Reflecting on your journey, could you share some insights into your college days at ILS Law College, Pune, and the initial struggles you faced in the early days of your career after graduating? How did those experiences shape your resilience and approach to the legal profession?
Law School is where you formed your foundations, be it education or friends. ILS Law College was, and remains, one of the most prestigious institutions in Law. It was an incredible learning experience as you came together with aspiring lawyers from all over the country. It was evident from the beginning that the legal profession professed immense competition and that one needed to do more than what was ‘required’ in order to stay ahead of the curve. Whilst at Law School, our version of finding a job was finding an ‘internship’! There was immense competition, if for nothing else, then for bragging rights – which was an undeniable reality. These early experiences were a lesson for later years – that life wouldn’t be easy, or fair.
Your legal career spans over 17 years, with a wealth of experience in civil/criminal litigation and commercial arbitration. Can you share a memorable moment or case that significantly shaped your approach to legal practice?
It was in my second year in the profession where I was faced with the occasion of having to argue a high stakes matter before the Delhi High Court in an arbitration case. As my senior was on his legs at that moment (as is very common), I sought the customary Passover. However, the Hon’ble Judge insisted (read: encouraged) that I present the arguments. Reluctantly, I proceeded with the arguments. My senior arrived mid-way but the Hon’ble Judge insisted I continue. After the hearing, my senior encouraged me to lead the matter, of course, with his support in whatever way needed. We went on to win the matter.
The takeaway: Judges will always be there to inspire and encourage you, but the hard work will have to be yours alone. You must be able to cash in on opportunities through thorough preparation, of law as well as facts. Your Seniors will also be there to mentor and guide you, but you must win their trust – again, through your work. These are privileges, which must never be misused.
I was extremely fortunate to have found the support from my senior during my early years who was pivotal in my learnings, especially that there is nothing like a big or small matter. Every matter is equally important for a lawyer because it carries the trust of a client, which must be reciprocated with competence and responsibility. Also, you either know an answer or you don’t – never faff! Your duty to your client is always first and sacrosanct.
As a Partner at Kochhar & Co., you handle disputes related to arbitration, insolvency, and commercial litigation. What aspect of your current role do you find most fulfilling and challenging?
Keeping abreast with the ever evolving concepts of law is one of the most crucial aspects for any practice, be it Arbitration, Insolvency, or any other field. Clients look for solutions from both legal as well as commercial perspectives. Striking a balance between the two remains the most challenging and satisfying aspect. Your skillset must include the ability to provide out of the box solutions.
Beyond your legal expertise, you’ve been associated with various publications. What inspired you to write articles?
As a lawyer, you are constantly exploring ways to hone your skills, especially reasoning and conveyancing. When you write an article, you are free to express your own views on a subject after understanding the jurisprudence and evolution of said subject. But it is not just about sharing your views, rather how to grasp the attention of the reader. This requires a fair amount of research and formulation of opinions based thereon. To articulate and convey your views independent of others is the biggest privilege a lawyer has.
Your bio mentions a deep passion for the legal profession, passed down through a family of lawyers. How has this familial connection influenced your journey, and what does the legal profession mean to you on a personal level?
Growing up, we were privy to numerous stories and anecdotes emanating from the legal profession. This definitely had an impact on the decision to pursue law, but said decision was never owing to expectation or pressure. We were always free to choose our career path and were always supported in that. From the beginning, we were motivated to make it on our own and not through whom you knew. Case in point: my father refused to consider my candidature for his organization unless I had garnered at least 3-4 years of experience!
I have always considered the legal profession as a noble profession. I learned very early that representing a client was an enormous responsibility which could only be shouldered through your understanding of the law and a thorough appreciation of the issues involved. On the other hand, you are also an officer of the Court, which comes with its own set of responsibilities. There must be a sense of pride when you don the gown, but never arrogance.
Having been associated with both DSK Legal and Luthra & Luthra Law Offices, what unique aspects of each firm have contributed to your professional growth, and how do these experiences influence your approach as a Partner at Kochhar & Co.?
Both organizations had very distinct and unique characteristics.
While at Luthra, I was fortunate to have been a part of a wonderful set of lawyers, and human beings alike in a very close knit environment. Our senior colleagues were always ready to help and mentor, which every newcomer looked to. A lot was learnt in the ways of mentorship and on how to hone your skills as a lawyer. In many ways, I learnt my core professional values whilst at Luthra. It taught me the importance of not only learning to deliver quality, but also of the need to guide and assist youngsters.
DSK Legal further encouraged you to go beyond the role of a Partner and to grow as an individual. It is with the combined experience garnered from both organizations that I look to assisting my present organization in its visions ahead.
From your time at The Doon School to being a School Athletics Captain, how do you think your early experiences and leadership roles in school have shaped your professional journey?
Doon has played a pivotal role in my journey. I was primarily a long distance runner which entailed two main requirements: keep breathing, and keep going – a trait most often needed in today’s profession in many ways! Doon inculcated a strict sense of discipline and leadership from a very early age. These characteristics have been essential to me through the years in the profession.
In addition to your legal expertise, you’ve authored articles and judged Moot Courts. How do you balance the roles of an author, mentor, and litigator, and how do these activities contribute to your overall professional satisfaction?
All these roles are interlinked. It is crucial to invest in mentoring and undertaking extracurriculars beyond work. Time has always been a constraint but one needs to find the time as these are investments you make in yourself as an individual. Moot Courts are an excellent way to interact with budding lawyers and to get a feeling on how they perceive the law and present themselves. The coming generation is extremely sharp and intelligent, and they certainly offer a fresh perspective, which is often much needed.
Apart from your professional commitments, how do you unwind and relax? Are there any hobbies or activities that you particularly enjoy in your free time?
Travelling has been the best way for unwinding and finding a break from the regular vigour of life. I found my ultimate Xen in Scuba Diving many years back, which I pursue religiously.
AI is fast taking charge in developing times. How do you see AI impacting the legal industry?
Technology has always been a powerful tool in a lawyers arsenal. Online research, though not a substitute for conventional modes, has certainly been a boon over the past many years with access to legal databases merely a click away. Now with the advent of AI, the landscape of the profession is fast changing. Numerous Corporates have already started using this for their professional needs. There is thus a dire need for lawyers to adopt and adapt, lest you miss the bus.
AI is well poised to reduce (and in cases, even remove) the reliance on different sources, be it drafting or research. Although human logic and ingenuity is difficult to be substituted, Generative AI is certainly a stiff competition in the field. What will be the endgame in the vista, time will tell. For now, AI is certainly the most powerful tool available to us and its potential must be capitalized.
Would you like to share any suggestions or advice for the upcoming generation of lawyers?
Read, read, and read! There is no shortcut to hardwork. Every lawyer is unique.
Cherish your relationship with your Mentor, but maintain respect and independence. Read “Letters to a Young lawyer” by Alan M.Dershowitz for more insights.
Invest time in networking early – this will be your biggest asset in the later years.
Always look out for yourself – you alone will be responsible on setting the trajectory of your career. Don’t let anyone dictate your choices. Have confidence in yourself.
Eat well and stay fit – don’t be 50 at 35.
Lastly: no matter how successful you become in life – always respect the Bench.
Can you share a bit about your educational journey and how you pursue law as a career?
I originate from a quaint town in Gujarat where, a decade ago, career choices such as law, journalism, creative writing, and hotel management were not common for females. When I expressed my aspiration to pursue a career in law to my parents, their reaction was beyond surprise. They recommended that I gain firsthand experience by shadowing a seasoned lawyer before making a definitive decision. Consequently, I immersed myself in the legal field, accompanying and observing an accomplished lawyer in various cases spanning banking, constitutional, employment, and family laws. The diverse and intricate nature of the legal profession left a profound impression on me, ultimately solidifying my determination to pursue law as a career. This experience broadened my understanding of the legal landscape and instilled in me a deep appreciation for the multifaceted challenges and responsibilities inherent in the field.
You’ve pursued advanced degrees in International Law and Legal research. What drew you to specialize in these areas?
During my undergraduate studies, I actively participated in moot court competitions, assuming roles as a speaker and researcher. While I thoroughly enjoyed the entire moot court experience, I found a particular passion for research. Delving into legal research became more than necessary; it became a profound interest. This inclination led me to explore opportunities to publish papers and interact with esteemed academicians at conferences and symposiums. Recognizing the significance of contributing substantively to the legal discourse through research and publishing papers, I pursued a master’s degree. Someone once told me that just raising questions doesn’t make you people worthwhile; finding solutions does.
You’ve had diverse roles, from Legal Assistant in law firms to your current position as a Senior Researcher and Coordinator. How did these experiences contribute to your growth and specialization in international law?
My stint in the corporate sector and various law firms served as a journey of self-discovery, compelling me to confront the realization that these roles may not be my lifelong passion. However, I wholeheartedly acknowledge that each experience played a crucial role in shaping my personal and professional growth. During my internship, a pivotal lesson resonated deeply – the significance of every task, regardless of its scale. It became evident that the success of a case or project isn’t the result of individual brilliance but rather the outcome of a meticulously orchestrated collaboration. Whether assuming the role of a clerk, lawyer, or researcher, every individual in the chain contributes uniquely, and the collective effort propels success. This realization has ingrained in me a commitment to execute my responsibilities to the best of my abilities, regardless of my role in the process.
Could you tell us more about your role as a Senior Researcher and Coordinator at the international consultancy World of Legal Research? What kind of research-based consultancy do you provide to the government, law schools, and academicians?
We provide a variety of services. Some of the services involve a project where we have to study impact assessment, create analytical research reports, and assist with reviewing the research papers. Additionally, we are more inclined towards assisting our legal fraternity with our efficient legal research team, specializing in diverse fields of law.
As a Visiting Faculty to many universities in India and abroad, you teach Public International Law and Legal Research Methodology. What inspired you to take up a teaching role alongside your research work?
