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  • Ayan De of Volterra fietta on treaty arbitrations, rigours of commercial Litigation and a non-NLU background putting you behind the race but not out of it

    Ayan De of Volterra fietta on treaty arbitrations, rigours of commercial Litigation and a non-NLU background putting you behind the race but not out of it

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Please share with us your journey into the field of law and how you ended up specializing in Commercial Litigation and Dispute Resolution?

    It’s quite interesting that I never wanted to study law in the first place! Not having studied science during my 11-12th standards (mostly because I was despicable at it!) made options very limited even more so for someone like me who belongs from a family of doctors. I was always interested in fine arts and thus intended to study history and literature. I got through the iconic Presidency College for History (Hons) , however it was my father’s insistence, despite being a doctor himself, that I should “strongly” consider law as an option. My reluctance, of course, cost me from getting through the NLU’s  (National Law Universities) and I ended up studying from a Non-NLU (or as we call it a traditional university, which also happened to be one of the oldest in the State). Much to my surprise law school was an excellent learning curve, mostly owing to some brilliant lecturers who spurred me on (it would be an absolute travesty not to mention three of them: Dr S K Chakrabarti, Mr Navin Sinha and Mr B Sarkar, with whom I must have lost in touch much to my own failures). 

    Being from Non-NLU comes with its set disadvantages, one of them was, being cloistered from national or global corporate exposure. I had one singular aim in mind, I wanted to go to court, be there, plead, argue, watch, learn and practice. I kept my mind open as to where the profession might take me without pre-empting myself from dedicating myself to a particular area of law early on. This led me to my first senior Mr Paritosh Sinha of Sinha and Co. He pushed me to the original side of the great Calcutta High Court wherein I was entrusted to handle varied types of commercial matters which also included arbitrations/mediations. He trusted a greenhorn to do matters, fail, make mistakes and get up again. Slowly, what started as an innocent attempt to learn about commercial law became a serious endeavour. I was naturally drawn to commercial litigation. The thrill of being in court, the palpable tension, the adrenaline rush to assist a senior counsel arguing for hours on an interlocutory matter or in conducting a trial felt like a second skin. What contributed more was the great privilege of assisting some of the best senior barristers and counsels from the Calcutta Bar from whom I could learn (Mr Anindya Kr Mitra, The late Mr Pratap Chatterjee, Mr S.N. Mookherjee. Advocate General W.B, Mr S.N. Mitra, Mr Abhrajit Mitra, Mr Jayanta Kr Mitra, Mr Kishore Datta, Mr Anirban Ray, Mr Ratnanko Banerjee, to name a few). What was equally contributory was working with some of the best junior counsels I have encountered in my professional life. Some of them are my contemporaries yet undeniably from whom I have learned every day since last decade! (Mr Chayan Gupta, Mr Soumabho Ghose, Mr Sarvapriya Mukherjee, Mr Shaunak Mitra and Mr Pranit Bag warrant a huge mention).  The more I did matters, the more I developed and a turn of fate (and a bit of hard work I would presume!) landed me with one of the oldest and biggest law firms in India, Fox and Mandal (F&M). At F&M, my skill set was tested, enhanced and tried at all levels. Under the expert guidance of Mr. Debanjan Mandal, Partner (who in my small experience is possibly one of the sharpest legal minds in India) and Mr Sandip Dasgupta, Partner, I not only learned so much about the art of solicitorship and advocacy but was continually entrusted with commercial litigation of all sorts and dispute resolution on a national and international level. By the time I realised, I had already spent a decade in the profession and I cannot imagine doing anything else! 

    With your extensive experience in Commercial Litigation, Dispute Resolution, and representing clients from both private and public sectors, could you highlight some of the most challenging and interesting cases you’ve handled?

    There are far too many for this limited space and time! And for understandable confidential reasons, I cannot name them in detail. However, my first big matter, which grabbed a few eyeballs owing to its uniqueness, remains special. It involved a partnership business for an online gaming platform. One single matter made my foray into partnership law, derivative action under company law, and intellectual property rights – not only before the High Court but also before WIPO and the law of criminal defamation. Cases were filed, actions, reactions, counter actions and retaliations were done which pushed me to the limit- sleepless nights, countless conferences with senior barristers, days of research into points of law and arguments for hours before the court. Another, I remember distinctly wherein we were representing a major state-owned enterprise faced with an invocation of a Rs 400+ crore bank guarantee. The case apart from presenting its challenge owing to technicalities of the mining operation in question was also beleaguered by the law revolving around the invocation of bank guarantee- which as many would know is very strict. We had anticipated that we might not succeed before the Single Judge and had prepared an appeal even before the original case was filed by us! On the day, as expected we didn’t draw first blood before the single judge and a whole domino effect took place thereafter. The judgment was delivered post lunch around 2 p.m. Going by the contingency plan we immediately obtained leave to appeal without the copy of the judgement from the Chief Justices Court around 2.30 pm and pleaded the urgency to list the matter around 3.30 pm. Once listed, preliminary arguments took place and we were successful in obtaining a stay of the appeal, pending final adjudication on the same day itself around 4.30 pm! saving the state and the state enterprise from being plunged into ‘darkness’! What was not only high profile but also fraught with trepidation, now (as I look back turning time- not in a H.G. Wells manner, though!) was a full day of thrilling legal drama, which in hindsight has taught me much about holding onto nerves in the field of commercial litigation. 

    Your career has taken you through various practice areas, from Criminal Laws to Intellectual Property Laws and Company Law. How do you manage to excel in such diverse areas of law?

    To be candid, one cannot excel in ALL spheres. However, what one can do is put his/her best foot forward, utilize the knowledge gained, and the skill set acquired and “try” to win. What is important is not just excelling but being involved and genuinely committed to the work being done and endeavouring to get the best results/outcomes in the given circumstances. Yes, being interested, inclined and involved in full steam is the stepping stone to excelling but for me, the trick is not excelling or knowing about everything but knowing everything about certain things. In that way, my belief is, the quality of work is much more refined and superior AND that is what will separate one from others. 

    Before pursuing your master’s degree, you worked as a Senior Associate at a renowned law firm in India. How did your experiences there shape your career and influence your decision to further your studies?

    Working as a SA that too in a top law firm comes with a set of challenges. It will push and test you mentally, psychologically and most importantly intellectually. I believe working at such a high level with not just a myriad of matters to handle at a given time but also continually learning from senior counsels/barristers develops and refines one understanding of the law, its working and its granular nuances. During my time I was at a given time exposed to arbitrations, commercial litigations, drafting, research, pleading, strategic decision-making, and judgement calls- a whole universe of disputes and whatever comes with the territory.  Every experience no matter how small or big the matter made a mark in the way I would think, perceive, react or even respond to situations. It made me more alert, aware and intellectually open. Quite plainly, it prepared the breeding ground for being “ready” to take on the challenge that is presented by studying at an international level. After a point, I thought that it was time to take the plunge. 

    What motivated you to pursue your master’s degree in International Business Law with a focus on International Commercial Arbitration and Investment Arbitration?

    Turn of fate is rather a cheeky first instinctive answer to this! On a serious note though, My academic journey has been a roller-coaster ride. In 2016, I was selected for pursuing my master’s at the National University of Singapore (NUS). Unfortunately, I could not take up the offer owing to personal issues. Thereafter, I never thought of pursuing my master’s and had some of the most brilliant working years of my life. In 2020, like many, Covid gave me time to retrospect and introspect. The deep-rooted urge to pursue my master’s degree, which I thought had been quelled over the years, egged me on. I applied once again, not to NUS anymore, but only to three colleges in London (I got through two, KCL being one of them). I was certain that I wanted to study in London and one of the three colleges owing to the subjects on offer and world-class faculty. What started as a perfunctory attempt ultimately led to the doors of King’s College, London. Since my background and skillset have always been in commercial law and dispute resolution, specializing in that area was a natural choice. The strategy was to play to my strengths, which I did. The underlying objective or motivation was simple: gain a finer understanding and international exposure to the concerned area of law.

    Could you share some of the key lessons or experiences from your time studying at King’s College, London, and being taught by leading barristers in the field of dispute resolution?

    The experience of studying in such an iconic college is overwhelming not just in terms of the intellectual challenges that it encompasses but also the pressure to survive and perform in a batch with such diversity. Colleges like KCL always boast of an extremely diverse cohort wherein one is competing against some of the brilliant minds across the globe. During my time in England, I have been fortunate to have been taught by some of the leading barristers of not just England but of the world. Some of them include Samuel Wordsworth KC, Lucas Bastin KC, Dr. and Paul Key KC all of whom I proudly call my professors and continue to have good relationships with them. King’s College London has always, historically, been associated with leading practitioners who regularly teach. The current heavy-weight names include Samuel Wordsworth KC, Lucas Bastin KC, Dr Paul Key KC, Phillipa Webb, Julian Bailey, Jason Fry KC and Lord Guglielmo Verdirame KC. Past names include the legendary Late VV Veeder (aka Johnny Veeder), the Late Prof. Martin Hunter (of Redfern and Hunter fame), and Toby Landau KC (who has now shifted his practice to Singapore). One of the major takeaways is that the teaching methodology, the emphasis on critical thinking and the diverse views of other students compel one to engage, think, introspect, present and importantly be flexible to differing perspectives and ideas. It prepares you for critical challenges that the profession will throw at you. It goes without saying that access and interaction with the best minds, apart from being a rare opportunity, also is a tremendous learning curve. 

    Working with a public international law firm like Volterra Fietta must have provided unique challenges and opportunities. Could you share some of your experiences in representing states and investors in investor-state disputes?

    My aim to develop in the area of investment arbitration and public international law (I had a fair amount of experience in commercial arbitrations back in India) led me to work with the renowned public international law firm, Volterra Fietta (VF). VF’s uniqueness lies in being one of the rare firms currently on the planet to exclusively specialize in various aspects of public international law be it before the ICJ or investment arbitration tribunals or the English courts. It is not every day that a ICJ case or an investment arbitration comes about but if it does one needs a firm like VF to tackle the nuances of public international law (which by the way very few can!), apprehend critical hard facts, forensically strategize and advocate the case to bring about the best results. Naturally, being with VF’s investment arbitration practice team has allowed me to gain substantial experience in advisory and highly contentious work, representing both state and investors, in connection to the interpretation of treaties and broader public international law aspects. I have the good fortune of being involved (along with others in the firm) in important matters relating to climate change before the ICJ as VF is mandated to represent one of the Caribbean countries, a multi-million dollar development construction investment arbitration disputes under ICISD for one of the small island states and also a multi-billion dollar investment arbitration against France, under the aegis of PCA, relating to gold mining concessions, to name a few.  The experience has thus been very varied and testing. When working at such an international level, the stakes are always high, there is hardly any room for error. One must be on their toes, being rigorously meticulous. The test of strict timelines fixed by the court /tribunal, the precision of pleadings, the presentation of facts, the research of law, long hours (not even remembering which day it is, at times!), the advocacy before an international tribunal (which, more often than not, would consist of some of the biggest names in public international law) handling high profile client representatives are some of the challenges. One wrong step can fatally affect the case and the client. One will falter at times as to err is human, but it is equally fulfilling to learn from specialist practitioners, at the top of their form, how one can tackle these challenges every day. Hence much is credited to the inimitable Robert Volterra, Founding Partner, Mr Gunjan Sharma, Partner and Ms Angela Ha, Counsel. 

    Balancing your professional career as a lawyer with your passion for writing fiction and photography sounds intriguing. How do you find time to nurture your artistic pursuits alongside your legal practice?

