Super Lawyer

Tag: ADR

  • “It’s this impact, the compelling stories of people, and the continuous learning from each case that fuels my passion for law, far beyond any monetary gain”- Anisha Mathur, Partner at Shepherd Law Associates

    “It’s this impact, the compelling stories of people, and the continuous learning from each case that fuels my passion for law, far beyond any monetary gain”- Anisha Mathur, Partner at Shepherd Law Associates

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

    To start, can you give our listeners a brief introduction to your background and journey in the field of law? How did you initially become interested in pursuing a legal career?

    I love stories! If you carefully hear, everyone has something to share. That’s just the essence of law.

    Growing up, I have harboured a deep love for listening to the stories of other people. Whether engaging with friends facing some challenges or family issues, I always felt a strong desire to offer solutions and guidance. The process of meeting individuals, understanding their problems, and finding ways to help them has been a fascinating aspect of my life.

    This interest and problem-solving attitude that developed in me over the years played a pivotal role in shaping my career aspirations. The realisation that a legal profession could empower me to resolve the problems of others fuelled my passion. As I delved into law subjects, and navigated the intricacies of the legal system during my internships, I became increasingly convinced that this profession was my calling.

    In essence, my journey into law is not merely a career choice but a manifestation of a lifelong passion for understanding and resolving the issues that people encounter on a day to day basis. 

    Whether it’s aiding someone to reclaim what’s rightfully theirs, providing a way out of an abusive relationship, assisting companies in debt recovery or negotiation, or facilitating legal actions, each act is incredibly fulfilling. It’s this impact, the compelling stories of people, and the continuous learning from each case that fuels my passion for law, far beyond any monetary gain. Law has a transformative power in both individual lives and society at large.

    Today, as the founding partner of Shepherd Law and Associates, my journey in law has been both diverse and enriching. With a distinction in my Masters from Queen Mary, University of London, and being NCA qualified in Canada, my practice has spanned various sectors. I have had the privilege of representing a wide range of clients, from individuals to the State of Maharashtra to US-based organisations, across fields such as Pharmaceuticals, Fintech, Artificial Intelligence, Jewellery, and Sports. This breadth of experience has allowed me to develop a versatile approach to legal challenges.


    Your LLM in Intellectual Property Law from Queen Mary, University of London is quite impressive. Could you share what drew you to specialize in intellectual property law, and how has this expertise shaped your legal career? 

    Choosing to specialise in Intellectual Property Law at Queen Mary, University of London was a thoughtful decision because I saw how applicable this area of law is globally, especially in growing industries. The course provided innovative learning opportunities, delving into areas such as the legal implications of 3D printing, the evolving video gaming industry, and emerging concerns in privacy and personality rights. These areas, especially privacy law, have now become pivotal in the global legal arena. 

    My proficiency in these domains has been crucial, from my very first job under the mentorship and guidance of Ms. Vibha Datta Makhija, Supreme Court designated Senior advocate, who has some of the most prominent cases and at the time was representing the Union of India in matters related to privacy laws. The knowledge kept helping me as I continued to guide my clients in crafting comprehensive privacy policies and Terms of Use.

    The option to study Alternative Dispute Resolution (ADR) as one of my course subjects, complemented my expertise, aligning with its growing significance in both personal and corporate dispute resolution today. Skills acquired in negotiation, mediation, and understanding ethical practices have proven invaluable in client counselling and effective case resolution through amicable settlements.

    My choice of IPR, combined with forward-thinking courses, enabled me to address a wide, international market. The course’s emphasis on creative problem-solving and open-ended exam formats, which encouraged innovative thinking over rote memorisation, greatly enriched my learning experience. For instance, my proposal for new legislation in an exam not only showcased my creative legal thinking but also contributed to my distinction in the LLM program.

    Studying abroad extended beyond academic achievements, fostering personal growth, independence, and a deeper appreciation for cultural diversity. This comprehensive experience has not just enhanced my capabilities as a legal professional but also transformed me into a well-rounded individual, prepared to excel in a global environment.

    Having worked with diverse clients across India, Singapore, and the UAE, can you highlight a couple of key experiences or cases that were particularly impactful in your career? How did you navigate the challenges posed by different legal jurisdictions and cultures?

    In my career, working with clients across India, Singapore, and UAE and many other jurisdictions, the key to handling diverse cases successfully has been comprehensive research and robust teamwork. 

    My journey in Indian law began at the Supreme Court and Delhi High Court, under the mentorship of Ms. Vibha Datta Makhija. This experience, particularly on high-profile cases like the Bofors scam and the WhatsApp-Facebook privacy issue, was crucial in understanding the nuances of representing clients in India’s highest courts. My subsequent empanelment with the State of Maharashtra, under the leadership of Mr. Nishant R. Katneshwarkar, Standing Counsel for the State at the time, built upon this foundation. The insights and skills I developed under Ms. Makhija’s guidance proved instrumental in my growth and effectiveness in these roles. The only way to navigate through challenges is to face them.

    Whether dealing with prominent clients in the arena of mixed martial arts in Bahrain, aviation in the UAE, or emerging sectors like Electric Vehicle, Artificial Intelligence, Fintech and sports in India, the approach remains consistent: engaging with industry professionals and learning continuously. This attitude has been fundamental in navigating different legal jurisdictions and cultures.

    Facing new challenges, seeking advice from experts, and always responding professionally and promptly are crucial. My guiding principle is simple: if you commit to a task, give it your all and never stop growing professionally.

    As a partner at Shepherd Law & Associates, you lead a team handling over 500 active litigation cases. How do you approach leadership, especially in a legal setting? And how do you balance strategic decision-making with day-to-day management?

    I believe in leading my team by empowering each member, creating an environment where open communication and collaboration thrive. This ensures that everyone feels valued and contributes meaningfully to our shared goals.

    I maintain a balance between strategic decision-making and day-to-day management by effectively delegating tasks and placing trust in my team’s capabilities. Regular meetings and progress reviews help me stay informed while also giving the team the autonomy they need. This approach not only streamlines our workflow but also fosters professional growth and a strong sense of ownership among team members. My role is to provide direction, instil confidence, and ensure that we meet our client commitments with the highest standards of legal service.

    In managing our practice, I have bifurcated and specialised teams dedicated to corporate matters, intellectual property rights, litigation, and so on. I make it a point to check upon my team and ensure they have a comprehensive understanding of every aspect of a case and deliver holistic solutions to our clients and my team knows that I am always reachable, at any hour of the day. 

    My team understands the unpredictable nature of court appearances. I encourage them to approach each day with a fresh mind-set, understanding that there will be good days and challenging ones, but they just need to do their best, rest everything works out. Following timelines, reaching on time, promptly responding to clients and fulfilling commitments, takes you a long way and also separates you from the crowd. Many struggle to do these things and that’s how you become different.

    Your experience spans multiple countries. Can you share insights into the challenges and advantages of handling legal matters in cross-border contexts? How do you navigate the complexities that arise in international legal representation?

    Handling legal matters in cross-border contexts presents both unique challenges and advantages. One of the main challenges is navigating different legal systems and cultural nuances, which requires extensive research and collaboration with local legal experts. This ensures accurate understanding and application of relevant laws. Another challenge is managing time zone differences and communication barriers, which we overcome through flexible working hours and clear, concise communication.

    The advantages include a broader perspective on legal issues and the opportunity to learn from diverse legal practices. It enhances our adaptability and problem-solving skills, making us more effective lawyers.

    To navigate these complexities, we focus on thorough preparation, building a network of international legal contacts, and staying updated on global legal developments. This approach ensures we provide our clients with informed, comprehensive legal representation in any international context.

    Mentoring seems to be an integral part of your role. How do you approach mentoring junior associates, and what advice do you find yourself giving most often to those starting their legal careers?


    Mentoring junior associates is deeply rewarding, yet it comes with the responsibility of guiding them through the stark realities of legal practice. I often share my own experiences, emphasising that the transition from law school to the courtroom is challenging. The practical aspects of law are much tougher than academic learning, and even something as basic as reading a case file can feel overwhelming at first.

    I remind them that internships, while valuable, are different from the reality of courtroom work, especially in litigation where initial earnings are modest. I started my career with a salary of INR 12,500/- p.m. despite my academic distinction, a stark contrast to peers in other fields. It’s easy to feel disillusioned, but persistence and passion are key.

    The journey in law is filled with learning from mistakes and facing tough feedback from seniors and judges. My advice is to embrace each day as a learning opportunity. If law is your passion, the challenges you face early in your career will eventually lead to rewarding experiences. 

    I encourage them to have faith in their journey, learn relentlessly, and approach every new challenge wholeheartedly. The path may be difficult, but it leads to growth and fulfilment beyond monetary gains.

    Passion in law leads to fulfilling outcomes, and I emphasise the importance of empathy and kindness in professional growth. The goal is to nurture not only skilled lawyers but compassionate individuals who recognise the power they hold to positively impact lives.

    What insights can you share about the motivations and challenges for new lawyers embarking on a litigation career?

    The path of litigation, particularly for first-generation lawyers, is often marked by a focus on service rather than immediate financial gain. 

    Many of us start by handling pro bono cases or assisting friends and family, building our practice without the expectation of significant remuneration. 

    This initial phase is crucial, as responsiveness and competence are key to retaining clients who often hold the misconception that lawyers are unreliable or deceitful. This is especially true for individual clients and small businesses. 

    Being successful in the legal world means being patient and not always focusing on immediate financial gains. This profession is all about learning, and you cannot become an expert overnight. It is more about consistently showing up, being open to new opportunities, and taking things one step at a time.

    When reflecting on my legal journey, I recall the initial years where I was an external member of company’s Prevention of Sexual Harassment (POSH) committee. Despite being a part of their Internal Complaints Committee (ICC), I went beyond my role to assist in problem-solving. This dedication led the same company to later offer a retainer to my firm, entrusting us with the responsibility of handling all their corporate and litigation compliances.

    Similarly, my empanelment with the State of Maharashtra before the Hon’ble Supreme Court of India followed a similar trajectory. Having previously assisted on various matters for the government to the senior, I gained the confidence to represent the State right from day one.

    The lesson learned from these experiences is that in the legal profession, don’t view yourself as a junior but see yourself as a leader, there are abundant opportunities for growth and recognition. By actively contributing and going beyond the expected role, one can build lasting relationships and open doors to new and exciting opportunities.

    Lastly, considering your journey and success in the legal field, what advice would you give to fresh law graduates who are just starting their careers? Are there any lessons you’ve learned that you wish someone had shared with you early in your career?

    Reflecting on my journey, I wouldn’t label it as a success; it’s still unfolding. A crucial understanding I have gained is the importance of compassion in the legal profession. 

    Recognising that everyone handles pressure differently and allowing space for growth and mistakes is vital. We all err, and it’s about learning and improving. Have faith in your team, rely on friends and connect with seniors. Help and seek help, there is no shame in asking what you don’t know yet.

    Early in my career, I was advised to keep going! and it’s something I firmly believe in. To fresh law graduates, my advice is to take it one day, one hour, or even one minute at a time. Be patient with yourself and your seniors. This profession will test you, but the key is to keep getting back up. Many may leave, but those who stay, grow immensely, both intellectually and financially.

    As the founding partner of Shepherd Law, I started with ‘file No.1’ and have now surpassed 500 active case files. This growth symbolises persistence and dedication.

    Another lesson that I have learnt is that one should preserve their mental peace to create a healthy work-life, in the high-pressure world of litigation or corporate, where intense concentration and problem-solving are constant, a hobby serves as a therapeutic escape. It provides a chance to unwind, offering a mental break from the complexities of legal cases and courtroom dynamics.  

    Therefore, my advice is simple, yet on bad days, extremely difficult to follow. ‘Just don’t give up yet!’