When I was a student, the thought often crossed my mind – what if certain topics were approached differently? Would they become more intriguing? It wasn’t until I visited conferences in the southern part of India that I stumbled upon a fascinating realization. Among the accomplished individuals, be it a thriving businessman, a seasoned lawyer, or a distinguished doctor, there was a common thread – academic involvement. It brought to my mind Chanakya’s words about teachers never being ordinary; they hold the power of construction and destruction. This insight fueled my aspiration to contribute meaningfully to the academic realm. As I transitioned into the role of a researcher, my desire crystallized into a passion for teaching law students the art and science of research. It’s not just about acquiring knowledge but understanding the intricacies and methodologies that make research a captivating and essential facet of the legal profession.
Your experience includes working in law firms in Australia and India. How did these experiences shape your understanding of legal practice on an international scale?
Lawfirms became my school of perfection, teaching me the invaluable skills of meticulousness and the art of thriving under deadlines. But beyond the technicalities, it was a vibrant classroom where I learned to navigate the intricate tapestry of human diversity. Working with people from different cultures was a daily lesson in understanding, patience, and respect. There were instances where a case forced me to reconcile my personal beliefs with my client’s position. The legal profession throws a unique challenge at you – dealing with ethical dilemmas that demand a delicate balance. The realization that every client, boss, or judge is a distinct chapter in your professional story. Each encounter is an opportunity to embrace diversity, not just in your home country but in foreign lands. It taught me the importance of respecting diverse cultures and opinions, a lesson that goes beyond the legal arena and shapes how I approach life.
You’ve presented papers on various topics, from health inequalities during COVID-19 to discrimination in legal education. Can you highlight a paper that you found particularly impactful or that received significant attention?
In 2023, I had the privilege of presenting a paper at the Center for Criminal Law, University of Oxford (UK), addressing the alarming issue of ancestral rapes in the state of Haryana during the COVID-19 pandemic. This paper garnered recognition and was honored with an award for being the most passionate presentation. Subsequently, I received emails from faculty members and fellow paper presenters at the conference, affirming that this problem extends beyond India to encompass every country and culture. The correspondence highlighted a shared sentiment that societies tend to suppress or disregard such issues, choosing to deny their existence. The suggestions and solutions proposed in my paper resonated with the international audience, earning appreciation from diverse perspectives. It was a powerful acknowledgment of the universality of the problem and the importance of proactive and compassionate approaches to address it on a global scale.
Your involvement in founding an NGO called ‘Madad’ during the COVID-19 pandemic is commendable. Could you share more about the initiatives and impact of this organization?
I wouldn’t like to talk much about my NGO as our ancestors say that if you help someone with your right hand, your left hand shouldn’t even know about it. I would just say that at whatever stage you are in life, try to help others, not for the betterment of society, but for yourself, so that you can face yourself in the mirror at the end of the day.
You’ve received several awards and honors for your contributions, including the Youngest Leader Award from Rotary International. Which of these achievements holds a special place in your heart, and why?
In the third year of my undergrad studies, I received an award for the best position paper at Harvard University. That paper made me realize that regardless of being from a small town or being from the vernacular medium of studies, you can if you really want to achieve something in life.
You’ve held various editorial roles and served as chairman in some committees while studying at the University of Sydney. How have these positions enriched your professional journey?
These positions equipped me with essential skills such as time management and strategic planning. Additionally, they provided valuable lessons on effective teamwork. Each extracurricular engagement in Law School imparts qualities beyond the teachings of books or academic activities.
Finally, based on your journey so far, what advice would you give law graduates just starting their careers in the legal field?
Well, I’m not experienced enough to give any advice. I’d reframe it as learning that I can share from the mistakes I made in my journey.
1. Take your internships seriously. You will gain something from every task you do during your internship, even if it is just carrying your senior’s briefcase and/or documents. For example, you’ll be able to be a part of his conversations with clients and people around in court, how one carries his business in the legal field, etc.; this will teach you much more about the practicalities that even a subject in law school wouldn’t.
2. Whether you want to join corporate or litigation, publish papers and take part in conferences. Publish or perish is a thumb rule. If someone googles you on the internet, and you have something published, you will get brownie points.
3. There is no shortcut to success. It might sound like the cheesiest line. However, life is not 2 minutes noodles. Instant gratification. Instant Fame. All these are not to be focused upon. Do smart work, but don’t get scared away from hard work. Thus, creating a strong base first is very important, because if you sow well, you’ll reap the fruits throughout your life. Choice is always yours.
Mr. Naveen, your journey from the University of Delhi to becoming an Advocate-On-Record with over two decades of experience is impressive. Can you take us through the pivotal moments or decisions that shaped your path and brought you to where you are today?
While the journey from Delhi University onwards may be as good as it could be, the expedition from a village school to CLC (Campus Law Centre of Delhi University) is nothing short of a miracle. As it is said, if you believe in miracles they do happen. Today while I can boast myself as a modern english educated person having scientific temperament, I owe a lot to the scriptures, especially “The Ram Charitramanas” (by Goswami Tulsidas) without which I could not have grown even as an educated person.
As in the first page of the epic Tusidas ji has worshiped goddess of faith and belief by saying “भवानीशङ्करौ वन्दे श्रद्धाविश्वासरूपिणौ” (alute lord Shiva and mother goddess Parvati who are personification of faith and belief). In hindsight, I can trace my existence to the very faith and belief (in God and oneself) which shaped my early life. Thus, I have no hesitation in confessing that I could not have received even an elementary education but for my interest in spiritualism and mythological stories such as Ramayana, Mahabharata, Puranas etc which used to be daily ritual in my family, while growing up in a village of district Siwan (Bihar).
Of course, the spiritual light was sparked by the parents, especially my father, a deeply religious person, who used to narrate bed time stories of Ramayana, Mahabharata and Puranas etc.
In this backdrop even before starting formal schooling, I was able to recite Chaupai and Dohas. My father had a fixed routine throughout his life, he used to do puja (worship) every morning which included Path (recital) Ram Charitmans. The child’s natural curiosity led them to look through the pages of the epic, perhaps starting with the photos, and thereafter reading the stories. Soon I grew up as a favorite child to be called for reciting Dohas and chaupais in front of guests and visitors by my father.
I don’t remember anything more about my studies or schooling up to class 8th. A significant milestone (again in hindsight) was surpassed when I was shifted from the village primary school to high school in class 9th in the year 1984-85. Because of my interest in Hindi poetries etc., and the ability to orate them loudly in front of anyone, a few of my teachers somehow started admiring and encouraging me.
In the year 1985, during the 9th class, I won the first prize in antakshari on Tulsi Jayanti. Though it may not have seemed much worth at the time, today, it appears to be one of the significant events of my life. This achievement drew the attention of more and more teachers in school towards me, leading to special attention in my studies.
Due to the encouragement of the teachers, I began to take my studies more seriously, ultimately becoming the highest scorer in the 10th board exams in the whole village. Even today, I can vividly recollect my first day as I started learning my alphabets in the sunshine on the auspicious day of Basant Panchami in 1985 when one my teachers, Shri Hiral Lal Singh, started teaching me ‘angrezi’ (English).
Because of the encouragement (rather blessings) of my teachers I grew up to become the first person in the joint family (of about 30 people), consisting of all of my cousins, to study beyond Class 12th.
The first seed of big dreams were planted again by sheer coincidence (almost like a miracle). In 1987, my identity as a sincere student received a boost due to my good result in 10th Board. Simultaneously, an unrelated event occurred where a native of Siwan district topped the UPSC Civil Services Exam in the same year. Instantly, it became a matter of huge celebration and talk of every nook and corner of the district including my village. A number of inspiring tales of hard work and success left a lasting charm of civil services which stuck with me and played a role in drawing me to Delhi.
As I landed up in Delhi with big dreams and empty pockets the hard realities in the form of huge financial constraints and cultural shock put insurmountable challenges; in that backdrop few well-wishers suggested getting admission in a Law course in DU which would give access to library and other facilities. Accordingly, preparation for DU entrance started, and luckily, I secured a few tuition assignments to sustain survival in the life of the metro. After having secured good rank in the entrance test, doors of CLC opened and so the new horizon of hope, aspiration and struggle.
During CLC days I was again dear to my teacher who inspired me to engage in the extracurricular activities as visits to Tihar Jail, Criminal Courts, Slums-areas, I used to perform in Nukkad-Natak etc,. as a part of our Legal awareness activities which opened the doors of real-life learnings and helped me to develop a keen interest in interplay of law justice (or injustice) at the crude level.
Thus, my journey is an intricate interconnection of how spirituality, education, and the quest for knowledge all played a role. Starting from the small village temple to studying law, each part of my journey has added to my life story, making me who I am today.
Your career spans over 24 years in litigation, with a focus on diverse areas like Energy/Natural/Mining Laws, Intellectual Property, and more. Can you share a case that significantly shaped your approach to law and advocacy?
After having completed my LL.B. degree in 1998, I got my bar registration and plunged into practice; the obvious choice for me was to start from Tis Hazari court as some of my friends as well as seniors were practicing there. I drifted for about 2 years in various chambers of Tis Hazari court. In 3rd year through a senior’s reference, I joined the chambers of Mr. Gopal Jain, (now a senior advocate). This opportunity proved to be a very huge milestone as I got access up to the highest echelons of litigation practice. Because of my initial training in district courts and hardworking nature my senior started giving independent briefs for subordinate courts and showed full faith in me. I got various chances to handle the cases independently which ultimately turned out to be a good grooming process. While working with Mr. Jain, I had numerous opportunities to brief various senior advocates, including the most renowned ones and these opportunities enhanced confidence and enriched my understanding of diverse legal areas.
Like any other young aspirant, I too was fascinated by the grandeur of the Apex Court. I was a regular visitor to the premises of the highest court of the land. However, I didn’t get any case in the Supreme Court despite my sincere wish for that. As it is said, that every thought is a prayer, my purposeless visits manifested into a reality when I got my first Supreme Court case in the year 2005 with reference to one of my distant relatives. Later on, another milestone in my career as an advocate of the Supreme Court was achieved when I got one case involving eleven policemen accused of murder in an encounter in Jharkhand, which later on became a landmark judgment on Section 482 of the Cr.P.C.