    Quite frankly, I don’t always get time as being a disputes lawyer can flush out life! However, I try my best to read, travel, capture moments and put them down into words for my own sanity. I must, of course, admit I  am not a prolific writer! I am a reader more than a writer. It was, again, pure luck that one of my short stories got published (God knows how that happened but I will take it!). Understandably and bitterly right, my photography has yielded lesser results of such nature! (now, in this case, god knows why that has been so!).

    Notwithstanding the dry sarcastic humour, I believe one must always find time to engage or indulge in activities outside the profession and hold them dear to the heart. For me, it is photography, reading and writing (at times!). Indeed, work pressure will always be persistent, on the flip side what is equally true is that its intensity will vary. It is in those golden bouts of intermittent sanity that one must disengage from the legal world. On a lighter vein though, maybe, I try to compensate or overcompensate for the regret of not being able to study literature and history! 

    What advice would you give to fresh law graduates who are aspiring to build a successful career in Commercial Litigation and Dispute Resolution, especially those who come from non-NLU backgrounds like yours?

    One thing to be clear at the outset, is that the profession is tough. No matter which branch of law one practices, it is a rigorous profession. It becomes cruelly painstaking when one ventures and tries to eke out a living from commercial litigation and dispute resolution. As I said, being from a non-NLU background can have its challenges at the initial stages but it cannot define one’s work. It cannot define you, therefore NEVER let it. At best a non-NLU background will put you behind the race but it cannot put you out of the race. Whoever is out there from a non-NLU, do not let your background define your work. A sense of single-mindedness is required to build a career in disputes and this is what I call the “3-D” effect: Discipline, diligence and determination. There cannot be any substitute for this. There never has been and never will be. Therefore, one should concentrate on building up and creating good quality and body of work. The opportunities or recognition comes from the work one delivers and not from a person’s background. One must be patient and ready to persevere, burn the midnight oil, and suffer the frustration of less or no work and money in the initial stages. It is often said ‘love what you do and do what you love’. This might sound easier said than done but in my experience, this is the way one can work towards whatever one wants to achieve.  Importantly, you cannot stop believing in the work that you are doing- this is irrespective of where you come from and whatever work one is doing. The day you stop believing in the work, it will be the end of that area of practice. As Denzel Washington said in his NAACP image awards ceremony speech, “Keep working, keep striving, never give up. Fall down seven times and get up on the eight”. 

    Q10. Lastly, what do you envision for your future in the field of international dispute resolution and commercial litigation? Are there any specific goals or areas you would like to explore further?
    I have always been a dispute lawyer and will continue to be so. I have realised that there is so much out there on a global scale to learn not just about commercial arbitration but litigation and importantly about treaty arbitrations. My interest in dispute resolution more specifically in investment arbitration (aka treaty arbitrations) which happens to be an offshoot of public international law is much credited to Samuel Wordsworth KC (whom we fondly call “SAM”) and Lucas Bastin KC as they tapped into the brain and exposed me to the rich yet complex and beautiful word of treaty arbitrations and in turn to the universe of public international law. This has been further accentuated by my work with VF. I may not be new to the world of commercial litigation or commercial arbitration but fairly green to the universe of public international law and treaty arbitrations. People who have tasted its cypher have been sucked into this fascinating field like quicksand only to be consumed in the whirlwind of its finer nuances. I shall continue to work, explore and develop in the field. As I would say, you can take the lawyer out of disputes but never the disputes out of the lawyer! Hence, ideally, I will always strive to maintain a balance of disputes work with commercial litigation to the plausible extent it can be and look forward to working and learning from the best legal minds ploughing the planet currently. 

    Get in touch with Ayan De-

  • I believe that legal compliance and tax efficiency are not mutually exclusive, but rather complementary aspects of deal structuring- Prateek Goyal, Partner (Taxation) at MVKini

    I believe that legal compliance and tax efficiency are not mutually exclusive, but rather complementary aspects of deal structuring- Prateek Goyal, Partner (Taxation) at MVKini

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us about your educational background and how you ended up pursuing law after completing your CA and BCom degrees?

    I have always been interested in law and used to look up to my seniors/mentors in the family circle who are in this field. As I was pursuing CA, I simultaneously started my law course post my graduation. I believe that my educational background has given me a unique perspective and a competitive edge in the legal field.

    You have an impressive range of experience in various sectors, from Fintech to Energy and Infrastructure. What drew you to work in such diverse industries in the field of taxation?

    I have always been interested in taxation as a way of understanding how different sectors of the economy operate and interact. I enjoy learning about the specific challenges and opportunities that each industry faces, and how tax policies can affect them. These are dynamic and innovative sectors that have a significant impact on changing the way economy functions and society. I mean we can see the kind of fintech’s getting registered in GIFT City (IFSC) and huge impact that they have in breaking stereotypes, changing the way people understand personal financing or personal investing. It is fast capturing the huge market potential and I think would continue doing that for the time to come.

    You’ve handled M&A transactions and tax due diligence for several clients. Could you share a memorable experience where your tax expertise played a critical role in the success of a deal?

    It was the most challenging and a steep learning curve of my career when we helped a client acquire a company that had significant tax liabilities. Client wanted to buy the company, but they did not want to inherit the tax problems.

    We conducted a thorough tax due diligence on target and identified main areas of exposure and potential solutions. We also assisted in obtaining a clearance certificate that would protect the client from any future claims. We also advised on optimal tax structuring alternatives for the acquisition, taking into account the tax implications thereof.

    As a result of our months of hard work, client was able to close the deal with confidence, and saved millions in taxes and penalties. I was very proud of my contribution to this deal, and I received positive feedback from my partners.

    I also cherish receiving a commendation from our partner for conducting an internal training on new joinees  on several aspects of M&A.

    As a Partner at MVKINI Law Firm, you lead the tax department and manage a team of lawyers and CA’s across multiple offices. How do you ensure effective collaboration and coordination among team members?

    It is challenging when team is spread across multiple offices and has different areas of expertise. I try to set clear goals and role profiles of team members, setting the priorities right and most importantly leveraging technology tools, such as video conferencing and cloud platforms, to facilitate effective communication and real time collaboration among team members. It is also important to continuously develop their skill sets through regular trainings particularly in our dynamic and evolving field of taxation.

    During your time at Ernst & Young, you worked on advising prospective resolution applicants on acquisitions under the IBC regime. What were some of the most challenging aspects of dealing with distressed undertakings in terms of taxation?

    One of the most challenging aspects of dealing with distressed undertakings in terms of taxation was the uncertainty and complexity of the tax implications arising from the resolution process. For instance, we had to assess the tax impact of various structures to implement target acquisition, such as debt restructuring, asset sale, merger or demerger etc. We also had to consider the tax implications of any write-off or waiver of debt, as well as the tax treatment of any losses or unabsorbed depreciation carried forward by the corporate debtor. Furthermore, we had to keep abreast of the evolving regulatory and judicial developments in this area, as there were many unresolved issues and conflicting interpretations regarding the taxation of distressed undertakings under the IBC regime.

    From your experience in handling tax litigation and representation before various authorities, what are some key strategies you employ to achieve favorable outcomes for your clients?

    It is already well emphasized and there are no two views about it. What is of paramount importance is thoroughly digging and understanding facts of the case. It is also an art to get complete set of facts out from a client and once a lawyer is aware of facts, I would say half the battle is won. Certainly researching and preparing legal arguments and presenting effectively is other part of the coin.

    I also prepare clear and persuasive arguments and evidence to support my client’s position and challenge the opposing party’s claims. Also, I believe litigation is not all about fighting only for the sake of it. What I have learnt from my seniors is to not force clients into prolonged litigation and wherever possible seek to resolve the dispute through negotiation or settlement.

    You’ve also been involved in assisting FPI clients with Indian tax compliances. Can you share some insights into the specific challenges and considerations that foreign investors face while navigating the Indian tax landscape?

    One of the main aspects of my work was to help FPIs comply with the Indian tax laws and regulations be it advisory, compliances or litigation. Some of the challenges and considerations that FPIs face while investing in India are:

    – The classification of FPIs into different categories given their unique structures in their home jurisdiction and navigating the same into Indian jurisprudence based on tax treaties

    – The withholding tax obligations on various types of income, such as dividends, interest, capital gains, and royalties, and the availability of tax treaties and lower rates for certain jurisdictions.

    – The reporting and documentation requirements for FPIs, such as filing of tax returns, furnishing of certificates, and maintaining of books of accounts and records. I witnessed how EY was a flagbearer in implementing automated processes for doing these tasks and the amount of effort and investment that went into doing so.

    – The risk of tax audits, assessments, and disputes by the Indian tax authorities, and the options for resolution and appeal.

    With a substantial background in IBC litigation and commercial arbitration, what advice would you give to businesses or individuals who may find themselves in insolvency situations?

    Insolvency situations are complex and challenging for any business or individual, and they require careful planning and professional guidance. My advice would be to seek legal assistance as soon as possible, and to explore all the available options for resolving the insolvency, such as restructuring, settlement, liquidation, or bankruptcy. I would also advise them to cooperate with the creditors and the insolvency resolution professionals, and to comply with the relevant laws and regulations. Additionally, I would suggest them to consider the benefits of alternative dispute resolution methods, such as arbitration or mediation, which can help them avoid lengthy and costly litigation, and achieve a more satisfactory and amicable outcome.

    Having worked in both corporate law and tax advisory roles, how do you strike a balance between legal compliance and tax efficiency when structuring deals for clients?

    As a legal and tax advisor, I always aim to provide solutions that are both compliant with the relevant laws and regulations and efficient in terms of tax implications for the clients. I believe that legal compliance and tax efficiency are not mutually exclusive, but rather complementary aspects of deal structuring. To achieve this balance, I follow a few principles:

    – First, I always start with a thorough analysis of the client’s objectives, needs and preferences, as well as the specific facts and circumstances of the deal. This helps me to understand the scope and complexity of the issues involved and to identify the potential risks and opportunities.

    – Second, I research and evaluate the applicable legal and tax frameworks, both domestic and international, that govern the deal. I also keep abreast of the latest developments and trends in the relevant fields, such as new legislation, case law, guidance and best practices.

    – Third, I design and propose solutions that are tailored to the client’s situation and goals, taking into account the legal and tax implications of each option. I also communicate clearly and effectively with the client, explaining the pros and cons of each solution, as well as the assumptions, limitations and caveats involved.

    – Fourth, I collaborate and coordinate with other professionals, such as lawyers, accountants, bankers and consultants, who may have different perspectives and expertise on the deal.

    – Fifth, I monitor and review the implementation and execution of the deal and provide ongoing support and advice to the client, in case of any changes or issues that may arise after the deal is closed.

    Throughout your career, you’ve worked with clients from various sectors and industries. How do you stay updated with the ever-changing tax laws and regulations to provide the best possible advice to your clients?

    That’s a great question but I am afraid my answer not any different. It is 3R’s – READ, READ and READ

    I think it’s very important to keep up with the latest tax rules and trends, especially in this dynamic and complex environment. You need to subscribe to knowledge databases, newsletters and podcasts from reputable sources that cover tax news and analysis, follow some influential tax experts on social media and blogs, attend regular webinars and workshops that offer updates and insights on various tax topics and issues. What is also understated is consulting with fellow colleagues or mentors if you have any doubts or questions who are always welcoming and provide different perspectives which you might have just not thought about. In fact, I also sometime try to find time to share my knowledge with extended family on LinkedIn by sharing my analysis on latest tax controversies and new legislations.

