spheres. However, what one can do is put his/her best foot forward, utilize the knowledge gained, and the skill set acquired and “try” to win. What is important is not just excelling but being involved and genuinely committed to the work being done and endeavouring to get the best results/outcomes in the given circumstances. Yes, being interested, inclined and involved in full steam is the stepping stone to excelling but for me, the trick is not excelling or knowing about everything but knowing everything about certain things. In that way, my belief is, the quality of work is much more refined and superior AND that is what will separate one from others.
Before pursuing your master’s degree, you worked as a Senior Associate at a renowned law firm in India. How did your experiences there shape your career and influence your decision to further your studies?
Working as a SA that too in a top law firm comes with a set of challenges. It will push and test you mentally, psychologically and most importantly intellectually. I believe working at such a high level with not just a myriad of matters to handle at a given time but also continually learning from senior counsels/barristers develops and refines one understanding of the law, its working and its granular nuances. During my time I was at a given time exposed to arbitrations, commercial litigations, drafting, research, pleading, strategic decision-making, and judgement calls- a whole universe of disputes and whatever comes with the territory. Every experience no matter how small or big the matter made a mark in the way I would think, perceive, react or even respond to situations. It made me more alert, aware and intellectually open. Quite plainly, it prepared the breeding ground for being “ready” to take on the challenge that is presented by studying at an international level. After a point, I thought that it was time to take the plunge.
What motivated you to pursue your master’s degree in International Business Law with a focus on International Commercial Arbitration and Investment Arbitration?
Turn of fate is rather a cheeky first instinctive answer to this! On a serious note though, My academic journey has been a roller-coaster ride. In 2016, I was selected for pursuing my master’s at the National University of Singapore (NUS). Unfortunately, I could not take up the offer owing to personal issues. Thereafter, I never thought of pursuing my master’s and had some of the most brilliant working years of my life. In 2020, like many, Covid gave me time to retrospect and introspect. The deep-rooted urge to pursue my master’s degree, which I thought had been quelled over the years, egged me on. I applied once again, not to NUS anymore, but only to three colleges in London (I got through two, KCL being one of them). I was certain that I wanted to study in London and one of the three colleges owing to the subjects on offer and world-class faculty. What started as a perfunctory attempt ultimately led to the doors of King’s College, London. Since my background and skillset have always been in commercial law and dispute resolution, specializing in that area was a natural choice. The strategy was to play to my strengths, which I did. The underlying objective or motivation was simple: gain a finer understanding and international exposure to the concerned area of law.
Could you share some of the key lessons or experiences from your time studying at King’s College, London, and being taught by leading barristers in the field of dispute resolution?
The experience of studying in such an iconic college is overwhelming not just in terms of the intellectual challenges that it encompasses but also the pressure to survive and perform in a batch with such diversity. Colleges like KCL always boast of an extremely diverse cohort wherein one is competing against some of the brilliant minds across the globe. During my time in England, I have been fortunate to have been taught by some of the leading barristers of not just England but of the world. Some of them include Samuel Wordsworth KC, Lucas Bastin KC, Dr. and Paul Key KC all of whom I proudly call my professors and continue to have good relationships with them. King’s College London has always, historically, been associated with leading practitioners who regularly teach. The current heavy-weight names include Samuel Wordsworth KC, Lucas Bastin KC, Dr Paul Key KC, Phillipa Webb, Julian Bailey, Jason Fry KC and Lord Guglielmo Verdirame KC. Past names include the legendary Late VV Veeder (aka Johnny Veeder), the Late Prof. Martin Hunter (of Redfern and Hunter fame), and Toby Landau KC (who has now shifted his practice to Singapore). One of the major takeaways is that the teaching methodology, the emphasis on critical thinking and the diverse views of other students compel one to engage, think, introspect, present and importantly be flexible to differing perspectives and ideas. It prepares you for critical challenges that the profession will throw at you. It goes without saying that access and interaction with the best minds, apart from being a rare opportunity, also is a tremendous learning curve.
Working with a public international law firm like Volterra Fietta must have provided unique challenges and opportunities. Could you share some of your experiences in representing states and investors in investor-state disputes?
My aim to develop in the area of investment arbitration and public international law (I had a fair amount of experience in commercial arbitrations back in India) led me to work with the renowned public international law firm, Volterra Fietta (VF). VF’s uniqueness lies in being one of the rare firms currently on the planet to exclusively specialize in various aspects of public international law be it before the ICJ or investment arbitration tribunals or the English courts. It is not every day that a ICJ case or an investment arbitration comes about but if it does one needs a firm like VF to tackle the nuances of public international law (which by the way very few can!), apprehend critical hard facts, forensically strategize and advocate the case to bring about the best results. Naturally, being with VF’s investment arbitration practice team has allowed me to gain substantial experience in advisory and highly contentious work, representing both state and investors, in connection to the interpretation of treaties and broader public international law aspects. I have the good fortune of being involved (along with others in the firm) in important matters relating to climate change before the ICJ as VF is mandated to represent one of the Caribbean countries, a multi-million dollar development construction investment arbitration disputes under ICISD for one of the small island states and also a multi-billion dollar investment arbitration against France, under the aegis of PCA, relating to gold mining concessions, to name a few. The experience has thus been very varied and testing. When working at such an international level, the stakes are always high, there is hardly any room for error. One must be on their toes, being rigorously meticulous. The test of strict timelines fixed by the court /tribunal, the precision of pleadings, the presentation of facts, the research of law, long hours (not even remembering which day it is, at times!), the advocacy before an international tribunal (which, more often than not, would consist of some of the biggest names in public international law) handling high profile client representatives are some of the challenges. One wrong step can fatally affect the case and the client. One will falter at times as to err is human, but it is equally fulfilling to learn from specialist practitioners, at the top of their form, how one can tackle these challenges every day. Hence much is credited to the inimitable Robert Volterra, Founding Partner, Mr Gunjan Sharma, Partner and Ms Angela Ha, Counsel.
Balancing your professional career as a lawyer with your passion for writing fiction and photography sounds intriguing. How do you find time to nurture your artistic pursuits alongside your legal practice?
Quite frankly, I don’t always get time as being a disputes lawyer can flush out life! However, I try my best to read, travel, capture moments and put them down into words for my own sanity. I must, of course, admit I am not a prolific writer! I am a reader more than a writer. It was, again, pure luck that one of my short stories got published (God knows how that happened but I will take it!). Understandably and bitterly right, my photography has yielded lesser results of such nature! (now, in this case, god knows why that has been so!).
