Can you share with us the pivotal moments and motivations that led you to pursue a career in law, from your academic achievements to your early experiences in the legal field?
Being born into a lawyer’s family, it was more likely that I would end up being a lawyer. However, apart from occasionally taking dictation from my father for his court matters, my exposure to law and litigation was quite limited. I was more inclined towards mathematics in school, which led me to pursue B.Com (Hons.) from Delhi University. My interest in law only piqued towards the fag end of my graduation when my interest in accountancy slightly waned. That is when I decided to join Campus Law Centre, Faculty of Law, Delhi University and study law. I truly embraced law only when I joined Luthra & Luthra Law offices after my graduation, where I got an opportunity to work on several high-profile disputes, connect with some of the brightest minds and occasionally enjoy five-star luxuries. Gradually, in the course of my journey, I have realised that a career in law apart from being a very effective vehicle for service to society, is equally remunerative and rewarding, and offers enough space and time to pursue other intellectual hobbies and interests as well. In hindsight, I feel I made the right decision to pursue a career in law as I could have never done a 9 to 5 job, or a regular government job. Being self-employed and creating job opportunities for others is very fulfilling and exhilarating at the same time.
You started your career at Luthra & Luthra Law Offices and then transitioned to independent practice. What were the key lessons you learned during your initial years in the legal industry, and how did it shape your decision to go independent?
Nearly a year that I worked with Luthra & Luthra was very rewarding and has stood me in good stead during all these years. It was there that I learnt to burn the proverbial midnight oil. On several occasions, after working the whole night, it would only be in the wee hours of the morning that I would come back home. Seeing the hierarchy of lawyers there classified as associates, senior associates etc., I realised that one cannot be in a secure environment for too long and the real challenge in law is to start independent practice. My father being a designated Senior Advocate also played a significant role in this decision. But he made it quite clear to me that your pedigree can only last you as long as you are able to satiate your clients and deliver results. Fortunately, quite early in my legal career, I understood that there are 100 lawyers pursuing 10 clients and that there is going to be stiff competition. And it is only sheer hard work that sets you apart from others. It also taught me to accept both good and bad with equanimity.
As an independent practitioner, you’ve worked on a wide range of cases, including arbitration, complex contract litigation, and various other areas of law. Can you share one particularly challenging case that tested your skills and knowledge and what you learned from that experience?
While there are many such cases and each case teaches you something new, I have a predilection towards my first case as an independent practitioner where I appeared before the Saket District Court and successfully argued a domestic violence matter filed against my client. I remember how I had gone fully armoured with three sets of case law and written notes of arguments and the other lawyers in the courtroom were quite astonished to see this level of preparation for an admission hearing, but that preparation kept me afloat and served me well. I was also commended by the learned Judge for my arguments who took me for a seasoned counsel. This experience taught me that no amount of preparation is too much and one should be fully conversant with the facts of the case supplemented by knowledge of the latest precedents on the subject. I cannot help but mention one of my first arbitrations in a tender matter for a PSU, which was one of the most fulfilling experiences in terms of the knowledge and skills that I acquired. More importantly, that case instilled a lot of self-belief and confidence in me. Another case close to my heart is one before the Orissa High Court where I resisted a petition for termination of the mandate of an arbitrator. I had to really think on my feet for that matter and pull a rabbit out of my hat. It is also true that every time you read a brief, you see a different angle to it and learn something new. Therefore, it is very important to read and re-read your brief.
Your involvement in the ‘ONGC vs. Afcons Gunanusa JV’ case was significant. Could you elaborate on the key aspects of this case and how it influenced your expertise in arbitration and the interpretation of the Arbitration & Conciliation Act, 1996?
The ‘ONGC vs. Afcons Gunanusa JV’ case was the consequence of looming uncertainty and opacity about the fixation of arbitration fees in ad hoc arbitrations in India. Though the Supreme Court in ‘NHAI vs. Gayatri Jhansi’ had upheld the agreement between the parties on arbitration fees as binding, no party dared to cross Lakshman Rekha of suggesting an appropriate fee to the Arbitrators. The Supreme Court finally laid rest to the fee conundrum in ONGC Afcons case and passed necessary directions on determination of arbitration fees; It particularly held that the Arbitral Tribunal does not have power to fix its own fees unilaterally and that the fees must be fixed at the inception of the proceedings to avoid unnecessary litigation and conflicts at later stage. This was truly a watershed case for me in many ways. The learning and lessons from assisting the then Attorney General for India, Mr. K.K. Venugopal, are for a lifetime; the opportunity of appearing before a Bench headed by the present Chief Justice of India and consisting of two future Chief Justices of India so early in my career; the satisfaction from intensive study, research and drafting and the sheer delight of participating in a landmark case is quite overwhelming. It taught me the single most important lesson- that a lawyer never ceases to be a student and it is essential to keep educating and updating oneself. More than the expertise in arbitration, it showed me how to develop command and competence in any branch of law.