    Get in touch with Anisha Mathur-

  • Decades would see more changes in law practice and legal industry in toto, and subsequently jobs would be eliminated- Insha Showkat, Independent Legal Attorney

    Decades would see more changes in law practice and legal industry in toto, and subsequently jobs would be eliminated- Insha Showkat, Independent Legal Attorney

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

    Can you share your journey and tell us what inspired you to pursue a career in law, from your early legal experiences to your current role as a Legal Manager?

    Coming from the land of beauty and chaos, Kashmir, gave me the sense of fair and unfair from my young age. Inherent good of man and fair treatment of societies was embedded in my mind. Growing up amidst military occupation and seeing the happenings had a profound impact on me. It was a confrontation everyday. Certainly that initial inclination for law was instilled right there and other factors played along. I always wanted to understand challenging rhetorical theory, to uncover the truth. World is full of issues that affect all of us across geographies and law touches everything, every facet of a society. My major inkling towards law came from my land, and the prevalent day to day conditions. I was clear about law from a young age as it had me glued to the fairness basis and felt like a just and honourable profession.

    Obviously, an unconventional choice as I came from a traditional business family and in fact, the first one to go to law school from my immediate family. Law came from my upbringing and despite the odds, I was inspired to do my part for an equitable world by becoming the voice of the unheard.  My schooling was done at Mallinson Girls School, Srinagar where I took part in extra curricular activities besides my academics. Being an avid debater, I always had a knack for formulating arguments and enjoyed that part. Being one of the players of the basketball team, I played some matches representing my school at that time. After finishing my school I went to South India, and opted for Bangalore Legal Studies to undertake my five year law course. Five years spent in Bangalore bring back fond memories and I cherish them like always.  During my law school, I lived in the college premises with nine other law school mates. Our dormitory was filled with girls who came from different parts of the country and it gave me a chance to understand nine different mindsets.  Along with enjoying law subjects, I thoroughly took part in the mooting, debating, and legal publications. Besides being rank holder in Constitutional and International Law, I also served as the Editor of our Law School Review, BILS Law Review. Many national and international moot courts were attended for sheer joy of analysing the problem, interpreting laws, drafting the memorials and weaving the argument. My main aim from mooting was to be a better learner, and to think on my feet while simultaneously stimulating and challenging my intellectual curiosity and capabilities. In my third year, I participated in the Bar Council of India International Moot organised by National Law University, Jodhpur along with my moot mates, Siri Roa (Counsel, USA) and Mohammad Azhar-u-ddin (Associate VP, Data Privacy Accenture). The problem was about International Law, Refugee Status and Sovereignty. In our semi final round in which we were pitted against National Law University, Delhi, the other side presented well crafted arguments with excellent oratory skills making such a compelling case. To my utter surprise, I almost got so engrossed by the arguments, that I caught myself in the abyss without the rebuttal points. While the other side was finishing their arguments, I quickly scribbled through pointers and jotted them down. We went for rebuttal over 12 factual and legal issues. To my utter surprise, we made it to the finals and the sitting Punjab Haryana Justice called our team and mentioned the reason for being in finals was “thinking on the foot and coming up with the 12 points”. Mooting tests and enriches one’s appetite for delivering under pressure early on. You take ownership of your calls which lets one reach his/her full potential. Teamwork decides how far a team can go. Two years later, while graduating out from law school, I was awarded ‘Best Mooter’ of Batch, 2012. With time, my passion for law grew and intensified. I am thankful to my mentors from law school who really taught me well.

    In your role at Vipra Legal, you managed litigation and arbitration while providing commercial advisory to various entities. How do you balance the demands of litigation and advisory work in a legal setting, and what were some of the key challenges you faced?

    It’s no secret that practising law is a bit demanding yet fulfilling. It’s not only about the best advice given to the clients but subsequently, to curtail down the risks. One has to step into the owners/ companies point of view to understand the depth of business risks and hence will emerge a balanced solution. Legal advisory has to align to the company’s risk tolerance and goals. Working with Partners to define and articulate each risk and its potential effects on business so decision makers could understand the impact and vulnerability. A top tier client at Vipra Legal was in the middle of a game changer merger wherein we reviewed and drafted exhaustive Commercial Agreements and Non Disclosure Agreements and designed a legal plan/strategy for execution which matched client objectives before putting the right people, tools in place for successful deliverance. You need to understand which task is critical and can convert revenue into profit. Balancing is an art which lawyers learn about from their mentors in the beginning itself and with having multiple clients waiting for the end result, whether a thorough advisory on the issue or an immediate filing and attaining of an injunction or favourable order, one has to prioritize the work and manage it timely.  In a managerial role, besides being up to date on factual scenarios and prevalent law plus the winning strategy of multiple ongoing cases, organizing task progress and team work loads is essential. Challenge of dealing with associates and running the show as a team is where one’s real patience is tested. I would say, a litmus test. Usually, and particularly lawyers don’t like to be managed and hence the perfect workplace can be created by developing a collaboration with high level of trust and openness, communication and engagement.  The tricky part comes in when at times, you have to manage peers who are equal, or even in cases have more experience and here you can’t go into the control mode but rather find that middle balanced ground and be thoughtful of relationships at the firm.

    Your experience at Elevate involved document review and using artificial intelligence for litigation support. Could you explain how AI is changing the legal landscape and what benefits or challenges it brings to the field?

    Legal landscape is shifting more than ever before as Companies look to adapt tools like Artificial Intelligence. Incorporating AI into legal practice drives day to day lives and more importantly, clients have come to accept it from employed firms. Al can make lawyers informed, provide data driven ideas, and above all improve efficiency. In my tenure with Elevate Services, as Senior Associate with Disputes and Investigations, I provided assistance to international Litigation teams of various top tier law firms; Gilbert and Tobin, Latham Watkins LLP, Backer Mckenzie, ReedSmith, DLA Piper, Skaden and many others. End to end legal solutions were provided to the law firms, right from the starting of the early assessment of the case until trial. Summarised chronologies, provided concise legal analysis, drawing up of Contracts, assisted in Due Diligence and weaved legal opinions. Now AI is being used to automate tasks  and drive efficiencies, spurred to cut costs. Elevate is the first Company to join hands with top notch law firm, Gilbert and Tobin for its dominant business model which is a game changer and first of its kind in the legal industry of India.

    With that, a new threat also looms. Law being the lucrative profession is most at the risk of AI advances. Can I be replaced ?!  After all, lawyers are merchants of words for the matter of fact. Decades would see more changes in law practice and legal industry in toto, and subsequently jobs would be eliminated. A research by economists of Goldman Sachs estimated the amount of legal work that would be automated by AI and results are at 44%. I consider myself to be a lifelong learner and we are going to live with this now. The only way lawyers would survive amidst the growing technology is by updating their skillset, by training themselves to understand the most intricate and complex legal issues and pushing forward. One would have no choice but to climb up the skill ladder and stay ahead of technology. Change will come but I guess we are still far as there are thorny issues of Data Privacy, Ethics and conflicting data which we usually term as ‘Hallucinations’ in the world of AI prevalent and still that bridge ought to been gapped. It’s a powerful tool for productivity and we will see it growing as it’s here to stay.

    As a Principal Associate at V Legal Empire, you were involved in a significant arbitration claim. Can you share a specific case or experience that stands out as a highlight of your career, and how did you navigate the complexities of such a high-stakes matter?

    V Legal Empire’s Corporate team represented Russian construction company Mosmetrostroy for an ongoing billion dollar Arbitration claim against the Chennai Government. Strategies and methods were built to deliver the best outcomes. The most critical juncture in the Arbitration –  We helped the client get a favourable order by allowing deposition via video conferencing in a cross examination which didn’t have a precedent of its kind in the Indian Arbitration cases. Application was drafted on strong facts, law and beautifully argued by the Senior Advocate. Quorum was presided over by three arbitrators and Justice AK Sikri allowed the Application keeping in view the complexities of cross border dispute and factual scenario of the case. Partner of the law firm was in Russia briefing the client on the nitty gritties of the cross examination and on the other hand, legal along with technical aspects were ensured by the corporate team on the Indian ground for profitable work. Document management of zillion documents were managed along with regular reporting of work in progress against the budget curtailing the project risks leading to efficiency in a more client oriented way.  At that time, the article “Institutional Arbitration: Emerging need for robust dispute resolution mechanism in India” was co-authored with the Partner of V Legal Empire, Vijjay Mehta. The paper highlighted the need for more organised/ institutionalized based Arbitration with an aim to bring best international arbitration practices to the country. Most successful economies in the world prefer an international arbitration institution which is independent and credible, and enjoys the domestic market. Running of these institutes benefits all the stakeholders – from arbitrators to lawyers to clients, to governments. Significance of reduced number of arbitrations in India was highlighted despite India being a top player in Arbitration.  Stats of SIAC, ICC, HKIAC were brought forth. It was published in Young Arbitration Review, Portugal 2018, Ed29.

    You’ve also worked as a Legal Editor at LexisNexis. What does the role of a legal editor entail, and how does it contribute to the legal community?

    I always remember my tenure with Lexis Nexis with a smile as it changed my perspective on a handful of things. LexisNexis, a United States based legal entity was my first International Corporate exposure and nothing could have been better than being under the guidance of Shilpi Pandita Ganesha (Associate Director) and Shreesh Chandra (Senior Director). One of the brilliant minds I have seen across various legal industries. Advancing the rule of law was the goal and what better than being the last set of eyes before the legal words are seen by the world. Actually, the job is simple: Monday through Friday, meetings in the morning, work on the scripts and contracts the rest of the day and into the night. Working with an International Publishing house is a different league altogether. Goal is always excellence: nothing less. You own your part of the Publishing calendar – you pick the authors (can be from a senior advocate to a judge, sitting judge for all your bad luck, jurist, legal luminary, academician). Calendar is driven by budget so deadlines are quite valuable. Right from the building of calendar, to the inception of the contract, improvisation of the Legal Content, research, analysing the judicial rulings cited. It is a painstaking process to achieve excellence. What I began to understand was that researching and writing legal content honed one’s skill so that mastering law becomes easier and faster. It reinforces that attitude with the unspoken doubt each editor has the intelligence and energy to do a fair job. Besides being responsible for every stage of law publication which involved contracts, content improvement, maintenance of daily communication with clients, also collaboration with leadership, strategy, sales, and marketing was done to ensure quality work. Regular feedback on playbooks and processes took place for smooth functioning of daily operations. One of the projects involved this – Days in a row, weeks, months I visited Professor VC Govindaraj who was living in South Delhi at that point of time. He being in his 90s’ was unable to move much and here we were sitting on random legal drafts to verify the accuracy of a detailed case analysis, Hague Convention on private law, and habitual residence and domicile and obligations for shaping foreign contracts and torts. Former Professor of Delhi University is the master of private international law and much to my relief it was nothing less than sheer joy working on the subject matter of my liking with the master himself. Conflict of laws is an increasingly important subject as now more than ever large numbers of people move through territories. This piece of work provided fresh perspectives on the subject of conflicting laws and analysed its significance in today’s dynamic contemporary world. Based on these meetings, I helped him finish the draft for final approval which finally got published five months later. The sharpness of the jurists mind was unbeatable. As he said, ‘ I want to have my dinner and never get up for morning tea. All I want is to leave behind my traces for the younger generation’. Without a doubt he has already.

    During your tenure as a Judicial Law Clerkship, you provided assistance to a judge and contributed to improving the efficiency of the judiciary. How has your experience as a law clerk influenced your perspective on the legal system?