During the grooming days striving to become a practitioner in the Hon’ble Supreme Court and High Court(s) of India, my mentors/seniors instilled the ethos of “working like a horse and living like a hermit”. A junior is expected to be very thorough with the list of dates, comparative analysis of rival pleadings, argument points, compilation of case laws and also possible arguments of the other side (devil’s advocate) etc. As I always aspired to be a litigation lawyer in higher forums, I was constantly asking my seniors to provide me more and more work or opportunity to read files, also, I used to ask for those matters, which were not assigned to me. In that process and during my association with Mr. Jain I gained invaluable experience and professional maturity.
A significant turn happened in 2011 when I handled a case related to illegal mining before the Supreme Court of India, arguing against a renowned Senior Advocate and securing a favorable outcome for the mining lease holder. The controversial and politically sensitive nature of the case gained widespread attention in the State of Odisha consequently I started getting a lot of mining cases which eventually created my reputation as a mining lawyer and till date I have handled almost 500 mining cases before Mines Tribunal, NGT, different High Courts and Supreme Court. In fact, in 2018, in one of the most controversial mining cases, a bench of the Apex court asked a super senior to give way to me to address the court, and after five days of full day arguments a reported judgment was delivered. This provided firmness in Supreme Court litigation practice, marked by strong desire, hard-work, consistency and consequent abilities to overcome the hindrances/ barriers created by language, lack of family background, or financial or other support from parents.
Your extensive list of publications showcases a keen interest in legal commentary. How do you decide which topics to delve into, and what impact do you hope your writings have on the legal community or society at large?
In determining the topics for my legal commentaries, I am guided by a dual purpose – a passion for the subject matter and a commitment to addressing issues that hold relevance for the legal community and society at large. Each publication represents a careful selection based on contemporary legal challenges and emerging issues.
For instance, my book titled “Sand Mining Laws in India” delves into a crucial yet often overlooked aspect of environmental law. Through this work, I aim to shed light on the intricacies of sand mining regulations, contributing to a better understanding of the legal framework surrounding this environmental concern.
The article “Judicial Restraint in Tender matters – A perspective,”published in SCC Online, reflects my interest in exploring the nuanced application of judicial restraint in the context of tender matters. By sharing this perspective, I hope to initiate thoughtful discussions within the legal community and contribute to the development of jurisprudence in this area.
Similarly, my writings on topics like“Principles of Bail in Financial Crimes,” “Goal of Net Zero,” “Ban on Single-use-Plastic,”“Gender Pay Gap,”and“Compensatory Afforestation”aim to bridge the gap between legal theory and practical implications. These pieces in Bar and Bench and Live Law are designed to prompt reflection, foster informed dialogue, and potentially influence legal discourse and policy-making.
Ultimately, my goal is not only to contribute to the legal scholarship but also to bring about positive changes and make contribution in the legal discourse. I aspire for my writings to serve as catalysts for discussions, policy reforms, and a deeper understanding of the legal complexities surrounding these critical topics.
You’ve authored “Sand Mining Laws in India.” What inspired you to write on this specific subject, and what challenges did you face in distilling such complex legal issues for a broader audience?
So far as the sand mining is concerned, from my experience in appearing before NGT and Supreme court, I realized that there is a serious discord between the authorities who are granting quarry leases for sand and those who are regulating and implementing the environmental regulations concerning the sand mining. Through interactions with numerous lease holders, it became evident that they were uninformed about the intricate statutory rules, regulations, circulars and office memorandums etc., governing their business of sand mining. Due to the lack of awareness, many miners incur the ire of NGT, resulting in the imposition of significant penalties. Many times, penalties are computed by the committees constituted by the NGT, which are based on an eye estimation, surmises, conjectures and which is far beyond the paying capacity of the respective quarry holders. This mainly inspired me to write a book on this specific topic with a purpose to spread awareness amongst the stakeholders about the required compliance as sand the most extracted materials from the earth’s crust and a lot of environmental, social, sustainability concerns do arise from it. Thus, it underlined the necessity of basic awareness within the mining community and other stakeholders. Another aim is to provide a view point to the policy makers, researchers and to facilitate informed decision-making in this crucial sector.
Your practice extends to various tribunals like NGT, NCDRC, NCLT, NCLAT, and more. How do these forums differ from appearing in courts like the Supreme Court or High Courts, and how do you adapt your advocacy style accordingly?
Practicing in different forums like NGT, NCDRC, NCLT and NCLAT is little different from that in higher courts like the Supreme Court or High Courts. These tribunals specialize in handling specific cases, such as those related to environment, corporate and financial matters. The rules and procedures in these tribunals are designed specifically for the types of cases they adjudicate, showcasing a nuanced and specialized approach in contrast to the broader scope of the Supreme Court or High Courts.
On the other hand, the Supreme Court and High Courts have a broader jurisdiction, dealing with a wide range of legal issues beyond specific specialties. Appearing in these courts involves navigating more general legal procedures and practices.
The main difference is that tribunals are specialized, allowing for a more focused and streamlined approach to cases within their specific areas. This sets them apart from the broader and more diverse settings of the higher courts, with their own dynamics and nuances.
Usually when we prepare for cases, we do extensive research of all the relevant case laws and topics which are germane to that particular matter. To adapt my advocacy style accordingly, I focus on the specific rules and procedures of each forum. The key is to be flexible and adjust my approach based on the unique requirements of each forum.
You’ve presided over workshops on legal awareness. Why is legal education and awareness crucial in today’s society, and what challenges do you see in bridging the gap between legal intricacies and public understanding?
Legal awareness programs hold immense significance for several reasons, and if we impart basic legal awareness to the masses, it will be the most effective tool for empowering them. Equipping people with fundamental information about their legal rights and responsibilities is a necessity, as it enables them to deal with injustice which they face on a daily basis by the police and other administrative machinery. In fact, when we used to do street plays, we ensured that through that play we educate the public about their rights and duties and create legal awareness. These events provided a unique opportunity to establish direct connections with the masses, offering valuable insights into the practical application of laws.
The challenge in bridging the gap between legal intricacies and public understanding lies in making the law simple and accessible to everyone. Legal terms and processes can be complex, and people might find them difficult to grasp. As an advocate, my role is to break down these complexities, use simple language, and provide real-life examples that the public can relate to. Therefore, conducting legal awareness programs, using plain language in legal communications, and engaging with communities directly are some ways to overcome this challenge. Making the law less intimidating and more understandable for everyone is crucial for ensuring justice reaches every corner of society.
As someone with experience in arbitration, what advice would you give to businesses entering into arbitration agreements to safeguard their interests?
Having observed the evolution of Arbitration as the most effective mechanism for alternative dispute resolution in India, I have gathered insights into the crucial aspects that need consideration by all stakeholders. The challenges which arise from court interference, delays in arbitral award execution, and concerns about the quality of arbitrator asks for careful attention. To my clients, I have always been advising that they should be objective and fair while negotiating and drafting clauses in arbitration agreements. Where the arbitration clause and the terms of the arbitration agreement are one-sided, then the scope of interference from the courts would be much wider at different stages. I have always advised my clients that the arbitration clauses should provide for selection of an impartial and experienced person as an arbitrator and both the parties must have fair chances and stake in the appointment of the arbitral tribunal and conduct of the arbitration proceedings and the clauses of the agreement should be drafted accordingly.
Away from the legal arena, what are your hobbies or interests that provide a respite from the complexities of your profession? Any particular activity that helps you recharge?
I engage in hobbies that offer an escape from the intricacies of my profession. Reading historical and spiritual books, immersing myself in the calming melodies of classical music, and enjoying moments of solitude are my chosen activities. Additionally, I find fulfillment in social initiatives, interacting with people on my own accord. These pursuits not only provide a break but also contribute to my overall well-being. They bring to life the childhood dictum, “विद्यां ददाति विनयं, विनयाद् याति पात्रताम्,” reinforcing the importance of both knowledge and humbleness. Engaging in these diverse activities provides me with energizing distractions from my high demanding profession and allows me to return to my legal responsibilities with a refreshed perspective and renewed energy.
Simultaneously, participating in social initiatives deepens my connection with the community, instilling a sense of responsibility and empathy. This active engagement not only broadens my understanding of societal issues but also provides an avenue to contribute positively. The synergy between these diverse activities creates a harmonious rhythm in my life, enabling me to navigate the complexities of my demanding profession with resilience, a balanced perspective and a genuine appreciation for the multifaceted tapestry of my life.
With your extensive experience, what advice would you give to young lawyers aspiring to build a successful career in litigation and advocacy?
My rocky journey in this profession may have some advice for younger stars such as-
Ø Consistent Hard Work- While I was traveling in the DTC bus a co- passenger while interacting made a statement that “it is very easy to get a law degree but it is extremely difficult to become a good lawyer”. This statement of a stranger echoed in my mind throughout my struggle period and it holds good even today which is evident from the fact that we have a huge pool of young law graduates but there is a dearth of good lawyers in each court of India. What shaped my life in initial days is that I had inculcated a few small but good habits such as I used to read bare acts, legal magazines and cases even though I do not have any brief relating to the respective subject. These seemingly small habits paid off, as clients recognized me as a well-read individual, enhancing my “likeability factor”. My advice to budding lawyers is to keep learning, even in the absence of immediate briefs, as continuous learning prepares one for future opportunities.
Ø Work is worship- One small event which I could recollect is that one of my clients advised me saying that “one’s commitment to work should supersede all other priorities”. The advice came roughly because I had got delayed in reaching the court and because of my being late the matter was passed over. Being late for a court appearance taught me a direct lesson. The client’s advice was straightforward – giving preference to any family event or anything else instead of work would not bring either the success or happiness or even the admiration of family members. This lesson stuck with me every for the whole of my formative age in the professions. I can say with conviction that a legal profession is a very high demanding profession which requires the highest degree of focus and dedication and that too without much reward in initial days of practice.
Ø Patience and Big Goals- Overcoming initial challenges requires patience and a larger vision. Although the situation has improved significantly due to the emergence of numerous law firms, opportunities in the corporate sector, and academia, young law graduates now have a variety of choices. Despite these growing opportunities, struggles persist. In the early days, I had few techniques to keep myself inspired. While practicing in district courts, I regularly visited the Supreme Court and High Court to observe the legends of the legal profession and used to idolize them. Seeking inspiration from legendary lawyers in the Supreme Court and Delhi High Court kept my ambitions high.