Notwithstanding the dry sarcastic humour, I believe one must always find time to engage or indulge in activities outside the profession and hold them dear to the heart. For me, it is photography, reading and writing (at times!). Indeed, work pressure will always be persistent, on the flip side what is equally true is that its intensity will vary. It is in those golden bouts of intermittent sanity that one must disengage from the legal world. On a lighter vein though, maybe, I try to compensate or overcompensate for the regret of not being able to study literature and history!
What advice would you give to fresh law graduates who are aspiring to build a successful career in Commercial Litigation and Dispute Resolution, especially those who come from non-NLU backgrounds like yours?
One thing to be clear at the outset, is that the profession is tough. No matter which branch of law one practices, it is a rigorous profession. It becomes cruelly painstaking when one ventures and tries to eke out a living from commercial litigation and dispute resolution. As I said, being from a non-NLU background can have its challenges at the initial stages but it cannot define one’s work. It cannot define you, therefore NEVER let it. At best a non-NLU background will put you behind the race but it cannot put you out of the race. Whoever is out there from a non-NLU, do not let your background define your work. A sense of single-mindedness is required to build a career in disputes and this is what I call the “3-D” effect: Discipline, diligence and determination. There cannot be any substitute for this. There never has been and never will be. Therefore, one should concentrate on building up and creating good quality and body of work. The opportunities or recognition comes from the work one delivers and not from a person’s background. One must be patient and ready to persevere, burn the midnight oil, and suffer the frustration of less or no work and money in the initial stages. It is often said ‘love what you do and do what you love’. This might sound easier said than done but in my experience, this is the way one can work towards whatever one wants to achieve. Importantly, you cannot stop believing in the work that you are doing- this is irrespective of where you come from and whatever work one is doing. The day you stop believing in the work, it will be the end of that area of practice. As Denzel Washington said in his NAACP image awards ceremony speech, “Keep working, keep striving, never give up. Fall down seven times and get up on the eight”.
Q10. Lastly, what do you envision for your future in the field of international dispute resolution and commercial litigation? Are there any specific goals or areas you would like to explore further? I have always been a dispute lawyer and will continue to be so. I have realised that there is so much out there on a global scale to learn not just about commercial arbitration but litigation and importantly about treaty arbitrations. My interest in dispute resolution more specifically in investment arbitration (aka treaty arbitrations) which happens to be an offshoot of public international law is much credited to Samuel Wordsworth KC (whom we fondly call “SAM”) and Lucas Bastin KC as they tapped into the brain and exposed me to the rich yet complex and beautiful word of treaty arbitrations and in turn to the universe of public international law. This has been further accentuated by my work with VF. I may not be new to the world of commercial litigation or commercial arbitration but fairly green to the universe of public international law and treaty arbitrations. People who have tasted its cypher have been sucked into this fascinating field like quicksand only to be consumed in the whirlwind of its finer nuances. I shall continue to work, explore and develop in the field. As I would say, you can take the lawyer out of disputes but never the disputes out of the lawyer! Hence, ideally, I will always strive to maintain a balance of disputes work with commercial litigation to the plausible extent it can be and look forward to working and learning from the best legal minds ploughing the planet currently.
Can you tell us about your educational background and how you ended up pursuing law after completing your CA and BCom degrees?
I have always been interested in law and used to look up to my seniors/mentors in the family circle who are in this field. As I was pursuing CA, I simultaneously started my law course post my graduation. I believe that my educational background has given me a unique perspective and a competitive edge in the legal field.
You have an impressive range of experience in various sectors, from Fintech to Energy and Infrastructure. What drew you to work in such diverse industries in the field of taxation?
I have always been interested in taxation as a way of understanding how different sectors of the economy operate and interact. I enjoy learning about the specific challenges and opportunities that each industry faces, and how tax policies can affect them. These are dynamic and innovative sectors that have a significant impact on changing the way economy functions and society. I mean we can see the kind of fintech’s getting registered in GIFT City (IFSC) and huge impact that they have in breaking stereotypes, changing the way people understand personal financing or personal investing. It is fast capturing the huge market potential and I think would continue doing that for the time to come.
You’ve handled M&A transactions and tax due diligence for several clients. Could you share a memorable experience where your tax expertise played a critical role in the success of a deal?
It was the most challenging and a steep learning curve of my career when we helped a client acquire a company that had significant tax liabilities. Client wanted to buy the company, but they did not want to inherit the tax problems.
We conducted a thorough tax due diligence on target and identified main areas of exposure and potential solutions. We also assisted in obtaining a clearance certificate that would protect the client from any future claims. We also advised on optimal tax structuring alternatives for the acquisition, taking into account the tax implications thereof.
As a result of our months of hard work, client was able to close the deal with confidence, and saved millions in taxes and penalties. I was very proud of my contribution to this deal, and I received positive feedback from my partners.
I also cherish receiving a commendation from our partner for conducting an internal training on new joinees on several aspects of M&A.
As a Partner at MVKINI Law Firm, you lead the tax department and manage a team of lawyers and CA’s across multiple offices. How do you ensure effective collaboration and coordination among team members?
It is challenging when team is spread across multiple offices and has different areas of expertise. I try to set clear goals and role profiles of team members, setting the priorities right and most importantly leveraging technology tools, such as video conferencing and cloud platforms, to facilitate effective communication and real time collaboration among team members. It is also important to continuously develop their skill sets through regular trainings particularly in our dynamic and evolving field of taxation.
During your time at Ernst & Young, you worked on advising prospective resolution applicants on acquisitions under the IBC regime. What were some of the most challenging aspects of dealing with distressed undertakings in terms of taxation?
One of the most challenging aspects of dealing with distressed undertakings in terms of taxation was the uncertainty and complexity of the tax implications arising from the resolution process. For instance, we had to assess the tax impact of various structures to implement target acquisition, such as debt restructuring, asset sale, merger or demerger etc. We also had to consider the tax implications of any write-off or waiver of debt, as well as the tax treatment of any losses or unabsorbed depreciation carried forward by the corporate debtor. Furthermore, we had to keep abreast of the evolving regulatory and judicial developments in this area, as there were many unresolved issues and conflicting interpretations regarding the taxation of distressed undertakings under the IBC regime.
From your experience in handling tax litigation and representation before various authorities, what are some key strategies you employ to achieve favorable outcomes for your clients?
It is already well emphasized and there are no two views about it. What is of paramount importance is thoroughly digging and understanding facts of the case. It is also an art to get complete set of facts out from a client and once a lawyer is aware of facts, I would say half the battle is won. Certainly researching and preparing legal arguments and presenting effectively is other part of the coin.