    As someone who has achieved considerable success in your field, what advice would you like to give to fresh law graduates who are just starting their careers in the legal profession, especially those interested in taxation?

    Don’t stop asking questions and learning new stuff. Tax law is tricky and always changing, so you gotta keep your curiosity and your brain sharp. Look for ways to learn more, like taking courses, going to events, and reading a lot. Get your hands dirty, try to get as much real-world experience as you can, through internships, jobs, or whatever. This will help you improve your skills and meet people who can help you out.

    Money should be secondary as your career just starts and I strongly discourage  this tendency nowadays to switch jobs in name of ‘climbing the ladder’ or taking a ‘steep curve’.

    A good mentor can help you navigate the tough times (which very often comes in this field), so find one and discuss whenever in doubt. Also, I do believe, everyone has their own set of challenges and pace, so relax and avoid self-comparing tendencies. There is this poem which was introduced to me by our CA-IDT class professor, Mr Ajay Jain – DON’T QUIT

    “When things go wrong, as they sometimes will,

    When the road you’re trudging seems all uphill,

    When the funds are low and the debts are high,

    And you want to smile, but you have to sigh,

    When care is pressing you down a bit,

    Rest, if you must, but don’t you quit.”

    (Read on, if you must..)

    Get in touch with Prateek Goyal-

  • Building a reputation for integrity and professionalism is essential for establishing a successful legal career- Pratik Pawar, Partner, at J. Sagar Associates

    Building a reputation for integrity and professionalism is essential for establishing a successful legal career- Pratik Pawar, Partner, at J. Sagar Associates

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us about your journey and how you ended up practicing law with a focus on litigation and alternative dispute resolution?

    My journey in the legal profession has been deeply influenced by the inspiring example of my father, an esteemed and hardworking advocate in his own right. Witnessing his dedication and success in representing clients from diverse backgrounds before the courts instilled in me a profound interest in litigation from an early age.

    I believe my foundation in law was laid through observing my father’s work, engaging in discussions with him about courtroom strategies, and purely out of curiosity reading pleadings and cross-examination notes prepared by him. These formative experiences fostered a natural inclination towards litigation and reinforced my determination to follow in his footsteps and practice as a litigator.

    During my time at law school, I pursued internships and opportunities that allowed me to gain hands-on experience in the world of litigation. One significant association was with the law firm M/s Shaunak Satpute & Co., renowned for its expertise in representing clients before various courts and tribunals. As an intern and later as an associate with this distinguished firm, I had the privilege of drafting pleadings, handling ancillary court documents, and independently arguing cases in front of the judiciary. The guidance and mentorship of Mr. Satpute, a seasoned legal professional, played a pivotal role in honing my skills and bolstering my confidence. I am immensely grateful for the platform provided by M/s Shaunak Satpute & Co., as it equipped me with the necessary skill set and fortitude to build a fulfilling career in litigation.

    My journey as a litigator has been shaped by a passion for justice, a dedication to the legal profession, the invaluable lessons learned from my father coupled with the emotional urge to follow his footsteps and esteemed mentors and guiding forces like Mr. Shaunak Satpute, Mrs.  Zia Mody and Mr. Farhad Sorabjee throughout my career. 

    You’ve had extensive experience representing clients before various courts and tribunals in India, including the Supreme Court and different High Courts. What attracted you to this area of law and how did you become involved in such diverse and complex cases?

    Indeed, the allure of litigation lies in the profound opportunity to champion our clients’ causes and seek justice before the courts. I firmly believe that advocacy in the courtroom is the heart and soul of our profession, and it is this conviction that drew me to this area of law.

    Litigation is akin to a captivating game of chess, where strategic thinking, extensive research, and meticulous preparation are paramount. The thrill of pleading one’s case before the court is matched only by the satisfaction of crafting compelling arguments and presenting them effectively. Each case presents its unique challenges, requiring a keen understanding of the law and a proactive approach to anticipate the opposing party’s moves.

    After my tenure at M/s. Shaunak Satpute & Co., I had the invaluable opportunity to join AZB and Partners, a prominent law firm in India, where I had the privilege of working closely with Mrs. Zia Mody. This experience exposed me to complex and diverse litigations and arbitrations, including high-stakes disputes involving public trusts, international commercial arbitrations, and fiercely contested corporate disputes.

    Under the mentorship of Mrs. Zia Mody, I honed my skills and cultivated a never-say-die attitude. Over the course of my six years at AZB, I had the privilege of representing clients in matters before the Bombay High Court and the Supreme Court of India. Several of these landmark cases resulted in reported judgments, which further underscored the depth and complexity of the matters I handled. 

    Followed by my stint at AZB, I have been working with JSA as their disputes partner for last eleven years where I have continued to handle and lead high-value and intricate cases before various Courts, and fora.  At JSA I have had the opportunity of advising and representing diverse clients in arbitration proceedings both, domestic and international. This continued exposure at JSA has equipped me with the confidence and acumen necessary to navigate any challenge, no matter how intricate or critical. JSA has also provided me with the platform and independence to expand my practise in diverse areas of corporate & commercial disputes, as well as matters pertaining to Media & Entertainment law which include contentious matters pertaining to copyright infringements in cinematographic films, disputes pertaining to rights in a cinematographic film, legal opinions on copyright infringement, advertising standards, disparagement, advisory and documentation in relation to assignments of rights in a cinematographic film. This has shaped me into a seasoned litigator, capable of representing our clients’ interests with unwavering dedication and a commitment to excellence. 

    The field of law can be quite challenging and demanding. Could you share some of the most memorable or impactful cases you’ve handled throughout your career?

    I must admit that the field of law is indeed dynamic and presents a constant stream of challenges. Throughout my career, I have had the privilege of handling numerous impactful cases, each with its own unique set of facts and complexities.

    Among the most memorable and impactful cases was a dispute between two joint venture partners, which epitomized a classic shareholder’s dispute. This matter demanded urgent applications for interim relief, requiring my team to employ strategic foresight and navigate potential countermeasures. The late-night counsel conferences and rigorous internal discussions to chart the best course for our client were defining moments. Ultimately, achieving a favourable outcome in that matter remains a cherished and highly instructive experience for me as a litigator.

    Another significant case involved a contractual dispute between our client, a renowned software company, and a formidable counterparty engaged in the travel and tourism business. The counterparty resisted the appointment of an arbitrator and opposed Section 11 proceedings all the way to the Supreme Court. The complex arguments presented by both sides during the Section 11 proceedings at the High Court and the Supreme Court culminated in reported judgments in favour of our client.

    Adding a unique twist to the case, the arbitrator initially appointed by the Court on behalf of the counterparty recused himself, leading to the counterparty’s attempt to appoint an arbitrator of its choice after forfeiting its right to do so initially. My team successfully filed an application opposing this appointment, contending that the counterparty had relinquished its right and, given that the court had appointed the original arbitrator, only the court could appoint the replacement. This application, too, was contested vigorously before the High Court and the Supreme Court, ultimately resulting in a favourable judgment for our client.

    These cases exemplify the essence of practicing law, where relentless dedication, strategic acumen, and profound legal knowledge converge to secure the best possible outcomes for our clients. I take immense pride in leading our firm’s talented team to handle such impactful cases and provide exceptional legal representation to our valued clients.

    In your profile, you mentioned advising and representing clients in international arbitrations. How does the approach to international arbitration differ from domestic ones, and what are the unique challenges you face in cross-border disputes?

    Here, I must underscore that international arbitration stands apart from domestic proceedings due to its unique complexities and considerations. When dealing with cross-border disputes, we approach the process with careful attention to the applicable law governing the contract and the rules governing the arbitral proceedings. Given that, wherever necessary, engaging a local counsel or law firm specializing in the relevant law ensures sound legal advice and accurate contract interpretation, enhancing the overall effectiveness of the representation.

    One key distinction in international arbitration is the approach to discovery. The process of requesting and objecting to document production differs in form and practice compared to domestic arbitrations. Therefore, I along with my team adopt a tailored approach to address these nuanced aspects while representing our clients in international arbitrations.

    Cross-border disputes present distinct challenges, notably the fixed time frames allotted for conducting cross-examinations and advancing arguments. Adequate preparation is essential, and we meticulously adhere to time limits for cross-examination of witnesses and oral arguments. To ensure optimal performance, we conduct mock trials in advance of the hearings.

    Additionally, enforcement of foreign awards poses another challenge in cross-border disputes. My team remains vigilant in navigating the intricacies of enforcing such awards, employing our expertise to protect our clients’ interests throughout the process.

    White-collar criminal proceedings and investigations are another significant part of your practice. What drew you to this particular area of law, and how do you navigate the complexities of representing clients in such cases?

    My journey in the legal profession has been marked by versatility and adaptability. As a young litigator, I embraced the responsibility of handling both civil and criminal matters, as it was expected of me to be well-rounded in my practice. This early exposure to a diverse range of litigation mandates allowed me to develop a comprehensive skill set, enabling me to adeptly represent clients in various legal arenas.

    In recent times, the boundaries between civil and criminal proceedings have become less distinct. Commercial transactions can often lead to disputes where parties find themselves embroiled in parallel civil and criminal proceedings. Consequently, my team and I frequently find ourselves representing clients in both civil and criminal matters arising from the same transaction.

    Handling criminal proceedings and investigations demands agility and quick thinking. As we strategize, decisions must be made swiftly, always keeping in mind the imperative of minimizing risk exposure for our clients. Though it can be a demanding and sometimes stressful process, the adrenaline rush of navigating criminal cases is truly unmatched.

    To successfully navigate the complexities inherent in criminal matters, we place paramount importance on understanding the client’s perspective and the transaction at hand. Formulating a clear strategy, including anticipatory bail or bail applications, becomes essential in such cases. We also ensure that our clients are fully informed of the merits of their case, based on the charges they are facing. Sensitizing clients to the realities of the situation and emphasizing the significance of cooperating with the authorities during investigations are vital aspects of our counsel.

    When handling criminal matters for our corporate clients, we understand that certain criminal actions may be initiated as pressure tactics and may not necessarily warrant prosecution. Despite the frustration that may arise during such processes, I guide my clients through effective counter steps and actions to address these proceedings, always prioritizing their liberty and best interests.

    Your media and entertainment practice involves dealing with copyright infringements, film rights, and advertising standards. What are some of the key issues and legal nuances that arise in this area, and how do you protect your clients’ interests effectively?

    I happen to be acutely aware of the key issues and legal nuances that arise in this dynamic area of practice. Copyright infringement claims pertaining to film scripts, exclusive event photographs, and well-known trademarks, as well as cases involving comparative advertising, are among the prominent challenges faced in the realm of intellectual property. Over the years there has also been an increasing trend in matters concerning alleged copyright infringements at inter-office/corporate musical events.  

    To effectively protect the interests of our clients, we employ a comprehensive approach that begins with issuing cease and desist notices to parties infringing upon our clients’ IP rights. When necessary, we swiftly initiate appropriate legal actions seeking urgent ad-interim reliefs, which may include seeking injunctions or other forms of emergency relief. In certain cases, we also take recourse to initiating criminal proceedings under the relevant statutes to safeguard our clients’ rights under the trademarks act.

    In addition to our vigilant efforts in enforcing IP rights, I provide strategic advice to clients on matters concerning comparative advertisement, ensuring compliance with the Advertising Standards Council of India (ASCI) rules. Keeping abreast of evolving guidelines on misleading advertisement, we counsel our clients on adhering to the most recent regulatory standards to minimize legal risks.