Ø Learn broadly and with focus- Another ritual of observing the court proceedings of all the courts helped me in staying motivated. Thoroughly reading legal documents, bare acts, law magazines etc. proved very beneficial. Later on, one of my seniors advised that you must flip through (using tai-lopez method of speed reading) the bare acts and rules whenever you get a case relating to that subject.
I would like to quote an excerpt from David J. Schwartz- “The Magic of Thinking Big” which is a must for this profession “likeability factor”-
Mark this point well. A person is not pulled up to a higher-level job. Rather, he is lifted up. In this day and age nobody has time or patience to pull another up the job ladder, degree by painful degree. The individual is chosen whose record makes him stand higher than the rest. We are lifted to higher levels by those who know us as likable, personable individuals. Every friend you make lifts you just one notch higher. And being likable makes you lighter to lift.
To sum up, my advice to the young lawyers is simple – Dear young lawyers, here’s a piece of advice: alongside your legal studies, make sure to gain practical experience. Real-world situations teach you valuable lessons that books alone can’t provide. So, dive into the practical side of law to become a more skilled and effective legal professional. embrace hard work, treat work as worship, practice patience, think big, and focus on continuous learning as well as ensure to have a likable personality. These principles, from personal experiences, pave the way for a successful legal career.
Your journey from Symbiosis Law School to becoming a Partner at Dua Associates is quite impressive. Can you share a memorable experience or lesson from your early legal career that has shaped your approach as a dispute resolution lawyer today?
A career in law interested me, however, I had little idea as to the enormity of what it would entail. At the time I did not have any family or friends practicing law, so I did not have much guidance either. I was always told by my educators that I had an aptitude for a career in Law. I joined Symbiosis Law School at the age of 17 and have never looked back since. I was an active mooter and debater in law school and having interned with a few reputable legal firms and lawyers, I realized I truly enjoyed the experience of being in Court which led me to choose Dispute Resolution as a career.
It is no secret that passion, hard work and perseverance are the keys to success in any sphere and dimension of life, however, the extent and proportion are not something I had ever imagined. My biggest lesson so far has been that there is a learning in every experience so long as you are open to doing everything that comes your way. I never shied away from doing any task that was assigned to me no matter how little I knew of it or what I thought of it, and my sole purpose was to ensure the job was done. This determination and characteristic have seen me through and brought me where I am today. There have been days that I have singlehandedly attended to tasks otherwise assigned to associates, para legal, court clerks and even stenographers, all while being a Partner, and such days, though challenging, leave me most fulfilled.
With such a diverse range of legal areas you handle, from insolvency to property law, is there a specific area of law that you find particularly challenging yet rewarding to navigate?
Times have changed since I started practicing in 2007. In this era of specialization, I have been extremely fortunate to experience diverse legal areas, all of which I have covered in some depth which include wide-ranging commercial disputes, property law, labour and employment law, company law, transactional work and now insolvency law. In Law the devil is in the details, so every subject requires a fundamental understanding of the nuances involved and then applying such understanding to practical situations.
The law is ever-evolving, requiring all lawyers to remain updated with the latest precedents. The last decade has also seen the emergence of new statutes. As for me, I had no background in insolvency laws, the Code was enacted in 2016 long after I had graduated from law school, therefore, it was all about self-educating. Although, challenging this practice area has been extremely rewarding for me.
You’ve been instrumental in developing and scaling the Insolvency and Bankruptcy practice at Dua Associates. What drew you to specialize in this field, and how do you see the landscape evolving in the coming years?
The Insolvency and Bankruptcy practice is one of the fastest-growing practice areas across law firms. This has more to do with the economy as a whole and the object of the statute. While the statute and the accompanying infrastructure have some distance to travel to realize its true potential, however, there have been several positives such as the revival of mismanaged and indebted corporate persons, securing the interests of creditors, check of corporate frauds, timely resolution of insolvency process amongst others.
There was no intended or conscious effort towards specializing in this area. I along with a very competent team was entrusted with a good amount of work in this area, through which we honed our knowledge and became more and more familiar with the intricacies involved. We have been fortunate to do a lot of work in this space over the last 5 to 6 years, where we have represented all categories of stakeholders in several marquee matters. Dua Associates as a firm has been very supportive enabling me with all the tools to develop and scale up the Insolvency and Bankruptcy practice.
You spent several years as Vice President at HSBC before joining Dua Associates. How was your experience transitioning from a role in a large multinational corporation to your current position as a Partner at a law firm? Are there aspects of your time at HSBC that significantly influenced your approach or perspective in your current role?
Transition is never easy, you will have to walk out of your comfort zone and challenge yourself. I love a challenge; it makes me more determined.
As I look back now, my role at HSBC was diametrically different from what I do today, with its own set of rigours and challenges. Working in-house is attached the misconception that life is easier in comparison to a law firm. Understanding business and your stakeholders/clients is not only key for an in-house profile but is also an absolute must for every lawyer. This is a skill set neither taught in law school nor in any law firm.
Today working as a Partner with a law firm, my outlook on any problem and its consequent solution is viewed from the prism of my client’s business. Understanding the client’s business, personnel, culture and risk appetite is crucial for the legal advise I offer them, which perhaps is my biggest carry-forward from my HSBC days.
Apart from your legal expertise, you’re known for finding innovative solutions to complex issues. Can you share an example where thinking outside the box led to a positive outcome for your client?
Every client is concerned with the end outcome; the process is for the lawyers to take care of suitably. For dispute resolution lawyers, the significance of strategizing is understated and this in my view separates the good from the best. Like a game of chess, dispute lawyers must anticipate their opponent’s every move and try to remain a few steps ahead.
As a team, we have achieved many favourable outcomes before various forums, where our out-of-the-box approach led to protracted litigations being successfully shortened and sizable settlements attained for our clients.
You’ve authored articles on the evolving jurisprudence of insolvency laws. Are there any upcoming changes or trends in the legal landscape that you find particularly noteworthy or anticipate having a significant impact?
The issue of project-wise corporate insolvency resolution process for large real estate sector companies is currently under consideration before the Hon’ble Supreme Court and is likely to have a significant impact in my view. Under the existing legal framework, to factor in the interest of a variety of stakeholders and facts peculiar to each case may weigh heavily before a final decision is pronounced.
We’ve heard about your interest in arbitration and mediation. How do you see alternative dispute resolution methods evolving in India, and what role do they play in your practice?
Alternate dispute resolution has always been of keen interest to me. Given our population, our infrastructure and particularly our Courts are overburdened. The underlying purpose of alternate dispute resolution was to reduce the burden on the Courts, through a formalized and time efficient process of resolving disputes outside of the Court.
In my view, the acceptance of such a process and outcome by the parties involved is key. However, the complexities of the process, timelines, high costs, the acceptability of the final outcome and subsequent rounds of litigation has diminished the value of alternate dispute resolution.
Beyond the courtroom, what’s a passion or hobby that helps you unwind from the intricacies of legal matters?
Given the constraints of time and our hectic life, it is very important for lawyers to pursue activities outside of the workspace. I personally enjoy travelling and sports.
Travelling to see new places, experience different cultures and meeting new people is something I particularly look forward to in my free time.
For aspiring lawyers entering the field of dispute resolution, what advice would you offer based on your own journey?
I believe that being a dispute resolution lawyer is a constant process of evolving, where you are dealing with new challenges, unforeseen circumstances and a wide array of people. It is essential to remain in the present with an eye on the future and keep moving forward one step at a time. Also, every day is a fresh start so never sit on your laurels or let your failures bring you down, they are both equally important parts of your professional journey.
Ma’am, could you please share your journey and how you ended up pursuing a career in law? What motivated you to choose this profession?
From a young age I was very bold and would always speak my mind. I also had a very strong desire to help people. I felt like I gravitated towards Law as my elder brother also chose Law as his career path. At that age you are extremely influenced by your siblings. When I started reading different law subjects, I became more and more curious and continue to be curious about everything law has to offer.
I remember feeling so overwhelmed on my first day in court. But I kept accompanying my colleagues / seniors and I slowly became familiar with all the court procedures etc.
My journey has been full of surprises. I have experienced the highest of highs and lowest of lows, but I keep showing up and never despair. I would say litigation is very unpredictable as you never know what will happen in court.
With your extensive experience in handling commercial and civil disputes, insolvency cases, and matters under the Industrial Disputes Act, can you highlight a particularly challenging case that stands out in your career and how you navigated through it?
I represented a company in a case wherein there was an injunctive order against termination of an employee. It was challenging as the company was forced to continue his employment. However, we took the aid of section 14 and section 16 of the specific relief act and were able to demonstrate that contracts solely dependent on personal qualifications cannot be enforced.
Your work involves representing clients in intellectual property rights cases. Could you discuss a memorable case where your skills in IP law played a crucial role in achieving a favourable outcome?
In one of the Intellectual property rights cases there was an ex-parte order operating against our client restraining them from infringing the plaintiff’s trademark. We relied on section 30 of the trademarks act and were able to demonstrate that there was no infringement of trademark as our client was merely showcasing products and was in no way “using the plaintiff’s trademark”. This case was challenging as it is difficult to get an interim order vacated.
From your time at Poovayya & Co., you were involved in representing organizations in electronic and print media. Can you share an interesting experience or case related to media law that you found particularly intriguing or challenging?
An interesting experience was regarding injunctive reliefs against publications (electronic or media) from telecasting defamatory articles / news. In such cases, the plaintiffs tend to include all media channels irrespective of whether they had published defamatory articles. We were representing media houses who were unnecessarily dragged to court who had nothing to do with the alleged defamatory articles. It was an uphill task to demonstrate that the media houses were only reporting facts / actual events that took place.
As someone who has also worked with a Judge of the Supreme Court, could you shed light on how that experience influenced your perspective and approach to practicing law?
This experience was immensely valuable as it gave me first-hand experience as to what the Judge expects from a lawyer irrespective of who he is representing. It made me realise that the arguments must be presented in a manner which can easily be grasped in a short period of time. It also taught me the importance of keeping the pleadings precise and using simple language as opposed to complex sentences.
You’ve been involved in consumer matters and divorce cases. Can you discuss a case that had a significant impact on your understanding of these areas of law, and perhaps a lesson you learned from it?