You mentioned your academic background in commerce, which provides you with the ability to decipher complex financial statements and transactions. How has this background been beneficial in your legal career, especially in cases involving financial matters?
I honestly believe that background in commerce is helpful particularly when you are handling heavy stake arbitration matters. In any commercial dispute, there are two important aspects to the case: firstly, the party who is in breach and secondly, the measure of damages. It is the latter aspect, when you go into the proof and quantification of damages, i.e. financial claims, interest on capital, vouchers, ledger accounts, balance sheets, auditor’s report running into thousands of pages, that the knowledge of commerce comes in handy. I know quite a few brilliant lawyers who are not able to decipher basic P&L Account statements. I therefore recommend everyone to take a crash course in commerce, even if one has not pursued it at graduation level.
You’ve authored articles on a wide range of legal subjects. Could you share one article that you are particularly proud of and explain why it’s relevant in the legal landscape today?
Honestly, at the school level or college level, I never had any occasion or inclination to write any article. In fact, it was a very dear friend of my father-a retired bureaucrat, who motivated me to write even before I became a lawyer. He was editing a magazine in the early 2010s and gave me a platform to publish my articles. But out of the 25-30 articles that I have authored so far, it is very difficult to pinpoint one, yet I will pick my article ‘Suo motu cognizance: A panacea or a predicament?’ that was published in ‘Bar and Bench’ during the first wave of Covid. I honestly believe that this article continues to be relevant even today and ought to kindle more debate and discourse. I had received a great deal of appreciation for that piece of writing from many retired judges, senior counsels and colleagues.
Your experience involves working with various PSUs and handling different areas of law. How do you balance the diverse needs and legal challenges posed by your clients in the public sector, and what strategies do you employ to provide tailored solutions?
Dealing with PSU clients, as a matter of fact, is much more challenging than dealing with a private client and there are several reasons for this. In a PSU, there are various departments, namely marketing, finance, contract & procurement, HR etc. headed by a particular officer. At times, they are working at cross purposes unknown to them. If a dispute erupts against a contractor, all departments are interacting with the contractor speaking in different voices and tones; The process of harmonisation becomes a challenge. There is a vigilance angle in every case; you have to be doubly cautious while drafting pleadings for them. Unlike a private company, RTI applies to PSUs, any suppression or misstatement can land you in a soup. Remuneration is also meagre compared to private clients, but yet it is a delight to appear for PSUs because by and large the officers are upright, sincere and very well-educated and committed as well, although public perception is somewhat different.
Finally, what advice would you give to fresh law graduates who are just starting their careers in law? What skills and approaches do you believe are crucial for success in the legal profession, particularly in the context of your areas of expertise?
All that I would wish to say is that there is no substitute for hard work. I also maintain that a brilliant person may fail, but a hard working one can never fail. Proficiency in written and spoken English cannot be overemphasized. Of course, honesty and integrity are an absolute must, particularly when dealing with PSU clients. In a way, the legal profession requires no different skills than you would need in any other profession. It is hard work and honesty, coupled with a little bit of luck and maintaining level headedness and an affable demeanour throughout that will succeed.
You’ve had a unique upbringing in Dubai, UAE, with a family history deeply rooted in the Gulf region. Can you share how your family’s background influenced your decision to pursue a career in law, especially given your early exposure to your mother’s law office?
I am the fifth generation rooted in the Gulf. My mother, with over two decades of legal practice in Dubai, paved the path in law for our family. My initial aspiration was mechanical engineering, driven by a deep passion for automobiles. However, due to my physics grades falling short, this dream was not achievable.
The idea of me becoming a lawyer was uncertain by my family and friends, as I lacked the skill of argumentation and experienced stage fright on major school events. Despite these doubts, I decided to study law in India.
During my third year of law college, I began interning with an independent advocate, exposing myself to the courtroom dynamics, which gained my interest in the legal profession, particularly in Mumbai. This transition was challenging as I found myself having struggles equivalent to a first-generation lawyer in Mumbai, whereas people till date do look up to me as a second-generation lawyer.
You’ve worked on a wide range of legal matters, from property and municipal laws to consumer and society laws. Could you tell us about a case or project that you found particularly challenging or rewarding during your career so far?
Throughout my career, I’ve encountered various challenging legal cases, each case is unique in its own way. Cases representing a Promoter/Developer in an application under Section 11 of the Maharashtra Ownership of Flats Act (MOFA) before the District Deputy Registrar are challenging at times. These cases often presented intricate legal and factual complexities when opposing them. MOFA mandates a swift resolution within six months of filing, which can be very challenging at times as property laws, society laws and municipal laws have to be kept in mind. Section 11 applications under MOFA are conducted in a summary nature.
I vividly recall a last-minute briefing during the second lockdown, where I was assigned to represent trustees of a Public Trust in a matter listed before the Charity Commissioner the next day. The application sought suspension of trustees, and I requested a one-week adjournment. Despite the papers being voluminous and it not being an urgent matter keeping the pandemic in mind, the Tribunal granted time till the end of the day and kept back the matter, last on board. The bench felt that I shall prepare efficiently on such short notice. This wasn’t those types of matters where adjournments were sought by my clients or their erstwhile advocates.
