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  • Personally, as a senior lawyer at the firm, I feel a great sense of responsibility towards training and mentoring younger lawyers- Akshay Sachthey, Associate Partner, Phoenix Legal

    Personally, as a senior lawyer at the firm, I feel a great sense of responsibility towards training and mentoring younger lawyers- Akshay Sachthey, Associate Partner, Phoenix Legal

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

    To start the conversation, please tell us about your decision to pursue law. You graduated with an Honours in Economics. What made you choose the legal profession?

    Pursuing law was somewhat of a passive decision. My grandfather and uncle were both Senior Advocates of the Supreme Court. Although I did not have much first-hand exposure to the profession with them, given that law runs in the family, it was always in the mix for me. So when I completed my Economics degree and was considering my next move, naturally, law was one of the options. My father nudged me to enrol at the Faculty of Law at Delhi University and that was that.   

    What drew you to corporate law instead of litigation?

    I did intern with a few litigation chambers but most of my time was spent with corporate firms, the longest stint being at Phoenix Legal. I was instantly drawn to the extremely professional set up of the firm and the finesse and sophistication with which the firm’s lawyers were able to advise businesses. I was also fascinated by how corporate law allows you to have an insight into the entire workings of a business. A corporate lawyer plays a key role in advising a business through its entire life cycle – from setting up, operationalizing and carrying on day-to-day activities to shutting shop.

    You have been with Phoenix Legal since you started practising and have risen up the ranks at the Firm. You have also earned accolades from global ranking agencies. According to you, what does it take to make a successful corporate lawyer?

    I have been rather fortunate, having had the right guidance, exposure and support from my colleagues and clients and I think these factors go a long way in shaping the career of a young  lawyer. Having said that, the usual ingredients of hard work, focus and dedication are pre-requisites in our professional without a doubt. Clients expect their lawyers to be professional, responsible and reliable. The journey can be a grueling one and so it is important to hold on to something that keeps you driven and motivated. This could be anything – a knack for problem solving, a competitive streak or something else.

    How important is it for young lawyers to have a mentor to guide them and look up to?

    Extremely. I have been privileged to have been surrounded by accomplished and well-rounded professionals from the start of my career and have drawn guidance and inspiration from them. So personally, I feel a great sense of responsibility towards training and mentoring younger lawyers. In my view, this is key to building a strong ecosystem and a successful corporate practice. A young lawyer’s formative years can be gruelling and it is important for them to have the right guidance. I believe it is also important for leaders and senior lawyers to build an EQ. Something that is surprisingly uncommon in our profession.

    You have diverse experience in different areas of corporate laws. What are your thoughts on the generalist vs. specialist debate?

    Given the pace at which the legal and regulatory environment is evolving in our country, the specialist lawyer undeniably has relevance today. But for me personally, being a generalist has been what I enjoy most about my practice and I’ve been fortunate enough to have had that exposure from ground zero. From advising on an M&A deal one day to dealing with a tax or regulatory proceeding the next, it keeps me on my toes. I am constantly exposed to new areas and issues of law which I feel has given me a well-rounded perspective. I feel that clients do see value in a professional who is able to provide a holistic take on a business problem.

    What do you find most rewarding about your work?

    The satisfaction that comes with resolving a business problem for a client. This could involve something as big as achieving a successful outcome in an M&A transaction or legal proceeding or something as small as providing a clear response to a client’s query.


    Where do you think the practice of corporate and commercial law is headed in the years to come? How do you see things evolving?

    I think legal as a function is being viewed more and more by businesses as a business-enabler rather than a cost centre. There is a flurry of regulatory activity across the country and businesses are more compliance conscious than ever before. In-house legal teams have grown in size and are increasingly active. AI and legal tech already has heads turning and will undeniably make an impact. At a macro level, I feel that a lot of the inefficiency that exists in the system will be weeded out. My sense is that clients and businesses will tend to look more for strategic and high-level advice and corporate advisory as a practice will grow. This brings a big smile to the face of a corporate advisory lawyer like me.

    As a corporate lawyer in private practice, you must have a busy schedule. Please tell us how you maintain a work life balance. 

    That’s simple – I don’t ! But on a serious note, ‘pockets of time’ has been my mantra. You will often hear me throwing around this term with a younger lot of lawyers. As corporate lawyers, we are constantly struggling to find the right balance. I feel that both during the busy phases and lighter ones, it is important to find and utilize those pockets of time, however fleeting they may be, to recharge. What works best for me is listening to music, playing the guitar, taking time out for a run or spending time with my family. With a bit of planning, efficiency and a supportive team, this is achievable in most situations.

    Finally, what advice do you have for our audience of young lawyers eager to make careers in corporate law?

    Take ownership of your work. Deal with every task as if you alone are responsible for it. Think like a Partner from day one. This is one the best pieces of advice I’ve received. My own two bits you ask? Work hard but also work smart. You will deal with a variety of clients and colleagues and different things will make them tick. Be adaptable and perceptive.

    Get in touch with Akshay Sachthey-

  • Since a patent is generally applied for an invention which is novel and inventive in nature, it is very important for a patent lawyer to be well-versed with technology-Chinthan Japhet, Associate Partner- Intellectual Property, Krishnamurthy & co. (K Law)

    Since a patent is generally applied for an invention which is novel and inventive in nature, it is very important for a patent lawyer to be well-versed with technology-Chinthan Japhet, Associate Partner- Intellectual Property, Krishnamurthy & co. (K Law)

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

    To start this conversation, please tell us about how you ended up pursuing law after pursuing B. Tech. What made you switch your profession from an engineer to a lawyer?

    Indian families continue to express an undue preference for careers in engineering and medicine, to the exclusion of all else. Fortunately, for me, I had a natural inclination towards the sciences and technology and did not in the least bit mind the push towards engineering. However, the decision to then forsake a reputed job in engineering for something as alien as patent law is not something that went down very easily with my family. After a prolonged debate with them, I was able to convince them that their ideas of law and its potential for social change and empowerment influenced me considerably. And that the best way for me to marry my interest in law with engineering was through patent law, a rather specialized field of law that was gaining prominence in India. I consider myself blessed to have found my niche so early in life without much experimentation.

    What was your motivation behind pursuing LLM with a specialization in IPR from USA?

    After having gained sufficient work experience on Indian patent law by working in a reputed IP boutique law firm in Mumbai, I wanted to increase my range of knowledge on patent law of other jurisdictions as well. U.S.A was my first option , since I was intrigued with the advanced patent law system there. It is also very important for a patent lawyer to have knowledge of the patent practice across various jurisdictions. As an example, an Indian patent lawyer is required to be abreast with patent practices across jurisdictions such as the US, Europe, Japan, etc, since a lot of Indian tech companies have international presence in these jurisdictions. In order to gain a competitive advantage in these markets, it is essential for these Indian tech companies to obtain patent protection therein. Taking into consideration these aspects, I decided to pursue an LLM with specialization in IPR from Illinois College of Law, US which specifically caters to candidates interested in pursuing a career in patent law.

    Could you tell our audience about the article which you wrote on “Software Patents -An Indian Perspective”?

    The above-mentioned article discusses the patent protection for software related inventions in India. At present, since software is the core of most of the technological innovations, is considered to be the driving force with respect to current developments across sectors such as automobile, healthcare, manufacturing, networking, telecom, etc. In addition, software programs have helped in developing cutting edge technologies, such as artificial intelligence, machine learning, Internet of Things (IOT), blockchain and cognitive computing. Since there is a lot of confusion around patenting software related inventions in India, we have summarized our observations on the same based on Indian case laws and the practice followed by the Indian patent office.