We had filed a consumer case for an individual wherein the complaint was allowed in part and half of the compensation amount claimed was granted. Although we had good grounds for appeal, it made commercial sense for the client to accept the part compensation considering the costs and time it would take for the Appeal to be decided, finally.
This case provided me with a different perspective of the importance of balancing between the desire to win a case and a feasible remedy for the client.
Your role as an Associate Partner at Klaw involves providing legal advice to various e-commerce platforms. How do you approach the unique challenges and legal issues that arise in the rapidly evolving landscape of e-commerce?
The law pertaining to e-commerce is rapidly evolving and new guidelines are released from time to time. I constantly keep myself updated on the law regarding intermediaries and its interpretation by different courts which equips me with providing the best solution to the client.
Given your diverse experience, what advice would you offer to law graduates who are just starting their careers in the field? What key lessons or insights have you gained that you believe would be valuable for them?
To anyone who is just starting their career, I would advise that gaining practical experience at an early stage would give them an edge over their peers. Exposure to court procedures, being involved in evidence and cross examinations is what they should be aiming at the early stages of their career. They should eagerly look out for opportunities to present arguments be it at the stage of interim hearings or final arguments.
We’d love to know more about your journey in the legal field. Can you share what inspired you to specialize in technology law and pursue a career in arbitration and corporate litigation?
My journey as a lawyer technically started in the year 2010, however, I have regularly interned at different offices since 2006-07 (even during law school). I started my career as a chamber junior to Ms. Manmeet Arora (who is now a Judge at the Hon’ble Delhi High). I can proudly say that I was trained by the best and the initial chamber training prepared me for what I was bound to do in my career. Later I moved to Luthra & Luthra Law offices (which it then was), progressing further to being a Partner at SAM and presently, I am a Partner at CAM. My journey from college days till date has been a roller coaster ride, with different experiences, ranging from doing the Aircel Maxis Spectrum Trial, to representing Tech Giants in almost all spheres, to recently being part of the much celebrated NN Global matter. My interest in Tech law grew with my inquisition towards small issues that we face on a daily basis. If you see, Tech and Arbitration are the two fields that are ever-evolving and I think that’s my inspiration.
As a “Future Star” in arbitration, could you tell us about a particularly challenging or interesting case you’ve worked on recently and what made it stand out for you?
In the order of ranking, the most challenging matters that I have been part of as a briefing Counsel would be HCC Ltd. Vs. UOI & Ors. 2019 SCC Onlibe SC 1520, where the 3-Judge Bench of the Supreme Court struck down Section 87 of the A&C Act, second would be Kal Airways vs. SpiceJet Ltd. & Anr. which is still a landmark on Section 9 A&C Act. Recently, I have argued a few important arbitration matters before the Delhi High Court, including HCC vs. NHPC, 2023 SCC Online Del 819, which decided an important question on bank guarantees and till what point the same have to be maintained in case the arbitral award is under challenge. This was special to me as recently I got a call from a Senior Counsel who told me that they relied on this judgment and got an order before the Rajasthan High Court. The next and very important issue on Section 28(2) of the A&C act which I argued before the Delhi High Court is NHPC vs JP Associates Ltd., 2023 SCC Online Del 3294, i argued on Section 31 and 28 (2) and got the award partially set-aside. As mentioned earlier, recently I have made submissions before the Supreme Court in the case of NN Global which put to rest the issue of stamping. Each case was challenging in its own way. The intricacies you learn from Senior Counsels and how you evolve and transform into arguing the same issues yourself is what stands out for me.
Being a member of the Steering Committee at IAMC, how do you see the landscape of international arbitration evolving, especially in the context of technology-related disputes?
I believe arbitration is one field that runs totally on stakeholder involvement. We as practitioners and arbitrators are constantly evolving the field and ourselves. Being part of an institution gives us the platform to get more ideas. The evolution of arbitration in the international context and specifically technology-related disputes has been increasing recently. I Have recently finished arguments in an arbitration where the underlying issue was the performance of an App designed in a particular way. While we still have time to see big tech-related disputes being referred to arbitration, we are taking baby steps towards it and the future is bright for the generation that is following us.
You’ve represented tech companies on issues related to intellectual property and regulatory frameworks. What, in your opinion, is the most exciting or challenging aspect of navigating the legal landscape in the technology sector today?
As I said earlier, the ever-changing nature of Tech is what is the most challenging part of it. While you learn to deal with one particular issue, you won’t even know that the same is obsolete and you have to move to learn the new version. The IP and regulatory framework issues that I have dealt with personally have also changes their nature and shape. Litigants are becoming smarter by the day and know how to navigate the entire ecosystem.
In your career, you’ve dealt with a wide range of disputes in infrastructure, real estate, and corporate matters. Is there a piece of advice you often find yourself giving to clients facing such diverse challenges?
My first advice to every client, whether it’s an infrastructure, real estate, tech or any other issue is to find out a way to settle the matter, so it is a win-win situation for all. Prolonged litigation is what each corporate now wants to avoid and that makes complete sense when it comes to business efficiency and cost benefit analysis.
Having worked on a variety of international commercial arbitrations, can you share some insights into the differences or nuances you’ve encountered in dealing with disputes on a global scale?
I have never found anything very different even while dealing with an international dispute. The ways and methods may be different, but the approach is the same. Yes, if I have to point out a few distinguishing factors, I would say the sophistication and systematic approach that is adopted internationally, is something we must even adopt in our domestic arbitrations.
Representing major tech giants in various matters is certainly impressive. Can you share a bit about the unique challenges or dynamics involved in handling cases for major social media platforms?
The most unique challenge that a lawyer faces in such cases is that any of your actions/reaction in Court will have a far-reaching impact on the entire industry. So whatever way you are presenting your case- pleadings, submissions or oral arguments, have to be well thought out and based on parameters that do not only do good for your client, but for the industry at large.
Given your extensive experience, what skills or qualities do you believe set apart successful lawyers in today’s competitive environment, and how can law students cultivate these attributes during their academic years?
The ability to keep yourself abreast with the latest changes to law, with knowledge of the first principles is what will set you apart. The learning will never stop but one tips I can give to youngsters is that they should be observant. The Red-car theory is something I always believe in. Never say no to any work that comes your way and dedicate yourself to the profession. During academic years, focus on bare acts and law journals. Once you start practising you will constrain yourself to the books that you will be using in your case, so today is the best time to read]
Many students contemplate between pursuing a career in litigation or opting for judiciary preparation. What factors should they consider when making this decision, and are there benefits to gaining experience in both areas early in one’s career?
I think if someone wishes to pursue judiciary, they should start visiting District Court in as many districts as they can. See what is happening in Courts and are you up for it. For litigation, similarly start early. Observe how trials are done, how lawyers argue, how they act in Court and how the judges react. By following this, one can totally connect with what they would want to do and develop the Rio interest accordingly.
Switching gears a bit, outside of the legal realm, what are your personal hobbies or interests that you enjoy in your free time?
I am a biker and a super bike lover. I love to ride early morning during weekends (if work permits). I also like listening to old songs and ghazals and to justify my surname, I have slight inclination towards poetry 🙂
Lastly, we’d like to know your perspective on mentorship. Have there been mentors or individuals in your career who significantly influenced your professional growth, and what lessons have you carried forward from them?
Mentors play a very important role in this profession. Whether some is teaching you with interest or you learn by just following them, the idea is to learn. The most important part of this mentorship is that no one will come and tell you that they are your mentor. You have to choose yourself and follow them. I am lucky to have many mentors in the profession, starting from Ms. Manmeet Arora (“it’s a people’s profession”), Mr. Gaurav Duggal (“anything is possible if you want”), Mr. RS Suri, Sr. Adv (“money isn’t everything”), Mr. Anirban Bhattacharya (“eat, sleep litigate”) and Mr. Tejas Karia (“build your team”). Each one of them I chose as my mentor and all of them at one point or another have taught me things that have helped me grow as an individual and a lawyer and they all continue to inspire me every day.
Ma’am, could you please share with our readers how your journey into law began, and what inspired you to pursue a career in the legal field?
Certainly! My journey into the field of law began with a strong desire to have a voice and advocate for what is right. Growing up in India, like many others, I experienced the challenges of a patriarchal society. Having a voice at the right time and articulating oneself intelligently became incredibly important to me.
The legal field stood out as the perfect avenue to channel my passion for justice and equality. It offered the tools and knowledge to not only understand the intricacies of the legal system but also to actively participate in shaping and influencing it. Law, to me, was a means to effect positive change, challenge stereotypes, and work towards a more just and equitable society.
The inspiration to pursue a career in law came from witnessing the power that legal professionals have to make a difference in people’s lives. Whether it’s advocating for the minorities, upholding the principles of justice, or fighting for the rights of individuals, the legal field holds immense potential to drive meaningful change.
I was particularly drawn to the idea of using the law as a tool for social justice and empowerment. My journey into law has been a journey of self-discovery, growth, and a continuous commitment to making a positive impact on the world. It’s a field that allows me to stand up for what I believe in and contribute to a fairer and more equitable society.
In summary, my journey into law was inspired by the desire to have a voice and articulate myself in the right manner, working towards a more just and equitable society where the principles of justice and equality prevail. It has been a fulfilling and purpose-driven path, and I remain passionate about the transformative potential of the legal field.
Given your diverse experiences as a Lawyer at various organizations, what were the key factors that led you to establish Lex Mores as a global law practice?
Pursuing my Masters in Law at Osgoode Hall Law School, York University, in Toronto, Canada, and gaining diverse experiences in both India and Toronto played a pivotal role in leading me to establish Lex Mores as a global law practice.
During my time abroad, I recognized the global perception of law as a noble profession, where clients seek ethical and moral legal guidance. This understanding deeply resonated with me, and it became a top priority to uphold ethical standards in my practice. Hence, I chose the name Lex Mores, which signifies “law with morality.”
My experiences abroad also exposed me to legal ecosystems designed to discourage litigation. Measures such as higher court fees and an informed consumer base facilitated swift dispute resolution. This contrasted with the mindset I encountered upon returning to India, where the focus was often on resolving legal issues rather than preventing them. Here, the importance of legal guidance and establishing clear obligations at the outset of business ventures was frequently underestimated.