    My path to clerkship was not something planned earlier. The idea of clerking hadn’t even crossed my mind until two years in Litigation. My career started with the Standing Counsel for the State of Jammu and Kashmir, Mr. Sunil Fernandes. His practice was majorly in the Apex Court of the country and what a commendable hold on the Constitutional Law he has attained. He backs everything up with law references and pure logic. I sometimes used to have casual conversations about the Kashmir issue and his progressive streak would always show. You were right fresh out of college and before the top judges of the country, looking at the famous seniors debating on the constitutionality of the provisions and what not. It was by the end of my two years in litigation that I had made up my mind about judicial clerking and the question now was which court and subsequently, the judge. It was going to be in Delhi High Court and someone on the civil side rooster, I thought as I wanted to get my basics and civil side stronger. Justice Endlaw was known for his rulings and integrity.  A close friend of mine knew Mahfooz Nazki, (Associate Partner, ELP) a Kashmiri Delhi based lawyer (who was with Justice Endlaw’s chambers while he was on bar before getting elevated). I vividly remember my conversation with Mahfooz. ‘He is a good man, but a hard task master’ were his words and aptly so. I put in my application and got called into his chambers. He was sitting at his desk, so deeply engrossed in reading and when he noticed me, right away he shooted, ‘Why do you want to do the clerkship? You have already been in the Supreme Court for two years’ in a very candid demeanour.  To my utter surprise, I was as frank as I could ever be with a sitting High Court Judge. I replied with my actual intentions of getting my basics straightened up. For the initial weeks, I was assigned with the part of observing the Court proceedings and mind you Justice Endlaw can start a random conversation about that one case. The way he thinks about his cases is absolutely stunning – law armoured with reasonability. Research work in his chambers is totally no nonsense business. He remembers his cases so well and to see him recite an old precedent with such an accuracy is unparalleled. He is usually the last judge to leave the High Court premises which is also the reason for his highest disposal rate in Delhi High Court. He maintains that balance of making the chambers lighter with his sense of humour. My probation with him was for three months and then I was termed ‘permanent’. Getting the perspective of a judge, as to how he looks at an issue is paramount. One should try a clerkship early in his days as it will be beneficial for having the correct approach to the case. Office of a judge also teaches you a lot about building trust and confidentiality. Justice Endlaw is a perfect judge to clerk with and it was my good fortune to be in his chambers.

    Looking back on your journey and extensive legal career, what advice would you offer to fresh law graduates who are just starting their careers in the legal profession?

    Remembering what Fali Nariman once said to us in his chambers while briefing him ‘Law is an ocean and if you dive into it, it gets deeper. No one is an expert. We only know of pieces here and there’.  Being open to learning in the field of law is a must as it is a vast domain. Not a profession for the faint hearted. One must do his homework properly and your hard work is going to pay its debt. Read, re read and reflect back. Know your facts and law well before facing the judge. Never be too sure about things as it’s an unpredictable domain, ever evolving. Be very present and have an attention for the minute details. A philanthropist friend of mine describes lawyers as magicians and even, pure specialists, and it cannot be more true in this modern age.  Be humble of your legal journey. Most importantly, among the rich resources of your legal career, probably the most integral part are your mates, colleagues, clerk, your own. Many of them are extraordinary people like you and take time to get to know them. Nurture the relationships. Time goes by too fast and law has a way of pressuring time and, more than often what gets lost in between are those significant ones. Cherish the time and enjoy lawyering ! 

    Get in touch with Insha Showkat-

  • Embarking on a career in law and Alternative Dispute Resolution (ADR) is an exciting yet challenging endeavour that requires a multifaceted approach-Param Bhamra,Founding Partner at MediateGuru

    Embarking on a career in law and Alternative Dispute Resolution (ADR) is an exciting yet challenging endeavour that requires a multifaceted approach-Param Bhamra,Founding Partner at MediateGuru

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

    Can you tell us about your journey into the field of law and how you eventually became involved in alternative dispute resolution (ADR)?

    My interest in Alternative Dispute Resolution (ADR) was piqued during my formative years as a law student. I was deeply engrossed in the philosophies of capitalism and free-market economics, and I saw a parallel between these concepts and ADR. To me, ADR represented a form of judicial privatization, offering a more efficient and effective means of resolving disputes compared to traditional litigation. Recognizing the untapped potential of ADR, I initiated MediateGuru along with my esteemed colleagues, Mr. Aditya Mathur and Ms. Garima Rana. Our mission has been to normalize the practice of mediation and ADR in the legal landscape. I am pleased to say that our efforts have yielded some measure of success, and we continue to work diligently towards making ADR a standard practice in dispute resolution. 

    You’re the founding partner at MediateGuru, co-founder of LicitElite, and founder of DiploTics. Could you share the inspiration behind starting these initiatives and the impact you aim to make in the legal and ADR sectors?

    As the founding partner at MediateGuru, co-founder of LicitElite, and founder of DiploTics, my overarching vision has been to innovate and elevate the standards within the legal and ADR sectors. Each initiative serves a unique purpose but collectively aims to bring about meaningful change.

    MediateGuru was born out of a desire to mainstream Alternative Dispute Resolution methods, particularly mediation, as a viable and efficient means of settling disputes. We aim to educate, train, and create awareness about the benefits of ADR, thereby transforming it into a norm rather than an exception in the legal landscape.

    The future of dispute resolution is not in the courtroom, but in the meeting room—where mediation and arbitration reign supreme.

    LicitElite, on the other hand, focuses on legal research and advocacy. We strive to provide a platform for young legal minds to engage in meaningful research and contribute to the legal discourse. Our goal is to foster a culture of continuous learning and intellectual curiosity within the legal community.

    DiploTics is my latest venture, which aims to bridge the gap between diplomacy and technology. In an increasingly interconnected world, it’s crucial to understand the legal implications of technological advancements. DiploTics serves as a think tank that brings together experts from various fields to discuss, analyze, and offer solutions to complex issues at the intersection of law, technology, and diplomacy.

    The impact I aim to make through these initiatives is multi-faceted: from making ADR a standard practice to enriching legal research and understanding the confluence of technology and law. I am committed to driving change and setting new benchmarks in each of these areas.”

     MediateGuru connects experienced mediators and arbitrators with young lawyers and ADR practitioners in over 150 countries. What led you to create this international platform, and what role do you see it playing in the future of ADR?

    In recognizing the transformative potential of Alternative Dispute Resolution (ADR), I felt a compelling need to create MediateGuru as an international platform that could serve as a vital conduit between experienced mediators and arbitrators and the next generation of ADR practitioners. The idea was not just a fleeting thought but a culmination of years of observation, research, and firsthand experience in the field. I noticed a significant gap in the market where young lawyers and ADR practitioners, especially those from developing countries, often lacked the resources, mentorship, and opportunities to excel in this specialized area of law. This observation was juxtaposed with another reality: that seasoned professionals in the field were looking for ways to give back, to mentor, and to pass on their wealth of knowledge to the next generation. MediateGuru was conceptualized to bridge this gap, to create a symbiotic relationship where knowledge could be exchanged, skills could be honed, and the overall quality of ADR practice could be elevated on a global scale. 

    The international aspect was crucial; ADR is not confined by geographical boundaries. Disputes are increasingly becoming cross-border, and the laws and practices governing them are becoming more harmonized. Therefore, it was imperative that MediateGuru had a global reach, connecting professionals and young practitioners across more than 150 countries. This international dimension adds layers of complexity but also unparalleled opportunities for learning and growth. It allows for the sharing of diverse perspectives, methodologies, and cultural nuances that are incredibly enriching and eye-opening for anyone serious about a career in ADR. 

    Looking ahead, I see MediateGuru playing a multifaceted role in the future of ADR. First, as a catalyst for change, challenging the status quo and pushing for reforms in how ADR is perceived and practiced globally. Second, as an enabler, providing the tools, resources, and opportunities for anyone interested in ADR to pursue their passion and excel in their career. Third, as a thought leader, contributing to the global discourse on ADR, influencing policy decisions, and setting new benchmarks in practice and ethics. And finally, as a community builder, fostering a sense of belonging, collaboration, and mutual respect among ADR practitioners worldwide. In essence, MediateGuru aims to be more than just a platform; it aspires to be a movement that democratizes access to ADR education and opportunities, thereby playing a pivotal role in shaping the future of this ever-evolving field.”

    LicitElite focuses on enhancing legal skills and knowledge for young law students. How do you believe this platform can help shape the careers of aspiring lawyers, and what unique features set it apart from other legal education platforms?

    LicitElite is designed with the specific intent of nurturing the foundational skills and knowledge that young law students require to excel in their future careers. Unlike traditional legal education platforms that often focus solely on theoretical knowledge, LicitElite takes a holistic approach by integrating practical skill-building exercises, mentorship programs, and real-world case studies into its curriculum. We believe that the law is not just about understanding statutes and precedents but also about knowing how to apply this knowledge effectively in various professional settings. To that end, LicitElite offers a range of unique features such as interactive webinars with industry experts, hands-on legal research projects, and a peer-to-peer networking platform that allows students to collaborate and learn from each other. These features not only provide students with a comprehensive understanding of the law but also equip them with the soft skills needed to navigate the complexities of the legal profession. In essence, LicitElite aims to be a one-stop solution for aspiring lawyers, offering them the resources, guidance, and community support they need to shape a successful and fulfilling career.

    DiploTics focuses on grooming diplomatic and political skills for young people. Could you share some insights into the importance of diplomatic skills in today’s global landscape and how DiploTics contributes to this?

    In today’s interconnected and rapidly changing global landscape, diplomatic skills are more crucial than ever. They serve as the linchpin for effective communication, conflict resolution, and international cooperation. Understanding this, DiploTics was established to groom the diplomatic and political acumen of young individuals who are the future leaders and decision-makers. Our platform offers a unique blend of theoretical knowledge and practical exercises, including simulated diplomatic negotiations, crisis management scenarios, and policy analysis workshops. These activities are designed to instill a nuanced understanding of international relations, geopolitics, and diplomacy. Moreover, DiploTics provides access to a network of professionals and experts in the field, offering mentorship and real-world insights that are invaluable for anyone aspiring to make a mark in the realms of diplomacy or politics. In summary, DiploTics aims to be a catalyst in shaping competent, ethical, and globally-minded individuals who can navigate the complexities of the international stage with finesse and integrity.

    You’ve published extensively on topics related to human rights, international ADR, and geopolitics. What motivated you to delve into research, and how does your academic work complement your practical experience in ADR?

    My motivation to engage in extensive research on topics such as human rights, international ADR, and geopolitics stems from a deep-rooted commitment to contribute substantially to these critical areas. Holding an LLM in ADR has provided me with a robust academic foundation that complements my practical experience. Research allows me to explore the nuances and complexities of these subjects, offering a theoretical lens through which I can better understand and navigate real-world challenges. It also serves as a platform for me to share my insights and findings with the broader academic and professional communities, thereby fostering a dialogue that can lead to more effective and equitable solutions. My academic work and practical experience in ADR are mutually enriching; the research informs my practice, providing me with a well-rounded understanding of the issues at hand, while my practical experience offers a tangible context that adds depth and relevance to my academic pursuits. In essence, the synergy between my research and practical work in ADR enhances not only my own professional development but also contributes to the broader discourse on these vital topics.

    Your research on “Property Rights in Space and Analysis of India’s Future Space Law” was published in a SCOPUS-indexed journal. Could you provide a brief overview of this research and its significance?

    My research on, ‘Property Rights in Space and Analysis of India’s Future Space Law,’ published in a SCOPUS-indexed journal, addresses the complex issues surrounding property rights in outer space. The paper critically examines existing international treaties and conventions, such as the Outer Space Treaty of 1968, to understand their implications for both state and non-state actors in space activities. It also delves into India’s proposed ‘Space Activities Bill,’ evaluating its potential to encourage private sector involvement in space exploration. This research is particularly significant in today’s context, where commercial activities in space are on the rise. It raises essential questions about ownership, ethical considerations, and the role of national legislation in shaping the future of space exploration. The academic work serves to complement my practical experience by offering a nuanced understanding of property rights, a foundational issue that could become increasingly relevant in dispute resolution scenarios in space activities

    Finally, what advice would you like to give to fresh graduates who are just starting their careers in law and alternative dispute resolution, based on your extensive experience and accomplishments in the field?