    Could you please elucidate your role as an Associate Partner with Krishnamurthy & Co (K Law)?

    I head the patent and design practice at K Law. Since our firm is a full-service law firm, other than the core patent and design practice, such as-prosecution, analytics and litigation, we also advise clients on IP aspects in relation to M&A, private equity and venture capital transactions.

    What hardships did you face during the initial days of your career and how did you overcome them? 

    During my initial days in the patent field, learning the art of patent drafting took some time, as there are no specific formats for drafting a patent application. Each patent lawyer will have a specific style of drafting patent applications. Therefore, to inculcate a specific style of patent drafting, which legally would be acceptable was a challenge. I overcame this challenge by going through numerous granted patent applications in India and other jurisdictions, to develop a specific style of drafting for various arts, such as electronics/electrical, mechanical and software related inventions.  

    What qualities do you think a good Patent Lawyer must possess?

    Inventors consider an invention as their own baby, since a lot of time and effort would have gone into developing the same. In this regard, a good patent lawyer must possess the following qualities in order to facilitate the inventor in monetizing the patent:

    Well-versed with the latest technology: Since a patent is generally applied for an invention which is novel and inventive in nature, it is very important for a patent lawyer to be well-versed with the cutting-edge technology.

    Language: Each term drafted in a patent application may be interpreted in different ways, hence clarity and succintness of language used in a patent application would be essential in ensuring patent protection for the inventor.

    Creativity: Patent lawyers have to be creative as the inventors they work with. For example, check with the inventors whether there are any alternative ways of protecting the technology, how a competitor may try to circumvent the patent, any other interpretation to the drafted patent application and emphasize on the problem that the inventor is trying to solve with the invention.

    Business acumen: A patent lawyer’s responsibility in addition to facilitating in ensuring patent protection for the invention is to enable the patent owner to monetize the patent. Therefore, apart from the technology, the patent lawyer should be aware of the competitors, market for the patented product, jurisdictions, where the patented product may be sold, etc. Basis which, the patent lawyer should develop a strategy in order to ensure the client uses patent as a tool in order to gain a competitive edge in the market and monetize the patent.

    Lastly, please tell us what keeps you motivated.

    Inventions whether just an improvement or a breakthrough cutting edge technology, make the world a better place. As a patent lawyer, we are privileged for having helped the inventors deploy the invention to the public. This is what keeps me motivated.

    Get in touch with Chinthan Japhet

  • I’ve always been fascinated by the legal profession and the way it shapes society- Marinos Cleanthous, IP Attorney (EU) – Founder of IP CYPRUS – Appointed Member by the Cyprus Government of the Cyprus IP Committee

    I’ve always been fascinated by the legal profession and the way it shapes society- Marinos Cleanthous, IP Attorney (EU) – Founder of IP CYPRUS – Appointed Member by the Cyprus Government of the Cyprus IP Committee

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

    Sir, can you share with our readers what specifically inspired you to take up a career in law? How did you drill down among various fields of law and chose IP as your area of expertise?

    I’ve always been fascinated by the legal profession and the way it shapes society. What drew me to law specifically was the opportunity to help people and make a positive impact in their lives. I was initially attracted to the idea of becoming a litigator, but as I learned more about the different areas of law, I became particularly interested in intellectual property (IP).

    I found IP to be a compelling area of law because it involves the protection and enforcement of intangible assets like ideas, inventions, and creative works. As someone who has always been interested in technology and innovation, IP law presented an opportunity to work with cutting-edge companies and help them safeguard their intellectual property rights.

    To drill down further and choose IP as my area of expertise, I began researching and speaking with professionals in the field. I was particularly drawn to the complexity of the subject matter and the constant evolution of technology and the law. It’s a field that requires a deep understanding of both legal principles and scientific concepts, which appealed to my analytical and problem-solving skills.

    Overall, I believe that a career in IP law is incredibly rewarding and allows me to combine my passion for technology with my desire to help others.

    What steps did you take when you were back at law school to become the successful IP attorney, you are now? Tell you us briefly about your career path.

    When I was in law school, I focused on courses that were relevant to IP law, such as patents, trademarks, copyrights, and trade secrets. I also sought out internships and clerkships with law firms that specialized in IP law to gain practical experience and exposure to the field.

    After graduation, I joined a law firm as an associate and worked on a wide range of IP matters, including EU and Cyprus trademark and designs cases. I learned a great deal from my colleagues and gained valuable experience in managing client relationships and  drafting legal documents.

    Over time, I developed a reputation in the IP community and began to receive more complex and high-profile cases. As my career progressed, I also became involved in teaching and mentoring younger attorneys interested in IP law. I have lectured at Nicosia University Law School and industry events, and have served as a mentor to several young lawyers starting their careers in this field.

    Looking back, I believe that if you want to be a successful  IP attorney you need to combine hard work, dedication, and a willingness to learn and grow. I never stopped seeking out new challenges or opportunities to expand my knowledge and skills.

    How important do you think IP strategizing is for start-up companies? Most start-ups are not high on investments, therefore what are must-dos for start-up companies from an IP perspective?

    Intellectual Property (IP) strategizing is crucial for start-up companies, regardless of their size and investment capacity. Protecting their ideas, inventions, and brand is essential for their long-term success and competitiveness in the market.

    Here are some must-dos for start-up companies from an IP perspective:

    Conduct a thorough IP search: Before starting any IP filings, it is important to conduct a thorough search to ensure that your idea/invention/brand is not already patented or trademarked. This will help you avoid any potential infringement issues and unnecessary expenses.

    File for patents and trademarks: Once you have established that your idea/invention/brand is unique, it is important to file for patents and trademarks to protect your IP. This will help prevent others from copying, using or selling your invention/brand without your permission.

    Draft non-disclosure agreements (NDAs): NDAs can protect your confidential information and prevent others from stealing or copying your idea/invention/brand. It is important to ensure that anyone you share your idea/invention/brand with signs an NDA before doing so.

    Build an IP portfolio: As your start-up grows, it is important to continue to build your IP portfolio. This will not only help protect your existing IP but also enable you to develop and protect new ideas/inventions/brands as your business evolves.

    Monitor your competitors: It is important to monitor your competitors to ensure that they are not infringing on your IP rights. If you suspect infringement, it is important to take prompt action to protect your IP.

    In conclusion, IP strategizing is a critical component of any start-up company’s success. By taking the necessary steps to protect their ideas, inventions, and brands, start-ups can increase their chances of long-term success in the market.

    Sir, despite your busy schedule as an IP attorney, you are an eminent multi-tasker. You have been listed as the “leading individual” in the field of IP law in Cyprus (LEGAL 500) and you have also acted as the Intellectual Property and Creativity Mentor in many Cypriot Institutions. Can you tell our readers how to go a mile ahead and contribute to the legal fraternity?

    Thank you for your kind words. Indeed, as an IP attorney, I have been fortunate to be recognized as a leading individual in the field of IP law in Cyprus. And I am also grateful for the opportunities I have had to serve as an Intellectual Property and Creativity Mentor in various Cypriot institutions.

    When it comes to contributing to the legal fraternity, my advice would be to focus on two key areas: expertise and community involvement.