    In a world where the media and entertainment landscape is constantly evolving, we pride ourselves on offering tailored legal solutions that safeguard our clients’ creative works, brand identities, and commercial interests. 

    Throughout your career, you’ve advised clients from various industries and regions. How do you stay updated with the ever-changing legal landscape, especially in the international arena?

    As a dedicated legal professional, I recognize the imperative of continuous learning to navigate the ever-changing legal landscape effectively. Staying updated with the latest legal developments, both domestically and internationally, is a top priority in my practice.

    To keep abreast of the dynamic legal landscape in India, I diligently monitor any amendments to statutes and the introduction of new legislative regimes. Additionally, I remain vigilant in tracking important judgments in my practice area, discussing them with my team to ensure we stay well-informed.

    Furthermore, being aware of the latest trends and practices in various industries where I advise clients is essential. This knowledge enables me to offer well-rounded and strategic legal counsel tailored to their specific needs.

    In the international arena, I would be remiss if I didn’t mention the multiple opportunities provided to me by my Partner Mr. Farhad Sorabjee to meet and interact with lawyers across international jurisdictions. I have been blessed to meet legal luminaries across the globe and speak in webinars and conferences on legal trends in these jurisdictions and build strong connections across borders. I also subscribe to newsletters and publications from reputable sources in various jurisdictions to maintain an up-to-date understanding of international legal developments.

    As a seasoned practitioner, I firmly believe that continuous reading and learning are indispensable for any successful legal professional. The commitment to being a lifelong student of the law allows me to provide the highest level of legal representation to clients from diverse industries and regions.

    Could you share a particularly challenging case you’ve worked on and how you were able to find a successful resolution for your client?

    One of the most demanding and distinctive cases in my career involved a representative suit filed against my clients during the challenging period of the Covid-19 pandemic when the Bombay High Court was functioning exclusively in a virtual manner. This case was particularly notable as it was the first matter taken up for final hearing and adjudicated virtually by the Bombay High Court, entailing extensive volumes of pleadings filed online by both parties.

    In this matter, two former employees of my client initiated a Representative Suit along with an Interim Application on behalf of 256 ex-employees before the Bombay High Court, seeking a stay on my client’s discontinuation of premium payments for medical insurance coverage. My team and I represented and defended the Company in these proceedings, which presented intricate legal issues involving the grant of mandatory injunctions and the application of promissory estoppel in India. Additionally, the court deliberated at length on the impact of the Covid-19 pandemic on the cessation of premium payments during an extensive online hearing. 

    The outcome of this complex case proved successful for our client. The Single Judge of the Bombay High Court dismissed the Interim Application, upholding our client’s position, and observing that while Covid-19 had indeed affected both individuals and companies, it could not serve as a ground to bypass the standard legal requirements for the grant of mandatory injunctions.

    The ex-employees filed an appeal before the Division Bench of the Bombay High Court, which, too, was subsequently dismissed, affirming the favourable outcome for our client.

    The proceedings of this case were marked by the unique experience of filing comprehensive pleadings online and conducting a final hearing of a complex matter virtually. The challenges posed by this novel approach to litigation underscored the adaptability and resilience of my team. Ultimately, the successful resolution of this case stands as a testament to our unwavering commitment to diligently represent our clients’ interests, even in unprecedented and challenging circumstances.

    As a seasoned attorney, what are the most valuable lessons you’ve learned from your experiences in the legal profession?

    Throughout my extensive journey in the legal profession, I have gained invaluable insights and learned several key lessons that have shaped my approach as an attorney. These lessons can be summarized as follows:

    • Patience and focus are essential virtues in the legal profession. Rather than seeking immediate results, I have learned the value of staying committed to the long-term goals of my clients, meticulously working towards achieving favourable outcomes.
    • In the dynamic world of law, learning is a perpetual process. Each case and every interaction with colleagues and mentors provide opportunities for growth and knowledge enrichment. I firmly believe that the willingness to learn and adapt is a hallmark of a successful legal professional.
    • Throughout my career, I have been fortunate to receive guidance from seasoned mentors. The wisdom imparted, whether through direct teachings or subtle corrections to my work, has left a lasting impact on my approach to legal practice.
    • Regardless of the nature of a court appearance or meeting, I have learned the importance of thorough preparation. Even when seeking an adjournment, being well-prepared demonstrates professionalism and respect for the judicial process.
    • As a legal practitioner, my primary duty is to my clients. I have learned to provide them with candid and honest assessments of their cases, ensuring that they have a realistic understanding of their situation and the potential outcomes. This approach fosters trust and enables clients to make informed decisions.

    Considering your extensive experience and expertise, what advice would you like to give to fresh law graduates who are just starting their legal careers?

    To the aspiring young law graduates embarking on their legal careers, I offer the following advice, drawing upon my own experiences in the field:

    • In the pursuit of a career in litigation, it is crucial to develop a strong foundation by learning the fundamentals of litigation practice. Familiarize yourself with the process of filing a matter, addressing office objections, and understanding court procedures. Embrace the basics, as they form the bedrock of your growth as a litigator.
    • Spend time in court observing experienced counsel argue their cases. Take note of the principles of law they cite, their approach to presenting arguments, and how they handle interactions with the judges. Observing seasoned practitioners will provide invaluable insights into the intricacies of court craft.
    • Entering the legal profession may seem overwhelming at first, as the practical aspects of litigation can differ from the theoretical knowledge imparted in law school. Be patient and recognize that success in this field requires perseverance and dedication. Embrace the learning curve, and with hard work and sincerity, you will gradually find your footing.
    • As you gain experience, strive to develop a holistic approach to litigation. Understand that legal practice is not solely about arguing cases but also encompasses diligent research, drafting persuasive pleadings, and mastering the art of negotiation and settlement.
    • Uphold the highest standards of professionalism and ethical conduct in all your interactions. Building a reputation for integrity and professionalism is essential for establishing a successful legal career.
    • The legal profession is ever evolving, with new laws and precedents shaping the landscape. Therefore, commit to lifelong learning and stay updated with legal developments to provide the best possible representation to your clients.
    • Be patient.

    Get in touch with Pratik Pawar-

  • Take feedback seriously, but never to heart. Also it only reflects how you were at that particular point in time and never a reflection on your future opportunities or ability- Samarth Chaddha, Legal Counsel at Goeasy

    Take feedback seriously, but never to heart. Also it only reflects how you were at that particular point in time and never a reflection on your future opportunities or ability- Samarth Chaddha, Legal Counsel at Goeasy

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Sir, please tell us about your journey and how you ended up pursuing a career in law? What inspired you to choose this path?

    I was working after I completed my graduation in Economics and I felt the need to study further. At that point, an MBA seemed like it would require many more years of work experience, so I decided to look into becoming a lawyer. The idea of law school aligned with my idea of writing, researching and discussing laws and policies – all of which were activities I enjoyed. 

    With your combined academic and working experience in legal counseling within various business environments, what have been the most valuable lessons you’ve learned along the way?

    I think I have learned what kind of mentor to be and what not to be. I have had bad bosses, and some very good ones. Therefore, I know what not to do. On the technical front, I have learned how to redline and draft agreements which is a skill we have to keep getting better at as we progress in our career. 

    In your previous roles, you have been involved in regulatory compliance, risk anticipation and management, as well as contract review. Could you share some examples of challenges you faced in these areas and how you successfully navigated them?

    Initially I found some of these agreements daunting and confusing to say the least. But with the right levels of practice, and some help from other colleagues and mentors, the process of reading an Agreement became more easier for me. I recommend having a checklist or some flow of standard steps so you don’t end up missing out on the fine print! 

    You have been responsible for overseeing vendor management for new contracts, contractual work, litigation, and licensing. Could you discuss a project or initiative where you implemented a vendor management process that had a significant impact on the organization?

    In my previous role, I built out a vendor management policy that was adopted by the organization. This was an opportunity for me to understand the pain points of different stakeholders and work with them in creating a policy that reflected their concerns. Eventually this was created into an updated version as well and impacted the business in a big way. 

    Throughout your career, you have demonstrated strong analytical and critical thinking skills. Can you share an example of a complex legal problem you encountered and how you approached its resolution?

    I remember negotiating in a conference room over a force majeure clause and whether the pandemic was still foreseeable or unforeseen. I just tried to understand the other party’s perspective and my approach was to come to a gradual resolution with a more give and take mentality as we went along with the contract negotiation. 

    Communication is a vital skill for any legal professional. How have you utilized your oral and written communication skills to effectively collaborate with colleagues, clients, and stakeholders?

    This is something we have to keep working on. Whether it is emails, or even speaking to clients and stakeholders on the phone – we are always communicating. I try to keep my emails short and my tone to be friendly or business casual for the most part. I typically find that if you are not able to deliver, sending a holding email can be an effective way to buy some time and not disappoint. 

    Lastly, based on your extensive experience, what advice would you give to fresh graduates who are just starting their careers in the legal field? What key skills or mindset should they focus on developing to succeed in this profession?

    Be ruthless. Take feedback seriously, but never to heart. Also it only reflects how you were at that particular point in time and never a reflection on your future opportunities or ability. Everything can be taught and learned – no body is born with the ability to decode legislation or draft agreements. Similar to driving, we all are learners and keep practicing our craft to be so in the “practice” of law. 

    Get in touch with Samarth Chaddha-

  • IPR is the backbone of inventions and brand protection and with the advent of the new age economy it is becoming all the more impactful for brand protection and the building of India as a country and nation leading the economy in the times to come- Shivaarti Bajaj, Co-Founding Managing Partner at RSD Bajaj Global Law Firm

    IPR is the backbone of inventions and brand protection and with the advent of the new age economy it is becoming all the more impactful for brand protection and the building of India as a country and nation leading the economy in the times to come- Shivaarti Bajaj, Co-Founding Managing Partner at RSD Bajaj Global Law Firm

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us about your journey and how did you end up becoming a lawyer specializing  in intellectual property, data protection, and emerging technologies? 

    As a person with a Masters in Biotechnology and allied Sciences, and coming from an Indian  Air Force (defence) family background, and as a first generational lawyer, pursuing law and to  build our firm has been an experience of immense learning. I have grown with the India growth  story – that if you have merit, it shall prevail with the right kind of hard work to back it.  

    Furthermore, with the guidance and mentorship of Dr. Vidya Sagar, Founding Managing  Partner, Remfry & Sagar and the Father of Intellectual Property Rights in India, being able to  absorb his teachings after being recruited directly by him in the firm, was my watershed  moment. With always a keen interest in the language of law, debates, history and a penchant  for reading, having to progress into becoming a full-fledged lawyer was a natural one post that.  It was at that moment that I realized that I can use this cross-section of knowledge of science  and law that I have generated in the field of IPR’s and technology law and thereby started  contributing to the field of law. 

    With the advent of the digital age, technology has always been at the forefront of our thought  process and while building the firm we follow the vision of being able to be advised through  quality and in-depth knowledge to the clients in the field of technology and emerging tech and  cater to the new age economy.  

    But if I have to summarize my journey till now, in one line, I would quote Robert Frost, “These  woods are lovely, dark and deep, but I have promises to keep, and miles to go before I sleep,  and miles to go before I sleep.” 

    As the Co-Founding Managing Partner at RSD Bajaj Global Law Firm, what motivated  you to establish the firm and what unique services does it offer to clients globally? 

    Our vision of establishing RSD Bajaj Global Law Firm is by way of creating an impact by  advising clients of the new age economy at legal and business strategic level.  