    Embarking on a career in law and Alternative Dispute Resolution (ADR) is an exciting yet challenging endeavour that requires a multifaceted approach. Based on my extensive experience and accomplishments in the field, I have several pieces of advice for fresh graduates who are just starting their careers.

    Firstly, invest in continuous learning. The legal landscape is ever-evolving, with new laws, precedents, and technologies constantly emerging. Stay updated by reading legal journals, attending seminars, and participating in workshops. Don’t limit yourself to just the law; understand the socio-economic and political factors that influence legal decisions. This broader perspective will not only enrich your understanding but also make you a more effective advocate or mediator.

    Secondly, specialize but don’t silo yourself. While it’s beneficial to have a specialized skill set, especially in niche areas like ADR, it’s equally important to have a broad understanding of various legal disciplines. This multidisciplinary approach will make you more versatile and better equipped to handle complex cases that often involve multiple areas of law.

    Thirdly, networking is crucial. The legal profession is built on relationships. Attend industry events, join professional organizations, and don’t hesitate to reach out to senior professionals for advice or mentorship. Your network can provide you with invaluable opportunities and insights that you won’t find in any textbook.

    Fourthly, focus on skill development. ADR, in particular, requires a unique set of skills that go beyond legal knowledge. You need to be an excellent communicator, a keen listener, and a skilled negotiator. Practice these skills in real-world settings; offer to mediate small disputes, participate in moot court competitions, or volunteer at legal aid clinics. 

    Fifthly, embrace technology. We live in a digital age where technology plays a significant role in the legal profession. Familiarize yourself with legal research databases, case management software, and virtual communication tools. Being tech-savvy will give you a competitive edge.

    Sixthly, ethics and integrity are non-negotiable. The legal profession is built on trust, and your reputation is your most valuable asset. Always adhere to the highest ethical standards, whether you’re interacting with clients, opposing counsel, or the judiciary.

    Seventhly, be patient and persistent. Success in the legal field doesn’t come overnight. You’ll face setbacks, make mistakes, and encounter challenges that test your resolve. It’s essential to remain committed, learn from your experiences, and continually strive for excellence.

    Eighthly, contribute to the community. Whether it’s through pro bono work, academic research, or advocacy, find ways to use your skills to make a positive impact. Not only is this personally fulfilling, but it also enhances your professional standing.

    Ninthly, take care of yourself. The legal profession can be demanding, both mentally and physically. Make time for self-care, maintain a healthy work-life balance, and don’t hesitate to seek support when needed.

    Lastly, never stop dreaming big. Set ambitious goals for yourself and work diligently to achieve them. Whether it’s becoming a partner at a prestigious law firm, establishing your own practice, or contributing to landmark legal reforms, the sky is the limit.

    In summary, a career in law and ADR is a marathon, not a sprint. It requires a combination of education, skills, ethics, and perseverance. Equip yourself with these tools, and you’ll be well on your way to a fulfilling and successful career.

    Get in touch with Param Bhamra-

  • As a dispute resolution lawyer, I have understood that what a litigant desires the most is to be heard by an adjudicator and the arbitration proceedings conveniently affords that comfort to a litigant- Soumya Priyadarshinee, Advocate-on-Record, Supreme Court of India

    As a dispute resolution lawyer, I have understood that what a litigant desires the most is to be heard by an adjudicator and the arbitration proceedings conveniently affords that comfort to a litigant- Soumya Priyadarshinee, Advocate-on-Record, Supreme Court of India

    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 law? What motivated you to choose this career path?

    Prior to joining law school, my educational trajectory was fairly linear-small town CBSE schooling. I am a first generation lawyer. I decided to become a lawyer when I was just 13 years old. It was largely borne out of the urge to depart from the trend of making the stereotypical choices of either becoming an engineer or a doctor. Some of the credit also goes to the copious amounts of legal fiction which I read at that time.  However, all these years later, for entirely different reasons, the decision to become a lawyer seems more correct than ever.

    You have an impressive work experience, ranging from independent practice to working at various prestigious offices. How did your journey progress from your early career to where you are now?

    The seeds of my litigation career were sown through my law school internships where  I first learnt grasping legal propositions and delivering accurate legal research. Then, as a lawyer, being the youngest member of the team, executing the smallest of tasks with responsibility became a priority. Reading my corrected drafts several times to understand the shortfalls was a practice which has stood me in good stead. With time my drafts have evolved. As the years passed, my approach shifted from finding the correct law to finding the optimum solution for the client. The sweetest part came around the 5th year of my practice, when I started arguing before the Hon’ble High Court of Delhi. What seemed overwhelming in the beginning, slowly became thrilling and enjoyable. The feeling of having conveyed my case satisfactorily across the bar, is by far the most gratifying feeling for me; irrespective of the win or loss that follows.

    During your stint at the Office of Ms. Rukhmini S. Bobde, you handled criminal matters and intellectual property disputes, among others. How did these experiences contribute to your growth as a legal professional?

    Litigation is a nuanced craft. Working with Ms. Bobde, first as an intern and then as a lawyer has helped me immensely. Crystal clear instructions and  adherence to professional practices have been a good primer for me. For example, one can never expect a hassle free briefing session with her without having read the brief cover to cover. Similarly, remaining poised and attentive even in high pressure situations during court hearings is a core part of her arguing style which I have been able to imbibe.  The best part about working with her has been her inclusive way of teaching me. She would always ask my opinion about the possible outcome of a hearing or about the starting point of an argument. The deliberation that follows has taught me the difference between arguing a fresh matter for admission before the Hon’ble Supreme Court and addressing final arguments before an Arbitral Tribunal. In the former, identifying and pitching the best point of a case becomes cardinal. While in the latter, being lucid while marshalling facts is a must. 

    Your work experience at various law firms involved handling cases related to environmental matters, infrastructure disputes and mining regulations. How did you navigate through these complex and diverse legal areas?

    Every new kind of dispute poses a two-fold challenge. The first is to understand the law around it and the second is to get the technicalities straight.  Over the years, I have found that a thorough reading of the brief (however unfamiliar it may be) followed by a meticulous session with the clients who are experts in their fields, such as Engineers and Chartered Accountants etc. gives me good control over the brief. From this point, traversing through the law becomes simpler. Capturing the crux through written submissions seals the deal. This approach cuts across the different domains of disputes. 

    During your independent practice, you dealt with a diverse range of disputes, including public law matters and commercial arbitrations. Could you share some memorable experiences or cases that had a significant impact on your legal career?

    There are many. But one experience from March, 2023 is extremely bittersweet. I was representing a client for the very first time before the Hon’ble High Court of Judicature at Bombay in a case under s. 9 of the Arbitration and Conciliation Act, 1996. I had worked very hard. However, I somehow felt that my arguments did not meet the mark at all. And as my luck would have it, I also managed to get scolded by the Judge that day. The clients were present in court. I was disheartened. I even made the affidavits and the vakalatnama and sent it to the clients in anticipation of having to file an appeal. However, two days later, on the date of pronouncement, I was pleasantly surprised to know from the local lawyer that not only had the Judge decided partly in my favour but he had also praised me in open court. He in fact appointed me as an arbitrator in another matter. I was relieved and so was my client. Needless to say, more work has followed since, from that client.

    You have also lectured for educational organizations such as Law Sikho and Adani University. What drove you to take up teaching alongside your legal practice?

    I belong to a family of teachers which includes my mother and my grandmother. So, I think I have some natural inclination for teaching.  

    My stint at M.V Kini & Co, New Delhi had me working on the litigation portfolios of NHAI, BHEL, AAI and the likes. This acquainted me with technical nuances  of those industries such as the different kinds of Infrastructure Contracts including Engineering Procurement and Constructions Contracts, Build Operate Transfer-Annuity Contracts, Hybrid Annuity Contracts etc. As a result I was able to contribute with a mix of practical experiences and theoretical information while teaching. 

    Similarly, I am taking some classes for Law Sikho which caters to the aspirants of the Advocate-on-Record (‘AOR’) Examination. I just cleared this exam in December, 2022. The curriculum is fresh in my mind. Therefore, I decided to take up the opportunity to help out AOR aspirants.  

    Balancing a successful legal career and taking on outstation assignments can be challenging. How do you manage your professional commitments effectively?

    The challenges behind taking up outstation matters include getting used to the listing process and ensuring defect free filing. The style of drafting also differs. Similarly, when it comes to handling arguments, a new court and a new judge can be disconcerting in the beginning. But these are challenges that disappear sooner than they appear provided one is a keen observer and relies on a good local lawyer. I manage my professional commitments vis-a-vis outstation matters by appearing through video conferencing on non-effective dates, by maintaining my court calendar carefully and by collaborating with competent local lawyers. 

    Throughout your career, you’ve been involved in arbitration proceedings and mediation. Could you share some insights into the benefits of alternative dispute resolution methods in the legal system?

    As a dispute resolution lawyer, I have understood that what a litigant desires the most is to be heard by an adjudicator and the arbitration proceedings conveniently affords that comfort to a litigant. Additionally, the earnest effort of the parties, advocates, and arbitrators to dispose of the matter within a limited time frame augurs well. As judicial intervention is restricted and can be exercised only on limited grounds, the parties are much more likely to accept the arbitral award and save themselves from the seemingly endless cycle of appeals and revision etc.

    Mediation has also proven very effective, particularly for certain genres of disputes. Long years of litigation between family members on matters of property etc have an emotional cost. Thicker the tie, the harder it is to remain objective. However, when mediated effectively, I have seen parties settling old property disputes resulting in disposal of long drawn disputes. The same is true in Matrimonial disputes as well. I have attended many mediations in the Supreme Court Mediation Cell where often chequered disputes between estranged spouses end with a reasonable and dignified settlement. 

    Many fresh law graduates aspire to have a successful legal career like yours. What advice would you give to these graduates who are just starting their journey in the legal profession? What key qualities or skills do you believe are essential for their success?

    Success is a relative term and still seems elusive to me. Delivering my best on each and every opportunity has been my only priority. The two indispensable qualities that come in handy for a lawyer are humility and honesty. As rhetorical as it may sound, I feel with humility, one can identify and embrace one’s shortcomings and work on them effortlessly . With honesty, one can win trust and reliability. These eventually translate into valuable social capital. 

    As a successful legal professional, what are your future aspirations? Are there any particular legal areas or causes that you are passionate about and would like to focus on in the coming years?

    I wish to develop a career as an arguing counsel. Till that materializes, I am happy doing it all, namely arguing, drafting, filing, briefing etc. The core idea is to deliver quality legal services in every case.

    Lastly, could you share a personal or professional mantra that has guided you throughout your legal career and life in general?

    It is true that personal life and professional life tend to run hand in hand. But keeping the two separate is the test of a true professional. Having clinical objectivity towards my professional life has helped me protect and nurture it against the inevitable and sporadic turbulences in my personal life.

  • 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-

  • As a lawyer, it is our duty to guide the client as to the validity of such belief on the touchstone of prevalent law and to represent the client before any adjudicatory forum to the best of our capabilities- Arvind Thapliyal, Partner at P&A Law Offices

    As a lawyer, it is our duty to guide the client as to the validity of such belief on the touchstone of prevalent law and to represent the client before any adjudicatory forum to the best of our capabilities- Arvind Thapliyal, Partner at P&A Law Offices

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

    Sir, can you tell us about your journey and how you ended up pursuing a career in law? What motivated you to choose this profession?

    My journey towards pursuing law has not only been quite unexpected but also deeply influenced by personal experiences. Initially, as a science student, I was considering a career in engineering due to the IT boom as was going on at the time. However, after my class 12 exams, my father introduced me to one of his friends who happened to be a lawyer. This encounter sparked my fascination for law, and I decided to explore it further.