    Firstly, it is essential to strive for excellence in your area of expertise. This means investing time and effort to develop a deep understanding of the law and its practical application. It also means staying up-to-date with the latest developments in your field, such as new legislation, case law, and industry trends.

    Secondly, it is equally important to be involved in your local legal community. This can involve participating in professional organizations, attending conferences and seminars, and volunteering your time and expertise to support legal aid programs and other initiatives that benefit the wider community.

    By combining these two areas, you can not only advance your own career but also make a meaningful contribution to the legal fraternity. I believe that we all have a responsibility to use our skills and expertise to give back to society and help build a better future for all.

    You are a member of several active Intellectual Property Organizations, like INTA (International Trademark Association), PTMG (Pharmaceutical Trademarks Group), AIPPI (International Association for the Protection of Intellectual Property), and Silicon Valley IP Law Association. How do you think active participation in these forums helps IP professionals to enhance their careers?

    Active participation in those Organizations can be incredibly beneficial for IP professionals in many ways. Here are a few reasons why:

    Professional Development: These organizations offer numerous opportunities for IP professionals to enhance their knowledge and skills through various workshops, seminars, conferences, and training programs. Such events provide insights into the latest developments and trends in IP law, which can help professionals stay up-to-date with the ever-changing legal landscape.

    Networking: Participating in these forums offers a great opportunity for IP professionals to network with peers, clients, and experts in their respective fields. Such connections can lead to potential business opportunities, new clients, and even job offers.

    Exposure: By participating in these organizations, IP professionals can gain exposure to the international community, which can help expand their reach and potentially lead to global opportunities.

    Professional Recognition: Active participation in such organizations can help IP professionals establish themselves as thought leaders in their respective fields. By sharing their expertise and contributing to discussions, they can gain recognition and respect from their peers and potential clients.

    Access to Resources: These organizations offer access to a vast range of resources like legal databases, research papers, and other tools that can help professionals stay informed and efficient

    Sir, in your opinion, how do you think AI like ChatGpt would impact one’s IP rights?

    AI is increasingly being used in various industries to improve productivity, efficiency, and accuracy. While AI can undoubtedly contribute to innovation, there is also a concern that it may lead to a potential lack of creativity. For example, AI-generated content may lack the nuance and uniqueness that human-generated content can bring.

    Regarding IP rights, AI-generated content and inventions can still be protected under current patent, trademark, and copyright laws. However, the question of who owns the IP rights for AI-generated works can be more complex. Typically, the person or entity who creates the AI or employs the AI would hold the IP rights. However, there are situations where AI may generate an invention without human intervention, and in those cases, the AI may be considered the inventor.

    Despite the potential challenges, AI has the potential to create new patents and IP rights that were not previously possible. For example, AI algorithms can identify patterns and correlations that humans may not recognize, leading to new inventions and innovations.

    In conclusion, the impact of AI on IP rights is a complex issue that will require ongoing attention and analysis as AI continues to advance. Nonetheless, it is clear that AI has the potential to both enhance and disrupt the current IP landscape.

    Sir, what would be your advice for young law graduates who intend to set their career in IP Practice?

    Firstly, I would suggest that you keep yourself updated on the latest technological advancements as technology plays a crucial role in IP practice. With the rise of Artificial Intelligence, Blockchain, and other emerging technologies, it is essential to stay up-to-date with the latest developments in these areas. This knowledge will help you better understand the legal and practical aspects of IP protection and enforcement.

    Secondly, networking is crucial for building a successful career in IP practice. Attend conferences, seminars, and workshops to connect with other professionals in the field. Build a professional network, seek out mentors, and engage in discussions with experts to stay updated on the latest industry trends and legal developments.

      Get in touch with Marinos Cleanthous-

  • Commercial law can be very interesting. Everything depends on the lenses through which one views the world!- Neela Badami, Partner at Samvad Partners

    Commercial law can be very interesting. Everything depends on the lenses through which one views the world!- Neela Badami, Partner at Samvad Partners

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

    Ma’am, we would like to know about your motivation to pursue law.

    I have always loved working with words and with people. I also thought I was good at problem solving. I love books and felt that would help in a career where I imagined the ability to be comfortable with processing large volumes of text was a plus point. I felt the law would give me the forum to marry all the things I enjoy doing.

    Was it your aim to become a gold medalist or it just happened?

    I think that gold medal was scored in a course which was taught very well, and that I enjoyed. A good teacher can make the driest subject matter interesting and bring alive its human dimensions. Since my interest was kindled, I had fun studying the subject. Then the gold medal ‘just happened.’

    Please elucidate about your experience of pursuing LLM from the University of Michigan Law School.

    One of the best decisions of my life, I think. I chose Michigan for a few reasons.

    One, I wanted the experience of living and studying in a small university town (Ann Arbor, in this case).

    Two, the small class size appealed to me. In the LL.M class, we really got to know each other as a group of lawyers from all over the world of all ages, with varied experiences and backgrounds.

    Three, the quality of the faculty and the brilliant mix of courses on offer.  

    I was looking to study both international law and commercial / corporate law, and I had the best of both experiences at Michigan Law. I took corporate law courses with Prof. Vikramaditya S Khanna, and also worked as a research assistant with him. I enjoyed the experience immensely and learnt a lot, including how to think about patterns and connections between law and business; as well as how to ideate projects and test hypotheses that need to be based on vast amounts of data.

    On the public international law side, I attended a course taught by ICJ judge Bruno Simma, called Leading Cases in International Law.

    I also did a handful of shorter courses for sheer joy. ‘Law and Popular Literature’ was a mini-seminar which met once a month over dinner at the home of Professor Gil Seinfeld. Given my love for books, and talking about them over good food and in congenial company, I thoroughly enjoyed this. (For book lovers, here are some of the titles we read: The Nine by Jeffrey Toobin, A Civil Action by Jonathan Harr, Scott Turow’s One-L, A Trial by Jury by Professor Graham Burnett, and In the Shadow of the Law, by Professor Kim Roosevelt). Similarly, the Uncensored History of International Law, taught by Dino Kritsiotis and the late Brian Simpson, was a fascinating course where we did a variety of readings that I remember to this day.

    What did it take to get the opportunity to work as a Law Clerk at the International Criminal Court?

    Serendipity. In 2004, the problem theme in the Philip C Jessup International Law Moot Court Competition was ‘The Case Concerning the International Criminal Court.’ My teammates and I spent close to six months researching and writing up our memorials, taking part in the India qualifying rounds and so on. We were the first team from NALSAR University of Law to make it to the World Finals in Washington DC, so by the time we were done, we knew quite a bit about the ICC. Hence it was quite natural to put in a convincing application for a clerkship. The time I spent in the Hague at the ICC was an incredible learning experience in a multi-cultural, multi-ethnic, multi-lingual environment. The professional bonds forged there were special.

    How did you end up in the commercial area of law? 

    Commercial law can be very interesting. Everything depends on the lenses through which one views the world!

    I have always had varied interests. I think it helps for a lawyer to have a broad vision of the world. After my ICC clerkship I had worked in the Capital Markets team at Amarchand Mangaldas, Mumbai (now CAM), before I went for my LL.M at Michigan. It was a whirlwind of a time since the capital markets were ‘booming’ in 2006-07 and everyone wanted to go public. It was a great learning experience for a young lawyer to be plunged from the get-go into the middle of hectic transactions and timelines. I learnt how to think on my feet, how to process information coming at me from all sides in different forms, and how to handle the variety of stakeholders involved in a public issue (promoters, C-suite folks, investment bankers, lawyers both Indian and foreign, auditors). At large all-party meetings or ‘drafting sessions,’ sometimes I would be the only woman at the table. I think the gender ratios are much better today.