When the matter was called out again, I strongly opposed and argued against the application for suspension of the trustees. As a result, the request for an interim suspension was denied and the order came in favour of the trustees.
That matter was challenging yet rewarding as today I am regularly briefed by the trustees before the Charity Commissioner and before the Hon’ble Bombay High Court.
Your work history includes being a Partner at Ajure Advocates & Co. and practicing independently. What led you to take on this dual role, and what advantages does it offer in your legal career?
Ajure Advocates & Co. is based in UAE which was founded by my mother. I manage the Firm’s operations in India. I decided to join the law firm to gain global exposure. I am working on attaining global presence.
There are several NRIs in the UAE facing legal concerns and disputes in India and it has been quite convenient for these clients to visit the UAE office and brief the lawyers there, who would further coordinate and brief me with their matters in India. This has proven to be quite efficient and also provided a level of confidence to the NRIs in UAE. This also works vice versa, as there are many clients here in India who have their branch offices of their companies or their properties in the UAE and other parts of the Gulf. They brief me with their legal queries and disputes for UAE and other parts of the Gulf.
Additionally, with regard to my work as an independent practitioner, my colleagues who either have independent practice or firm practice, brief me separately for their matters and I am thereafter able to attend to the same independently.
This dual role encourages connectivity on a global scale. During the pandemic, with the help of networking platforms and technology like Zoom, I got an opportunity to connect with lawyers all across the world.
As a legal professional with a focus on civil law and dispute arbitration, what strategies do you employ when helping your clients navigate complex legal disputes and reach favorable resolutions?
As a legal professional practicing in civil law and dispute arbitration, my primary goal is to always prioritize my clients’ best interests. In order to achieve this, it is necessary to hold conferences with the clients at the early stage of the dispute, to understand the specific outcome they require. Occasionally, during these conferences there is a disparity between the outcome expected by the client and the strategies advised by me. In such instances, it is important that I and my clients are on the same page. Ultimately, being on the same page with your clients is paramount in avoiding adverse orders.
After having conferences with the clients, I also hold brainstorming sessions with my team to determine the strategy, submissions and argument. While pleadings or written statements are being drafted, it is important to have the same drafted under instructions of the clients. I make it a habit to prepare written notes of submissions which includes dates and events in chronology form along with judgements relied. Written notes of submissions are quite helpful.
Additionally, credit also goes to the counsels appointed and my team of juniors who assist me in ensuring that the best outcome for our clients is achieved.
Your work history also includes a role as a junior counsel with various accomplished lawyers. How did these experiences shape your approach to legal practice and your eventual transition to becoming a Partner?
Every lawyer has a different and unique style of practice. Working with them has helped me grow as a professional. When you are a fresher, it is very important for you to find the right mentor and organization which can help you realize your abilities and nurture your potential in the profession. In fact, having the right guidance provides you with the confidence to make mistakes and learn from it in the process.
The seniors I had worked with were helpful. Needless to say, I learnt it the hard way which is best for the long run.
Practicing with an individual advocate not only boosted my legal knowledge but also helped me learn and understand how to operate your own firm. Working with a counsel was challenging when handling high-stakes matters or matters having issues on a law point where errors were not an option due to the close-knit legal community.
After working with such experienced seniors, it is not that I have become perfect in running my own firm or that I am a top notch lawyer today. I still make mistakes and am bound to make them. Today, at this juncture, being at this position, I learn from my own mistakes and make sure they are not repeated.
In your career, you’ve had the opportunity to appear before various legal bodies, from the Bombay High Court to the Debt Recovery Tribunal. Can you share some insights into the key differences and challenges you’ve encountered when practicing in these different forums?
Appearing before the Bombay High Court is different compared to appearing before the DRT, NCLT, District Courts, Family Court or Consumer Forum. A fresher can never start his practice directly before the Bombay High Court. Attaining experience by drafting, appearing and arguing matters before the District Courts and different forums is really needed. For instance, if you appear before the Bombay High Court in a matter pertaining to an Appeal from Order, challenging the impugned order passed by the City Civil Court, would be very difficult to practice it in the appellate side of the Bombay High Court unless and until you aren’t well-versed with the practice of District Courts. Similarly, matters before the original side of the Bombay High Court are of high stakes. Therefore, practicing before the Bombay High Court would not be easy until and unless and until you haven’t gained experience before the District Courts and different forums in conducting few matters.
When I started my practice with an independent advocate, I had the opportunity to appear before the District Consumer Disputes Redressal Commission. Gradually, I appeared before the State Consumer Disputes Redressal Commission. I further assisted my senior in one consumer complaint when he was arguing before the National Consumer Disputes Redressal Commission. Consumer Forums helped me gain confidence in my argumentation skills to appear before other Courts and Tribunals. Thereafter, I started with mentioning matters before the Bombay High Court after one year of appearances in District Courts and different forums which helped in increasing my confidence.