    To pursue my newfound interest, I joined Career Launcher to prepare for CLAT (Common Law Admission Test). The preparation period allowed me to delve into the world of law and understand its complexities and vastness. It was during this time that I realized the impact legal knowledge can have on people’s lives and how it can be used to resolve disputes and bring about justice.

    One significant motivator for me was a family dispute that my parents went through. Witnessing their mental struggle during that time made me realize the importance of legal expertise in navigating such challenging situations. I wanted to equip myself with the skills and knowledge to help others in similar circumstances.

    With this drive and motivation, I took admission in ICFAI Law School to formalize my legal education. I believe that my prior experiences and the impact of witnessing my parents’ struggle have shaped my determination to pursue a career in law. I am eager to continue learning and growing in this field.

    With over 13 years of experience, you have dealt with a wide range of legal issues such as civil, criminal, insolvency, contractual, and labor/employment disputes. Can you share some of your most significant cases or achievements that highlight your expertise in these areas?

    As a first-generation lawyer, I started my journey by gaining experience in the district court, where I was involved in inspections of various case files before different courts. This experience provided me with invaluable knowledge about the procedural aspects of the law and the different stages of any legal proceedings, which was crucial for a rookie like me. It allowed me to understand the nitty-gritty details of how the court system functions at Distt. Court level where more than substantive law, procedural law is crucial.

    After gaining some experience, I was fortunate to be exposed to both domestic and international commercial arbitration. This gave me the opportunity to be part of teams handling significant cases, such as a complex contractual dispute before the London Court of International Arbitration and a concurrent delay dispute in a construction contract before the ICC (International Chamber of Commerce). These cases required in-depth understanding of the applicable law (both governing and substantive) and expertise in handling complex legal issues.

    Additionally, I have had the privilege of working on various cases related to admiralty law before the Bombay High Court. Admiralty law deals with legal matters concerning maritime activities and maritime disputes. The case started with working for a release of a ship arrested due to non-payment of some dues, which we were successfully able to do in the shortest possible time. This experience has broadened my understanding of this specialized area of law.

    Furthermore, I have also worked on cases related to the Prevention of Money Laundering Act, 2002, The Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act 1999 and other criminal cases including ones involving the Central Bureau of Investigation (CBI) and Serious Fraud Investigation Office (SFIO). These cases required a comprehensive understanding of criminal law and the ability to navigate complex legal proceedings of both substantive as well as procedural law.

    Overall, my diverse experience in handling a wide range of legal issues, including domestic and international commercial arbitration, admiralty law, and criminal cases, contractual disputes etc., has equipped me with a well-rounded skill set. I believe these experiences have honed my legal acumen and prepared me to take on new and challenging cases in the future.

    I have also represented multinational conglomerates in various proceedings for effective implementation of an approved Resolution Plan under Insolvency and Bankruptcy Code, 2016. These proceedings included Writ Petitions, Company Applications, Arbitration Applications and Special Leave Petitions before various Forums.

    In the span of 13 years of my legal profession till now, I have conducted various cases and represented many clients before various forums. However, I am restricting myself here to the cases which are on top of my mind currently. 

    Your profile mentions your proficiency in handling arbitration and court proceedings. Could you provide examples of complex arbitration or litigation cases you have handled and the outcomes you achieved?

    Every case comes with its own unique issues and complexities, either factual or legal, wherein each party in its own belief considers itself to be right and the opposite party to be wrong. As a lawyer, it is our duty to guide the client as to the validity of such belief on the touchstone of prevalent law and to represent the client before any adjudicatory forum to the best of our capabilities.

    One example of a complex arbitration case I was involved in pertained to a derivative contract. At the time, the law in India regarding derivatives contracts was still developing, particularly concerning the validity of various derivative contracts under Indian law. This dispute required a deep understanding of the interpretation of the International Swaps and Derivatives Association (ISDA) agreement, which is an internationally recognized framework for derivatives contracts.

    As part of a legal team representing an Indian company, I had the opportunity to be involved in this arbitration before the London Court of International Arbitration (LCIA). It was a challenging case as we were face-to-face with renowned international law firms, dealing with intricate issues related to the applicability of Indian law intermix with English law, and its impact on derivative contracts governed by the ISDA agreement. This early exposure to English law and its interaction with Indian law proved to be an eye-opening experience for me.

    Subsequently, I had the privilege of serving as co-counsel in another international commercial arbitration before the International Chamber of Commerce (ICC). This case revolved around a concurrent delay issue, further expanding my exposure to international law and its practical application in resolving complex disputes.

    Moreover, I had the opportunity to represent a client in a highly controversial future contracts issue, which garnered significant attention and media coverage. This case ultimately led to appearances before various forums, including the courts of the Central Bureau of Investigation (CBI), the Prevention of Money Laundering Act (PMLA) court, and the Maharashtra Protection of Investors Deposit (MPID) court.

    These experiences in complex arbitration and litigation cases have not only sharpened my legal skills but have also exposed me to a wide range of legal forums and international legal frameworks. They have further fuelled my passion for representing clients and navigating the intricacies of the law in challenging and high-profile matters. 

    As a skilled mediator, what strategies or approaches do you use to successfully resolve disputes and reach favourable outcomes for your clients?

    As a skilled mediator, I believe that successfully resolving disputes and achieving favourable outcomes at least in mediation proceedings requires a focus and understanding of managing the people involved rather than solely focusing on the dispute itself. In mediation, it is essential to create an environment that fosters amiability and allows the parties to approach the dispute rationally.

    One key strategy is to address and satisfy the ego of the parties involved. Until allegations and blame games are set aside, tempers will likely escalate, and reaching a resolution becomes challenging. By acknowledging and understanding the emotional state of the parties, we can create a conducive atmosphere for effective mediation. It is crucial to empathize with their perspectives and put ourselves in their shoes, as this increases the likelihood of finding common ground and resolving the dispute.

    However, when the proceedings shift to a legal forum, such as arbitration or other formal legal processes, the approach changes. In those situations, the focus shifts towards applying the relevant law and assessing its applicability to the specific case. While legal proceedings require adherence to applicable laws, in mediation, the emphasis is on addressing the underlying interests and concerns of the parties to achieve a mutually agreeable resolution.

    In summary, successful mediation involves skilfully managing the parties involved by creating an environment that encourages open dialogue and rational problem-solving. Understanding the parties’ mindset and satisfying their egos can pave the way for productive negotiations. In contrast, legal proceedings rely on the application of law to determine the outcome of the dispute.

    Your career progression shows that you have worked with various law firms and represented clients before different courts and forums. How have these experiences shaped your skills and knowledge in legal drafting, case management, and client handling?

    Throughout my career, working with various law firms and representing clients before different forums has significantly shaped my skills in case management and client handling. During my early years in the profession, I had the opportunity to handle a diverse range of cases, including commercial arbitration at both domestic and international levels. Although initially, my access to client handling was limited, however, as I gained the firm’s trust and acquired more experience in the field, I gradually took on client handling responsibilities as well.

    This exposure to client handling provided valuable insights into understanding the mindset of clients and the challenges they face. Each client is unique and requires personalized attention in terms of their expectations, concerns, and preferred communication style. It taught me the importance of building rapport and trust with clients while managing their expectations throughout the legal process. Clients not only seek a favourable outcome but also expect a high level of professionalism, effective communication, and timely updates from their legal counsel. Additionally, I realized that the drafting requirements for each client vary significantly. Some clients prefer a simple and straightforward language, while others may prefer a more assertive or aggressive tone, depending on the nature of the case and specific circumstances. This understanding comes with experience and often involves a trial-and-error approach to find the best approach for each client.

    Furthermore, when I transitioned to a new law firm, I had to adapt my writing practices to suit the firm’s preferred style and meet client requirements. This adaptation was necessary for convenience, ease of review, and consistency within the firm’s established formats. In many cases, clients or firms prefer to adhere to a well-settled format, as it minimizes unnecessary changes and allows for efficient review processes. This expectation is not unreasonable, especially when there is a significant workload to manage and review.

    In summary, my experiences with various law firms and client representations have honed my skills in case management and client handling. It has taught me the importance of tailoring my approach to suit each client’s unique expectations and needs while also adapting to the practices and formats preferred by the firm. Flexibility, effective communication, and a client-centric approach have been key factors in providing quality legal services and achieving successful outcomes for my clients.

    The Insolvency and Bankruptcy Code (IBC) is one of your key competencies. Could you share some insights into your experience with IBC, including any major amendments or court precedents you have studied and applied in your work?

    Since 2018, I have had extensive experience with the Insolvency and Bankruptcy Code (IBC), which has undergone multiple amendments and continues to evolve. These amendments reflect the dynamic nature of the statute, addressing the evolving needs of stakeholders and providing clarification for the courts and parties involved.

    My journey with the IBC began when I was entrusted with handling a client that had successfully acquired a stressed asset under the provisions of the IBC. Despite the clarity available in law at the time, my client faced numerous challenges and demands during the implementation of the approved resolution plan. Through collaborative efforts with my team and guidance from senior partners, we navigated these challenges by presenting our arguments before various courts and forums across the country. This experience allowed me to understand the unique aspects and procedural nuances of different high courts, as I travelled to Allahabad, Bombay, Jammu, Odisha, Nainital, and others.

    One notable accomplishment during this journey was successfully challenging and defending a criminal prosecution of my client based on a recent amendment to the IBC. This resulted in one of the most recent high court orders (at the time) quashing the criminal prosecution against a corporate debtor that had been successfully resolved under the IBC. This order marked a significant development and showcased the evolving legal landscape surrounding insolvency matters.

    Additionally, I have also successfully challenged statutory demands based on the provisions of the IBC. By closely analysing the relevant provisions and aligning them with our client’s case, we were able to defend against these demands effectively.

    Overall, my experience with the IBC has provided me with valuable insights into its evolving nature and the challenges faced by stakeholders. Through handling complex cases and navigating various courts, I have developed a deep understanding of the IBC’s intricacies and the practical implications of its amendments.

    Throughout your career, you have represented diverse corporate clients. How do you effectively manage client relationships and ensure their needs are met while navigating complex legal matters?

    As already stated above, each client comes with a specific set of problems and expectations. Effectively managing client relationships while navigating complex legal matters requires a delicate balance of understanding the client’s perspective and expectations while providing candid advice and managing their expectations realistically. 

    Open and transparent communication is key. It is essential to be candid with clients about what approaches are feasible and what may not work within the legal framework. False hopes should be avoided, and instead, clients should be provided with a comprehensive understanding of the pros and cons of different strategies, enabling them to make informed decisions. Clients appreciate being involved in the decision-making process and having a clear understanding of the potential outcomes.

    Timely and regular communication is crucial in maintaining strong client relationships. Clients value being kept informed about the progress of their case, any developments, and upcoming milestones. Maintaining clear records and documentation ensures that both the legal team and the client have an accurate and up-to-date understanding of the case. This enables clients to have a comprehensive record of their legal matters and facilitates effective collaboration between the client and the legal team.

    Additionally, actively listening to the client’s concerns and objectives allows for a deeper understanding of their needs and enables the legal team to tailor their approach accordingly. Regularly seeking feedback from clients ensures that their expectations are being met and provides an opportunity to address any concerns promptly.

    In summary, managing client relationships in complex legal matters involves clear and honest communication, managing expectations realistically, providing comprehensive information about potential outcomes, maintaining timely and accurate communication, and actively listening to and addressing client concerns. By striking the right balance between understanding the client’s perspective and providing expert legal advice, client relationships can be effectively managed and successful outcomes achieved.

    Q8. With your extensive research skills, how do you stay updated with the latest legal developments, court precedents, and amendments? How important is it to stay abreast of these changes in your field?

    Staying updated with the latest legal developments, court precedents, and amendments is crucial for a lawyer to provide effective representation and advice to clients. It is important to be aware of changes in the law as they can significantly impact legal strategies and arguments in a case.