I also prepare clear and persuasive arguments and evidence to support my client’s position and challenge the opposing party’s claims. Also, I believe litigation is not all about fighting only for the sake of it. What I have learnt from my seniors is to not force clients into prolonged litigation and wherever possible seek to resolve the dispute through negotiation or settlement.
You’ve also been involved in assisting FPI clients with Indian tax compliances. Can you share some insights into the specific challenges and considerations that foreign investors face while navigating the Indian tax landscape?
One of the main aspects of my work was to help FPIs comply with the Indian tax laws and regulations be it advisory, compliances or litigation. Some of the challenges and considerations that FPIs face while investing in India are:
– The classification of FPIs into different categories given their unique structures in their home jurisdiction and navigating the same into Indian jurisprudence based on tax treaties
– The withholding tax obligations on various types of income, such as dividends, interest, capital gains, and royalties, and the availability of tax treaties and lower rates for certain jurisdictions.
– The reporting and documentation requirements for FPIs, such as filing of tax returns, furnishing of certificates, and maintaining of books of accounts and records. I witnessed how EY was a flagbearer in implementing automated processes for doing these tasks and the amount of effort and investment that went into doing so.
– The risk of tax audits, assessments, and disputes by the Indian tax authorities, and the options for resolution and appeal.
With a substantial background in IBC litigation and commercial arbitration, what advice would you give to businesses or individuals who may find themselves in insolvency situations?
Insolvency situations are complex and challenging for any business or individual, and they require careful planning and professional guidance. My advice would be to seek legal assistance as soon as possible, and to explore all the available options for resolving the insolvency, such as restructuring, settlement, liquidation, or bankruptcy. I would also advise them to cooperate with the creditors and the insolvency resolution professionals, and to comply with the relevant laws and regulations. Additionally, I would suggest them to consider the benefits of alternative dispute resolution methods, such as arbitration or mediation, which can help them avoid lengthy and costly litigation, and achieve a more satisfactory and amicable outcome.
Having worked in both corporate law and tax advisory roles, how do you strike a balance between legal compliance and tax efficiency when structuring deals for clients?
As a legal and tax advisor, I always aim to provide solutions that are both compliant with the relevant laws and regulations and efficient in terms of tax implications for the clients. I believe that legal compliance and tax efficiency are not mutually exclusive, but rather complementary aspects of deal structuring. To achieve this balance, I follow a few principles:
– First, I always start with a thorough analysis of the client’s objectives, needs and preferences, as well as the specific facts and circumstances of the deal. This helps me to understand the scope and complexity of the issues involved and to identify the potential risks and opportunities.
– Second, I research and evaluate the applicable legal and tax frameworks, both domestic and international, that govern the deal. I also keep abreast of the latest developments and trends in the relevant fields, such as new legislation, case law, guidance and best practices.
– Third, I design and propose solutions that are tailored to the client’s situation and goals, taking into account the legal and tax implications of each option. I also communicate clearly and effectively with the client, explaining the pros and cons of each solution, as well as the assumptions, limitations and caveats involved.
– Fourth, I collaborate and coordinate with other professionals, such as lawyers, accountants, bankers and consultants, who may have different perspectives and expertise on the deal.
– Fifth, I monitor and review the implementation and execution of the deal and provide ongoing support and advice to the client, in case of any changes or issues that may arise after the deal is closed.
Throughout your career, you’ve worked with clients from various sectors and industries. How do you stay updated with the ever-changing tax laws and regulations to provide the best possible advice to your clients?
That’s a great question but I am afraid my answer not any different. It is 3R’s – READ, READ and READ
I think it’s very important to keep up with the latest tax rules and trends, especially in this dynamic and complex environment. You need to subscribe to knowledge databases, newsletters and podcasts from reputable sources that cover tax news and analysis, follow some influential tax experts on social media and blogs, attend regular webinars and workshops that offer updates and insights on various tax topics and issues. What is also understated is consulting with fellow colleagues or mentors if you have any doubts or questions who are always welcoming and provide different perspectives which you might have just not thought about. In fact, I also sometime try to find time to share my knowledge with extended family on LinkedIn by sharing my analysis on latest tax controversies and new legislations.
As someone who has achieved considerable success in your field, what advice would you like to give to fresh law graduates who are just starting their careers in the legal profession, especially those interested in taxation?
Don’t stop asking questions and learning new stuff. Tax law is tricky and always changing, so you gotta keep your curiosity and your brain sharp. Look for ways to learn more, like taking courses, going to events, and reading a lot. Get your hands dirty, try to get as much real-world experience as you can, through internships, jobs, or whatever. This will help you improve your skills and meet people who can help you out.
Money should be secondary as your career just starts and I strongly discourage this tendency nowadays to switch jobs in name of ‘climbing the ladder’ or taking a ‘steep curve’.
A good mentor can help you navigate the tough times (which very often comes in this field), so find one and discuss whenever in doubt. Also, I do believe, everyone has their own set of challenges and pace, so relax and avoid self-comparing tendencies. There is this poem which was introduced to me by our CA-IDT class professor, Mr Ajay Jain – DON’T QUIT
Can you tell us about your journey and how you ended up practicing law with a focus on litigation and alternative dispute resolution?
My journey in the legal profession has been deeply influenced by the inspiring example of my father, an esteemed and hardworking advocate in his own right. Witnessing his dedication and success in representing clients from diverse backgrounds before the courts instilled in me a profound interest in litigation from an early age.
I believe my foundation in law was laid through observing my father’s work, engaging in discussions with him about courtroom strategies, and purely out of curiosity reading pleadings and cross-examination notes prepared by him. These formative experiences fostered a natural inclination towards litigation and reinforced my determination to follow in his footsteps and practice as a litigator.
During my time at law school, I pursued internships and opportunities that allowed me to gain hands-on experience in the world of litigation. One significant association was with the law firm M/s Shaunak Satpute & Co., renowned for its expertise in representing clients before various courts and tribunals. As an intern and later as an associate with this distinguished firm, I had the privilege of drafting pleadings, handling ancillary court documents, and independently arguing cases in front of the judiciary. The guidance and mentorship of Mr. Satpute, a seasoned legal professional, played a pivotal role in honing my skills and bolstering my confidence. I am immensely grateful for the platform provided by M/s Shaunak Satpute & Co., as it equipped me with the necessary skill set and fortitude to build a fulfilling career in litigation.
My journey as a litigator has been shaped by a passion for justice, a dedication to the legal profession, the invaluable lessons learned from my father coupled with the emotional urge to follow his footsteps and esteemed mentors and guiding forces like Mr. Shaunak Satpute, Mrs. Zia Mody and Mr. Farhad Sorabjee throughout my career.