Finally, as someone with experience in personnel development and business administration within a law firm, what advice do you have for young lawyers and recent graduates looking to advance their careers and make a positive impact in their respective firms?
Law as a profession is very vast. Today, there are various law firms that have their specialization in different areas. Young lawyers can explore their opportunities depending upon their areas of interest.
Once associated with a law firm, avenues open to different sorts of exposure altogether. Working with their chamber colleagues ensures team work. This helps firms also as their clients are satisfied in the most effective manner.
My advice to young lawyers would be not to give up hope and just be patient even when things look bleak in their legal practice.
My advice to recent law graduates is to work hard, establish trusting professional relationships, and value ethics. The amount of time they give in this profession is their investment, which will give them great returns.
Law as a profession is growing. In the initial years, keep learning as priority instead of earning. Hard work always pays off.
Your journey in law has been quite impressive, with experience in various aspects of dispute resolution. Can you share with us what initially drew you towards pursuing a career in the legal field?
My journey into the legal field has been driven by a simple but unwavering passion. I am a first-generation lawyer, with no prior family ties to the profession. Despite not being the top student in school, I was determined to become a lawyer from an early age. Influenced initially by depictions in the media, I soon delved into the lives of real legal luminaries like Ram Jethmalani, Soli Sorabjee, and Shanti Bhushan. Convincing my father, who had reservations about the traditional image of lawyers, was a challenge. However, I explained the modern opportunities in law, from law firms to in-house roles, and he eventually supported my decision. In over six years of practice, I’ve never regretted my choice. Law has never been just a career; it’s been a transformative force. It has provided me with a new perspective in life, for which I’m profoundly grateful. To those considering a career in law, remember that it can open diverse doors and create a meaningful impact. Embrace your passion, work diligently and the legal profession may offer you a rewarding journey, as it has for me.
Over the years, you’ve gained expertise in Arbitration, Insolvency, Civil, Criminal, and Commercial Litigation. Could you tell us about a particularly challenging case you’ve worked on and the strategies you employed to achieve a successful outcome?
Upon completing my college education, I had the privilege to meet Mr. Manish Bishnoi, an established Advocate on Record. Although there were no immediate openings in his Chambers at that time, Mr. Bishnoi expressed his willingness to accommodate me in the future. Eventually, an opportunity arose when one of his junior associates departed, and he offered me a position in his Chambers. At that time, I was relatively inexperienced compared to most of my peers, but I was determined to learn and grow in the legal profession with my hard work and compassion. During my early years, I engaged in a wide range of tasks, including drafting applications, filing cases, and rectifying procedural issues. Mr. Bishnoi provided me with extensive dictations to help me grasp both the facts and legal nuances of each case. Over time, my confidence in drafting grew. One particularly challenging case that stands out from my early career involved the National Highways Authority of India (NHAI) and a dispute over a price escalation formula, which was litigated before the Hon’ble Supreme Court. NHAI had faced unfavourable outcomes in multiple Arbitral Tribunals, with Section 34 applications under the Arbitration and Conciliation Act dismissed, along with unsuccessful Section 37 appeals. NHAI then approached the Supreme Court via a Special Leave Petition (SLP). This case demanded extensive legal research, meticulous documentation, and countless late-night efforts. As a junior practitioner, I was responsible for reviewing case law, annotating relevant decisions, and preparing comprehensive compilations. The hard work paid off when the Supreme Court granted relief in the SLP, marking a significant victory for NHAI. This experience taught me the importance of diligence, thoroughness, and unwavering dedication in navigating complex legal matters. It reinforced my commitment to the legal profession and the pursuit of justice through meticulous legal practice.
From your work at different law firms, including your current position at Agarwal Law Associates, you’ve been involved in drafting pleadings, working with senior advocates, and appearing before courts. How do you manage the dynamic nature of court proceedings and the intricacies of drafting legal documents?
Embarking on my legal journey was an exciting challenge. From the outset, I was determined to learn and evolve as a lawyer. It’s important to acknowledge that a lawyer’s life is filled with demanding hours, often starting in court from 9:30 am and extending well into the afternoon, sometimes beyond. Following our courtroom commitments, we retreat to our offices or chambers to delve deeper into our cases.
In my case, before I start drafting, I adhere to a structured routine. I begin by thoroughly reviewing the Impugned order, the core of the legal dispute. I meticulously compile a concise yet comprehensive list of crucial dates, which serves as a foundational reference point. Once I have a firm grasp of the facts and have conducted extensive research on the relevant laws, I start to draft the petition.
Through my journey, I’ve come to appreciate that the List of Dates is akin to a legal compass; it guides the way through the drafting process, simplifying what can often be a complex endeavour.
You’ve also been a part of cases involving insolvency and bankruptcy matters. Given the complex legal landscape in this area, could you share some insights into your approach when dealing with such cases and ensuring compliance with the Insolvency and Bankruptcy Code?