My tenure working with one of Canada’s largest retail chains, combined with my Masters in International Business Law, allowed me to draw parallels between business practices in Canada and India. I came to realize the profound impact of legal awareness on business operations. This revelation motivated me to educate my clients, especially startups and MSMEs, about the crucial role of legal counsel right from the inception of their businesses.
While larger companies in India understood the need for corporate legal advice due to their higher stakes, startups and MSMEs often overlooked this essential aspect. I firmly believed that instilling in these smaller businesses the significance of legal guidance from the outset could enable them to structure their operations more effectively and reduce the risk of disputes with partners, employees, vendors, and other stakeholders.
In essence, my international experiences and legal knowledge fueled my passion to establish Lex Mores as a global law practice. My overarching goal has been to empower businesses, especially startups and MSMEs, with the legal insights they need to build well-structured enterprises and contribute to the reduction of litigation in India.
In your role as the Founder and Managing Partner of Lex Mores, how do you navigate the challenges posed by market disruptions and ever-evolving legal landscapes?
As the Founder and Managing Partner of Lex Mores, with over a decade of experience in the legal industry, I have come to appreciate the positive impact of evolution. Change is a constant in life, and I firmly believe that market disruptions and the ever-evolving legal landscape are not challenges but opportunities.
At Lex Mores, we have taken proactive measures to navigate these changes effectively. We understand that disruptions can bring us closer to our purpose, which is to make corporate law accessible and beneficial to startups and MSMEs. To achieve this goal, we entered the realm of Legal Tech through Lex Mores Tech Pvt Ltd, leveraging technology to raise awareness about the importance of corporate law among our clients.
In addition, we have developed a platform called “www.contractbazar.com,” which facilitates proactive legal work conveniently and offers transparent pricing and standardization. This platform is specifically tailored to cater to startups and MSMEs, making it easier for them to establish robust businesses in India.
With the changing dynamics of society, businesses are becoming increasingly aware of the need for the right legal advice. Technology plays a pivotal role in enabling businesses to work with lawyers without the burden of heavy infrastructure investment or exorbitant fees associated with retainers.
In essence, we view disruption as an opportunity to enhance and innovate our services. By embracing technology and adapting to the evolving legal landscape, we can better serve our clients and empower them to thrive in the dynamic Indian market.
Having worked in legal roles across different countries, how do you leverage your global experiences to provide solutions in both developed and emerging economies?
Having worked in legal roles across different countries, I have gained a deep appreciation for the need to adapt to diverse legal systems and cultures. This global experience equips me to better understand the needs, desires, and problems of my clients, allowing me to provide comprehensive solutions to clients operating in both developed and emerging economies.
I leverage my insights from various jurisdictions to offer well-rounded strategies that are not only legally sound but also culturally sensitive. By drawing on the best practices I’ve encountered, I can tailor solutions to address the specific challenges presented by each economy.
In essence, my global experiences enable me to bridge the gap between different legal landscapes and guide clients toward successful outcomes in both developed and emerging markets.
Can you share a memorable or challenging experience from your work experience, either abroad or in India, that has significantly contributed to your professional growth?
Certainly, I have a significant and memorable experience from my legal career, which occurred during my tenure in Canada while working at a law firm. I had the privilege of learning from a senior lawyer while we were providing legal counsel to a small startup entangled in a contractual dispute with a much larger corporation. The founder of the startup was incredibly passionate about his business and was resolute in protecting its interests.
In our initial meeting, the startup founder candidly expressed his concerns, objectives, and the emotional toll the dispute had taken on him. As we delved into the legal complexities of the matter, it became evident that the issue transcended mere contractual terms; it was intricately tied to his dream and vision for his company.
Rather than immediately delving into legal jargon and tactical strategies, my senior chose a different path. He decided to empathize with the founder’s predicament, and we listened attentively, not only to the words but also to the emotions underlying them. This approach allowed us to genuinely comprehend the founder’s ultimate goal.
My senior advised that instead of pursuing litigation, we should explore mediation as a remedy. This approach might require some concessions, but it would help save the company without disrupting its operations, which could have been a possible outcome if the case went against us. This solution served the bigger purpose for the client.
Through this experience, I came to realize that while the legal aspects were undeniably important, what mattered most to our client was not just winning the legal battle but preserving the essence of his startup. It was about safeguarding the dreams and aspirations of his team members who had poured their passion and dedication into the venture.
This experience significantly influenced my understanding of the importance of fulfilling our clients’ expectations as lawyers. However, the professional satisfaction I gain as a lawyer from working in the right manner with my clients and mastering the art of empathy became even clearer when I read the book “Think Like a Monk” by Jay Shetty . The book underscored the concept that true fulfilment comes from meeting the needs of others and highlighted the synergy between “Varna” (passion and skills) and “Sewa” (understanding the needs and serving others). Together, these principles contribute to one’s “Dharma” or purpose in life. This philosophy has since become an integral part of my approach to both my legal career and life as a whole.
As the legal profession increasingly integrates technology, how do you employ cutting-edge legal technology to assist clients in overcoming challenges in today’s economic system?
In today’s evolving legal landscape, technology plays a pivotal role in enhancing the services we offer to our clients. We harness cutting-edge legal technology to efficient and cost-effective solutions. Our focus extends beyond the traditional legal advisory role; we aim to empower clients to make informed business decisions right from the inception of their ventures.
At www.contractbazar.com we are developing solutions that help clients gain a clear understanding of their business needs, enabling them to make strategic decisions. By engaging with corporate lawyers early in their business journey, clients can navigate potential legal challenges with foresight and confidence.
By embracing these technologies, we ensure that our clients are well-prepared to navigate the intricacies of the modern economic system, ultimately helping them achieve their goals effectively and efficiently.
You pursued an LL.M. in International Business Law at York University – Osgoode Hall Law School and then passed NCA exams to be a lawyer in Canada. How has this additional qualification enhanced your capabilities and influenced your approach to handling global legal challenges?
Pursuing an LL.M. in International Business Law at York University – Osgoode Hall Law School and clearing the NCA exams to become a lawyer in Canada has significantly enhanced my capabilities and greatly influenced my approach to handling global legal challenges.
In-Depth Understanding of International Law: The LL.M. program provided me with a comprehensive understanding of international law, trade, and business regulations. This knowledge is invaluable when dealing with cross-border legal issues and international transactions.
Cultural Sensitivity: Studying and practicing law in a diverse and multicultural environment like Canada has heightened my cultural sensitivity. It has taught me to approach legal challenges with an awareness of cultural nuances, which is crucial when working on global matters.
Multi-Jurisdictional Expertise: The NCA exams and subsequent qualification as a lawyer in Canada equipped me with expertise in Canadian law. This dual qualification allows me to navigate legal issues involving multiple jurisdictions with ease and confidence.
Global Network: During my studies and legal practice in Canada, I had the opportunity to build a global network of legal professionals. This network is a valuable resource for gaining insights, collaborating on international cases, and accessing legal expertise from around the world.
Client-Centered Approach: My international legal education and experience have reinforced the importance of a client-centered approach. Understanding the unique needs and goals of clients from diverse backgrounds is essential in providing tailored legal solutions.
Risk Assessment: Handling international business law matters requires a keen ability to assess and mitigate risks. My additional qualifications have honed my risk assessment skills, allowing me to provide proactive legal advice to clients entering global markets.
Adaptability: Dealing with international legal challenges often involves adapting to varying legal systems, languages, and business practices. My education and experience have made me adaptable and resourceful when encountering unfamiliar legal terrain.
Global Perspective: I now approach legal challenges with a broader global perspective. I consider how local and international factors interplay in legal matters, enabling me to provide comprehensive advice that takes into account the bigger picture.
In conclusion, my additional qualifications have not only expanded my legal knowledge but have also shaped my mindset and approach to handling global legal challenges. They have equipped me with the skills, expertise, and perspective needed to navigate the complexities of international business law effectively and provide top-notch legal solutions to clients operating in the global arena.
Considering your journey from being a law student to the Founder of Lex Mores, what advice would you like to give to law students or fresh graduates aspiring to thrive in a dynamic legal environment?
My journey from being a law student to the Founder of Lex Mores has been a rewarding experience filled with valuable lessons. To law students and fresh graduates aspiring to thrive in today’s dynamic legal environment, I offer the following advice:
Embrace Lifelong Learning: The legal field is constantly evolving, and it’s essential to have a thirst for knowledge. Never stop learning, whether through formal education, professional development courses, or staying updated on legal developments.
Develop Soft Skills: While legal knowledge is crucial, soft skills such as communication, negotiation, and problem-solving are equally vital. Focus on honing these skills, as they will set you apart as a well-rounded legal professional.
Build a Strong Network: Networking is key in the legal industry. Cultivate relationships with mentors, peers, and professionals in various legal sectors. A strong network can provide guidance, opportunities, and support throughout your career.
Seek Practical Experience: Practical experience is invaluable. Look for internships, clerkships, or pro bono opportunities to gain hands-on experience and understand how legal theory translates into real-world practice.
Be Adaptable: The legal landscape is dynamic, and adaptability is essential. Embrace change, stay open to new technologies, and be willing to pivot when necessary to meet the evolving needs of clients and the legal profession.
Ethics and Integrity: Uphold the highest ethical standards in your practice. Trust and integrity are the foundation of a successful legal career.
Pursue Your Passions: Find your niche within the legal field that aligns with your passions and interests. Specialization can lead to a more fulfilling and impactful career.
Persistence Pays Off: Success in law often requires persistence and resilience. Don’t be discouraged by challenges or setbacks; they are opportunities for growth.
Balance Work and Life: Achieving work-life balance is crucial for long-term success and well-being. Make time for self-care, family, and personal interests.
Stay Visionary: Have a clear vision of where you want your legal career to go. Set goals, both short-term and long-term, and work diligently towards achieving them.
By embracing these principles, you can not only thrive in the dynamic legal environment but also make a meaningful and lasting impact in your legal career.
Can you share the story of how you embarked on your career in law? What initially drew you to corporate commercial law, litigation, and alternate dispute resolution?