    Going public brings it with a great deal of excitement for companies and it was pleasant to be a very small part of that. As capital markets lawyers we would mark-up advertisements to ensure compliance with the law before issuer companies could plaster them on billboards. I remember how tickled I would feel that a piece of paper I had marked up with a red pen would be magnified 100 times over and splashed on hoardings I’d drive under on Marine Drive.  

    What qualities do you think an M&A Lawyer must possess?

    No two M&A transactions are exactly alike, so I would say the skill to understand first principles thoroughly and then be able to apply them in any context is key. Knowing the basics is crucial to structuring deals in compliance with the law. For new and young lawyers, there is no substitute to reading the Indian Contract Act, the Companies Act, the FEMA and Regulations/Rules made thereunder end to end. Once that is done, understanding the documentation involved in an M&A transaction, why certain clauses are written the way they are written, what is the overall structure of the document, what is its internal logic and coherence, the commercial imperatives behind clauses – all these are very important. The best M&A lawyers understand not just the law and documentation but have excellent project and people management skills as well. Transaction management is both an art and a science and M&A lawyers must wear this hat too in an M&A deal.  

    Please tell us more about your experience in the sectors of fintech, e-commerce and IT.

    At Samvad Partners, I work a lot with startups, corporates, and venture capital and private equity funds. I have been based in the Bangalore office since 2009, so we have been very much a part of the Indian startup growth story. We can only be effective advisors when we understand the business of the client and the counterparties deeply, as well as the regulatory and policy landscape. I think as a firm, we have come to develop expertise in these sectors (amongst others) as we always try to understand the business as well as the technologies of our clients and take a holistic approach.

    IT is a very broad term – I think most of my work has a tech angle to it in some way or the other. A lot of the work I do for our VC/PE clients involves their investments in tech companies, so we really need to understand the business of the target company in order to do an effective due diligence. This can be very exciting since we have to keep pace with rapid changes in technology; the law can be slow to catch up. For example, we recently examined the business of a global company operating in the Web3 space, that wanted to issue tokens instead of shares. Data protection and privacy is another space that we see quite active at the moment.  

    On the fintech side, we have been advising companies on a variety of new business models, including in the space of decentralized finance. We help our fintech clients structure their businesses in a legally compliant manner; as they need to be mindful of increased regulatory oversight.

    E-commerce continues to be an exciting space, as consumers we are thoroughly spoilt for choice! Our work here is similar to what we do for our other clients, helping them with compliance in different areas of law – foreign exchange management, company law, consumer protection, legal metrology, food safety and standards, and so on.

    The last question to you is what advice you would give to our audience who are looking forward to work in The areas of e-commerce, IT law and M&A? 

    It is difficult to say do XYZ to become an expert in these fields. At the end of the day, basics have to be strong because you will need your basics of contract law and company law to stand you in good stead in all of these fields. The other foundation you will need for all these fields is an understanding of the foreign exchange management regime. After the basics comes learning through experience, and reading up on sector-specific law and delegated legislation. Delegated legislation can be a maze. A good practitioner has an understanding of the overall picture and how to navigate the maze.  

    Over time, I have found that one typically does one’s best work when one enjoys what one is doing. So, I’d say, take the time to figure out what area of law you enjoy. Use your internships well to get a sense of the different options available. The same thing needn’t work for everyone. If there is a particular area of work you enjoy, go all-out with it. Read and learn deeply, not just the law/regulation, but white papers put out by regulators and think tanks, similar activity in other jurisdictions – be creative, think laterally, connect the dots in ways that people may not yet have thought of. Use your creative energies to their utmost. Stay abreast with the trends. Don’t expect someone else to make you an expert in the field, take the responsibility to make yourself the expert. Start writing and putting your work out there. Connect with the people in the field you’re interested in, who are doing similar work. Breathe it and live it until you achieve it. (Then, just re-double your efforts! )

    Get in touch with Neela Badami-

  • Over the years, access to justice has seen a sea change- Ankit Swarup, Advocate-on-Record

    Over the years, access to justice has seen a sea change- Ankit Swarup, Advocate-on-Record

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

    To start the conversation, please tell us how you ended up pursuing law. 

    Even as a child, the legal field excited me, though at the same time I could see the uphill battle that it is. My father being a practising advocate, I had seen his long hours of reading and his associates staying in the office till late hours doing drafting. However, when he would share stories of the day of interesting courtroom experiences at dinner time, those discussions would have me hooked for hours. My interest in the field started developing and I started wondering if I could pursue law as a career. I enrolled myself for law entrance coaching for 2 month – crash course, gave my entrance exams, cleared it and joined NALSAR in 2004.

    Please tell us how our judicial system has evolved over the years. 

    During my internship days, the physical access to courts was more. Interns could witness the Supreme Court proceedings and learn. Further, the clients/ litigants did not have to go through such lengthy procedures to obtain court pass. None of the advocates needed a proximity card but of course, this had to be balanced with rising security concerns. Virtual hearings today, are balancing as well as playing their part in increasing efficiency and transparency in court proceedings. It took some efforts to overcome infrastructural and connection issues but it was handled well. Supreme Court has also introduced judgments in vernacular languages to make judgments accessible to more and more people. Recently, the Constitutional Bench of the Supreme Court began live streaming of its hearings which gives an opportunity to law students as well as citizens to virtually observe the approach that the Apex Court is adopting. Efforts by the Supreme Court for e-filing and soft petitions have been environment conscious steps. Over the years, access to justice has seen a sea change.

    When it comes to the pendency of cases, the Supreme Court, by making some procedural changes to disposal of cases, took the bull by its horns. The common man has its hope resting on the judiciary. The court has attempted to reign the contents and limits of PIL in order to avoid frivolous PILs. Further the Supreme Court has been giving many landmark judgments such as lifting of the ban on women’s entry to Sabarimala temple, Section 377 IPC decriminalization; recognizing individual rights thereby ushering an era of social transformation. However, judiciary should also take steps to achieve greater transparency and providing access to justice and to maintain the independence of the judiciary.

    Given a very busy schedule, please tell us about how do you maintain a work life balance. 

    This profession is invariably demanding. Running from one court to the other, endlessly waiting for the matters, research, drafting and client dealings starting mostly in the third quarter of the day, every day brings its own challenges which takes up most of your time.

    I believe that a fit body is key to an active mind, which is the greatest asset of a lawyer. Apart from law, I love spending time with my family and my dog or watching sports and I try to ensure that I take an hour or so out to do these things every day. It helps me start the day with full enthusiasm. Also, I love to travel both within and outside the country. Take frequent breaks, relax, rejuvenate and re-energize to be back at work or else stress could burn you out.  

    What skills do you think one must possess in order to draft effectively? 

    Drafting is very important in a case, it is a winner or a buster.

    Firstly, one has to develop the skill of reading the case papers in depth in order to have every detail needed to draft and marshall the facts. Secondly, proper research of the law and applicable case laws. Thirdly, have a structure including a sequence of happenings and not being repetitive, keeping it crisp, to the point and use of unambiguous language. Lastly, we have to keep in mind the prayer that we are going to make even at the time of drafting the pleadings.

    We would like to know about that one case you will always remember. 