In the initial years of my legal career, spanning until 2020, I hadn’t encountered a single Insolvency and Bankruptcy Code (IBC) matter. However, when I joined the Chambers of Mr. Nakul Mohta and Mrs. Misha Rohatgi Mohta, my very first assignment turned out to be an IBC case. Acknowledging the challenge, I fully immersed myself in the intricacies of the IBC and diligently studied the pertinent case laws in this specialized area. As I gradually grasped the foundational principles, my understanding of this complex subject deepened, and I can proudly say that I’ve played a role in several crucial judgments involving intricate IBC regulations.
This experience instilled in me a crucial lesson: the legal profession should never restrict itself to a single narrow field of law. Instead, we should remain open to exploring a diverse range of legal disciplines. While it might appear daunting initially, with unwavering dedication and a commitment to continuous learning through extensive reading and effort, any branch of law can become as intellectually stimulating and rewarding as the next..
Devansh, you’ve had the opportunity to work with various senior advocates and establish your presence in the legal community. Can you tell us about a mentor or experience that has significantly shaped your understanding of the legal profession?
I’ve had the privilege of working alongside prominent Senior Advocates who currently practice before the Hon’ble Supreme Court, including legal luminaries such as Mr. Mukul Rohatgi, Mr. Kapil Sibal, Dr. Abhishek Manu Singhvi and Mr. Shyam Divan, among others. What I’ve gleaned from these experiences is that each senior advocate has their unique approach to case analysis, and crafting a Briefing Note tailored to their preferences is essential. There is an abundance of wisdom to be gained from senior advocates, especially in their exceptional ability to bring depth and nuance to a case. On numerous occasions, these seasoned practitioners have unearthed critical points that may have eluded others.
The legal field is constantly evolving, especially with technological advancements. How have you incorporated technology and legal research tools into your practice to stay ahead and provide the best possible service to your clients?
Yes, technology has significantly permeated the legal field, and currently, physical files are virtually non-existent in my practice. I’ve transitioned entirely to digital files and documents. I must commend the efforts of our Hon’ble Chief Justice of India (CJI) in promoting the use of electronic devices, which has led to even senior advocates adopting iPads over traditional paper files. One noteworthy change worth mentioning is that senior advocates now request bookmarked and OCR (Optical Character Recognition) files instead of hard copies, a shift that has substantially reduced paper consumption. From filing to file service, everything in the Supreme Court has become electronic, and in my experience, nearly 50% of Supreme Court practitioners have embraced digital files.
Personally, I’ve become proficient in using software such as Adobe, PDF Expert and Liquid Text, enhancing my ability to read and manage files more effectively than was possible in the past. I recall numerous instances where case files spanned thousands of pages, making it exceedingly inconvenient to transport them to court. Now, everything is securely stored in the cloud, ensuring easy and instant accessibility.
Having recently cleared the Advocate on Record exam held by the Supreme Court, could you walk us through your preparation process and share any tips for aspiring lawyers looking to excel in their legal careers?
I recently cleared the Advocate on Record (AOR) exam conducted by the Supreme Court in December 2022. It was my first attempt, undertaken immediately after becoming eligible. Before delving into my preparation process, it’s important to provide some context about this examination.
The AOR exam is an annual exam organized by the Supreme Court. Simply put, passing this exam grants you the eligibility to file cases before the Hon’ble Supreme Court. Currently, there are approximately 3000 AORs. The exam comprises four subjects: Practice and Procedure, Ethics, Drafting, and Leading Cases. To pass, you must achieve a minimum of 60 percent marks in each subject. Typically, this exam is held in June each year. As it coincides with the start of court holidays in mid-May, candidates have approximately 25 days to prepare.
In the year I took the exam, there were no court holidays, leaving me with limited preparation time. However, if you are a regular practitioner at the Supreme Court, your need for extensive preparation is diminished. Most aspects, including procedures and leading cases, are already familiar to you. Your goal is to refresh crucial aspects of each subject so that key points are readily accessible.
The most critical element for success in this exam is your writing proficiency. The AOR exam is primarily a written test, and the time allocated is relatively short. Therefore, to complete the exam successfully, you must have legible handwriting and maintain a good writing speed. This skill is essential to effectively address the examination’s demands
Throughout your journey, you’ve navigated different law firms and areas of practice. What factors do you consider when choosing the cases or clients you take on, and how do you ensure a balanced workload?
In addition to my full-time commitment at Agarwal Law Associates, which is a prominent Supreme Court litigation firm, I have managed to handle practice of my private cases. Learning from initial mistakes, I’ve adopted a strategy of exclusively handling Supreme Court matters. This decision ensures that I can consistently meet the demands of my casework, as timely attendance at other courts might pose challenges. My principle is to prioritize the firm’s work above all else, reserving nights and weekends for my private matters. So far, this approach has proven effective without significant difficulties. In my view, the primary consideration in taking on a case is whether I can deliver complete and impeccable service. It is paramount that clients do not harbour doubts that someone else could have handled their matter more proficiently. I am committed to ensuring that every case receives the utmost attention and diligence, aimed at achieving client satisfaction and upholding the highest standards of legal representation.