You’ve had extensive experience representing clients before various courts and tribunals in India, including the Supreme Court and different High Courts. What attracted you to this area of law and how did you become involved in such diverse and complex cases?
Indeed, the allure of litigation lies in the profound opportunity to champion our clients’ causes and seek justice before the courts. I firmly believe that advocacy in the courtroom is the heart and soul of our profession, and it is this conviction that drew me to this area of law.
Litigation is akin to a captivating game of chess, where strategic thinking, extensive research, and meticulous preparation are paramount. The thrill of pleading one’s case before the court is matched only by the satisfaction of crafting compelling arguments and presenting them effectively. Each case presents its unique challenges, requiring a keen understanding of the law and a proactive approach to anticipate the opposing party’s moves.
After my tenure at M/s. Shaunak Satpute & Co., I had the invaluable opportunity to join AZB and Partners, a prominent law firm in India, where I had the privilege of working closely with Mrs. Zia Mody. This experience exposed me to complex and diverse litigations and arbitrations, including high-stakes disputes involving public trusts, international commercial arbitrations, and fiercely contested corporate disputes.
Under the mentorship of Mrs. Zia Mody, I honed my skills and cultivated a never-say-die attitude. Over the course of my six years at AZB, I had the privilege of representing clients in matters before the Bombay High Court and the Supreme Court of India. Several of these landmark cases resulted in reported judgments, which further underscored the depth and complexity of the matters I handled.
Followed by my stint at AZB, I have been working with JSA as their disputes partner for last eleven years where I have continued to handle and lead high-value and intricate cases before various Courts, and fora. At JSA I have had the opportunity of advising and representing diverse clients in arbitration proceedings both, domestic and international. This continued exposure at JSA has equipped me with the confidence and acumen necessary to navigate any challenge, no matter how intricate or critical. JSA has also provided me with the platform and independence to expand my practise in diverse areas of corporate & commercial disputes, as well as matters pertaining to Media & Entertainment law which include contentious matters pertaining to copyright infringements in cinematographic films, disputes pertaining to rights in a cinematographic film, legal opinions on copyright infringement, advertising standards, disparagement, advisory and documentation in relation to assignments of rights in a cinematographic film. This has shaped me into a seasoned litigator, capable of representing our clients’ interests with unwavering dedication and a commitment to excellence.
The field of law can be quite challenging and demanding. Could you share some of the most memorable or impactful cases you’ve handled throughout your career?
I must admit that the field of law is indeed dynamic and presents a constant stream of challenges. Throughout my career, I have had the privilege of handling numerous impactful cases, each with its own unique set of facts and complexities.
Among the most memorable and impactful cases was a dispute between two joint venture partners, which epitomized a classic shareholder’s dispute. This matter demanded urgent applications for interim relief, requiring my team to employ strategic foresight and navigate potential countermeasures. The late-night counsel conferences and rigorous internal discussions to chart the best course for our client were defining moments. Ultimately, achieving a favourable outcome in that matter remains a cherished and highly instructive experience for me as a litigator.
Another significant case involved a contractual dispute between our client, a renowned software company, and a formidable counterparty engaged in the travel and tourism business. The counterparty resisted the appointment of an arbitrator and opposed Section 11 proceedings all the way to the Supreme Court. The complex arguments presented by both sides during the Section 11 proceedings at the High Court and the Supreme Court culminated in reported judgments in favour of our client.
Adding a unique twist to the case, the arbitrator initially appointed by the Court on behalf of the counterparty recused himself, leading to the counterparty’s attempt to appoint an arbitrator of its choice after forfeiting its right to do so initially. My team successfully filed an application opposing this appointment, contending that the counterparty had relinquished its right and, given that the court had appointed the original arbitrator, only the court could appoint the replacement. This application, too, was contested vigorously before the High Court and the Supreme Court, ultimately resulting in a favourable judgment for our client.
These cases exemplify the essence of practicing law, where relentless dedication, strategic acumen, and profound legal knowledge converge to secure the best possible outcomes for our clients. I take immense pride in leading our firm’s talented team to handle such impactful cases and provide exceptional legal representation to our valued clients.
In your profile, you mentioned advising and representing clients in international arbitrations. How does the approach to international arbitration differ from domestic ones, and what are the unique challenges you face in cross-border disputes?
Here, I must underscore that international arbitration stands apart from domestic proceedings due to its unique complexities and considerations. When dealing with cross-border disputes, we approach the process with careful attention to the applicable law governing the contract and the rules governing the arbitral proceedings. Given that, wherever necessary, engaging a local counsel or law firm specializing in the relevant law ensures sound legal advice and accurate contract interpretation, enhancing the overall effectiveness of the representation.
One key distinction in international arbitration is the approach to discovery. The process of requesting and objecting to document production differs in form and practice compared to domestic arbitrations. Therefore, I along with my team adopt a tailored approach to address these nuanced aspects while representing our clients in international arbitrations.
Cross-border disputes present distinct challenges, notably the fixed time frames allotted for conducting cross-examinations and advancing arguments. Adequate preparation is essential, and we meticulously adhere to time limits for cross-examination of witnesses and oral arguments. To ensure optimal performance, we conduct mock trials in advance of the hearings.
Additionally, enforcement of foreign awards poses another challenge in cross-border disputes. My team remains vigilant in navigating the intricacies of enforcing such awards, employing our expertise to protect our clients’ interests throughout the process.
White-collar criminal proceedings and investigations are another significant part of your practice. What drew you to this particular area of law, and how do you navigate the complexities of representing clients in such cases?
My journey in the legal profession has been marked by versatility and adaptability. As a young litigator, I embraced the responsibility of handling both civil and criminal matters, as it was expected of me to be well-rounded in my practice. This early exposure to a diverse range of litigation mandates allowed me to develop a comprehensive skill set, enabling me to adeptly represent clients in various legal arenas.
In recent times, the boundaries between civil and criminal proceedings have become less distinct. Commercial transactions can often lead to disputes where parties find themselves embroiled in parallel civil and criminal proceedings. Consequently, my team and I frequently find ourselves representing clients in both civil and criminal matters arising from the same transaction.
Handling criminal proceedings and investigations demands agility and quick thinking. As we strategize, decisions must be made swiftly, always keeping in mind the imperative of minimizing risk exposure for our clients. Though it can be a demanding and sometimes stressful process, the adrenaline rush of navigating criminal cases is truly unmatched.
To successfully navigate the complexities inherent in criminal matters, we place paramount importance on understanding the client’s perspective and the transaction at hand. Formulating a clear strategy, including anticipatory bail or bail applications, becomes essential in such cases. We also ensure that our clients are fully informed of the merits of their case, based on the charges they are facing. Sensitizing clients to the realities of the situation and emphasizing the significance of cooperating with the authorities during investigations are vital aspects of our counsel.