    The firm’s vision is principally based on the important pillars of- being a full service law firm; integrity and professionalism – which is something which we see at the cynosure of our ethics  and functioning the firm, be it within our teams or with the client’s at large; and to take the  firm global from India.  

    Being a full service law firm from India puts us in a position to advise our clients not only on  the advisory fronts on all practice area’s but also on the enforcement end of the law. This unique  ability to be on the full spectrum is something we have always envisioned at the firm and with  the amalgamation of integrity and professionalism we are keen to take it to the global forefront.  

    You have successfully advised and aided in scaling of various digital/tech start-up’s.  What key challenges do these start-up’s often face, and how do you help them overcome  those challenges?

    The firm – RSD Bajaj Global law firm – being a full service firm, from the point of view of the  capability of the firm to advise on Corporate, PE, M&A, IPR, Data privacy and litigation as  well. 

    This makes us- in terms of capability- to be able to provide our clients with an out-an-out 360  degree advisory along with enforcement capabilities within the firm itself. This we see as a  challenge which the firm is able to dwell into and solve at a level which enables us to be present  as an end to end advisory with a strong ability of enforcement.  

    Lawyers in traditional law firms do not understand how the new economy works, how their  leaders think. We have been entrepreneurs and grown with these entrepreneurs and invested  our heart and soul of theirs through process and entrepreneurship mind space. Hence, in contrast  to the traditional law firms, we see that our solutions are more suited and advice is rounded in  terms of the current business needs. At the end of the day, your product has to be good. If you  can solve difficult problem statements for clients, you are the go to person for the client. In  order to be a part of that solution, the ingredients and hence the approach both are different.  

    With your specialization in intellectual property rights and data privacy, how do you  advise clients on the intersection of IPR and business laws- particularly in the Web3.0 space and with Metaverse and NFT’s ; also with regard to the Data Privacy in the India  jurisdiction?  

    Also, since you are one of the few certified qualified patent attorney/agents in India with a  masters in Biotechnology & allied sciences, could you shed some light on the importance of  patents and trademarks in protecting innovations and brands? 

    Intellectual Property Rights as I like to call them are a right which might have not been taken  very seriously by a plethora of businesses in India in the past. However, in the present times the  vast applicability of Intellectual Property rights along with the relevance it brings to businesses  at large is gaining it’s securing place in the legal realm of all deals, innovation and brand  protection.  

    IPR is the backbone of inventions and brand protection and with the advent of the new age economy  it is becoming all the more impactful for brand protection and the building of India as a country  and nation leading the economy in the times to come.  

    In the digital phase, the next juncture will have a heavy influence of IP rights in the digital  world. With the advent of Web3.0 , Metaverse, NFT’s and digital current. In the Indian  jurisdiction, it will be rather interesting to witness and be a part of judgments, findings and  decisions that we are all set to be witnesses to in the realm of practice. For instance, in April,  the Delhi High Court, for the first time, examined NFT digital player cards and the connected  right of personality of cricket celebrities.  

    The Personal Data protection bill is also underway and the legislative bodies are touted to make  it a law anytime soon. This brings with it a more clear view of the law in terms of Data Privacy  in India and what it would mean for Indian tech companies etc. to be operating in and from  India. The right treatment of data is more of a necessity and the nuances if not followed well  can be leading to heavy penalties as by the government. 

    You were recognized as the BW Intellectual Property Lawyer of the year 2023; and the  BW Tech Lawyer of the year 2023. In addition to this you have also been accoladed with the  BW 40 under 40 lawyers in India in 2022. What do these accolades mean to you, and how  do they reflect your accomplishments in the legal field? 

    From the view of an initial reaction, I think this is a great encouragement for young lawyers in general, especially a ‘first-generational lawyer’s’ such as myself towards my contribution in the last 15+ years to the field of IPRs (Intellectual Property Rights) & Data Privacy and TMT (Technology, Media, Telecom) amongst others. As well as for my legal entrepreneurship journey of scaling a law firm, in the capacity of being the Co-Founding Managing Partner, RSD Bajaj Global Law Firm. 

    Accolade’s are always positive and uplifting, however, in this enriching profession of law whilst building a law firm from India, it is a long way to go. In the present times, a lot will be in a dynamic state with respect to the profession of law and from being an active participant and contributor to the same; and witnessing the fast pace of the changing face of the economy there is still a lot to contribute.  

    Here one cannot help but mention the extract from ‘Ulysses’ by Alfred Tennyson. Ulysses is about living life to the fullest and to constantly aim for positive movement. Ulysses’ zest “to follow knowledge like a sinking star” is something that holds great relevance in the practice of law. 

    The iconic closing line of the poem “To strive, to seek, to find, and not to yield” advocates not just the pursuit of knowledge, but also the will to do so. 

    You have also been recognised as the Chair of the Young Members Committee at the  Licensing Executives Society International (LESI), in India. Therefore, as Chair of LESI  India, what initiatives have you undertaken to support young professionals in the legal  industry? 

    As being honoured to be at the Chair of Young Members Committee in India, we along with  the inputs from our President from India, conduct various webinars and aid in knowledge  sharing across all countries to keep abreast with the changing legal landscape at large.  

    With your vast experience and achievements, what advice would you give to fresh  graduates aspiring to pursue a career in law and the legal profession? 

    Albeit the experiences that I hold come from being able to be present in the once in a lifetime change of the age and knowledge being at the centre point of the new age economy. However I always feel in a field such as the Noble profession of practice of law it will always be an uphill journey with diligence, perseverance and tenacity at its very fundamentals. This is what has mattered and will always matter as the most important accomplishment and with the learnings from seniors across all practice areas and constant guidance of senior’s always help in the learning profession such as law.

    Get in touch with Shivaarti Bajaj-

  • Knowing your brief, correct facts, being bold and aware about what you present, are key points which come what may, would not shake the confidence no matter what- Anushkaa Arora,Principal & Founder at ABA Law Office

    Knowing your brief, correct facts, being bold and aware about what you present, are key points which come what may, would not shake the confidence no matter what- Anushkaa Arora,Principal & Founder at ABA Law Office

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Ma’am, please tell us about your educational background and how you ended up pursuing a Master of Laws (LL.M) in Intellectual Property Laws from the National University of Singapore?

    I was born and brought up in Delhi however, I pursued 8 years of school from Dehradun, namely Ann Mary School.  I am a Science with Maths student from an ICSE + ISC school named previously. Thereafter, from a PCM background I took the plunge into BA LLB, and with god’s blessings topped semesters and attained top position during my final semester. I further pursued my masters in IPR from NUS Law. Meanwhile during school, I have also had the innate interest towards yoga and attained Pramana Patra by clearing all 5 levels with highest grades. 

    I took the plunge into IPR for the reason that apart from criminal laws, IP Laws interested me a lot during university days. I found that the curriculum taught in law schools was not enough to overall understand this subject, which is when I decided that I would definitely want to study IP  in depth. I was fortunate to get into Amarchand Mangaldas on merit, as an intern, where I was put into the IP team, which further caught my attention towards IP, which is when I was sure that I would like to explore this subject more, before I hit the professional world. I thereafter to satisfy my curiosity over this subject got into Luthra & Luthra internship and experienced various more aspects in the same. Further, I was called back at Amarchand Mangaldas over an assessment internship, with which I was sure that I would really love to further pursue this subject and dwell into advanced core. This is when, it struck me, to pursue IP from NUS, being top 10 in the world for IP Laws, as a recommendation from every well-known practitioner of IP India has seen. After further training with some of the most refined law firms as named above including RK Dewan, I took the plunge for Singapore to pursue masters in IP. 

    During your LL.M program, you specialized in subjects such as Celebrity and Entertainment laws, fair use in the UK and USA, copyright, trade marks, cyber law, and more. What sparked your interest in these areas of law, and how do you think they contribute to the field of intellectual property?

    My main motive to pursue masters from Singapore in IP field was to be trained by the best and pursue subjects which form part of real core of IP. These subjects form part of the real core of IP if we talk about trademarks and copyrights. Being trained by the best, witnessing luxury brands In Front of your eyes by professors who teach such subjects, not only amazed me, but reinstated the dedication for which I had subscribed to masters from Singapore. 

    These subjects have not only contributed towards my professional commitments but have given me the maturity, edge over competitors and confidence to deal with some of the very high stake and high profile IP litigations/advisory I have handled so far.

    You completed Directed Research under Prof David Tan on Luxury Brand Counterfeiting. Could you share some insights from your research and its significance in addressing the issue of counterfeiting?

    My directed research under the topic as mentioned has been pursued under the guidance of a person who is not only well known for the said subject but is a live example of walking luxury brands. My research involved understanding luxury brands, the efforts and time spent on making the same, counterfeits of such brands, empirical research of the same. To undertake the research,  I even travelled to south Vietnam, which houses counterfeits of the world, understanding the market there, issues with use of counterfeits etc were some aspects which were witnessed in person and thereafter jotted down. 

    Counterfeiting is escalating especially with advent in technology and know-how. The directed research addresses very specific points over the same, creating significant impacts over society to understand the issue to its root cause and the pitfalls associated.

    Your Bachelor of Arts and Law Honours degree from Guru Gobind Singh IP University in Delhi showcased exceptional academic performance. What motivated you to excel in your studies, and how did this experience shape your understanding of the law?

    Honestly, I was always passion driven. Nothing seems rather a task when it comes to law. I just loved what I am doing, hence it all happened as it should happen. I always had the innate quality to understand arts subjects right from school where I used to obtain highest grades in history, English etc. continuing the same interest in BA LLB. I am glad I did exceptionally well. 

    Being honest, law school studies did shape a personality, however with respect to understanding of law, I will say I give the credit to my training as an intern since 2012 in any or all holidays. I think practical knowledge in law is most important which one does not get by studying law. Same story follows, at least for me. 

    As a member of the Singapore International Arbitration Center (SIAC), could you share some of your experiences in handling arbitration cases and the significance of alternative dispute resolution in the legal profession?

    I have represented Indian clients before SIAC and have also advised on such international arbitrations. Apart from the same, I have dealt/been a part of some of the high stake arbitrations in India for which the journey compared with litigation has been a much smoother ride.

    Getting instructions from clients, presenting the same before the arbitrator working your way out in a much organised and sophisticated manner, have been some of the most loved experiences.

    I believe we should work towards advising parties in choosing ADR rather than complex, long and haphazard litigation, which not only saves time and money of the Client but it does give a comprehensive organised flavour to the case. Speedy angle being added, makes it even more suited for clients. 

    You have been actively involved in conducting webinars on various legal topics and moderating sessions with renowned individuals in the legal field. What motivated you to engage in knowledge-sharing activities, and how do you think they benefit both legal professionals and the wider community?

    I have always been involved in such knowledge-sharing activities, since school days. Having an innate quality to help the society, I have even kept myself occupied with pro bono activities and extending pro bono legal aid to the downtrodden. 

    Be that as it may, I do not think anything motivated me, I think this is always something I liked, because I wanted to help a major section of society either by imparting education or by getting dignitaries who could do the same. 

    Such knowledge-sharing activities have far reaching effects. These days, the internet is accessible to masses. For those students or professionals who cannot afford expensive commentaries, web access, mentoring under dignitaries, can gain insights by witnessing such knowledge-sharing activities, which has been my main motive all the while. People who are preparing for exams, involved in litigation over subject matter relating to such knowledge-sharing activities etc are tremendously befitted, as they can join and during interactive sessions, pen down their queries and thereby avail answers. 