    Being up to date with legal developments allows a lawyer to understand the evolving legal landscape and adapt their approach accordingly. It helps in identifying new arguments or defense that may arise from recent amendments or court decisions. Conversely, it also ensures that outdated provisions or precedents are not relied upon, which could lead to embarrassing situations in court.

    In today’s digital age, there are various resources available to stay informed about legal developments. Social media platforms, legal news websites, and legal research applications provide prompt updates on important cases, judgments, and legislative changes. These resources offer convenience and accessibility, allowing lawyers to tap into them for relevant updates in their practice areas.

    Engaging in thorough research is a valuable tool for a lawyer. Researching and analyzing relevant case laws and precedents help in understanding different interpretations of the law and can strengthen the arguments put forth in a case. Additionally, discussing legal matters and exchanging knowledge with colleagues can broaden the information source and provide different perspectives on legal issues.

    In summary, staying updated with the latest legal developments, court precedents, and amendments is crucial for a lawyer to provide effective representation and advice. The availability of digital resources and engaging in research and discussions with colleagues help in staying abreast of such changes, ensuring that legal strategies are informed, current, and aligned with the most recent legal developments.

    Could you share a challenging case you encountered and the innovative solution you developed to overcome the legal risks and complexities involved?

    In one challenging international commercial arbitration case, the opposing party had made a demand for breach of contract wherein various transactions were executed between the parties. However, upon reviewing the agreements between the parties, we discovered a loophole. One of the agreements stated that the transaction in question would be subject to the law of the country where the entity was registered.

    Taking advantage of this loophole, we developed an innovative solution. We argued that the entire transaction should be deemed void based on the law of the country where the entity was registered, without delving into the nature of the transactions or the parties’ breach of obligations. Our argument focused on the interpretation of whether a transaction not mentioned in the list of valid transactions should be considered valid or whether the lack of inclusion in the list rendered it invalid.

    This case demonstrated the importance of thorough contract analysis and creative problem-solving in finding alternative legal arguments to support our client’s position. By identifying the loophole and developing an innovative argument, we were able to overcome the challenge posed by the opposing party’s breach of contract claim.

    Lastly, what advice would you give to fresh law graduates who are just starting their careers? Based on your experience, what key qualities or skills should they focus on developing to succeed in the legal profession?

    For fresh law graduates starting their careers, here are some key advice and qualities/skills to focus on developing:

    1. Gain Procedural Law Exposure: It is essential to have a good understanding of procedural law, as many litigations originate from district courts where procedural aspects play a significant role. Familiarize yourself with court procedures, filings, and the rules governing different types of cases. This knowledge will be valuable when handling litigation matters.

    2. Research Skills: Cultivate strong research skills, as they are the foundation of a successful legal practice. Learn how to efficiently find and analyse legal precedents, statutes, and relevant case laws. Being able to navigate through legal databases and stay updated on the latest legal developments will give you an edge in providing well-researched advice and building strong arguments.

    3. Perseverance and Industry: Consistency and hard work are crucial in any profession, including law. Embrace the challenges and setbacks that come your way and maintain a determined attitude. Success in the legal field often requires continuous learning, adapting to changes, and consistently putting in the effort to excel. Perseverance will help you navigate through tough times and emerge stronger.

    4. Effective Communication: Develop strong communication skills, both written and oral. Clear and concise communication is vital in conveying legal concepts, negotiating, drafting documents, and representing clients effectively. Practice and refine your ability to communicate complex legal issues in a way that is easily understood by clients and colleagues. One of my mentors always used to say, if you are not able to state the problem in less than 3-4 lines that means you have still not understood the crux of the problem which needs to be addressed.

    Get in touch with Arvind Thapliyal

  • Participation in competitions and conferences enhances the networking among likeminded professionals- Krusch Pathippallil Antony, Partner, Arbitration at King Stubb & Kasiva, Advocates & Attorneys

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

    What led you to pursue a career in law and alternative dispute resolution (ADR)?

    To be a part of justice delivery mechanism, and to uphold the constitution of India, I took law as a professional career. Peace-making efforts, and to build a global career, ADR is the best choice. Practising negotiation, mediation and arbitration, with the emergence of ODR is the path for professional advancement to me.

    Could you tell us about your educational background and how it has contributed to your career in law and ADR?

    I am a Law Graduate from Govt. Law College, Ernakulum, under the M.G. University, Kottayam, Kerala. Masters in Business Laws from NLSIU, Bangalore; and MA in Economics from GIPE, Pune. The mix of Economics and Commerce, as the base education, with further certifications in Arbitration / Mediation and Negotiations helped me to concentrate on commercial disputes and resolutions.

    You have been practicing law and ADR for over two decades. How has your experience evolved over the years?

    Over the years I gained more exposure in negotiations, conciliations, mediations and Arbitrations. The more exposures in Banking and Finance as a Corporate In-house counsel helped me to become a professional in Corporate Laws, Debt Counselling cum Mediations and Arbitrations.

    Could you explain your role as an Associate Arbitrator at the Chartered Institute of Arbitration (ACIArb), U.K? How has this position influenced your work in ADR?

    The association with CIArb helped to get sufficient exposure in International Arbitration, and more particularly as to writing of Arbitration Award. This helped me get enough confidence in handling Arbitrations, as a sole arbitrator, and ultimately to get branded as a dispute resolution practitioner.

    You are an accredited arbitrator and mediator at the Indian Institute of Arbitration and Mediation (IIAM). How has this accreditation impacted your career in ADR?

    The accreditation further helped me to get branded as a DISPUTE RESOLUTION EXPERT in the Indian ADR Market; and got associations with National Law Schools and Law Colleges, in various capacities like Guest Faculty, Judges for International Mediation , Negotiation and Arbitration competitions, conferences and symposiums e.t.c.,

    You have also been involved in several international law school competitions as a panel judge for arbitration and mediation. What motivated you to participate in these competitions, and what have been your experiences?

    Participation in competitions and conferences enhances the networking among likeminded professionals. Moreover, we understand the progress of the law and ADR through the young minds in law schools, and emerging practices in ODR & AI.

    As a partner at King Stubb & Kasiva, Advocates & Solicitors, you practice arbitration and litigation across three cities in India. What inspired you to establish this partnership, and how has it contributed to your work as a legal expert?

    Association with King Stubb & Kasiva, Advocates & Solicitors, opened the doors for practice of International and National Arbitration litigations of prominent corporates. Exposure through such association is unique and inspiring, and enhanced my legal expertise.

    You are a member of several ADR societies, including the Asian Institute of Alternative Dispute Resolutions (AIADR), Kuala Lumpur, and the Nani Palkhivala Arbitration Centre in Chennai. How have these societies contributed to your work in ADR?

    Association and membership with credible ADR institutions in India and abroad is crucial in developing ADR as a professional career, and I gained immense knowledge, information and networking through the same.

    You have completed several training courses in arbitration law and practice, including the Advanced Course on Arbitration & Mediation Procedure under WIPO Rules – WIPO Academy. How have these courses helped you grow as a legal expert in ADR?

    IPR and ADR is an emerging field with international scope in practice. WIPO Academy standards of ADR in the domain field of IPR is unique, and the ultimate course of global reputations; and further the course gives opportunity for international networking of IPR professionals and ADR Experts.

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  • Raghujeet Singh Madan- A Managing Partner at Lex Commerci, specializes in Litigation and ADR, seamlessly resolving complex legal issues

    Raghujeet Singh Madan- A Managing Partner at Lex Commerci, specializes in Litigation and ADR, seamlessly resolving complex legal issues

    This interview has been published by Tanmaya Sharma. The Interview was taken by The SuperLawyer Team.

    “Man with a silver spoon in his mouth” is what they say to a law student having a family with a law background. How hard was it for you to climb the ladder of success you achieved to your name?

    Not just the legal profession, in various professions, next-generation taking up the profession similar to their parents does get the benefit of the best education and are the beneficiaries of the family contacts and networks. Your parents’ experience and knowledge are great resources to learn from in your career. Having a family with a law background does provide you with a foundation. However, you alone have to build a robust structure upon the same with your knowledge, skills, and accomplishments.

    The common perception about the term “silver spoon kids” usually is, that they lead an easy and cushy life, are well provided, which ensures that they lead a life of entitlement and privileges. This perception is not correct. There is a huge pressure instilled, where you are constantly compared to the members of the family. 

    There is a beautiful quote I read somewhere which says – “Focus on doing, creating, and participating in your career in ways that tell the world you have credentials that are yours and not just an extension of your parents.” I truly believe in this. In my view, second or third-generation lawyers have immense pressure, and constant gaze, which leads them to be more deserving of respect, as there are fighting battles that the others may not be even aware of.

    I also faced challenges as a young lawyer. I have worked very hard to maintain and expand my client base, set up a law firm, to retain an effective workforce. There are issues to be dealt with on an everyday basis. However, this is a part and parcel of the satisfaction you yield from this profession. These challenges, in fact, now interest me, motivate me and I enjoy dealing with them. Therefore, even if you have a law background, your hard work, life skills, and virtues are what decide your growth. 

    Let’s start from the beginning – What prompted you to choose law? Was choosing law came naturally or it felt easy to adapt?

    Family undeniably influences the level and kind of education or training that their children achieve; the knowledge they have about work; the beliefs and attitudes they have to work, and the motivation they have to succeed. Most of this is learned unconsciously. Dinner table conversations did shape my belief about the meaning that my parents derive from the work they do. Fairly speaking, the decision to pursue law came naturally to me because of my family background but it never felt easy to adapt simply because of my background. I remember the first case I ever argued, my notes for the matter started from ‘my lord’ and ended at ‘obliged your lordship’. I wrote it down like a script, the pressure was real.  You learn new skills, concepts, and ideas every single day. Remember your career is a marathon, not a sprint. In an attempt to achieve too much too early, you should not lose your flexibility to adapt to situations and ability to embrace the lessons learned.   

    It has almost been two decades since you have started your independent practice. What do you think is the difference between the law profession right now and the profession a decade back? And, what all changes would you like to see in our Indian Law Profession?

    There is a lot of change in the legal profession over time. The use of technological advances has brought a paradigm shift. We have witnessed a movement towards unlimited use of legal research platforms. Technology has offered many practical solutions to automate work. A keyword search can sort documents in 1/10th of the time it took us physically a decade back.  The immense use of technology has also brought new or wider areas of practice such as cyber laws, intellectual property laws, etc. A well-working system of virtual courts that we all experienced during the COVID-19 crisis is another revolution in our profession. This also brings to us immense time saving and creates a potential to execute more work much efficiently. All this has brought an advantage to the young lawyers who are a step ahead in using the technology. Sadly, this is not realized by any of us. As against an age-old perception where the confidence of the client only rested with a senior and experienced lawyer, I see various clients who are satisfied and are more drawn to these young meritorious lawyers.

    Technology and globalization have also brought a radical change in the expectations of the client who expects not only legal delivery but a combination of legal, technological, and process expertise. Nowadays, most of our work is done online. It has its benefits. It allows us to work across borders, travel, and have an office on wheels, etc. Legal delivery is not just about lawyers anymore, it is about delivering legal services with strategies, innovation, collaboration, transparency, responsiveness, and accessibility. This is the reason that the law firms have gained popularity over the solo practitioners with the passage of time. Law firms these days provide a one-stop solution where you may find not only lawyers but also MBA’s and Technical Experts who offer a wholesome legal delivery to the clients. 

    There are still many unexplored areas of technology that can upgrade our judicial system further. Change is inevitable. In our profession, the pace of change has been accelerated by the economic downturn and a surge in new technologies. These changes are significant and permanent. The need of the hour is that we maintain a growth mindset and exhibit a willingness to experiment. Lawyers, who adapt and are proactive, using a growth mindset, can turn changing market drivers into opportunities.

    Raghujeet Singh Madan

    Have you encountered any young rebellious mind yet who positively challenges your litigation tricks?