When handling criminal matters for our corporate clients, we understand that certain criminal actions may be initiated as pressure tactics and may not necessarily warrant prosecution. Despite the frustration that may arise during such processes, I guide my clients through effective counter steps and actions to address these proceedings, always prioritizing their liberty and best interests.
Your media and entertainment practice involves dealing with copyright infringements, film rights, and advertising standards. What are some of the key issues and legal nuances that arise in this area, and how do you protect your clients’ interests effectively?
I happen to be acutely aware of the key issues and legal nuances that arise in this dynamic area of practice. Copyright infringement claims pertaining to film scripts, exclusive event photographs, and well-known trademarks, as well as cases involving comparative advertising, are among the prominent challenges faced in the realm of intellectual property. Over the years there has also been an increasing trend in matters concerning alleged copyright infringements at inter-office/corporate musical events.
To effectively protect the interests of our clients, we employ a comprehensive approach that begins with issuing cease and desist notices to parties infringing upon our clients’ IP rights. When necessary, we swiftly initiate appropriate legal actions seeking urgent ad-interim reliefs, which may include seeking injunctions or other forms of emergency relief. In certain cases, we also take recourse to initiating criminal proceedings under the relevant statutes to safeguard our clients’ rights under the trademarks act.
In addition to our vigilant efforts in enforcing IP rights, I provide strategic advice to clients on matters concerning comparative advertisement, ensuring compliance with the Advertising Standards Council of India (ASCI) rules. Keeping abreast of evolving guidelines on misleading advertisement, we counsel our clients on adhering to the most recent regulatory standards to minimize legal risks.
In a world where the media and entertainment landscape is constantly evolving, we pride ourselves on offering tailored legal solutions that safeguard our clients’ creative works, brand identities, and commercial interests.
Throughout your career, you’ve advised clients from various industries and regions. How do you stay updated with the ever-changing legal landscape, especially in the international arena?
As a dedicated legal professional, I recognize the imperative of continuous learning to navigate the ever-changing legal landscape effectively. Staying updated with the latest legal developments, both domestically and internationally, is a top priority in my practice.
To keep abreast of the dynamic legal landscape in India, I diligently monitor any amendments to statutes and the introduction of new legislative regimes. Additionally, I remain vigilant in tracking important judgments in my practice area, discussing them with my team to ensure we stay well-informed.
Furthermore, being aware of the latest trends and practices in various industries where I advise clients is essential. This knowledge enables me to offer well-rounded and strategic legal counsel tailored to their specific needs.
In the international arena, I would be remiss if I didn’t mention the multiple opportunities provided to me by my Partner Mr. Farhad Sorabjee to meet and interact with lawyers across international jurisdictions. I have been blessed to meet legal luminaries across the globe and speak in webinars and conferences on legal trends in these jurisdictions and build strong connections across borders. I also subscribe to newsletters and publications from reputable sources in various jurisdictions to maintain an up-to-date understanding of international legal developments.
As a seasoned practitioner, I firmly believe that continuous reading and learning are indispensable for any successful legal professional. The commitment to being a lifelong student of the law allows me to provide the highest level of legal representation to clients from diverse industries and regions.
Could you share a particularly challenging case you’ve worked on and how you were able to find a successful resolution for your client?
One of the most demanding and distinctive cases in my career involved a representative suit filed against my clients during the challenging period of the Covid-19 pandemic when the Bombay High Court was functioning exclusively in a virtual manner. This case was particularly notable as it was the first matter taken up for final hearing and adjudicated virtually by the Bombay High Court, entailing extensive volumes of pleadings filed online by both parties.
In this matter, two former employees of my client initiated a Representative Suit along with an Interim Application on behalf of 256 ex-employees before the Bombay High Court, seeking a stay on my client’s discontinuation of premium payments for medical insurance coverage. My team and I represented and defended the Company in these proceedings, which presented intricate legal issues involving the grant of mandatory injunctions and the application of promissory estoppel in India. Additionally, the court deliberated at length on the impact of the Covid-19 pandemic on the cessation of premium payments during an extensive online hearing.
The outcome of this complex case proved successful for our client. The Single Judge of the Bombay High Court dismissed the Interim Application, upholding our client’s position, and observing that while Covid-19 had indeed affected both individuals and companies, it could not serve as a ground to bypass the standard legal requirements for the grant of mandatory injunctions.
The ex-employees filed an appeal before the Division Bench of the Bombay High Court, which, too, was subsequently dismissed, affirming the favourable outcome for our client.
The proceedings of this case were marked by the unique experience of filing comprehensive pleadings online and conducting a final hearing of a complex matter virtually. The challenges posed by this novel approach to litigation underscored the adaptability and resilience of my team. Ultimately, the successful resolution of this case stands as a testament to our unwavering commitment to diligently represent our clients’ interests, even in unprecedented and challenging circumstances.
As a seasoned attorney, what are the most valuable lessons you’ve learned from your experiences in the legal profession?
Throughout my extensive journey in the legal profession, I have gained invaluable insights and learned several key lessons that have shaped my approach as an attorney. These lessons can be summarized as follows:
Patience and focus are essential virtues in the legal profession. Rather than seeking immediate results, I have learned the value of staying committed to the long-term goals of my clients, meticulously working towards achieving favourable outcomes.
In the dynamic world of law, learning is a perpetual process. Each case and every interaction with colleagues and mentors provide opportunities for growth and knowledge enrichment. I firmly believe that the willingness to learn and adapt is a hallmark of a successful legal professional.
Throughout my career, I have been fortunate to receive guidance from seasoned mentors. The wisdom imparted, whether through direct teachings or subtle corrections to my work, has left a lasting impact on my approach to legal practice.
Regardless of the nature of a court appearance or meeting, I have learned the importance of thorough preparation. Even when seeking an adjournment, being well-prepared demonstrates professionalism and respect for the judicial process.
As a legal practitioner, my primary duty is to my clients. I have learned to provide them with candid and honest assessments of their cases, ensuring that they have a realistic understanding of their situation and the potential outcomes. This approach fosters trust and enables clients to make informed decisions.
Considering your extensive experience and expertise, what advice would you like to give to fresh law graduates who are just starting their legal careers?
To the aspiring young law graduates embarking on their legal careers, I offer the following advice, drawing upon my own experiences in the field:
In the pursuit of a career in litigation, it is crucial to develop a strong foundation by learning the fundamentals of litigation practice. Familiarize yourself with the process of filing a matter, addressing office objections, and understanding court procedures. Embrace the basics, as they form the bedrock of your growth as a litigator.