    In your role as the Founder of ABA Law Office, you have worked on notable matters such as handling complex criminal law cases, intellectual property rights etc. matters for clients. Could you share some key challenges you faced in these cases and how you effectively addressed them?

    Key challenge faced is I believe with respect to me being a female. Gender discrimination though subtle but is prevalent. Tackling the same especially in lower courts outside Delhi is yet again a major task, which I successfully seem to have handed over the years of my practice. 

    Knowing your brief, correct facts, being bold and aware about what you present, are key points which come what may, would not shake the confidence no matter what. Being any sort of subjugation from the opposite sex, having the above mentioned points, would not let you digress from your end goal.

    As a litigator, you have represented clients in various forums and courts, including notable companies like M & R Furnishing (Apartment 9), Asian Paints, Mr. Shiv Khera Central, Government of India, Indian Railways etc. Could you share some experiences from your litigation practice and how you have successfully advocated for your clients’ interests?

    Running from one court to another, 1 DAY- different forums, different state courts, international matters, briefings, advisories, client calls, drafting’s, arguing, sleep and repeat is a summary of my experience of litigation.  

    I am very confident to say that I believe in obtaining a speedy redressal for my Clients which my track record till date (by god’s grace) has been at par with my thought process. Having an unblemished record of win and speedy redressal is something for which I am truly humbled and bow down to the almighty to bestow upon his kindness. 

    Throughout your career, you have received several professional qualifications and honors, such as winning the Best Research Paper Award and being a recipient of the Ram Jethmalani Academic Excellence Award. How have these accolades contributed to your growth as a legal professional?

    They have given me the boost to consider that I am on the right track and also the reinstatement of the thought that with hard work comes success.

    Based on your experiences and expertise, what advice would you give to fresh law graduates who are about to embark on their legal careers?

    Train/intern as much as you can. Do not waste law school years by sitting ideal and wasting vacations. Any vacations, joining an internship, online internship, virtual internships can be done even if we have difficulty in pursuing physical internships. 

    Only once you have experienced different types of law offices, you would have clarity as to what is the right profession for you when you leave law school. 

    Many a times, students do not train/intern much during law schools, and end up figuring for the first 1-3 years as to which place suits them best, is it a law office, law firm, chamber, judges chamber etc. so to avoid wasting 3 -5 crucial years of career post law school, my only advice would be this. 

    Could you provide us with an overview of the collaboration between ABA Law Office and R S Solomon LLC? What drove the two firms to sign a Memorandum of Understanding (MOU) and join forces?

    The collaboration is an understanding between group international law firms, to work together on matters which may come across each other’s way including advisory, drafting or vetting etc.

    I always had a vision for a global practice of my Law Firm. I have always since my law school ventured to international domains to present papers, understand cultures, built international contacts, and then pursued my masters from Singapore, which further gave me an excellent domain to further strengthen my international contact database. 

    With the said edge of having an international masters from Singapore my south east Asia connect with my colleagues became very strong and soon ABA Law Office started to become a one stop shop for client who wanted to set up companies in southeast Asia by having an Indian law office who could coordinate with various other law offices abroad and get the work done.

    India clients reposed trust in ABA Law Office and soon ABA Law Office developed a strong international practice of advisory, registering trade marks, opinions on IP, contract vetting etc. 

    In the same manner, R S Solomon LLC carrying the same vision was already in a group law firm collaboration with various other law firms across the globe. With the recent BCI notification of allowing foreign lawyers and law firms in India, I saw the same as a good opportunity to further strengthen my Firm’s international practice and with the same in mind, both law firms found synergies to further dwell and commit to. 

    Get in touch with Anushkaa Arora-

  • Engaging experienced tax attorneys is crucial to navigate the complex legal landscape effectively- Adarsh Somani, Partner at Economic Laws Practice

    Engaging experienced tax attorneys is crucial to navigate the complex legal landscape effectively- Adarsh Somani, Partner at Economic Laws Practice

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us a bit about your journey and how you ended up pursuing a career in law, particularly specializing in taxation and related areas?

    I was born and raised in a family with a deep-rooted background in law and taxation. From a very young age, I was exposed to discussions about legal matters and the intricacies of tax law (though am not claiming that I particularly followed everything!). My father and some close relatives were established tax specialists, and their passion for their work naturally influenced my interests as I grew older.

     As I progressed through my education, I found myself naturally gravitating towards subjects that aligned with the legal and financial world. I was particularly drawn to the complexities of taxation and how it played a vital role in shaping economies and businesses. I realized that taxation was not just about numbers and calculations; it was a dynamic field with constantly evolving laws and regulations that had significant implications on individuals and organizations alike.

    After completing my legal education and obtaining the necessary qualifications, I ventured into the field of tax law, ready to take on the challenges that came with it. Over the years, I have had the privilege of assisting numerous clients with tax planning, tax controversy matters, and cross border taxation, among other areas.

     My journey in the field of law, particularly specializing in taxation, has been incredibly rewarding. I continue to be fascinated by the ever-changing tax landscape and remain dedicated to helping individuals and businesses navigate the complexities of tax law to achieve their financial goals while ensuring compliance with all relevant regulations.

     As I look back on my path, I feel grateful for the strong foundation laid by my family’s background in law and taxation, as it has shaped me into the professional I am today—one who is deeply committed to making a positive difference in the lives of those I serve.

    With almost 18 years of experience in tax law, could you share some pivotal moments or experiences that shaped your expertise and passion for this field?

    Over the course of my 18-year journey in tax law, I have encountered numerous pivotal moments & experiences that have profoundly helped my passion inch northwards for this field. Some of these moments include:

    1. Early Mentorship: Right from the guidance of my father in early stages of my career as well as in the early years of my career and support and push of my first few mentors at BMR Advisors (all seasoned tax attorney/ specialists) the expertise and passion were always enlarging. Their guidance, wisdom, and willingness to share their knowledge played a crucial role in my development as a tax professional. Witnessing their dedication to their clients and their mastery of complex tax matters inspired me to strive for excellence in my own practice.

    2. Challenging Tax Cases: Throughout my career, I encountered several highly complex and challenging tax cases that required innovative solutions. These cases pushed me to expand my knowledge, research skills, and critical thinking abilities. Successfully resolving these intricate tax issues gave me a sense of accomplishment and reinforced my passion for tax law.

     3. Staying Current with Tax Law Changes: Tax law is a constantly evolving landscape, with frequent changes to regulations and tax codes. Staying up-to-date with these developments has been a significant challenge, but it is also crucial for providing accurate and effective advice to clients. My commitment to ongoing education and continuous learning has been instrumental in maintaining my expertise in this dynamic field.

     4. Cross-Border Taxation: As businesses increasingly operate on a global scale, cross-border taxation has become my prominent area of focus. Handling these matters exposed me to the complexities of dealing with multiple jurisdictions, trade agreements and varying compliance requirements. These experiences broadened my perspective and enriched my understanding of the global tax landscape.

    5. Advocacy and Tax Reform: Throughout my career, I have been involved in advocating for changes in tax laws and regulations to benefit taxpayers and improve fairness in the system. Engaging in discussions with policymakers, participating in tax reform initiatives, and contributing to public discourse on tax-related matters allowed me to see the potential impact of legal professionals in shaping tax policy.

     6. Sharing Knowledge: As my career advanced, I found joy in sharing my expertise with aspiring tax professionals and clients alike. Conducting seminars, writing articles, and participating in panel discussions not only helped disseminate knowledge but also encouraged me to continuously refine my understanding of tax law.

    Each of these pivotal moments and experiences has contributed to my passion for tax law and my commitment to provide top-notch legal counsel to my clients. The ever-changing and intellectually stimulating nature of this field, combined with the ability to make a tangible difference in the lives of individuals and businesses, continues to fuel my enthusiasm for the work I do as a tax attorney.

    As a Tax Partner at Economic Laws Practice, you focus on GST, customs & trade, providing strategic transaction advisory and policy counsel. Could you shed some light on the scope and significance of these areas in the business landscape?

    ELP first of all has been blessing, more of a home coming I would say! A lawyer at a law firm, my first!.  Businesses as well as economy are all fueled by tax and trade policies. Navigating the complexities of these areas is vital for businesses to ensure tax efficiency, regulatory compliance, and a competitive edge in the global market. As a Tax Partner at Economic Laws Practice, my role involves assisting businesses in harnessing the opportunities and overcoming the challenges presented by these dynamic aspects of the Indian economy.

    You’ve advised multinational and domestic companies on tax-efficient value chains in business. What are some key principles or strategies businesses should keep in mind when aiming for tax efficiency?

    When aiming for tax efficiency in their value chains, businesses should consider several key principles and strategies to optimize their tax positions while remaining compliant with applicable tax laws. Some important principles and strategies to keep in mind include (i) Proper Entity Structure; (ii) Interplay of Customs and Transfer Pricing Compliances; (iii) Tax Treaty & Trade Agreement Utilization; (iv) Location of Intellectual Property; (v) Business Object Mapping, the most Optimum structure may not work for all businesses in view of its objectives!; (vi) Use of Tax Incentives and Exemptions; (vii) Serious credits to documentation; (viii) Flexibility for ever changing policy landscape; etc

    Also, such assignments would often involve engaging with experienced advisors & consultants on different subject matters as well as jurisdictions. The learning from these experiences can always prove to be  valuable.

    For any budding lawyer, it is important to note that while pursuing tax efficiency is a legitimate business goal, businesses must ensure that their tax strategies comply with the law and are not driven solely by aggressive tax avoidance practices, which may be subject to scrutiny and potential legal consequences. Striking the right balance between tax efficiency and compliance is crucial for the long-term success and reputation of any business.

    Indirect tax legislations can be complex and vary across different industries. What are some common challenges you encounter while advising clients, and how do you overcome them?

    Advising clients on indirect or other tax legislations presents challenges due to complexities and variations across industries. Common hurdles include interpreting ambiguous laws, staying updated with changing tax regulations, addressing cross-border transactions, and managing compliance burdens. Overcoming these challenges involves continuous research, industry-specific expertise, collaboration with subject matter experts, cautious interpretation of laws, and developing cost-effective solutions. Communication with non-tax professionals aids in ensuring client understanding. Additionally, creating robust compliance frameworks, automating processes, and representing clients in disputes or litigation contribute to providing effective advisory services.

    Tax litigations can be high-profile and challenging. How do you approach such cases, and what advice would you give to companies facing potential tax disputes?

    Approaching high-profile tax litigations requires a thorough understanding of the specific tax laws, industry intricacies, and potential implications. My strategy involves conducting in-depth research, consulting past precedents, and collaborating with experts to build a strong case. For companies facing potential tax disputes, my advice is to stay proactive by maintaining meticulous records, complying with regulations, and seeking professional advice early on. Engaging experienced tax attorneys is crucial to navigate the complex legal landscape effectively. Open communication with tax authorities, willingness to resolve disputes amicably, and a focus on compliance can help mitigate risks and achieve favorable outcomes.

     As a part of Business World’s elite 40 Under 40 Club of Young Law Achievers and being recognized by The Legal 500 Asia-Pacific, what personal qualities or professional attributes do you believe have contributed to your success in the legal field?

    As a member of Business World’s distinguished 40 Under 40 Club of Young Law Achievers and having earned recognition from The Legal 500 Asia-Pacific, my success in the legal field can be attributed to several personal qualities and professional attributes. Continuous learning, a proactive approach in gathering facts to build strong business acumen, effective problem-solving skills, and a commitment to innovation are some of the key factors that have contributed to my achievements. Moreover, maintaining personal integrity and cultivating professional networks and relationships have played pivotal roles in fostering credibility and growth.