    Yes, a lot of times, I have come across young professionals who are way vocal and expressive about what seems wrong, unacceptable, or unreasonable to them. It is good to be expressive and opinionated. However, young lawyers need to understand the balance between expression and disrespect. In our profession, there are no written rules which tell you how to conduct yourself in the courts. However, there are plenty of unwritten rules which can be understood well only by observing experienced professionals. A lawyer’s patience, presence of mind, and ability to maintain his/her cool is what makes the transition for the lawyer. 

    I remember an associate who told me that there should be fixed hours of working in a day which should not be more than 8 hours a day and 5 days a week. He termed anything more than this as ‘inhumane’. I expressed my agreement to his proposal but I told him that such agreement will be subject to you leaving aside expectations you had from working with me.  This profession requires a person to be switched “on” all the time. One mistake of yours may result in a client’s loss. Young lawyers need to manage their day properly but the one thing that young lawyers have to keep in their mind is that they have to work very, very hard. The initial years for young lawyers are the hardest but over time they get used to it and get better with time.
    Law is not an abstract practice. Irrelevant of how well someone does academically, at the end of the day lawyers work with people, on behalf of people, and the decisions that are made affect people’s lives. Life skills and people virtues are, therefore, indispensable for becoming a good lawyer. No law schools teach you that. It is the experienced professionals and real-time practice that can make a young lawyer learn all this. Young lawyers have the potential to generate new ideas, but they need to be directed properly by someone who has a lot of experience in the legal world.

    You have a team that often burns the candles at both ends, how do you find the perfect balance in being their boss and friend at the same time?

    “No matter how brilliant your mind or strategy, if you are playing a solo game, you will always lose out to a team.” This is a very powerful saying. A good team is built by individuals that passionately embrace the vision, believe their contribution is meaningful, and are motivated to give their best effort. I value and admire my team and we trust, respect, and support each other. Making out a time to regularly recognize, reward, and celebrate the team is as much a priority as work for me. I ensure that we sit together weekly for review meetings, be there for as many birthday celebrations as possible, and to give individual time to everyone.  It is up to you to find the balance between being friendly with your employees and being a leader to them. For me, it works to spend some good time with them without any ‘work discussion’, to listen and understand their problems, to help them, and to joke around with them.  

    You have two decades of strong and comprehensive legal experience in almost all sectors, which area, according to you, interests you the most and why?

    All the fields of Law have their charm.  There are a growing number of legal specialities and subspecialties that cater to almost every legal interest. My predominant area of practice is Infrastructure commercial disputes including resolution of such disputes through Arbitration. I won’t be able to say if I chose it deliberately or I got into it by default. Nevertheless, I thoroughly enjoy practicing it. The foremost reason for the same is that you learn not just law but also various business processes dealing with such disputes. For instance, while handling disputes about the building of national highways, you learn various engineering concepts and terminology and understand how large-scale highways are built and what impact it brings to the development of our economy. This is what I call a fulfilling experience of working which makes you wiser in a manner that no school or coaching class can do. 

    Raghujeet Singh Madan

    You are alumni of the Dickinson Law School, Pennsylvania State University, U.S.A. What core life-long values were inculcated in you during that period? And, what difference did you find in the Pedagogy in Indian Schools and abroad?

    I am grateful for my experience at Dickinson Law School, Pennsylvania State University, the  U.S.A not because it made me a better lawyer but because it exposed me to different types of people that helped me develop people skills.  It was the ultimate test in self-reliance, made me more organized, independent, and appreciative of every small thing I have. In so far as education abroad is concerned, you get a chance to become immersed in a different environment which enables you to see and do things you wouldn’t expect, and meet people who have grown up in a different culture. American law school experience is all about analysis and less about memorizing rules and statutes. The system focuses that the lawyers become problem-solvers through analysis of cases and defending with the correct reasoning. It cares less about the section numbers, the statute, or even the case name. However, it is not to say that the American approach works better than the Indian. Both pedagogy systems have produced excellent lawyers.   

    It would not be wrong to say that you are well-established in the legal profession. Do you want to share your success mantra with our readers?

    My foremost advice, which also concerns me a lot, is that young lawyers should make it a habit at a very early age to care for their health. To be a good lawyer, one has to be a healthy lawyer. Sadly, our profession is falling short when it comes to well-being. Exercise every day by cutting down the time you spent watching movies or web series, treat food as fuel, and meditate. This will not only improve physical health but also will make you strong to deal with the pressures and stress that our profession brings along. 

    Lawyers must be personable, persuasive, and able to read others. Learn people skills, be attentive, and be a good observer. Read a lot. It is an exercise for our mind and a healthy mind has a major role in leading you towards success. Also, a very important virtue of a successful lawyer is to inculcate Perseverance.  Perseverance is not a long race; it is many short races one after the other. Be consistent in your efforts. Failure will come and make you stronger if you remain consistent in overcoming them. 

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  • Bhaven Shah, Co-Founder, Presolv360, on entrepreneurship, technology and the future of dispute resolution

    Bhaven Shah, Co-Founder, Presolv360, on entrepreneurship, technology and the future of dispute resolution

    Bhaven Shah is a Chartered Accountant and has completed his law from Government Law College, Mumbai. He is the Co-Founder of Presolv360, which is India’s first homegrown cloud-based dispute management platform capable of preventing litigation, protecting people and businesses from adversities of disputes and resolving them through time-tested dispute resolution mechanisms. Bhaven has previously worked with KPMG in their M&A and tax litigation practice, R. K. Bothra & Co. and Ernst & Young in their tax and assurance practices, respectively. Besides, he has had varied experience before judicial and quasi-judicial authorities including the Supreme Court of India, High Courts of Rajasthan and Bombay, and the erstwhile insolvency boards.

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    I am no super-lawyer. I am just a super-believer. I believe in our youth and that gives me the drive, I believe in India’s growth story and that gives me reason and I believe in the values passed down by our great leaders that gives me confidence that I am at the right place – ‘India’, at the right time – ‘now’, and doing the right thing – ‘Presolv360’.

     

    PLEASE TELL US WHAT MADE YOU PURSUE LAW?

    Law came to me by legacy. My grandfather was the first in the family to come to the land of opportunities and dreams. Since then, Mumbai was the only home known to him and my entire family. Against all odds, he brewed roaring success in the textile industry and this success was compounded by my father. The business expanded but so did complexities. Opportunities increased but so did opportunistic individuals. The economy was growing but values were rapidly eroding. From property-grabbing to non-payment of dues, from trespassing to cheques bouncing, it became a usual occurrence for many of us. Practices and professions became sophisticated, but law and procedures remained unchanged.

    Crediting my sweet and sour experiences with litigation and courts, I decided to take the law into my own hands. Scratch that, I decided to take the fate of these disputes in my own hands. The only way to begin that was by pursuing law academically, and so I did. After completing my graduation from H. R. College of Commerce and Economics, Mumbai, I enrolled myself in the Government Law College, Mumbai.

     

    FROM LAW TO ENTREPRENEURSHIP, WHAT MADE YOU TAKE THIS LEAP?

    In a heavily-litigated personal matter, a Supreme Court Judge (now retired) said to me in open court “Son, your father started this case and your child will have to conclude it.” And these wise words came after 29 years (read 45% of the lifespan of an average Indian) of fighting tooth and nail in Indian courts. The harsh reality is that legal cases in India last a lifetime and have a propensity to wipe out all your resources, and I faced this first hand. I didn’t want to suffer in the future, I didn’t want others to suffer, ever, and so, it was time that India and her citizens were offered a solution that changed the way they insulated themselves from disputes and litigation. Something that was quick, economical, convenient and effective. With this in mind, Presolv360 was born.

    Disputes are inevitable and are inherent to the nature of humans. So, we re-imagined, re-engineered and radically improved the ‘approach’ to dispute management. In devising this approach, the founding team of Presolv360 tapped into all possible learnings and experiences, be it law, chartered accountancy, insurance, management and of course, encounters with realities of life.

     

    WHAT PROBLEM ARE YOU TRYING TO ADDRESS WITH PRESOLV360?

    The traditional dispute resolution mechanisms like courts are plagued with a number of serious problems. Where 19th-century laws still dominate dispute resolution, there is a need to provide 21st-century solutions to uproot these challenges.

    Statistically speaking,

    • Everyday 40,000+ cases are filed due to the absence of dispute prevention mechanisms.
    • Approximately 67% disputants do not even attempt an alternative before litigating.
    • 80,000 crores p.a. is lost due to court hearings and loss of business. This translates to 0.77% of India’s GDP and shockingly, this figure is without accounting for professional fees.
    • On an average, it takes 13 years for the final disposal of a civil case lodged in an Indian Court.
    • It is estimated that by the year 2025, there will be 6.19 crore pending cases and at the current rate of filing of new cases against the rate of disposal, it will take 587 years to clear this backlog.

    Believe me, these numbers are not an exaggeration. Let me ask the readers to ponder over three simple questions. If the answer to any is ‘yes’, they will understand the problem we address:

    1. Would you like to enjoy a life free from disputes, litigation, and courts?
    2. Do you want to secure yourself, so nobody drags you to court?
    3. If you have a dispute, would you not like to resolve it quickly, reasonably and efficiently?

     

    DON’T YOU THINK THE GOVERNMENT IS AWARE OF THE PENDENCIES AND IS UNCLOGGING THE OVERBURDENED JUDICIAL SYSTEM?

    Undoubtedly. When I first spoke about confidence provided by our leaders, that included our leaders in the profession as well as those in the government. Lok Adalats, infrastructure improvements, E-Court Mission, encouraging ADR, commercial courts, state and national litigation policies, etc. are long strides in the right direction.

    While I believe that India is in extremely capable hands, it is also important to understand that, for India to tackle this grave problem, a concerted partnership is required between all stakeholders – potential and existing disputants, governments, judiciary, professionals and facilitators like us. This will ensure that only those matters worthy of the courts’ attention and judicial resources will find a place on the docket, while the remaining are dealt with in a systematic, civilized and optimal manner. This way, courts can dispense justice, governments can govern, businesses can flourish, and the citizens can enjoy a stress-free life.

     

     

    WHAT IS YOUR VALUE PROPOSITION AND WHO IS IT FOR? WHAT IMPACT WILL YOUR SOLUTION HAVE?

    Presolv360 is a unique dispute management platform that blends technology, human expertise, and innovation to provide effective dispute prevention solutions, collaborative dispute resolution mechanisms, fast-track and cost-effective alternatives to courts and protection from uncertain outcomes and adversities. This makes Presolv360 the first of its kind across the globe!

    Our services include:

    1. PresolvReview: Preventing disputes is one of the key objectives of Presolv360. With PresolvReview, our expert will review your agreement from a dispute prevention standpoint and make suitable suggestions and recommendations so that you can enjoy a dispute-free relationship and a hassle-free life.
    2. PresolvSecure: This is a plan that secures you from adversities of disputes that arise in a contractual relationship. For a small annual fee, the parties can safeguard themselves from prohibitive costs, traumatic experiences, time-consuming processes and ruined relationships, and instead ensure a speedy and effective resolution by our empaneled experts, at no additional costs.
    3. PresolvDirect: We assist parties in resolving existing disputes (whether pending in court or likely to be submitted to the court), in a collaborative environment.

    At the centre of this, all is a seamless, integrated tech platform accessible from your desktops, laptops or mobile devices to ensures affordability, convenience, efficiency, and effectiveness. The beneficiaries of this system are unrestricted, be it individuals, businesses, institutions or even governments.

    This dispute management ecosystem will have a far-reaching social and economic impact.

    – From taking an average 13 years for disposal of a case, to collaboratively resolving a dispute within 3 months.

    – From expending lakhs of rupees in litigation to resolving disputes at a fraction of that amount.

    – From uncertain outcomes and irreparable loss to certainty of resolution and conserving resources.