The prompt cause of getting into the legal profession is associated with my father who drew my attention towards this profession in my childhood. While I was growing up I witnessed my father working hard while being always surrounded by his clients and juniors, studying case files, researching All India Reporter, and giving dictation to his typist of cases till late at night. I think those were the facts that played a pivotal role in developing my deep interest in the legal profession.
Immediately, after completing my law from Banaras Hindu University, I started practicing Criminal law before the Hon’ble High Court of Allahabad, at Allahabad Bench, and with the grace of God and my mother’s well wishes I soon presented my very first case and secured the desired order in the form of Direction given by the Hon’ble High Court of Allahabad which boosted my confidence as a lawyer and the journey never stopped after that. While I was practicing in Allahabad High Court, I had opportunities to handle a few corporate matters before the Apex Court which made me realize that I needed to explore my practice to other aspects of law which led me to practice in various Delhi Courts where I explored my practice into the Corporate side of law and matters related to Dispute Resolution since these are new in demand in our industry and becoming primary option of corporates.
Your profile reflects an extensive background in various legal domains, from real estate litigation to corporate litigation at the Supreme Court. How did you navigate these diverse areas, and what motivated you to explore such a wide range of legal practices?
What best worked for me as motivation, is my willingness to learn which I have had from my childhood and I still have so much to learn and I am quite sure that learning will take me to a whole new level of my practice. The pursuit of learning and exploring different aspects of the law have kept me open to the matters of other different dimensions in my law practice where I could deal with the various nature of work including corporate matters such as finalizing Tender with government bodies including RFP/RFQ, LOI, Agreement assimilation, Criminal, Civil, RERA, Consumer matters, matrimonial cases, matter of NDPS, ARMS Act, Environmental issues and especially my Pro Bono works for the Labours.
With a core expertise in winning cases for your clients, can you highlight a specific instance or case that you consider a significant achievement in your career so far?
There have been multiple significant cases that I consider as achievements in my career so far in the duration of the last 10 years, however, I would like to share one of my experiences which has been a milestone case for me till present. I once had the chance to represent a husband who was a victim of false charges under section 308 of IPC and was not able to get released on bail for a long time. Wherein I had the opportunity to Argue before the Hon’ble High Court, extensively based on the medical report of the informant elaborating Medical Jurisprudence related to the Court, and successfully secured the release of my client from jail by filing 3rd Bail Application. Another enthralling experience in the journey of my law practice so far has been pro bono cases that I have been doing across the country for construction laborers whose daily wages are illegally kept by their contractors and sometimes by their principal employer.
Balancing legal management, risk analysis, and project delivery across the country is no small feat. How do you manage such a diverse set of responsibilities, especially when it comes to litigation and arbitration for the company?
I have been blessed with Balancing different dimensions of work with the help of my team in different roles and liabilities as per the requirement of the client. Working across the country on various contracts and projects requires not only a better understanding of the task but also a team effort and leadership. I would say, more than an individual, it is always a collective skill of my team who channelize their expertise and capabilities into their assigned task of legal management and risk analysis of various projects.
Reflecting on your journey from the Bar Council enrollment to your current role, how has your education, including LLB from Banaras Hindu University, contributed to your professional growth?
A lawyer’s journey from the Bar Council Enrollment is always a roller coaster and mine as well is no different as it’s been more than a decade that has passed in this journey which has given me millions of experiences, be it better or worse, complex or simple, all it does is adds up value to my profession as more and more I polish myself into this profession. I still remember being a second-generation lawyer. I started practicing law with nothing in my hand and I kept struggling relentlessly for cases but I made it all meaningful when I got my first case. Even at present, I feel bound to give my best ever effort to every single case I represent before the Court. I would say most lawyers would actually agree when I say that what we study as law students in Law Schools is completely different from what we experience in reality but what remains embedded and enclosed to us during our entire professional journey is the spirit of being a lawyer that has brought us to this journey.
Throughout your career, you’ve worked on diverse cases, including real estate litigation and criminal matters. Can you share a challenging experience that provided valuable lessons and shaped your approach as a lawyer?
In a decade’s journey of practicing law, I would say a few cases were challenging to the level that completely impacted my perspective. I had the opportunity to witness the remarkable change in the Consumer Protection Act while experiencing massive real estate exposure with cases against the Supertech Builders which started from NCDRC with only one client as a home buyer and ended up with a huge bulk of them against the builder before the Hon’ble Supreme Court leading the landmark judgment against Supertech.
Another challenging experience I would say was a pro-bono case when I was approached by a poor laborer for a matter of recovery of his daily wages that were maliciously kept on hold by the Contractor. I took on his case but later on, I started receiving requests from a massive group of laborers for the same issue which made me act on their behalf against not only one big-shot company but a lot of reputed construction companies which were beyond my expectation. Then I realized that the labor class needs representation before big companies for their grievances to get resolved by someone prudent at the ground level because not everyone can gather the courage to file a case before the court and contest it. As a lawyer, I deeply felt it is a big challenge for our fraternity to contribute our service to those classes who are important parts of our society and building our houses but are unable to feed their own family because of lack of knowledge and forced hunger on them.
Drawing from your experiences, what advice would you like to give to fresh law graduates aspiring to build successful careers in law, considering the diverse landscape of legal practice and the dynamic nature of the profession?
Considering the diverse landscape of my legal practice, the only advice I would pass on to the fresh law graduates is that along with building their careers in the legal fraternity they must build up their personalities which reflect their smart work and prudency of the legal knowledge along with its better usage in the society.
Can you share with us your journey and how you ended up practicing law, particularly in the areas of Capital Markets, Derivatives, Financial Services & Regulatory, and Payment and Settlement Systems?
Certainly. Given my interest in commerce, business law and financing I pursued a bachelor’s degree in Commerce. My further interest in the field of law led me to pursue a degree of Bachelor of Commerce (BCom) in 2010. I started my professional career as an Article Clerk at Kanga & Co, gaining valuable experience from August 2011 to August 2013 under the guidance of Mr. Dhaval Vussonji and Ms. Prachi Dave. During this time, I honed my legal skills and developed a keen interest in the intricacies of financial law.
You have a specialization in debt issuances and marked-linked debentures. How did you develop an interest in this area of law, and what are some of the notable projects or transactions you’ve worked on?
My specialization in debt issuances and market-linked debentures evolved over the course of my career. As an Associate at VND & Associates (now Dhaval Vussonji & Associates) and later at Juris Corp, I actively engaged in advising clients on debt issuances, which sparked my interest in this niche area.
As someone who regularly advises the International Swaps and Derivatives Association (ISDA) and various clients in the financial industry, could you tell us about the unique challenges and opportunities that arise in the derivatives market?
Advising ISDA and diverse clients in the financial industry has exposed me to the dynamic landscape of the derivatives market. The challenges often stem from the evolving regulatory framework and the need for precise documentation. ISDA being an industry body requires me as a lawyer to think one-step ahead to foresee the practical challenges that may crop up due to the ever changing legal & regulatory landscape of India and accordingly liaising with them, market participants and the respective regulators to ensure a smooth Indian derivatives market.
ISDA has also been integral in getting my name on the international stage as a derivatives lawyer. I recently went to Singapore to deliver a masterclass on Derivatives and it was a learning experience.
Your involvement with the Fixed Income Money Market and Derivatives Association of India (FIMMDA) and the National Stock Exchange of India Limited (NSE) showcases a broad range of experiences. How has working with these organizations contributed to your expertise in the financial services sector?
Working closely with FIMMDA and NSE has been instrumental in broadening my understanding of the financial services sector. These experiences have provided unique insights into listing compliances, platform establishment, and various facets of the financial markets. Collaborating with these organizations has been a cornerstone in developing a holistic approach to financial law.
The Payment and Settlement Systems Practice is an integral part of your work. Could you shed some light on the role of legal professionals in this area and how it impacts the functioning of financial markets?
In the Payment and Settlement Systems Practice, legal professionals play a crucial role in ensuring the smooth functioning of financial markets. Our responsibilities include navigating regulatory requirements, advising on compliance, and addressing legal challenges to maintain the integrity of payment and settlement systems. By doing so, we contribute to the stability and efficiency of the broader financial ecosystem.
You’ve authored several articles and publications related to derivatives and sustainability-linked financial instruments. Can you discuss the importance of sustainability-linked derivatives in today’s financial landscape and their potential impact on green finance?
Authoring articles on sustainability-linked derivatives reflects my commitment to exploring innovative and responsible financial practices. In today’s landscape, sustainability-linked derivatives play a pivotal role in promoting environmentally conscious investments. These instruments not only align with global sustainability goals but also present opportunities for businesses to contribute to green finance, fostering a more sustainable and responsible financial sector.
Juris Corp is considered a premier law firm in the derivatives space, and you head the derivatives practice there. What sets Juris Corp apart, and how do you ensure the highest level of service for your clients?
Juris Corp stands out in the derivatives space due to its unwavering commitment to excellence and deep industry knowledge. Our team’s collective expertise, coupled with a client-centric approach, allows us to provide tailored solutions. We prioritize staying abreast of industry developments, ensuring that our clients receive the highest level of service backed by cutting-edge legal insights.
Dispute resolution is another aspect of your work, particularly concerning potential disputes arising from derivative transactions. What are some of the common challenges you face in resolving such disputes, and how do you approach these complex situations?
Resolving disputes in derivative transactions presents unique challenges, often rooted in complex financial structures and regulatory nuances. We approach these situations with a meticulous strategy, combining legal acumen with a deep understanding of the financial markets. Our goal is to achieve amicable resolutions while safeguarding our clients’ interests and maintaining the integrity of the financial agreements involved.
Throughout your career, you have conducted presentations and seminars on regulatory changes in the Indian derivatives market. Could you share some key insights from these sessions and how these changes affect derivative products?
Conducting presentations on regulatory changes in the Indian derivatives market has been an enriching experience. Key insights revolve around the need for adaptability in response to evolving regulations. Understanding these changes is vital for crafting effective legal strategies, ensuring compliance, and mitigating risks. Derivative products must align with the regulatory landscape to maintain their relevance and integrity in the market.