    This is a difficult one. Law is dynamic, and every case brings with itself a whole new gamut of challenges, and with that comes new possibilities. I remember this case where a higher judiciary officer’s promotion and annual grading were in question. The opposite counsel was certain of his win (as he was usually winning these cases representing the high court), and overlooked placing some vital documents before the court, and that went in our favour. From this I learnt that no matter where you are in your career, how cast iron your case is, one should never be over-confidant.

    Please tell us about the struggles you face during your initial years of practice and how has it changed for you now?

    I had taken the plunge of becoming a litigator, and it is tough. Waiting for clients, long hours of research in the Supreme Court library, filing of matters without the help of any clerk. I worked hard to meet the clients’ expectations and make a mark with my arguments on points of law. But the most difficult task was to make the clients pay the fees, obviously.

    As years go by, you mature into a wiser, more informed counsel, the clients rely on you and so does the court. Being an AOR also contributes in establishing your name as a regular practitioner.

    How far does being a fair counsel take you?

    It is very important to be fair to the opposite side and not to try to mislead the court. Concealment of facts that are prejudicial to your client will not benefit anybody. Maintaining your integrity is imperative. The judges should have absolute faith in the assistance provided by the counsel. That a goes a long way in establishing your practice. In Supreme Court when one appears for the AOR exam, he/she has to also study professional ethics. That provides you with an insight with respect to the importance of ethical practice and its positive impact in your relationship with all the stakeholders including your colleagues, clients and the judges.

    How do you keep up with the recent developments in your field?

    I update myself with legal digests and journals and keep a tab on the online legal news portals. With the emerging legal events in our country, it has become essential to keep yourself informed about the developments which always gives you an edge while strategizing and preparing arguments in the matter.  

    Could you please give some advice to the young legal professionals who are looking forward to start their practice?

    What is constant in this profession is learning and hard work. Perseverance is the mantra. Being only in my 14th year of practice, still one thing that I have learnt and would like to share is that never take your losses to heart and success to mind and do not keep measuring your efforts in terms of the outcomes. As long as you’ve provided the Client and the Court with your best assistance, you should move on. Also, don’t compare yourself to others, everyone has his/her own journey and trajectory. Further, time management is very important and to always be prepared, each time you step in the courtroom. As far as Supreme Court practice is concerned one has to identify the question of law which would get the judges interested in your matter and present it to be easily comprehensible and in least possible time.

    Get in touch with Ankit Swarup-

  • Aspiring lawyers should not only focus on mastering the law, but also on improving their writing, drafting, and communication skills- Suma RV, Partner- Labour and Employment practic, King Stubb & Kasiva

    Aspiring lawyers should not only focus on mastering the law, but also on improving their writing, drafting, and communication skills- Suma RV, Partner- Labour and Employment practic, King Stubb & Kasiva

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

    Ma’am, can you share with us what inspired you to pursue a career in law?

    My paternal great-grandfather was my greatest inspiration. Although I never had the chance to meet him, I grew up hearing stories about him, who was B.A., B.L and worked for the then Central Excise department. While studying in pre-university college (XI and XII), I realized that I had lost interest in studying science and instead found my passion in law. Choosing a career in law was a deliberate decision for me, as I always wanted to pursue the unconventional path as compared to my peers and relatives, many of whom opted for engineering or medicine. Over the past decade, I have gained valuable experience working at esteemed law firms such as Cyril Amarchand Mangaldas, Kochhar & Co., and presently, King Stubb and Kasiva. And consequently has made me realise this career choice has been a great fit for my personality, and I continue to learn and encounter diverse legal issues on a regular basis that makes this journey truly unique and exciting.

    Can you walk us through the process of drafting HR policies and employee handbooks?

    The primary objective of Indian labour laws is to safeguard the interests and welfare of workers, while also acknowledging employers’ rights to discipline their employees. However, the law does not explicitly outline all the privileges and corresponding obligations/limitations of employees. This gap necessitates that employers create HR policies, employee handbooks, and other such documents to clearly articulate the terms of employment for various categories of workers, such as probationers, fixed-term employees, permanent employees, temporary workers, and others.

    Labour laws in India are often tailored to specific industries and locations, with some laws only applying to businesses that meet certain employee thresholds and/or pay scales. Therefore, when external counsel assists in developing HR policies, employee handbooks, and other similar documents, they must have a thorough understanding of the company’s nature of business, the nature of the workforce, and the location of the company. Additionally, they must be clear about the company’s expectations for its employees and what it intends to offer in return. Based on these factors, policies are drafted or reviewed, outlining the rights and limitations of both the employer and employees, while also adhering to applicable laws. It is also important to consider the policies and practices already in place within the company while drafting HR policies and employee handbook.

    How do you ensure that your clients are compliant with labour laws in India?

    As an external counsel, it is crucial to inform clients about the compliance requirements under applicable labour laws, as well as the consequences of non-compliance. However, our work or opinion is usually limited to specific queries from the client.

    Since labour laws are part of the Concurrent List of the Indian Constitution, which allows both the Central and State governments to enact laws, rules, or regulations, legal and human resources professionals within organizations must stay up-to-date with the latest developments applicable to their location and industry.

    At KSK, we publish Employment Law Updates on a monthly basis, which offer a comprehensive guide to significant changes in labour and employment laws, including notable judicial precedents. These updates help companies stay current with the latest developments in the field. We share these updates with clients and post them on LinkedIn, while snippets of the same can be viewed on our website.

    Would you like to discuss some of the challenges that companies face when it comes to lay-offs, retrenchment, downsizing, and transfer/transition of employees’ employment?

    Employers often find it difficult to make the decision to lay off, retrench workers, or downsize the workforce, as the legality of such decisions can be challenged before labour authorities or courts. Furthermore, these decisions must be fair and reasonable, as they significantly impact the livelihoods of employees. If the implementation of such decisions requires approval from the concerned government, the process may be delayed due to objections from workers, unions, or authorities.

    When transferring an employee’s employment from one employer to another, the employee’s consent is necessary, and compliance with other legal requirements is also required. However, objections by employees or unions can prolong the process of completing such actions. 

    How has your in-house experience at Ujjivan Small Finance Bank Limited shaped your approach to advising clients on employment laws?

    While an in-house role that specializes in employment laws may have limitations as certain labour laws are industry specific and issues at hand are specific to the business, I consider myself fortunate to have gained experience in various employment-related issues in a short period of time. My scope of work included advising the business on employment terms, termination of employment, employee compensation and benefits, policy formation, contract rescission, employee discipline, and process document preparation, as well as training resources on various processes.

    Moreover, my role as an in-house counsel has given me insight into how other business verticals within the organization function, their expectations, and the challenges they face when implementing change. It is this experience that has skilled me to take a holistic approach within legal boundaries when advising clients.

    What qualities do you believe are necessary for success in the legal profession, and how can aspiring lawyers develop these qualities?

    I believe that there is no simple formula for success in any profession and it is important to identify and follow one’s passion, and pursue a path in line with their passion.

    In the legal profession, it is essential to have a thorough knowledge of the relevant laws and to stay up to date with developments affecting one’s area of practice and the profession as a whole. However, success requires more than just these traits; it also demands continuous learning, research, strong interpersonal and analytical skills, critical thinking, and most importantly, honesty, integrity, and perseverance.

    Aspiring lawyers should not only focus on mastering the law, but also on improving their writing, drafting, and communication skills. It is vital to practice thorough research when reaching conclusions on legal issues, and self-evaluation for advancement in one’s career. 