Spend time in court observing experienced counsel argue their cases. Take note of the principles of law they cite, their approach to presenting arguments, and how they handle interactions with the judges. Observing seasoned practitioners will provide invaluable insights into the intricacies of court craft.
Entering the legal profession may seem overwhelming at first, as the practical aspects of litigation can differ from the theoretical knowledge imparted in law school. Be patient and recognize that success in this field requires perseverance and dedication. Embrace the learning curve, and with hard work and sincerity, you will gradually find your footing.
As you gain experience, strive to develop a holistic approach to litigation. Understand that legal practice is not solely about arguing cases but also encompasses diligent research, drafting persuasive pleadings, and mastering the art of negotiation and settlement.
Uphold the highest standards of professionalism and ethical conduct in all your interactions. Building a reputation for integrity and professionalism is essential for establishing a successful legal career.
The legal profession is ever evolving, with new laws and precedents shaping the landscape. Therefore, commit to lifelong learning and stay updated with legal developments to provide the best possible representation to your clients.
Sir, please tell us about your journey and how you ended up pursuing a career in law? What inspired you to choose this path?
I was working after I completed my graduation in Economics and I felt the need to study further. At that point, an MBA seemed like it would require many more years of work experience, so I decided to look into becoming a lawyer. The idea of law school aligned with my idea of writing, researching and discussing laws and policies – all of which were activities I enjoyed.
With your combined academic and working experience in legal counseling within various business environments, what have been the most valuable lessons you’ve learned along the way?
I think I have learned what kind of mentor to be and what not to be. I have had bad bosses, and some very good ones. Therefore, I know what not to do. On the technical front, I have learned how to redline and draft agreements which is a skill we have to keep getting better at as we progress in our career.
In your previous roles, you have been involved in regulatory compliance, risk anticipation and management, as well as contract review. Could you share some examples of challenges you faced in these areas and how you successfully navigated them?
Initially I found some of these agreements daunting and confusing to say the least. But with the right levels of practice, and some help from other colleagues and mentors, the process of reading an Agreement became more easier for me. I recommend having a checklist or some flow of standard steps so you don’t end up missing out on the fine print!
You have been responsible for overseeing vendor management for new contracts, contractual work, litigation, and licensing. Could you discuss a project or initiative where you implemented a vendor management process that had a significant impact on the organization?
In my previous role, I built out a vendor management policy that was adopted by the organization. This was an opportunity for me to understand the pain points of different stakeholders and work with them in creating a policy that reflected their concerns. Eventually this was created into an updated version as well and impacted the business in a big way.
Throughout your career, you have demonstrated strong analytical and critical thinking skills. Can you share an example of a complex legal problem you encountered and how you approached its resolution?
I remember negotiating in a conference room over a force majeure clause and whether the pandemic was still foreseeable or unforeseen. I just tried to understand the other party’s perspective and my approach was to come to a gradual resolution with a more give and take mentality as we went along with the contract negotiation.
Communication is a vital skill for any legal professional. How have you utilized your oral and written communication skills to effectively collaborate with colleagues, clients, and stakeholders?
This is something we have to keep working on. Whether it is emails, or even speaking to clients and stakeholders on the phone – we are always communicating. I try to keep my emails short and my tone to be friendly or business casual for the most part. I typically find that if you are not able to deliver, sending a holding email can be an effective way to buy some time and not disappoint.
Lastly, based on your extensive experience, what advice would you give to fresh graduates who are just starting their careers in the legal field? What key skills or mindset should they focus on developing to succeed in this profession?
Be ruthless. Take feedback seriously, but never to heart. Also it only reflects how you were at that particular point in time and never a reflection on your future opportunities or ability. Everything can be taught and learned – no body is born with the ability to decode legislation or draft agreements. Similar to driving, we all are learners and keep practicing our craft to be so in the “practice” of law.
Can you tell us about your journey and how did you end up becoming a lawyer specializing in intellectual property, data protection, and emerging technologies?
As a person with a Masters in Biotechnology and allied Sciences, and coming from an Indian Air Force (defence) family background, and as a first generational lawyer, pursuing law and to build our firm has been an experience of immense learning. I have grown with the India growth story – that if you have merit, it shall prevail with the right kind of hard work to back it.
Furthermore, with the guidance and mentorship of Dr. Vidya Sagar, Founding Managing Partner, Remfry & Sagar and the Father of Intellectual Property Rights in India, being able to absorb his teachings after being recruited directly by him in the firm, was my watershed moment. With always a keen interest in the language of law, debates, history and a penchant for reading, having to progress into becoming a full-fledged lawyer was a natural one post that. It was at that moment that I realized that I can use this cross-section of knowledge of science and law that I have generated in the field of IPR’s and technology law and thereby started contributing to the field of law.
With the advent of the digital age, technology has always been at the forefront of our thought process and while building the firm we follow the vision of being able to be advised through quality and in-depth knowledge to the clients in the field of technology and emerging tech and cater to the new age economy.
But if I have to summarize my journey till now, in one line, I would quote Robert Frost, “These woods are lovely, dark and deep, but I have promises to keep, and miles to go before I sleep, and miles to go before I sleep.”
As the Co-Founding Managing Partner at RSD Bajaj Global Law Firm, what motivated you to establish the firm and what unique services does it offer to clients globally?
Our vision of establishing RSD Bajaj Global Law Firm is by way of creating an impact by advising clients of the new age economy at legal and business strategic level.
The firm’s vision is principally based on the important pillars of- being a full service law firm; integrity and professionalism – which is something which we see at the cynosure of our ethics and functioning the firm, be it within our teams or with the client’s at large; and to take the firm global from India.
Being a full service law firm from India puts us in a position to advise our clients not only on the advisory fronts on all practice area’s but also on the enforcement end of the law. This unique ability to be on the full spectrum is something we have always envisioned at the firm and with the amalgamation of integrity and professionalism we are keen to take it to the global forefront.
You have successfully advised and aided in scaling of various digital/tech start-up’s. What key challenges do these start-up’s often face, and how do you help them overcome those challenges?
The firm – RSD Bajaj Global law firm – being a full service firm, from the point of view of the capability of the firm to advise on Corporate, PE, M&A, IPR, Data privacy and litigation as well.
This makes us- in terms of capability- to be able to provide our clients with an out-an-out 360 degree advisory along with enforcement capabilities within the firm itself. This we see as a challenge which the firm is able to dwell into and solve at a level which enables us to be present as an end to end advisory with a strong ability of enforcement.