As a successful partner and expert in your field, what advice would you give to fresh law graduates or aspiring lawyers looking to pursue a career in the areas of Capital Markets, Derivatives, Financial Services & Regulatory, and Payment and Settlement Systems? What key skills and experiences do you think they should focus on developing?
For fresh law graduates aspiring to excel in Capital Markets, Derivatives, Financial Services & Regulatory, and Payment and Settlement Systems, I recommend focusing on a few key aspects. Firstly, build a strong foundation in financial law through continuous learning and staying updated on industry developments. Develop excellent analytical and problem-solving skills, as these areas often involve intricate legal and financial complexities, this will come with reading case laws. Networking and building relationships within the industry are also crucial, as they open doors to valuable opportunities and insights. Finally, cultivate effective communication skills, as conveying complex legal concepts to clients and colleagues is integral to success in these specialized fields.
Congratulations on the success of your book The Law of Goods and Services Tax: A Comprehensive Internet Age Commentary. Tax is primarily an auditor’s topic and a territory of Chartered Accountants. Why did you choose to write a book on GST Laws?
I started my practice in the 1980’s in an age of information scarcity. I had a degree in commerce and then a law degree. I worked under my maternal uncle who was a tax lawyer. I enjoyed the complexity of tax practice and specialized in tax litigation, appearing before various tribunals. My exposure to accounting and accounting principles in my commerce degree was a huge advantage in commercial and tax litigation. In my experience, judges and lawyers without an accounting background feel challenged by accounts and accounting entries. Understanding these is essential for tax litigation . Much of my advocacy in the High Courts and the Supreme Court is to simplify accounting principles and concepts and explain them in a legal language acceptable to the legal mind. .
After GST laws were enacted in 2017, I saw tax lawyers and practitioners instructing me struggle with the complexities of GST legislation. Unlike the Income Tax Act, GST Laws did not have any standard commentary. I decided to do something about it and began writing. My book is a focused and penetrative commentary, an original writing on GST laws . It took me four years to complete my book.
I wrote a commentary in simple language avoiding legal jargon and overflow of citations. Considering the daily information overload on tax practitioners, I wanted to write a book which tax lawyers and practitioners could read on the way to the court or the tribunal and succeed in their arguments.
It is an internet age commentary which avoids copious extracts from judgments, circulars, and GST notifications to the greatest extent possible. The book refers to a large number of decisions of the courts and rulings of the advanced ruling authorities. However, these references are given only as footnotes to the commentary. The relevant page and para number is given in the footnote. This will make it easier for the reader to locate the relevant para and cite the decision. The book also points out defects and deficiencies in judgments of the courts and advance rulings. It gives possible answers to legal issues (such as betting, racing and online gaming) which have not been decided by the courts so far. My book is gender neutral. I avoided using ‘he’ or ‘she’ unless absolutely necessary.
Your involvement at the National Judicial Academy, conducting sessions for newly elevated High Court Judges and Judges from other jurisdictions is unique and commendable. How has this experience influenced your own perspective on the legal profession?
These experiences have made me deeply sympathetic and understanding of the plight of an average judge. Judges face enormous pressure disposing of matters, sitting in committees and simultaneously handling tons of administrative work. I am no longer irritated when a judge does not read the papers fully or adjourns a matter for want of time. Lawyers must understand that judges are also human beings. Judges also feel hunger, body pain and tiredness. Mental fatigue and irritability set in any judge, any human being after hearing arguments day after day, week after week without time to recover or recoup energy.
My advocacy has become judge-centric. I now see myself as a senior advocate assisting the court rather than arguing before the court. The best of arguments should be made in a manner helpful for the judge to write the judgment in the client’s favour. Good advocacy should give the judge a quick and easy solution to the dispute. No judge anywhere is interested in long arguments showcasing the lawyers’ erudition.
You’ve authored publications, conducted sessions on law for judges, and played a role in drafting rules. Could you share the motivations behind your contributions to legal literature, legal education, and rule-making, and how do you believe these efforts contribute to the legal community?
I did not have any specific motivation to do all of these. The legal profession rewards good work with more work. My first book was on the Madras High Court Letters Patent, Appellate and Original Side Rules. The book was successful and resulted in the Chief Justice appointing me on the Court Fees Rationalisation Committee. The committee’s well drafted report was accepted by the government and by the High Court without modifications.
This led to my appointment on the Madras High Court Arbitration Committee and on the Madras High Court Rule Committee. My contributions here were kindly appreciated and I continue to be on the Rule Committee although I have shifted to the Supreme Court. Similarly, the success of my first book led to publishers inviting me to more books.
There are two lessons from all of these. Firstly, one must grab every opportunity that presents itself. Secondly, most opportunities lie outside the comfort zone. Therefore, having grabbed the opportunity, one must struggle, overcome discomfort and grow to the level of the opportunity.
How have you seen yourself evolving as a Senior Advocate from a raw young law graduate? What role do you believe mentorship plays in your development as a legal professional?
As a young lawyer, I thought precedents were all important and tried to support every argument with some case law. Now, I realise persuasion is all-important. Arguments with too much case law are like over spicy food. They turn away judges. Arguments must be garnished with minimum case law, just enough to make it attractive and presentable but not beyond. As a young lawyer, I thought I could succeed in my arguments without too much hard work once I became a senior. Now, I realise hard work is a part of the process even as a senior advocate. I had appeared in common-law jurisdictions across three continents. I found hard work was an essential requirement for success at the Bar throughout the world.
Mentorship is essential for improving the quality of the justice delivery system. I have seen retired judges mentoring sitting judges at the National Judicial Academy. Similarly, advocates must mentor junior advocates. Mentoring must be professional and must meet the needs of the mentee. Mentoring does not mean placating the mentor’s ego by listening to the mentor’s war stories. Real-life examples from the mentor’s past offer valuable guidance but must be fine-tuned towards the mentee’s requirements.
Sir, could you please share a bit about your background and journey that led you to become a Barrister at Law, practicing in both India and London? What inspired you to pursue a career in law?
I completed my bachelor’s degree in commerce. Then, I had the option of pursuing management, accounting or law. I applied for an MBA and was offered admission by two prestigious colleges in Mumbai. My father felt I was temperamentally suited for a profession rather than a corporate job. He suggested I could become a chartered accountant or a lawyer. My paternal great-grandfather, my maternal and paternal grandfathers and my uncle were lawyers. Law seemed to be a more attractive choice. I felt I would be bored with accounting. I studied law and became a lawyer.
I became a barrister at law by accident. An English barrister met me for legal advice on Indian law. She was impressed by my legal skills and suggested I should become an English barrister. By then, I had put in 25 years as a lawyer in India. I felt becoming a barrister did not add any value to my practice in India.
A couple of years later, she convinced me to sign the application papers. Amidst hectic professional life, I studied English law like a maniac and passed the difficult test. I was called to the Bar by the Honourable Society of Inner Temple where Mahatma Gandhi was also called to the Bar. I wanted to return to India after becoming a barrister. However, the Sub-Treasurer of Inner Temple insisted that I should complete my pupillage in England and obtain rights of audience before the English courts. I stayed on, pupilled in barristers’ chambers in London and obtained my practising certificate as well.
Your educational background is quite diverse, including degrees from the University of Edinburgh, NALSAR University, and the University of Bangalore. How did these experiences shape your approach to law, especially in the areas of international arbitration and commercial litigation?
LLM from the University of Edinburgh was a game changer for three reasons. Firstly, since I joined LLM after 25 years as a lawyer, I could understand and implement in my practice many legal concepts taught in the course. This would not be possible had I joined LLM immediately after my LLB.
Secondly, my writing skills improved enormously. I needed to write concisely and with precision. I could not simply fill up the pages and expect to pass. Almost everything I wrote in my dissertation needed to be supported by citations. The high quality of writing I learnt from LLM helped me write three books on law.
Thirdly, a degree from one of the top universities in the world gave me entry to many places.
One of the courses in LLM was on international commercial arbitration. The course was taught by a reputed international arbitrator. Learning the nuances of international commercial arbitration helped me become a Fellow of the Chartered Institute of Arbitrators, teach arbitration as an accredited tutor, argue international arbitration matters in Indian courts and finally sit as an international commercial arbitrator abroad.
Exposure to foreign legal systems such as English law, Scottish law and continental jurisprudence in Europe helped me to think out-of-the-box in identifying new lines of arguments in Indian commercial and tax litigation.
You’ve been involved in significant matters under the Insolvency and Bankruptcy Code and commercial litigation. Could you share some insights into the challenges and complexities you’ve faced in these areas, especially when dealing with issues such as avoidance applications, corporate liquidation, and company petitions for oppression and mismanagement?
I have only one insight. The task of an advocate in any complex litigation is to break the complexity into simplicity. Judges hate complexity and love simplicity. Justice Oliver Wendell Holmes said “For the simplicity on this side of complexity, I wouldn’t give you a fig. But for the simplicity on the other side of complexity, for that I would give you anything I have.” It requires enormous hard-work to reach this simplicity.
As a Fellow of the Chartered Institute of Arbitrators, you’ve been involved in numerous domestic and international arbitrations. Can you discuss some of the key aspects of your experience in arbitration, including any notable cases or challenges you’ve encountered?
The glaring contrast between domestic and international arbitration is the professionalism in international arbitration. Timelines for pleadings, witness examination and arguments are scrupulously followed by the lawyers in international arbitration. The arbitral tribunal is also well prepared, having studied the pleadings and the evidence well ahead of the hearing. International arbitrators do not have a sense of loyalty to the party appointing them. Domestic arbitration has to travel a long way to catch up with international arbitration. Sitting as an international arbitrator, I see Indian lawyers and Indian law firms rise up to international standards. However, this is absent in domestic arbitrations.
Lastly, considering your wealth of experience, what advice would you offer to law graduates who are just entering the profession? Are there any key lessons or principles that you wish someone had shared with you at the beginning of your career?
First, take care of your health. Eat correctly and exercise regularly. Aim to live active and to ripe old age.
Secondly, set one small goal, reach the goal. Then set another small goal and so on. Do this consistently. Small goals always trump large goals.
Thirdly, remember the journey never ends. Thirty-eight years at the Bar, I am still learning law and improving my skills, daily.
Fourthly, be kind to yourself (but not indulgent).