    Get in touch with Suma RV

  • Perseverance and a strong dedication to expanding one’s knowledge base are essential for success in the field of law- Foram Shah, Partner, King Stubb & Kasiva, Advocates & Attorneys

    Perseverance and a strong dedication to expanding one’s knowledge base are essential for success in the field of law- Foram Shah, Partner, King Stubb & Kasiva, Advocates & Attorneys

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

    Ma’am, please tell us about your decision to pursue law.

    During my preparation for the final year of my Economics Honors degree, I made the decision to pursue a career in law.

    Please tell us about  the hardships that you faced by you in your 18 years of experience in corporate laws and how you overcame them.

    Certainly, as someone with 18 years of experience in corporate law, I can attest that there are many challenges one can face in this field. However, I firmly believe that these initial hurdles can ultimately make you stronger.

    One common challenge for lawyers is obtaining good, high-quality work. In order to overcome this challenge, I have found that knowledge is absolutely crucial to advancing your career. Even during years when I didn’t have many quality clients, I never gave up on my belief in myself. Instead, I focused on continually educating myself by staying up-to-date on new regulations, revised and amended acts impacting corporates, and reading orders. By doing so, I was able to prepare myself to help corporates face new challenges in regulations and compliances.

    In short, perseverance and a strong dedication to expanding one’s knowledge base are essential for success in the field of law.

    Please elucidate about your international experience as a lawyer.

    I have been fortunate to have numerous opportunities to work on international transactions throughout my career. I have been involved in setting up companies and joint ventures in various parts of the world, as well as working on the acquisition of companies in Africa, Far East Asia, Europe, and beyond. In the course of these experiences, I have had the opportunity to work closely with local counsels and legal experts in each respective country, allowing me to gain a deep understanding of their unique internal laws and regulations.

    I consider my international experience to be an invaluable asset to my career in law. It has broadened my perspective and provided me with a wealth of knowledge and expertise that I can draw upon in a wide range of legal matters.

    We would like to know more about the  masters which you pursued from NLSIU in Business Laws and in what ways it has helped you in your corporate career.

    NLSIU Bangalore is a pioneer in offering Master’s program in Business Laws. It provides a comprehensive understanding of the various legal frameworks that are essential for businesses to operate successfully. Moreover, the program is designed in such a way that it not only imparts knowledge on laws but also focuses on developing essential commercial skills. This includes aspects such as understanding businesses of clients, commercial awareness, and negotiation skills.

    The program has certainly helped me in my corporate career by giving me a well-rounded perspective on how businesses operate in the legal sphere. Through this program, I have gained a deep understanding of various legal aspects related to businesses, such as regulatory compliance, corporate governance, and contract law, among others. Furthermore, the commercial skills that I have developed have been instrumental in understanding the businesses of my clients and working with them to achieve their goals.

    In short, pursuing a Master’s in Business Laws from NLSIU Bangalore has been an immensely valuable experience for me, providing me with a strong foundation of knowledge and skills that have helped me succeed in my corporate legal career.

    You have also advised on Data Protection policy and GDPR policy. Please explain your experience. 

    Perceiving the current scenario, the data protection policies in India are still in the phase of the Personal Data Protection Bill, which was introduced in Parliament in 2019. The bill aims to provide a comprehensive framework for the processing of personal data in India, including provisions for data protection, individual rights, and obligations for data processors and controllers. The bill is currently under review and is expected to be amended to address concerns raised by various stakeholders. Once the bill is passed, it will become a law, and all organizations operating in India will be required to comply with its provisions.

    At present, in India, we do not have any strict guidelines; however, industries and companies have started preparing to implement the terms of new guidelines, which are expected to be introduced in the near future. As a partner handling several data protection mandates at King Stubb & Kasiva, my team and I are helping our clients and their departments to ensure that they are compliant with the guidelines from day one.

    On the other hand, GDPR (General Data Protection Regulation) is a comprehensive data protection law that came into effect in the European Union in May 2018. The law applies to all organizations that process personal data of EU citizens, regardless of where the organization is based.

    GDPR has several key provisions, including requirements for data protection impact assessments, the appointment of data protection officers, and the reporting of data breaches. The law also provides individuals with several rights, including the right to access their personal data, the right to request erasure of their data, and the right to data portability.

    Our team at King Stubb & Kasiva has worked extensively with Indian companies having a presence in Europe to comply with GDPR by formulating policies for them and ensuring that our clients comply with all aspects of GDPR. The team is well-versed in the requirements of GDPR, and we help our clients to navigate the complexities of the regulation to ensure that their businesses are fully compliant with the law.

    Apart from working, what do you prefer in your free time? 

    In my free time, I enjoy exploring rural areas and helping out in schools or medical facilities. I also like to spend time gardening and listening to music.

    Lastly, what kept you going on in all these years?

    What has kept me going in all these years in the field of law is my passion for the profession and my desire to continuously learn and grow with always motivated and enthusiastic team at King Stubb & Kasiva. I am constantly inspired by the challenges and complexities of legal issues and the opportunities to help clients achieve their goals. Additionally, I am motivated by the positive impact that my work can have on businesses and individuals, and the satisfaction that comes with contributing to the greater good. 

    Get in touch with Foram Shah –

  • Pooja Chakrabarti, Partner, Argus Partner on decision to study law, attending University of Oxford, importance of authoring research articles and value of networking

    Pooja Chakrabarti, Partner, Argus Partner on decision to study law, attending University of Oxford, importance of authoring research articles and value of networking

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

    At which point in time did you decide that you wanted to pursue a career in law?

    I belong to a family of doctors and have virtually no lawyers in my family, however, something about the profession always excited me. I do not think that there was a particular point in time when this decision was taken, but in Class XII when I was expected to prepare for Pre-Medical Tests, I found myself looking at Law School brochures instead. Things moved fast and I joined Symbiosis International University, Pune soon after. I do not regret the decision at all and am grateful to have found my happy place.

    You have completed Bachelor of Civil Law from the University of Oxford. Can you share a roadmap which will help graduates aspiring to pursue their higher studies from such prestigious institutions?

    There is no specific roadmap really. Every university is different with distinct parameters to determine eligibility. Standing out is of utmost importance for candidates.

    For University of Oxford, primary impetus should definitely be on securing excellent grades, as the University accepts students from only the top 1-2% in a batch. Besides, it is good to have some solid co-curricular activity on your resume, such as moots, debates etc. Demonstrating passion for a hobby or an interest outside work is also appreciated. Lastly, an original, well-articulated Statement of Purpose helps, which would demonstrate how a candidate is unique. Although I attended Oxford after working for 5 years in a law firm and had never applied for judicial clerkship, many of my classmates had worked as a judicial clerk after graduating from a law school.

    Can you share some of your learnings, both on academic and non-academic fronts, while you were at Oxford.

    Oxford has definitely taught me to be systematic, disciplined and thorough. Considering only the sheer volume of the course material, it was a task to keep up in class. The course material would be circulated to students well ahead of the class and it was expected that every student would be thorough with it before class. In class, we would discuss, dissect, and analyse the material. We would also write our own papers for tutorials and debate the same with the Professors. We were always encouraged to question, probe, challenge and argue, develop new theories and pen them down. I enjoyed the entire academic experience.