Lawyers in traditional law firms do not understand how the new economy works, how their leaders think. We have been entrepreneurs and grown with these entrepreneurs and invested our heart and soul of theirs through process and entrepreneurship mind space. Hence, in contrast to the traditional law firms, we see that our solutions are more suited and advice is rounded in terms of the current business needs. At the end of the day, your product has to be good. If you can solve difficult problem statements for clients, you are the go to person for the client. In order to be a part of that solution, the ingredients and hence the approach both are different.
With your specialization in intellectual property rights and data privacy, how do you advise clients on the intersection of IPR and business laws- particularly in the Web3.0 spaceand with Metaverse and NFT’s ; also with regard to the Data Privacy in the India jurisdiction?
Also, since you are one of the few certified qualified patent attorney/agents in India with a masters in Biotechnology & allied sciences, could you shed some light on the importance of patents and trademarks in protecting innovations and brands?
Intellectual Property Rights as I like to call them are a right which might have not been taken very seriously by a plethora of businesses in India in the past. However, in the present times the vast applicability of Intellectual Property rights along with the relevance it brings to businesses at large is gaining it’s securing place in the legal realm of all deals, innovation and brand protection.
IPR is the backbone of inventions and brand protection and with the advent of the new age economy it is becoming all the more impactful for brand protection and the building of India as a country and nation leading the economy in the times to come.
In the digital phase, the next juncture will have a heavy influence of IP rights in the digital world. With the advent of Web3.0 , Metaverse, NFT’s and digital current. In the Indian jurisdiction, it will be rather interesting to witness and be a part of judgments, findings and decisions that we are all set to be witnesses to in the realm of practice. For instance, in April, the Delhi High Court, for the first time, examined NFT digital player cards and the connected right of personality of cricket celebrities.
The Personal Data protection bill is also underway and the legislative bodies are touted to make it a law anytime soon. This brings with it a more clear view of the law in terms of Data Privacy in India and what it would mean for Indian tech companies etc. to be operating in and from India. The right treatment of data is more of a necessity and the nuances if not followed well can be leading to heavy penalties as by the government.
You were recognized as the BW Intellectual Property Lawyer of the year 2023; and the BW Tech Lawyer of the year 2023. In addition to this you have also been accoladed with the BW 40 under 40 lawyers in India in 2022. What do these accolades mean to you, and how do they reflect your accomplishments in the legal field?
From the view of an initial reaction, I think this is a great encouragement for young lawyers in general, especially a ‘first-generational lawyer’s’ such as myself towards my contribution in the last 15+ years to the field of IPRs (Intellectual Property Rights) & Data Privacy and TMT (Technology, Media, Telecom) amongst others. As well as for my legal entrepreneurship journey of scaling a law firm, in the capacity of being the Co-Founding Managing Partner, RSD Bajaj Global Law Firm.
Accolade’s are always positive and uplifting, however, in this enriching profession of law whilst building a law firm from India, it is a long way to go. In the present times, a lot will be in a dynamic state with respect to the profession of law and from being an active participant and contributor to the same; and witnessing the fast pace of the changing face of the economy there is still a lot to contribute.
Here one cannot help but mention the extract from ‘Ulysses’ by Alfred Tennyson. Ulysses is about living life to the fullest and to constantly aim for positive movement. Ulysses’ zest “to follow knowledge like a sinking star” is something that holds great relevance in the practice of law.
The iconic closing line of the poem “To strive, to seek, to find, and not to yield” advocates not just the pursuit of knowledge, but also the will to do so.
You have also been recognised as the Chair of the Young Members Committee at the Licensing Executives Society International (LESI), in India. Therefore, as Chair of LESI India, what initiatives have you undertaken to support young professionals in the legal industry?
As being honoured to be at the Chair of Young Members Committee in India, we along with the inputs from our President from India, conduct various webinars and aid in knowledge sharing across all countries to keep abreast with the changing legal landscape at large.
With your vast experience and achievements, what advice would you give to fresh graduates aspiring to pursue a career in law and the legal profession?
Albeit the experiences that I hold come from being able to be present in the once in a lifetime change of the age and knowledge being at the centre point of the new age economy. However I always feel in a field such as the Noble profession of practice of law it will always be an uphill journey with diligence, perseverance and tenacity at its very fundamentals. This is what has mattered and will always matter as the most important accomplishment and with the learnings from seniors across all practice areas and constant guidance of senior’s always help in the learning profession such as law.
Ma’am, please tell us about your educational background and how you ended up pursuing a Master of Laws (LL.M) in Intellectual Property Laws from the National University of Singapore?
I was born and brought up in Delhi however, I pursued 8 years of school from Dehradun, namely Ann Mary School. I am a Science with Maths student from an ICSE + ISC school named previously. Thereafter, from a PCM background I took the plunge into BA LLB, and with god’s blessings topped semesters and attained top position during my final semester. I further pursued my masters in IPR from NUS Law. Meanwhile during school, I have also had the innate interest towards yoga and attained Pramana Patra by clearing all 5 levels with highest grades.
I took the plunge into IPR for the reason that apart from criminal laws, IP Laws interested me a lot during university days. I found that the curriculum taught in law schools was not enough to overall understand this subject, which is when I decided that I would definitely want to study IP in depth. I was fortunate to get into Amarchand Mangaldas on merit, as an intern, where I was put into the IP team, which further caught my attention towards IP, which is when I was sure that I would like to explore this subject more, before I hit the professional world. I thereafter to satisfy my curiosity over this subject got into Luthra & Luthra internship and experienced various more aspects in the same. Further, I was called back at Amarchand Mangaldas over an assessment internship, with which I was sure that I would really love to further pursue this subject and dwell into advanced core. This is when, it struck me, to pursue IP from NUS, being top 10 in the world for IP Laws, as a recommendation from every well-known practitioner of IP India has seen. After further training with some of the most refined law firms as named above including RK Dewan, I took the plunge for Singapore to pursue masters in IP.
During your LL.M program, you specialized in subjects such as Celebrity and Entertainment laws, fair use in the UK and USA, copyright, trade marks, cyber law, and more. What sparked your interest in these areas of law, and how do you think they contribute to the field of intellectual property?
My main motive to pursue masters from Singapore in IP field was to be trained by the best and pursue subjects which form part of real core of IP. These subjects form part of the real core of IP if we talk about trademarks and copyrights. Being trained by the best, witnessing luxury brands In Front of your eyes by professors who teach such subjects, not only amazed me, but reinstated the dedication for which I had subscribed to masters from Singapore.
These subjects have not only contributed towards my professional commitments but have given me the maturity, edge over competitors and confidence to deal with some of the very high stake and high profile IP litigations/advisory I have handled so far.