Lastly, what advice would you give to fresh law graduates who are just starting their careers and looking to make a positive impact in the field of law?
The field of law is not merely a subject learned from textbooks; it’s a practical domain that relies heavily on common sense. Throughout my journey, I’ve been consistently reminded by mentors that there are no shortcuts in the legal arena. Success hinges on relentless hard work and unwavering consistency. To the fresh graduates embarking on their legal careers, I offer this advice to be diligent and cultivate a “Never Give Up” attitude. When commencing our journey as lawyers, we often remain unaware of the hurdles ahead. Many who start this journey may feel inclined to quit prematurely. Initially, compensation may seem meagre, and the workload demanding. You’ll hear from friends in other fields that they earn more while working fixed hours, leaving you questioning your choices. However, rest assured, these initial challenges are temporary. Every lawyer, including the most accomplished, has navigated through this phase. Believe me, this initial grind will ultimately pay off, and you’ll emerge as a proud and accomplished professional. As a fresh graduate, your ability to contribute significantly to your senior may be somewhat limited initially. However, here are some pointers to make your mark which I have gained through my experience:
A. Good File Management: Prior to the day of a hearing, thoroughly review the case file and ensure it is complete. In the case of digital files, confirm that they are well-organized with proper bookmarks and OCR (Optical Character Recognition) applied.
B. Legal Research Mastery: Invest time in researching relevant laws and creating a comprehensive case law compilation.
C. Efficient Note-Making: Create concise, organized notes with page numbers, enabling you to navigate the case file seamlessly. I vividly recall a situation where I had to brief a senior advocate at the last minute when my immediate senior was unavailable. My well-structured notes proved invaluable, allowing me to brief the senior advocate effectively. Ultimately, it’s essential to have a firm grasp of the case’s facts, supported by page and paragraph references. This meticulous approach will not only assist your senior but also elevate your standing in the legal field. Remember, the early challenges are stepping stones to a rewarding and accomplished legal career. Keep the faith, persevere, and you’ll emerge stronger and more resilient in the world of law.
Ma’am, please tell us about your journey and how you ended up pursuing a career in law, particularly in the field of international law and arbitration?
In school, I was head of the debating society and also part of the dramatics club. Obviously, I was fond of being the front and centre of anything to do with expressing and discussing ideas. I wanted to take that forward in my life. For a very long time, I was torn between journalism and law. But then I got to law school, and I just knew from the get go that this is where I wanted to be. Never looked back.
I don’t think it makes sense to jump right into international law or arbitration at the start of one’s career. You have to ground yourself in the practice of law in your home jurisdiction first, get your hands dirty, figure out what area of law you want to practice in, and how you want to practice. Are you into commercial disputes, or criminal law, or corporate transactions, or intellectual property? Do you want to work for a small firm, big firm, senior counsel? This is what I did. I worked with a law firm, then with a practicing advocate in the Delhi High Court. It took me a few years to identify with certainty that I was interested in commercial disputes, and I wanted to be where the hearing was, inside or outside of court. That’s when I went to Cambridge and studied public international law with a focus on international dispute settlement. After that, I worked at the Hong Kong office of the International Chamber of Commerce- Court of Arbitration, and later as a Tribunal Secretary in international commercial arbitrations / SIAC. I spent more than a decade slowly evolving into my chosen area of practice, which was international law and arbitration. In 2021, I felt I had the wherewithal to strike out on my own and set up my own practice. So I did.
You have an impressive academic background, including an LL.M. from the University of Cambridge. How did your time at Cambridge shape your career and interests in public international law?
More than anything, Cambridge taught me that intelligence is inter-personal. If you are truly intelligent, you will have the humility to accept that what you know is not everything, and knowledge comes from everywhere. From your classmates on a Sunday-morning-punting escapade on the Queens’ river, from discussions over coffee, from sport, from music. You must have the versatility to absorb knowledge from any source, and engage in discussions with anyone. That learning gave me immense perspective, and allowed me to look at the practice of law from an objective distance. I began to enjoy the discussion and study of public international law and dispute settlement without the trappings of competition and survival which are so ingrained in traditional systems of education. It helped me become a well-balanced professional, engaged in practice but also entertained by it, and gave me the tenacity to walk away from a bad day in court but keep coming back. More and more, I think the trick to succeeding as a professional is just being patient and consistent, which you can’t be if you don’t enjoy what you’re doing.
You have experience as both an advocate in India and a solicitor in England & Wales. How has this dual qualification benefited your practice, and what unique perspectives do you bring to the table?
Commercial disputes are becoming more and more trans-national, cross-border as the world is becoming more and more economically integrated. Being qualified to practice in more than one jurisdiction brings with it a comparative understanding of fundamental legal principles, for example, of contract, property law, constitutional law, etc. That enables a lawyer to provide more holistic advice in a dispute involving cross-border transactions. I think for a young lawyer looking to get into international commercial arbitration, a dual qualification is increasingly indispensable.