    As far as non-academic fronts go, the University has a strong network of alumni, and I am in touch with some great friends I made there. The University also has a hectic social life with sit-down dinners, wine and cheese evenings and BOP (Big Open Parties). I have attended my fair share of these, including the long walks beside the Cherwell. Overall, I cherish the year and all it brought.  

    Being a litigator, you work in several areas like commercial litigation, arbitration, insolvency matters, intellectual property, constitutional law, real estate etc. Is it challenging?

    Every area of law is important and challenging in its own way. I am extremely passionate about my work. As a litigator, it is important to appreciate and understand the business aspects of a transaction and only then can you provide commercially viable solutions to your client. It is also essential to adapt to the ever-evolving commercial environment and analyse how the advice and strategy will affect the client’s business. There is a new challenge every day, but I thoroughly enjoy the rush of adrenalin it brings.  

    Given your busy schedule, how do you allocate time for authoring research papers? Do you think that publishing papers, as a lawyer, boosts one’s career?

    I am generally interested in writing about recent legal developments, and it is also a great way to stay updated, as writing also involves a lot of reading about the subject. Publishing papers improve visibility and demonstrate knowledge. It can also act as an excellent conversation starter. I have had many clients and peers approach me to discuss a particular paper I have written, and provide insights on the same. It is an effective way to stay connected to the larger ecosystem.

    How do you keep yourself updated with the current legal trends, given your busy work schedule?

    I am a voracious reader with varied interests. I subscribe to the databases available and follow them regularly for updates. I try to set aside some time during the workday for this purpose. Besides, Argus Partners has an extremely active and focussed Knowledge Management team that circulates regular updates on current developments, and this helps me keep updated.

    Do you think good grades and moot court experience are necessary to be a good lawyer?  What else do you think is required?

    I don’t think there is one formula to anything. Good grades demonstrate consistency and dedication but there is no hard and fast rule that everyone who scores high marks in law school turns out to be a great lawyer. The reverse is also true. Participating in a moot court is important as it enables young minds to analyse legal issues, research on them, draft contentions and argue, but the professional world is very different from the life a law school offers. What is important for a young professional is to keep learning and stay focussed.

    How important do you think it is to network with fellow lawyers and those from the professional front to grow in one’s career?

    Networking is an important building block. It is important to learn from others, share experiences and insights, and be a part of the larger legal community to build connections. Networking increases visibility, enhances professional reputation and helps develop a strong personal brand. In this age, it is important to be present and active on social media applications, such as LinkedIn. One can learn a lot from one’s peers.

    What advice would you give to a legal professional just starting out?

    One should demonstrate a zeal to learn, hard work, integrity, and ownership. Every assignment should be treated as an opportunity to bring out the best. I always tell my junior colleagues that they should be prepared for the long haul and not get distracted or demoralised with minor setbacks. Find a mentor, if possible, and learn from them. The journey is challenging, but consistency will bring success despite impediments.

    Get in touch with Pooja Chakrabarti-

  • Being a first generation lawyer is definitely challenging and these challenges may sometimes dishearten even the strongest of people- Ashish Kothari, Partner, King Stubb & Kasiva, Advocates & Attorneys

    Being a first generation lawyer is definitely challenging and these challenges may sometimes dishearten even the strongest of people- Ashish Kothari, Partner, King Stubb & Kasiva, Advocates & Attorneys

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

    To give this conversation a start, please tell us about the person you thought you would become when you were young.

    This is an interesting question! I was heavily influenced by movies and cricket in my childhood, and wished to a become a person who had a huge of fan-following. Obviously that has not happened, but I always try to at least remain popular among my colleagues and juniors by treating them well and with respect.

    Since you are a first generation lawyer, please tell us about the  struggles you faced during your initial years.

    I was fortunate to get a placement at a law Firm through my college’s placement programme. So, thankfully, I did not struggle in finding a good firm/office to start my career, which many first generation Lawyers face. My struggle in the initial years of my career was limited to adjusting in Delhi, dealing with homesickness and surviving within the salary I was receiving. However, as I progressed in my career, I realized that first generation Lawyers have to face some challenges that are usually not faced by someone who already has a legal background. The most obvious challenge I faced was to make my own Clients and get good work. However, over the period of years, I managed to carve out a place for myself in the Industry. I focussed a lot on giving practical and effective advise to Clients and expanding my circle. Slowly, my hard work paid off and my Clients started trusting me with matters involving high stakes. Friends from my school and college also helped and supported me a lot in this process. My journey made me realize that while it takes a little extra hard-work, it is not impossible to carve out a place for yourself even if you don’t have a legacy.

    What it takes to become a partner of a law firm and that too one of the youngest people? 

    A lot of hard-work, guidance and some luck!

    In my limited experience so far as a litigating Lawyer, I have realized that there is no short cut to success. My journey comprises of several all-nighters, working weekends, cancelled holiday plans, early morning preparations for hearings and what not. It has been a hard but an extremely enjoyable and fulfilling experience for me at the same time.

    However, hard work is not the only ingredient in the recipe of success. One needs the right guidance at the right time. I was very lucky in this regard as I got very good mentors and seniors in the early phase of my career who guided and helped me immensely in developing my skills as a lawyer. The qualities and work ethics I learnt from my seniors have helped me immensely in reaching where I am today.

    Please elaborate on your role as a Partner Litigation and Head- Agrochemical practice.

    Some people may be surprized to note that the Global Agro-chemical Industry is worth about 220 Billion USD. The Indian Agro-chemical Industry is itself worth more than 6 billion USD. The agro-chemical Industry is already one of the largest industries in terms of turnover and is rapidly expanding owing to new innovations in the field of crop protection. Ironically, while the industry is growing substantially, it is also one the most heavily regulated industry in the world owing to the inherent nature of pesticides. These unique aspects of the Industry give rise to several complex legal issues that require not only a deep knowledge and understanding of the laws and regulations around agro-chemicals but also a substantial understanding of Chemistry.

    I take great pride in stating that I am one of the very few Lawyers in the Country who specialize in the field of Law relating to Agro-chemical, Seeds & Fertilizers. In my current role at my Firm, I am advising and representing leading Agro-chemicals, Seeds & Fertilizer Companies of the world. I am also representing some of the largest Agro-chemical Industry Associations (having membership of more than 300 companies) before various Courts across the Country.

    Apart from heading the Agro-chemical practice, I am also handling several key litigations relating to Sports & Gaming Laws, Infrastructure Laws, Insolvency Laws, Arbitrations, Contractual Disputes etc.

    How do you spend a day off? 

    My off days are usually spent playing cricket or binge watching a good series with my family. Since me and my wife love travelling, in long weekends or during Court vacations, we try to take a few days off for a vacation to rejuvenate and unwind ourselves.

    Lastly, please provide us  with your valuable piece of advice to the first generation lawyers who are struggling in their initial years.

    Being a first generation lawyer is definitely challenging and these challenges may sometimes dishearten even the strongest of people. So it is extremely important for first generation lawyers to be patient and positive in their outlook. One must understand that for the Client, only good work and results matter and if a Lawyer can give them results, they do not care whether you are a first generation Lawyer or have a legacy. If the Client is impressed with his Lawyer, he will not only come back with more work but also recommend him to others. Even in my case, I have received so much work from new Clients merely based on recommendations from my existing Clients. So, the focus must be on delivering results and gaining the trust of Clients. One must keep in mind that the road to success may be a bit longer for a first generation Lawyer but it is never closed!