    – From litigation ruining relations to safeguarding them … this is the impact of Presolv360

    We have also launched the ‘Presolv for All’ Project that extends the services of Presolv360 free of cost to weaker sections and low-income groups to ensure that we, as a community, can enjoy a litigation-free future.

     

    WHAT ALL HAS GONE BEHIND THE MAKING OF PRESOLV360 AND PLEASE INTRODUCE YOUR TEAM TO OUR READERS.

    The learning never stops, nor does the evolution of Presolv360 and its team. I can only give you a glimpse of the groundwork undertaken, and I can assure you that our efforts, to constantly improve by reflecting on feedback from our stakeholders and the incessant spirit of innovation, will never cease as it is ingrained in every member working at Presolv360.

    You may know that dispute resolution has its roots in the Vedic age and this has been entrenched in our village system. That’s where we began, our research and studies ranged from India’s gram panchayat system to international diplomacy, from traditional dispute redressal machinery to sophisticated global practices. After this theoretical escapade, it was time to understand contemporary challenges. We undertook an ‘Appeal for Change’ survey where we interviewed over a thousand people from different walks of life to understand all the facets of disputes. It is on this robust foundation that we built and designed the Presolv360 platform.

    Along with me, Namita Shah and Aman Sanghavi are the cornerstones of Presolv360. While Namita is a lawyer, chartered accountant and a CPA from the USA, Aman hails from the insurance and management background and is also a Certified Mediator from IICA, Ministry of Corporate Affairs. Presolv360 is guided by a distinguished Board of Advisors and Mentors comprising of

    1. Ashok Barat, former Managing Director, and CEO, Forbes and Company Ltd. He is currently on the Board of several listed companies and is passionate about making mediation the primary form of dispute resolution.
    2. Tanu Mehta, Legal Counsel, Mediator and Conciliator recognized by the Bombay High Court and is an MA in Conflict Resolution & Mediation from Tel Aviv University, Israel.
    3. Rajani Iyer has been designated a Senior Counsel by the Bombay High Court and is a Mediator with over 4 decades of experience in dispute resolution.

    Presolv360 is powered by a team of fifteen members (including six dispute resolution and legal experts) with an unbreakable spirit and the determination to change the way India and her citizens deal with disputes.

     

    HAVE YOU RECEIVED ANY RECOGNITION SO FAR?

    Presolv360 won the ‘Start-Up Excellence Award for Technology-Enabled Dispute Management & Redressal System’ at the Indian Startup Convention (ISC) 2018. The ISC recognizes those organizations and individuals who have changed or have the potential to change the face of their respective industry. We were also shortlisted for ‘Power of Ideas’ – India’s largest entrepreneurship program. Facebook, Economic Times, Department of Science and Technology, Government of India and CIIE, IIM Ahmedabad conducted this program and received over 6500 business ideas out of which 358 were shortlisted.

    The Presolv360 team has discussed the applicability and benefits of its services with officials from the Ministry of Commerce and Industry and the Ministry of Law and Justice, Government of India. Presolv360 is privileged to be recognised by the Ministry of Law and Justice, Government of India, as providers of dispute prevention and protection services, online dispute management, negotiation (online and offline), neutral evaluation (online and offline), mediation (online and offline) and is now listed on the website of the Department of Justice. Besides, Presolv360 has also been recognised as a qualified startup under the Start-Up scheme of the Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Government of India.

     

    HOW DID YOU GET THE MINISTRY TO RECOGNIZE PRESOLV360?

    The Presolv360 team made representations to the Ministry of Commerce and Industry and the Ministry of Law and Justice, Government of India. To our delight, the officials were extremely forthcoming, encouraging and provided us with insightful feedback. Following these representations, Presolv360 was listed on the website of the Department of Justice, as providers of dispute prevention and protection services, online dispute management, negotiation (online and offline), neutral evaluation (online and offline), and mediation (online and offline).

    ‘Startup India’ is a flagship initiative of the Government of India, intended to build a strong ecosystem for nurturing innovation and startups in the country that will drive sustainable economic growth and generate large-scale employment opportunities. From tax exemptions to self-certification, from credit and funding access to rebates in patent applications, this initiative is definitely a boost to the ‘ease of doing business’ objective. Presolv360’s application was accepted by the Department of Industrial Policy and Promotion since we are working towards innovation, development, and improvement of dispute management services with a scalable model and high potential of employment generation and wealth creation. If any of the readers satisfy the eligibility criteria, I would recommend they apply under the scheme and take advantage of the benefits of a recognised startup.

     

    WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS?

    We are all ordinary people until we master one extraordinary power – the power of choice. The choice to hold on or to let go, the choice to give up or to be relentless, the choice to follow or to lead, the choice to destroy or to rebuild, the choice to go to courts or ‘to presolv’ – choose wisely.

    You can get in touch with me at bhaven@presolv360.com and visit https://www.presolv360.com/ for more information.

     

     

  • Thomas P. Valenti, Chicago based Attorney, shares his experience on a career in ADR

    Thomas P. Valenti, Chicago based Attorney, shares his experience on a career in ADR

    Tom Valenti is a Chicago based conflict resolution specialist offering mediation, arbitration, and facilitation services and training, globally.

    A certified mediator, Tom has conducted numerous mediations involving civil, commercial, interpersonal and workplace matters.  He has mediated and trained extensively, both nationally and internationally, in jurisdictions all over the world.

    Tom is a member of several Bar Associations, including the American, Chicago, Illinois and Indian Bar, and is a co-founder and former Board Member of Mediation Beyond Borders.

    A member of the Chartered Institute of Arbitrators, Tom Valenti is also an Arbitrator on the Public Panel at FINRA and is an approved Arbitrator and Mediator for several governmental and regulatory bodies, including the Circuit Court of Cook County, The National Arbitration Forum and is on the Advisory Board for The Association of Mediation Assessors, Trainers and Instructors.

    Extensively trained himself in all aspects of dispute resolution, Tom’s accreditations include Conflict Transformation Skills Training, focusing on Systems Dynamics, ABA International Family Mediation Training including Hague Convention Child Abduction cases, Circuit Cook County Annexed Arbitration and Mediation Training Programs. Tom also holds a Mediation Certification at The Institute for Conflict Management and is a Board Member and Trainer at The International Academy of Dispute Resolution.

    In this interview we talk to him about:

    • Skills of a good mediator
    • Lacunae in the Indian ADR system
    •  Making a career in ADR
    • Online arbitration in India

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    I am an attorney, mediator, arbitrator, facilitator and trainer. I have been extensively trained in all aspects of Dispute Resolution. I am a former Board Member of Mediators Beyond Borders International (MBBI]. I have an interest in understanding the issues raised with cross-cultural disputes. I gave the Keynote Address on Interfa`ith and Multicultural Dialogue at the Dispute Resolution conference at the Ismaili Center, London, in May 2016. I organise and facilitate dialogues on multicultural issues. I believe that across time and cultures stories connect and can change people, and in that spirit, hosts Tenx9Chicago, a storytelling platform where true experiences are shared. My interests are enhanced by his work with The International Academy of Dispute Resolution (INADR), which is a charitable organisation set up to further the interest of mediation amongst law students globally. I have  judged and trained at numerous International legal, negotiation, arbitration, and mediation competitions. I have travelled to the UK, Dubai, India and Europe to train and teach courses in Negotiation, Mediation and Arbitration. I have been trained in Peer Mediation and have trained peer mediators. I have also acted as a consultant to “Online Peer Mediation Program” a platform for practising their peer mediation skills by participating in online peer mediation simulations with other students and their trainer

    I am also an organiser of the Global Youth Development Initiative, a mentoring program for international students.

    WHAT FACTORS LED YOU TO PURSUE A CAREER IN ADR?

    As a trial lawyer in Chicago, I always tried to maintain solid relationships with my adversaries. I was asked by my adversaries in the legal community in Chicago to mediate cases that they were working on. I found that I enjoyed the experience. After some time, I decided to get formally trained as a mediator. Eventually, I fully gave up litigating and now focus only on providing services as a neutral.

    WHAT IS THE SKILL SET TO BECOME A SUCCESSFUL MEDIATOR?

    Aside from the technical skills that we teach in mediation training, the most beneficial skill is to be a good listener, followed by having patience, being trustworthy and tactful.

    HOW IS MEDIATING A DISPUTE DIFFERENT FROM ARBITRATING A DISPUTE?

    In mediation, unless hired as an evaluative mediator, we do not recommend a solution or offer specific solutions. On the contrary, in arbitration that is the specific assignment undertaken.

     

    YOU ARE A MEMBER OF VARIOUS ARBITRATION AND MEDIATION ASSOCIATIONS ALL OVER THE GLOBE. HOW CAN ONE ACCOMPLISH THAT?

    Many of the associations are just fee-based memberships. However, to be on a “panel” or “board” you must demonstrate an expertise and skill level as well as some specific experience.

    YOU HAVE CONDUCTED ARBITRATIONS ALL AROUND THE WORLD. WHAT LACUNAE DO YOU FEEL IN ARBITRATIONS CONDUCTED IN INDIA? HOW CAN THE INDIAN SYSTEM IMPROVE?

    It is pretty well accepted that the Indian arbitration system needs to have some changes that result in expeditious hearings, prompt awards and a cost-efficient, fair process employed by the arbitrator. These are all teachable processes. It will come down to additional training, arbitral institutions, that create appropriate rules, arbitrators who will follow the rules and advocates and parties insisting on the fair application of all of this.

     

    IF I WANT TO BE A GREAT ARBITRATOR WHICH UNIVERSITY SHOULD I GO TO? WHICH COURSES WOULD YOU RECOMMEND?

    I am not sure any institution can create a great arbitrator. You need a sound legal background in commercial law, experience in arbitrating matters, and a fair temperament. Indian students have always been attracted to the Queen Mary & King’s in London, MIDS in Geneva is well respected, and any of the Ivy League law schools in the USA.

     

    CAN ONLINE ARBITRATION BE IMPLEMENTED TO A GOOD EXTENT IN INDIA? HOW?

    I am a fan of technology and believe that this offers the best opening for younger lawyers to take a foothold in a speciality. I do not think for long hearings that the entire process can be online, but there are many opportunities to use online tools for taking testimony, holding shorter pre- hearing matters and conferences.

    WHO ARE THE STALWARTS IN ARBITRATION THAT YOU FOLLOW?

    There are many excellent arbitrators. If forced to choose, and in the interest of gender equality I would suggest people track Gary Born and Jean Kalicki.

    HOW IMPORTANT IS LLM IF ONE WISHES TO PURSUE A CAREER IN ADR?

    In the USA, not at all because of our legal education system. In other countries where there is an abbreviated educational path to practicing law, comparatively, I think it has greater value.

     

    HOW CAN ANY STUDENT LOOKING TO PURSUE A CAREER IN ADR GET IN TOUCH WITH YOU AND ENROLL IN YOUR TRAINING CLASSES?

    I am very available, through the common social media channels, and can be reached by email at tpv@valentilaw.com

     

    HOW DO YOU KEEP YOURSELF UPDATED WITH THE LATEST ADR ISSUES, NEWS AND CASES?

    I am forever, on a daily basis, reading the latest news, case reports and journals. Also, I regularly attend legal seminars both in person and online. There is an endless supply of material for all of us to use to keep our skills intact and in pace with a rapidly growing part of the law.

     

    WHAT MESSAGE WOULD YOU LIKE TO SHARE WITH YOUNG LAWYERS AND LAW STUDENTS LOOKING FOR A CAREER IN ADR?

    I think you are on the proper path in pursuing studies in ADR. There is no doubt that these skills will benefit you in every area of law and in life as well. So take advantage of every opportunity to participate in moots and other competitions. Join ADR cells and encourage others to spread the awareness of ADR tools, not only in the legal profession but also in your communities. In a world that has made the cost of a dispute in terms of time and money unreachable to many, we as a legal community owe it to society to make justice more accessible, and ADR is one of the best ways to increase access to justice.