    Additionally, I must acknowledge the invaluable support and contribution of my exceptional team & mentors, whose dedication and professionalism have been crucial to my personal success. Their commitment to excellence during business hours and camaraderie during social gatherings have been truly inspiring and rewarding.

     Needless to add that by embodying these personal qualities and professional attributes, I have been able to make a positive impact in the legal field, earn recognition from industry peers, and achieve success in my career as a tax specialist.

    Apart from your legal career, you also engage in speaking at tax & regulatory conventions and write articles for leading publications. How do these activities complement your professional work, and what drives you to share your knowledge in this way?

    Engaging in speaking at tax and regulatory conventions and writing articles for leading publications complements my legal career by allowing me to share my knowledge and insights with a broader audience. These activities serve as platforms to disseminate complex legal concepts in a more accessible manner, contributing to the professional development of peers, clients, and the wider community. The drive to share knowledge stems from a passion for empowering others with valuable information, fostering a culture of continuous learning, and making a positive impact in the legal and business domains. It also reinforces my commitment to staying at the forefront of industry trends and best practices.

    Many fresh law graduates aspire to have a successful career like yours. What advice would you give to them as they begin their journey into the legal profession, particularly those interested in taxation and related fields?

    Certain non-negotiable attributes for any aspiring lawyer include a strong focus on continuous learning, an earnest pursuit of mentorship, a willingness to embrace technological advancements, the development of impeccable communication skills, an unwavering work ethic, perseverance in navigating challenging circumstances, and a receptive attitude towards exploring diverse opportunities. These foundational qualities form the bedrock for a successful and rewarding career in the legal profession, enabling growth, adaptability, and the ability to excel in an ever-evolving legal landscape.

    Get in touch with Adarsh Somani-

  • Fostering a collaborative and productive work environment is important for keeping the teams motivated, interested and invested in their work, take ownership of the work and contribute positively to the firm- Akshat Pande, Partner and Head-Corporate Practice at Fox & Mandal Solicitors and Advocates

    Fostering a collaborative and productive work environment is important for keeping the teams motivated, interested and invested in their work, take ownership of the work and contribute positively to the firm- Akshat Pande, Partner and Head-Corporate Practice at Fox & Mandal Solicitors and Advocates

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you share with us your journey and how you ended up pursuing a career in law? What inspired you to choose this path?

    After completing School, I chose to appear for CS and CA foundation exams. Since CS foundation results are released before CA foundation results, I qualified and got through CS, although I had appeared for CA foundation also and passed both of them. While studying for CS exams, I got keenly interested in law as a subject. My curiosity for law increased and I would often find myself dedicating hours to reading law books and cases. I found it extremely interesting and intellectually fulfilling and fell in love with law. After completion of CS, I enrolled myself for LLB with Delhi University. I am a first-generation lawyer in my family and I thank my stars to have landed in a profession that I like.  

    With over 18 years of experience in corporate and commercial law, you must have encountered various challenges and rewarding moments. Can you share one of your most memorable cases or experiences in your legal career so far?

    Quoting a single example from work is difficult as there have been many instances which were challenging in the beginning and rewarding when I got done with them. One of the most profoundly rewarding experiences in my career was setting up Alpha Partners in 2012. As a first-generation lawyer, my passion for creating something extraordinary from scratch fuelled my drive. However, it also presented an immense challenge—bootstrapping a startup law firm. From its inception until our merger with Fox & Mandal, I continuously grappled with the hurdle of elevating the firm to the next level, hiring talent, and enhancing practice verticals in the firm with new partners. For first-generation lawyers like me, to scale law firms to the next level without any avenues to raise finances to fund talent acquisition has been the biggest challenge. 

    As the Partner and Head of the Corporate Practice at Fox & Mandal, Delhi, you lead a team of more than 10 lawyers. What strategies do you employ to foster a collaborative and productive work environment within your team?

    Fostering a collaborative and productive work environment is important for keeping the teams motivated, interested and invested in their work, take ownership of the work and contribute positively to the firm. Few basic tenets like effective communication, clear goals, trust and collaboration, rewarding and recognising good work, encouraging learning and performance evaluation are most important and should be kept in mind by any team leader. 

    In order to instill the above in young associates, I follow Dr. House’s methods. Every assignment or transaction is discussed threadbare with the full team working on it in a 1-2 hour session so that no aspect is left out to be discussed. Such sessions are not a monologue by me but everyone is supposed to give their inputs and ask questions. Sometimes, these sessions happen in two sittings if something has to be researched and then discussed. At the end of the session, each member of the team is given a particular aspect of the assignment to complete but the team is supposed to coordinate amongst themselves and not work in silos, such as drafting is done by someone, research by others, compliances by third etc. Each one is also given a deadline also. The Senior Associate involved in the assignment is supposed to supervise and check on the work so that it is done in a timely manner. Once this delegation is over, I step aside and let the team work on the assignment. Thereafter before the deadline, an update meeting is done and questions if any are answered. Final review of the deliverables is done in a joint meeting of the team.  

    I am of the firm view that delegation is extremely important to make a strong team of good corporate lawyers. If the lawyers are not given room, they will never grow professionally and that will affect the overall efficiency and performance of the firm. It also enables them to work as a team and collaborate with each other rather than against each other. I also make sure that in every assignment, the roles of the team members are reversed so that no monotony sets in and each lawyer is getting trained in each aspect.            

    Your areas of expertise include private equity, venture capital, M&A, joint ventures, and more. Could you highlight a particularly complex or intricate deal you’ve been involved in and explain how you navigated its challenges?

    There are many such instances where deals were particularly complicated and required structuring to achieve efficiency and commercial feasibility. Typically exits become complicated, especially when it is a strategic buyout of the company through which exit is being given to investors. A lot of interests need to be balanced. Once such deal involved around 20 institutional and individual investors who were getting shares in the acquirer’s entity and the investors were sitting in an externalised holdco structure. In other M&A transactions, exits or JVs that I have handled, more than legal issues, it is the balancing of the interests of various stakeholders which requires delicate handling. Also, in case of cross border joint ventures, it is extremely important to understand cultural differences and business practices of the partners who are coming together to form the joint venture as most issues arise because things are handled differently by people from different countries and neither one is incorrect.   

    You have extensive experience in assisting multinational companies doing business in India and the UAE/MENA region. What are some unique legal considerations or cultural aspects that companies need to be mindful of when operating in these diverse jurisdictions?

    UAE is an extremely interesting jurisdiction. I have been working closely with UAE firms and clients and the experience has been extremely enriching. UAE is not very different from India culturally because of the historic cultural and business ties as well as the fact that both the jurisdictions have been influenced by the British common law system. UAE has modernised itself in its systems, processes and government dealings and there is a huge emphasis on use of technology in every aspect of governance and in general life. UAE is welcoming investors both at entity and individual level and has all necessary elements of a modern and business friendly country with congenial living standards. 

    In your experience, what are the key factors that contribute to a successful commercial transaction or project? How do you ensure that all parties involved are aligned and satisfied with the outcomes?

    As a lawyer, it is my job to protect my client’s interest to the best possible extent and so are the counsels of the other side. I believe that if all parties involved are adequately represented by lawyers, the alignment and balancing is more or less achieved. It is imperative for all types of clients to be adequately represented in this present day and age when contracts and compliances are getting more complicated and intricate. Corporate lawyers are not merely “punctuation correctors” but play an extremely important and strategic role in transactions and ensuring that clients are legally compliant, which collectively contributes to better corporate discipline, governance and makes our government’s job easier to govern.   

    With a background in advising clients across various sectors, such as healthcare, hospitality, e-commerce, and technology, how do you stay up-to-date with the latest industry trends and legal developments that may impact your clients?

    Read, read and read more. There is no replacement for reading for lawyers and there is no other secret sauce. If in today’s time and age someone says that “I didn’t know” about something, that means she/he has not made an effort to read about it because information is freely available everywhere and you cannot have an excuse that something was not out there. 

    Other than reading, one should also be connected with relevant stakeholders, in-house lawyers, chartered accountants, CS’s and more importantly lawyers from other law firms and keep exchanging ideas, information and must have discussions on legal issues. In fact, I believe that corporate lawyers should make legal discussions part of their social lives so that nothing is missed out. Information monopolies have been broken down by the internet and now is the era of sharing more and more information rather than keeping it with oneself. 

    Throughout your career, you’ve been involved in assisting government organizations with real estate and infrastructure projects. What are some of the challenges and rewards that come with working on projects of such scale and importance?

    Working on government projects presents unique challenges and rewards. While the commercial compensation for lawyers may sometimes be limited and/or delayed, the experience is truly exhilarating.

    Typically the real estate and infrastructure projects that we have undertaken are large scale projects involving multiple legal, commercial and strategic issues. The tussle between remaining fair and just which is a requirement for government instrumentalities and at the same time ensure that the projects are commercially successful for them is something which needs intricate balancing. Also, the commercial expectations of the government from a particular project needs to be balanced against market realities.   

    As a prominent figure in the legal industry, you were recognized in the Forbes Legal Powerlist as one of the top 100 individual lawyers in 2022. What does this recognition mean to you, and how do you continue to strive for excellence in your profession?

    Any recognition is a validation for one’s hard work and receiving such accolades is humbling. At the same time, I guess every day is a new day of learning and one should endeavour that each day is better than the previous one. 

    Considering your diverse background in law and business, what advice would you give to fresh law graduates who are just starting their legal careers? What skills or qualities do you believe are essential for success in today’s legal landscape?

    I have few tips which may be relevant for fresh graduates:

    1. It’s not a job, it’s a profession. So treat it likewise and train yourself for that;
    2. Read, read and read. If reading makes you tired, you are in the wrong place;
    3. Have a problem solving attitude. Not creating, not fixing, but solving a problem is what is required.
    4. Go for post-graduation only when you have identified a particular area or areas of law in which you are confident you can work for long term;
    5. Do not depend on anyone else’s version of research, not articles, blogs, not even chatGPT. Find your own answers to a problem and don’t stop till you do or understand it entirely. Read, discuss, read, repeat. 
    6. Be very clear about how much money you want from your employer/firm. There is no market standard and your peers or consultants don’t decide what you get, you do. Remember, working for less is more important than asking more and not working. 
    7. Become a generalist but grab one area of expertise or industry or niche practice area and try becoming best in that. Prioritise this over money or any other alternate career options.
    8. Don’t take it too seriously if things don’t work out. Its OK not to be the best.   

    Finally, looking back on your journey and achievements, is there any specific piece of advice or life lesson that has had a profound impact on you, personally or professionally, that you’d like to share with our audience?

    Someone once told me “Be sincere, not serious’ ‘. I guess that was the most useful advice I got which I have used in my life.  

    Get in touch with Akshat Pande-

  • I believe everyone should practice litigation for some year even if they eventually decide the pursue corporate law practice- Abhay Pratap Singh, Managing Partner at GnS Legal LLP and Advocate on Record at the Supreme Court of India

    I believe everyone should practice litigation for some year even if they eventually decide the pursue corporate law practice- Abhay Pratap Singh, Managing Partner at GnS Legal LLP and Advocate on Record at the Supreme Court of India

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us about your educational background and how you ended up pursuing a career in law with a specialization in Business Law?