    Get in touch with Ashish Kothari-

  • One of the most rewarding aspects of being a lawyer is the continual learning that comes with the job- Ish Jain, Arbitrator at Delhi International Arbitration Centre

    One of the most rewarding aspects of being a lawyer is the continual learning that comes with the job- Ish Jain, Arbitrator at Delhi International Arbitration Centre

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

    To start our conversation on a lighter note, we would like to know why did you choose to be a lawyer?

    From a young age, I was drawn to the idea of a profession that would allow me to serve others while also growing and developing as a person. As I progressed through my higher education, it became clear to me that law was the ideal field to achieve these goals. I would say, one of the most rewarding aspects of being a lawyer is the continual learning that comes with the job. Every day presents new challenges and opportunities to expand one’s knowledge and skills. Whether I’m studying a complex legal issue or working on a case, I am constantly pushed to think critically. That feeling of being pushed to think critically and the feeling of ‘rush’ that comes along with it is what gets me stoked to be a lawyer. In addition, being a lawyer also provides me with a sense of purpose and fulfilment. By using my legal expertise to assist clients and advocate for justice, I can make a positive impact on society. Whether I’m working on a high-stakes commercial matter or representing an individual, I am driven by the knowledge that my work is making a meaningful difference in the lives of others. Ultimately, my passion for the field of law stems from the fact that it allows me to combine my desire to learn and grow with my commitment to serving others. It is a challenging and demanding field, but I believe that the rewards of being a lawyer far outweigh the challenges.

    We understand that you have so many distinguished accolades attached to your name, especially in the field of arbitration. Please tell our audience about your illustrious career as an arbitrator.

    My passion for arbitration as a career was ignited during my tenure as an assistant to retired Hon’ble Justice M.S. Rane. Witnessing the transformative power of arbitration in resolving disputes sparked a deep interest within me, and I knew that this was the field that I wanted to pursue. My interest in arbitration only grew as I pursued my LL.M. from the prestigious Queen Mary, University of London, UK, where I studied Oral and Written Advocacy in Arbitration as well as International Commercial Arbitration law. This formal education not only sharpened my skills but also gave me a broader perspective on the field.

    Since 2004, I have had the privilege of working in the field of Arbitration in a wide range of disputes, including complex commercial disputes, construction disputes, intellectual property disputes,  technology law, Aviation law, Maritime disputes, etc. My expertise in the field has been recognized through various accolades and appointments. In the last 8 years, I have had also the privilege of serving as an independent Arbitrator and I am presently empanelled with more than 26 institutes as an Arbitrator in Asia, the UK, and the Middle East.  In addition, I am also actively involved in promoting the field of arbitration and advocating for its benefits as a dispute resolution mechanism. I have been invited to speak at various conferences and seminars on the topic. I am proud to have been working in this field and am eager to continue making a positive impact through the transformative power of arbitration.

    Being in the Arbitration profession since 2004, what were some of the defining moments?

    In my career, I have had many defining moments that have shaped my professional journey in the field of Arbitration. From representing noteworthy real estate developers and high net-worth individuals to businesses and entrepreneurs from diverse sectors of the business community, I have had the privilege of working with some of the best lawyers in the field. However, one particular case stands out as a truly fascinating experience.

    I had the opportunity to work on a case that involved a manufacturing defect in an Aircraft and the failure of the landing gear in a new Aircraft. This case not only challenged me as a lawyer, but also allowed me to push myself to the limits of my knowledge and expertise in dealing with Arbitration cases and ICC Rules. It required me to think outside the box, exercise creative problem-solving skills, and work collaboratively with a team of experts to achieve a favourable outcome for my client.

    It was a defining moment in my career, as it taught me the importance of perseverance, adaptability, and strategic thinking. This experience helped me grow both as a lawyer and as an Arbitrator, and I am grateful for the lessons learned.

    Overall, my journey has been filled with many defining moments, each one contributing to my growth and development in unique ways. I look forward to continuing this journey, embracing new challenges, and striving for excellence in everything that I do.

    Since Arbitration is a growing field in our country, what is the major difference in other jurisdictions/countries compared to India? How do you look at the potential in this field for law practitioners in India?

    Arbitration has become increasingly popular in resolving disputes in India, as well as in other jurisdictions/countries. In fact, the Bar Council of India opening up avenues for foreign law firms in India and allowing Foreign lawyers to appear for their clients in International Commercial Arbitration will definitely allow India to be one of the hubs of International Commercial Arbitration.

    However, there are some notable differences between the practice of arbitration in India and other countries. One major difference I would like to point is the level of institutional support for arbitration. In some countries, such as UK, France, Switzerland, Singapore and Hong Kong, there are well-established institutions that provide administrative support and expertise in arbitration. These institutions have established rules and procedures for resolving disputes, which can make the process more efficient and reliable. Another difference is the extent to which the courts are involved in arbitration proceedings. In some countries, such as the UK and Singapore, the courts are heavily involved in the arbitration process and can play a significant role in enforcing arbitration awards.

    In terms of potential for law practitioners in India, the growing field of arbitration presents a significant opportunity. As businesses in India increasingly seek to resolve disputes through alternative means, there is a growing demand for legal professionals with expertise in arbitration. This can include both lawyers who specialize in dispute resolution as well as those who have experience in related areas such as international trade and investment. Overall, the potential for law practitioners in India in the field of arbitration is significant. However, it is important for practitioners to stay up-to-date with developments in this area and to develop the necessary expertise and skills to succeed in this growing field.

    As you are pursuing a PhD, how do you manage your workload and maintain a balance between your academic responsibilities, work, and life?

    Balancing work, education, and personal life can be a challenging task, but it is essential to ensure that I am productive, efficient, and not compromising on my personal life. To balance these three aspects, I follow a few key strategies: First, I plan and prioritize my tasks by making a to-do list and scheduling my day accordingly. This helps me stay organized and ensures that I am making the most of my time. Second, I set realistic goals for myself, both short-term and long-term, and try to achieve them. This helps me stay motivated and focused on what I want to achieve. Third, I manage my time effectively by avoiding procrastination, limiting distractions, and making the most of my productive hours. I take short breaks in between work or study sessions to refresh my mind and avoid burnout. Fourth, I seek support from family, friends, or colleagues if needed to ease the workload and reduce stress. Finally, I maintain a healthy work-life balance by making time for myself, spending quality time with family and friends, exercising regularly, and pursuing hobbies that help me relax and rejuvenate, for e.g. picking up a sport like Tennis helped a lot. Overall, finding the right balance between work, education, and personal life is essential to avoid stress and burnout. By following these strategies, I am able to balance these three aspects and achieve my goals while also taking care of my personal life.

    To wrap this conversation up, what advice would you give to legal professionals in their initial years?

    To all young lawyers, I would like to emphasize the importance of merit and perseverance in achieving success. While it is true that smart work is crucial in today’s fast-paced world, however, it cannot be a substitute for hard work and effort. It is essential to put in the effort to maximize your potential and achieve your goals. For instance, if you aspire to practice in the field of Arbitration, you must dive deep into the legal and business aspects of the field. You cannot simply skim the surface; you must understand all the consequences and have the ability to listen fairly and impartially to a dispute before issuing a legally binding award. This level of expertise comes with experience, and gaining that experience requires hard work and dedication. So, my message to all young lawyers is this: strive for excellence and put in the necessary effort to achieve your goals. With perseverance, dedication, and a commitment to constantly improve, you can achieve great things in your career and beyond.

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