As the Founder & Head of Arbridge Chambers, could you share some of the highlights and challenges of establishing and managing your independent chamber practice?
I think the challenges are two fold, first, to find the conviction in what you know and what you can do despite what other people may think or say, and, second, to back up that conviction with all your resources. Your time, savings, energy. You have to put the cart before the horse and invest in research tools, human resources, networking etc. even before you can see the next big matter coming. If you are going to be scampering for these when the matter actually comes, it is already too late.
You have been involved in several international arbitrations as both an arbitrator and counsel. What drew you to specialize in this area, and what do you find most fulfilling about your work in arbitration?
In essence arbitration is just another method of resolving disputes. If one is interested in litigation and dispute resolution in general, then interest in arbitration follows as a natural corollary. What I enjoy the most is that arbitration has a clear structure, with enough time and flexibility to really get into details of the claims, evidence, matters of procedure. The outcome can genuinely be influenced by the manner in which claims are drafted, presented and argued. I find that very satisfying as a professional.
You havebeen involved in investor-state disputes on behalf of the Government of India. Can you share some insights into the complexities and nuances of handling such cases on a national level?
This is really the most enriching and glamorous part of my practice. Every piece of advice or representation for the GOI comes with the immense satisfaction of knowing that you are doing something which has an impact on a larger scale. But it also comes with immense responsibility. You have to be aware of the practicalities in the conduct of business and the sensitivities involved in government work when you present positions in an international context, and you have to be damn sure of what you are doing. I think being thorough and measured is very important when acting on behalf of a government entity in general.
One of your areas of expertise is infrastructure disputes. What unique legal considerations and challenges are involved in resolving disputes related to infrastructure projects?
It would be safe to say that infrastructure disputes are often bread and butter for an arbitration practice. They are big, complex disputes running into pages and pages of documents, and the trick is always to simplify. I usually start with a pen and paper and spend time chalking out the life of the project. Once that is done, the rest of the effort is to fit pieces of information in the overall story / flow of the transaction.
Over the years, you’ve been actively involved in various international arbitration organizations and committees. Can you tell us about the significance of such engagements and how they contribute to the development of the field?
Like I said, knowledge is inter-personal. It is important to engage with like-minded practitioners in the field, to learn from their experiences and strengthen networks. I don’t believe in being involved in everything all at once. It has always worked for me to find an organisation or committee that genuinely reflects my interests and my professional profile, and then figure out ways of being more involved in it.
As a member of the Global Steering Committee for Young Arbitral Women Practitioners and an Advisory Board Member of Indian Women in International Arbitration, what efforts do you think are crucial to promoting gender parity and diversity in the field of international arbitration?
The most important thing to do right now is to develop the network. Particularly in India, the community of arbitration practitioners itself is very nascent and upcoming, and the women practitioners are an even smaller grouping. Young women arbitration practitioners need to know that there are others like them, and that everyone is in the same boat, dealing with similar challenges. That in itself is likely to be a big source of strength and support for everybody involved. If we can also enhance visibility and work opportunities for members as we go along, that is a bonus. YAWP Steering Committee and the IWIA Advisory Board both have an amazing team of very dedicated and trail-blazing practitioners heavily committed to creating better networks and opportunities for women in arbitration. We are bound to succeed.
You’ve been a guest faculty at National Law University, Delhi, and have conducted courses on investment treaty arbitration. How important is it to impart specialized knowledge to young law students in this field?
I see teaching as a two-way street, having always walked away from a lecture with a question I never thought of, or a perspective I didn’t see. Plus, you have to stay abreast of new ideas. You can’t do that if you are only interacting with people at your level professionally. You see, I learn so much from students, it is hard to say I am the one imparting knowledge to them!
Lastly, what advice would you give to fresh graduates or young professionals aspiring to succeed in the legal industry, particularly in the field of international law and arbitration?
My advice to those looking to pursue arbitration is to start somewhere, anywhere, in a practice focussed on disputes, whether or not it is focussed on arbitration. You need to acquire the skills to be a disputes practitioner. You will get to arbitration eventually, even if you are not there today. Just keep at it. And while you are at it, value your colleagues, even people junior to you. These are the people who will be with you for the ride, and who are likely to help you when you really need it.
Ma’am, please tell us about your educational background and how you ended up pursuing law? What motivated you to choose this career path?
Prior to joining law school, my educational trajectory was fairly linear-small town CBSE schooling. I am a first generation lawyer. I decided to become a lawyer when I was just 13 years old. It was largely borne out of the urge to depart from the trend of making the stereotypical choices of either becoming an engineer or a doctor. Some of the credit also goes to the copious amounts of legal fiction which I read at that time. However, all these years later, for entirely different reasons, the decision to become a lawyer seems more correct than ever.
You have an impressive work experience, ranging from independent practice to working at various prestigious offices. How did your journey progress from your early career to where you are now?