You completed Directed Research under Prof David Tan on Luxury Brand Counterfeiting. Could you share some insights from your research and its significance in addressing the issue of counterfeiting?
My directed research under the topic as mentioned has been pursued under the guidance of a person who is not only well known for the said subject but is a live example of walking luxury brands. My research involved understanding luxury brands, the efforts and time spent on making the same, counterfeits of such brands, empirical research of the same. To undertake the research, I even travelled to south Vietnam, which houses counterfeits of the world, understanding the market there, issues with use of counterfeits etc were some aspects which were witnessed in person and thereafter jotted down.
Counterfeiting is escalating especially with advent in technology and know-how. The directed research addresses very specific points over the same, creating significant impacts over society to understand the issue to its root cause and the pitfalls associated.
Your Bachelor of Arts and Law Honours degree from Guru Gobind Singh IP University in Delhi showcased exceptional academic performance. What motivated you to excel in your studies, and how did this experience shape your understanding of the law?
Honestly, I was always passion driven. Nothing seems rather a task when it comes to law. I just loved what I am doing, hence it all happened as it should happen. I always had the innate quality to understand arts subjects right from school where I used to obtain highest grades in history, English etc. continuing the same interest in BA LLB. I am glad I did exceptionally well.
Being honest, law school studies did shape a personality, however with respect to understanding of law, I will say I give the credit to my training as an intern since 2012 in any or all holidays. I think practical knowledge in law is most important which one does not get by studying law. Same story follows, at least for me.
As a member of the Singapore International Arbitration Center (SIAC), could you share some of your experiences in handling arbitration cases and the significance of alternative dispute resolution in the legal profession?
I have represented Indian clients before SIAC and have also advised on such international arbitrations. Apart from the same, I have dealt/been a part of some of the high stake arbitrations in India for which the journey compared with litigation has been a much smoother ride.
Getting instructions from clients, presenting the same before the arbitrator working your way out in a much organised and sophisticated manner, have been some of the most loved experiences.
I believe we should work towards advising parties in choosing ADR rather than complex, long and haphazard litigation, which not only saves time and money of the Client but it does give a comprehensive organised flavour to the case. Speedy angle being added, makes it even more suited for clients.
You have been actively involved in conducting webinars on various legal topics and moderating sessions with renowned individuals in the legal field. What motivated you to engage in knowledge-sharing activities, and how do you think they benefit both legal professionals and the wider community?
I have always been involved in such knowledge-sharing activities, since school days. Having an innate quality to help the society, I have even kept myself occupied with pro bono activities and extending pro bono legal aid to the downtrodden.
Be that as it may, I do not think anything motivated me, I think this is always something I liked, because I wanted to help a major section of society either by imparting education or by getting dignitaries who could do the same.
Such knowledge-sharing activities have far reaching effects. These days, the internet is accessible to masses. For those students or professionals who cannot afford expensive commentaries, web access, mentoring under dignitaries, can gain insights by witnessing such knowledge-sharing activities, which has been my main motive all the while. People who are preparing for exams, involved in litigation over subject matter relating to such knowledge-sharing activities etc are tremendously befitted, as they can join and during interactive sessions, pen down their queries and thereby avail answers.
In your role as the Founder of ABA Law Office, you have worked on notable matters such as handling complex criminal law cases, intellectual property rights etc. matters for clients. Could you share some key challenges you faced in these cases and how you effectively addressed them?
Key challenge faced is I believe with respect to me being a female. Gender discrimination though subtle but is prevalent. Tackling the same especially in lower courts outside Delhi is yet again a major task, which I successfully seem to have handed over the years of my practice.
Knowing your brief, correct facts, being bold and aware about what you present, are key points which come what may, would not shake the confidence no matter what. Being any sort of subjugation from the opposite sex, having the above mentioned points, would not let you digress from your end goal.
As a litigator, you have represented clients in various forums and courts, including notable companies like M & R Furnishing (Apartment 9), Asian Paints, Mr. Shiv Khera Central, Government of India, Indian Railways etc. Could you share some experiences from your litigation practice and how you have successfully advocated for your clients’ interests?
Running from one court to another, 1 DAY- different forums, different state courts, international matters, briefings, advisories, client calls, drafting’s, arguing, sleep and repeat is a summary of my experience of litigation.
I am very confident to say that I believe in obtaining a speedy redressal for my Clients which my track record till date (by god’s grace) has been at par with my thought process. Having an unblemished record of win and speedy redressal is something for which I am truly humbled and bow down to the almighty to bestow upon his kindness.
Throughout your career, you have received several professional qualifications and honors, such as winning the Best Research Paper Award and being a recipient of the Ram Jethmalani Academic Excellence Award. How have these accolades contributed to your growth as a legal professional?
They have given me the boost to consider that I am on the right track and also the reinstatement of the thought that with hard work comes success.
Based on your experiences and expertise, what advice would you give to fresh law graduates who are about to embark on their legal careers?
Train/intern as much as you can. Do not waste law school years by sitting ideal and wasting vacations. Any vacations, joining an internship, online internship, virtual internships can be done even if we have difficulty in pursuing physical internships.
Only once you have experienced different types of law offices, you would have clarity as to what is the right profession for you when you leave law school.
Many a times, students do not train/intern much during law schools, and end up figuring for the first 1-3 years as to which place suits them best, is it a law office, law firm, chamber, judges chamber etc. so to avoid wasting 3 -5 crucial years of career post law school, my only advice would be this.
Could you provide us with an overview of the collaboration between ABA Law Office and R S Solomon LLC? What drove the two firms to sign a Memorandum of Understanding (MOU) and join forces?
The collaboration is an understanding between group international law firms, to work together on matters which may come across each other’s way including advisory, drafting or vetting etc.
I always had a vision for a global practice of my Law Firm. I have always since my law school ventured to international domains to present papers, understand cultures, built international contacts, and then pursued my masters from Singapore, which further gave me an excellent domain to further strengthen my international contact database.
With the said edge of having an international masters from Singapore my south east Asia connect with my colleagues became very strong and soon ABA Law Office started to become a one stop shop for client who wanted to set up companies in southeast Asia by having an Indian law office who could coordinate with various other law offices abroad and get the work done.
India clients reposed trust in ABA Law Office and soon ABA Law Office developed a strong international practice of advisory, registering trade marks, opinions on IP, contract vetting etc.
In the same manner, R S Solomon LLC carrying the same vision was already in a group law firm collaboration with various other law firms across the globe. With the recent BCI notification of allowing foreign lawyers and law firms in India, I saw the same as a good opportunity to further strengthen my Firm’s international practice and with the same in mind, both law firms found synergies to further dwell and commit to.