    I have done my schooling from New Delhi then I joined NLU Jodhpur after clearing their entrance examination in 2007. That time there was no CLAT examination and each college had their own individual entrance exams. I decided to pursue Business Law Hons because at that time NLU Jodhpur was offering in unique degree of BBA.,LLB (Business Law) Hons which was not given by any other college and since I wanted to pursue commercial law/ commercial litigation, I proceeded with specialisation in Business Law.

    What inspired you to focus on corporate advisory, commercial disputes, and various areas of law such as legal metrology, and insolvency and bankruptcy law?

    My initial days after graduation led to focus on these areas. Immediately after graduation, I joined a law firm and was with a senior advocate who had a substantial amount of commercial litigation work. That acted as a base for my practice and thereafter, I was fortunate enough to get associated with Clients who required advisory services in Legal Metrology and IBC Laws.

    Could you share some highlights from your work experience over the past 10 years, particularly your involvement with the Supreme Court of India, Delhi High Court, and various tribunals?

    Every court has a different learning experience and in the past 10 years, I have worked on a variety of matters including some constitutional law matters, commercial litigations as well as niche areas of law. I believe everyone should practice litigation for some year even if they eventually decide the pursue corporate law practice. It is in the courts that you understand completely how clauses are interpreted and how the law (through judgments) is laid down. I believe any lawyer should experience such things before moving into specialisation. 

    As the Managing Partner of a full-service law firm, GnS Legal LLP, how do you manage the diverse range of legal services provided by your firm?

    I am fortunate enough to have had the opportunity to open a law firm with people who were my friends for a long time. Because of the ease and comfort, due to knowing each other for a long time, we have been able to divide the areas of law firm management. Each partner handles a particular aspect of managing the firm and for issues requiring the involvement of all partners, we generally make a consensus and operate accordingly. 

    What are some of the challenges you face in litigations at the Debt Recovery Tribunal and insolvency proceedings before the NCLT and NCALT?

    When IBC was introduced, NCLT and NCLAT were functioning really well and cases were getting adjudicated upon at a very fast pace. Unfortunately, now due to a number of factors including but not limited to limited benches, increase in number of case and specially interim applications and also no adherence to timelines prescribed under the IBC, NCLT and NCLAT have slowly become like DRT/ DRAT. Cases for pending since long with no final decision in slight. In one of my cases, CIRP was initiated in the year 2018, COC passed the resolution plan in April 2020, however, till date the case is pending before the LD. NCLT for hearing and approval of the plan. 

    As part of your practice, you advise clients on commercial transactions and fundraising strategies. What are some key considerations and legal aspects that clients should keep in mind in these areas?

    Everyone should realise that the cost of non compliance is much higher than cost incurred in legal compliance. Our country is moving towards highly regulated businesses and therefore, it is important for everyone to take proper legal advice wherever necessary. 

    Lastly, what advice would you give to fresh graduates who are considering a career in law, particularly in the areas of business law and corporate advisory?

    I would like to say, internships are very important both from a learning perspective as well as building early contacts in the professional world. One has to be patient irrespective of the practice they decide to pursue, be it a law firm or joining a litigation chamber. Young graduates should not be in a hurry to go independent, and I personally believe one should work at different offices/ firms/ chambers for atleast 6-7 years before going independent. This is important to make sure you have enough experience before directly advising the Clients. 

    In litigation, having a good mentor is very important and if you find a good mentor, make sure to spend a reasonable amount of time in their office.

    Get in touch with Abhay Pratap Singh-

  • Every matter brings deep learning and when you have the benefit of such tremendous experience around you, you must open yourself up to learning by osmosis- Sahil Kanuga, Co-Head, International Dispute Resolution & Investigations Practice at Nishith Desai Associates

    Every matter brings deep learning and when you have the benefit of such tremendous experience around you, you must open yourself up to learning by osmosis- Sahil Kanuga, Co-Head, International Dispute Resolution & Investigations Practice at Nishith Desai Associates

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Sir, Please tell us about your role as the co-head of the International Dispute Resolution & Investigations Practice at Nishith Desai Associates? What are your main responsibilities and areas of expertise within the firm?

    Thank you for reaching out. As co-head of the practice, I keep one eye on the development of the practice itself, which should always be aligned with the mission and vision of the firm, and the other eye on the day to day execution of client matters. This includes matters pertaining to cross-border disputes, internal investigations and, of late, matters pertaining to ESG advisory, especially in the domain of governance.

    As a firm of the future, we pride ourselves on identifying industries and practice areas where we feel issues on the planet as well as other countries intersect with India. The logic is that any new technology developed will have an intersect with law, the regulatory system and the tax system of India and consequently, we like to foresee the impact of such new technologies in India well ahead of time. This requires significant amount of time and effort being invested in researching how the introduction of these new technologies will intersect with the laws of India.     

    You have extensive experience in handling complex matters, including Indian and international arbitrations. Could you share a notable case or challenge you faced and how you approached it to achieve your clients’ goals?

    There are many such instances but the one case I think that stands out is where we, interestingly enough, advised the client NOT to file proceedings in India. We were advising a minority shareholder in a global business where a large portion of the business was generated in India, but the structure made it virtually impossible to initiate any proceedings in India.

    Consequently, we thought out of the box and developed a strategy to ensure that our client could prosecute proceedings initiated by him in various other jurisdictions globally using data obtained from the Indian entity i.e. from the board as well as shareholder level.

    The stakes were large enough to warrant a strategy that required patience and perseverance to play out, all without filing a single legal proceeding in India. Having said that, we were definitely doing global litigation management and working with the client’s legal team in various other jurisdictions to ensure that the commercial objectives were met. This case once again reminded us that today’s world is so small that what happens in one corner will have ramifications all over the place.     

    In addition to arbitration, you have advised on corporate and commercial laws, civil and constitutional matters, and criminal offenses. How do you approach these diverse areas of law and ensure that your legal strategies align with your clients’ business goals?

    In the world of dispute resolution, it is important to understand that arbitration is merely the process undertaken. But in addition to the commercial dispute that is on top, there may be underlying issues that may have implications under corporate law, criminal law or even constitutional law. You will have to know and apply these laws to the case at hand and see how best to further the commercial interests of the client.

    It is also important to spend enough time, listen to the client and understand how the dispute arose in the first place. Of late, we are seeing enough situations where initiating legal proceedings may not even be required. A formal mediation process is enough to help the warring parties bridge the gap. In most cases, a tempered and balanced approach may well suffice. In such cases, handling the client is even more critical. They should always know and be on board with the strategy that you are deploying.

    Investigations involving issues such as internal fraud, anti-corruption, anti-bribery, and data privacy are also part of your expertise. Can you share an example of an investigation you conducted and the potential ramifications it had under the FCPA or UKBA?

    The awareness about internal investigations in India has grown tremendously and it is good to see India Inc. developing policies and handling whistle-blower complainants in the right spirit. Having said that, we are all clear that there is still a long way to go.  Investigations are generally of two kinds. The first kind pertains to employee related infractions where it is more of a fact-finding enquiry and the consequent issues that arise. The second kind of investigation is one where the issues have regulatory implications.

    Laws such as the FCPA and the UKBA have extra territorial applicability and this means that an Indian subsidiary of a company incorporated in such a jurisdiction may well find itself on the wrong side of these laws. Some instance of an act taking place in India, where an errant employee has done something against the policies and training imparted, may well trigger a wide scale investigation and require self-disclosure to an authority somewhere else in the world. Compliance is critical. Should an issue arise, it becomes incumbent upon such companies to demonstrate the steps taken by them and remedial measures, if any, that are implemented.  

    You have been recognized as a Future Leader in the Who’s Who Legal Guide for Arbitration 2023 and have also received commendations for your track record in representing clients investigating improper conduct, whistle blowing, and other company law breaches. How do you maintain such high standards and ensure client satisfaction in your work?

    We are blessed with a wonderful work culture and excellent colleagues. I’ve also had the good fortune to work closely and learn from the best.

    Mr. Nishith Desai or Nishithbhai, as he is affectionately referred to by everyone, is a tremendous leader and encourages us is every possible way. He challenges our thinking and never hesitates to incorporate his international experience to develop best practices and next practices in the Indian context. Similarly, Vyapak Desai, Gowree Gokhale, Vikram Shroff are all rock stars in their own right. In addition, I’ve had the good fortune to work closely with global stalwarts like Zia Mody, Rajendra Barot and Shuva Mandal. When you have the opportunity to work with such legal luminaries, every moment is nothing short of a tremendous learning curve.  

    Every matter brings deep learning and when you have the benefit of such tremendous experience around you, you must open yourself up to learning by osmosis.  

    As part of the Asia Advisory Committee of the American Arbitration Association-International Center for Dispute Resolution, what is your role, and how does it contribute to your professional development and the field of international arbitration?

    The legal profession is one which has given us a lot. where you must always look for ways to give back to the community. As dispute resolution practitioners at heart, we see that the courts are tremendously overburdened and need support through effective alternative dispute resolution mechanisms. Institutional arbitration is one such mechanism. It has the capability to help us resolve disputes effectively and rebuild the confidence to do business in India for global companies and investors. At the AAA-ICDR, the role is in an advisory capacity and geared towards understanding and growing the ecosystem of institutional arbitration for India. I find that serving on such committees allows us to participate, in some small yet meaningful way, in creating this infrastructure and option for building effective ADR mechanisms.       

    You have spoken at domestic and international conferences and conducted training sessions for in-house legal teams. Could you share a topic or experience from one of these speaking engagements that you found particularly impactful or rewarding?

    Sahil: Rome wasn’t built in a day. Similarly, bringing about change in the legal profession by impacting its practitioners is an ongoing process. We must always encourage experience-sharing since this is the best way for the newer generations to learn. This is not new; even we learnt from the experiences shared by our seniors. These continue to guide us at each step of the way. Infact, speaking at conferences and training sessions is as beneficial to me as it is to the attendees. I find it particularly rewarding when some individual somewhere writes to me on LinkedIn or some other social media and reflects on a particular point that they learnt from our discussion, which they felt was useful to them somewhere. When that happens, you know you are making a positive difference.   

    Could you share any insights or observations regarding the changing landscape of business regulations in India or any significant trends you’ve noticed in international dispute resolution and investigations?

    While India is doing very well on the global stage, there is a clear need to invest in the infrastructure of the judiciary as well as the procedural statutes that govern us. Enough has been said about how the judiciary is woefully understaffed for a country of our population but we must also pay attention to the fact that it is even the pay scales that are required to be improved. On the other hand, while we have the Commercial Courts Act since 2015, the fact is that it has not been implemented as envisaged. Even the Arbitration & Conciliation Act 1996 has gone through several amendments, some of which were arguably not even required. We’ve got some of the best legal minds on the planet in our midst; we just need to get them into a room and pick their mind on how the ecosystem needs to change quickly.  

    Lastly, With your expertise and experience, what advice would you give to fresh graduates who are considering a career in law? What skills or qualities should they focus on developing to succeed in this field?

    Play the long game. I know we live in the world of immediate gratification, but the legal profession is one where the long game is the one where maximum knowledge, impact and wealth is created. I’d break it up into spending the student years getting maximum internships or paralegalships so as to maximize the experience quotient. Once a student graduates, a 2-3 year investment in themselves exploring different practice areas is becoming necessary. This will ensure that the appropriate career path is chosen and an individual, over a period of time, remains happy with their choice. Another key aspect is to be agile. The world is changing quickly and certain skillsets may very well become obsolete overnight. But experience is what one always holds in good stead. Its important to be agile in one’s career choices.    

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