The seeds of my litigation career were sown through my law school internships where I first learnt grasping legal propositions and delivering accurate legal research. Then, as a lawyer, being the youngest member of the team, executing the smallest of tasks with responsibility became a priority. Reading my corrected drafts several times to understand the shortfalls was a practice which has stood me in good stead. With time my drafts have evolved. As the years passed, my approach shifted from finding the correct law to finding the optimum solution for the client. The sweetest part came around the 5th year of my practice, when I started arguing before the Hon’ble High Court of Delhi. What seemed overwhelming in the beginning, slowly became thrilling and enjoyable. The feeling of having conveyed my case satisfactorily across the bar, is by far the most gratifying feeling for me; irrespective of the win or loss that follows.
During your stint at the Office of Ms. Rukhmini S. Bobde, you handled criminal matters and intellectual property disputes, among others. How did these experiences contribute to your growth as a legal professional?
Litigation is a nuanced craft. Working with Ms. Bobde, first as an intern and then as a lawyer has helped me immensely. Crystal clear instructions and adherence to professional practices have been a good primer for me. For example, one can never expect a hassle free briefing session with her without having read the brief cover to cover. Similarly, remaining poised and attentive even in high pressure situations during court hearings is a core part of her arguing style which I have been able to imbibe. The best part about working with her has been her inclusive way of teaching me. She would always ask my opinion about the possible outcome of a hearing or about the starting point of an argument. The deliberation that follows has taught me the difference between arguing a fresh matter for admission before the Hon’ble Supreme Court and addressing final arguments before an Arbitral Tribunal. In the former, identifying and pitching the best point of a case becomes cardinal. While in the latter, being lucid while marshalling facts is a must.
Your work experience at various law firms involved handling cases related to environmental matters, infrastructure disputes and mining regulations. How did you navigate through these complex and diverse legal areas?
Every new kind of dispute poses a two-fold challenge. The first is to understand the law around it and the second is to get the technicalities straight. Over the years, I have found that a thorough reading of the brief (however unfamiliar it may be) followed by a meticulous session with the clients who are experts in their fields, such as Engineers and Chartered Accountants etc. gives me good control over the brief. From this point, traversing through the law becomes simpler. Capturing the crux through written submissions seals the deal. This approach cuts across the different domains of disputes.
During your independent practice, you dealt with a diverse range of disputes, including public law matters and commercial arbitrations. Could you share some memorable experiences or cases that had a significant impact on your legal career?
There are many. But one experience from March, 2023 is extremely bittersweet. I was representing a client for the very first time before the Hon’ble High Court of Judicature at Bombay in a case under s. 9 of the Arbitration and Conciliation Act, 1996. I had worked very hard. However, I somehow felt that my arguments did not meet the mark at all. And as my luck would have it, I also managed to get scolded by the Judge that day. The clients were present in court. I was disheartened. I even made the affidavits and the vakalatnama and sent it to the clients in anticipation of having to file an appeal. However, two days later, on the date of pronouncement, I was pleasantly surprised to know from the local lawyer that not only had the Judge decided partly in my favour but he had also praised me in open court. He in fact appointed me as an arbitrator in another matter. I was relieved and so was my client. Needless to say, more work has followed since, from that client.
You have also lectured for educational organizations such as Law Sikho and Adani University. What drove you to take up teaching alongside your legal practice?
I belong to a family of teachers which includes my mother and my grandmother. So, I think I have some natural inclination for teaching.
My stint at M.V Kini & Co, New Delhi had me working on the litigation portfolios of NHAI, BHEL, AAI and the likes. This acquainted me with technical nuances of those industries such as the different kinds of Infrastructure Contracts including Engineering Procurement and Constructions Contracts, Build Operate Transfer-Annuity Contracts, Hybrid Annuity Contracts etc. As a result I was able to contribute with a mix of practical experiences and theoretical information while teaching.
Similarly, I am taking some classes for Law Sikho which caters to the aspirants of the Advocate-on-Record (‘AOR’) Examination. I just cleared this exam in December, 2022. The curriculum is fresh in my mind. Therefore, I decided to take up the opportunity to help out AOR aspirants.
Balancing a successful legal career and taking on outstation assignments can be challenging. How do you manage your professional commitments effectively?
The challenges behind taking up outstation matters include getting used to the listing process and ensuring defect free filing. The style of drafting also differs. Similarly, when it comes to handling arguments, a new court and a new judge can be disconcerting in the beginning. But these are challenges that disappear sooner than they appear provided one is a keen observer and relies on a good local lawyer. I manage my professional commitments vis-a-vis outstation matters by appearing through video conferencing on non-effective dates, by maintaining my court calendar carefully and by collaborating with competent local lawyers.
Throughout your career, you’ve been involved in arbitration proceedings and mediation. Could you share some insights into the benefits of alternative dispute resolution methods in the legal system?
As a dispute resolution lawyer, I have understood that what a litigant desires the most is to be heard by an adjudicator and the arbitration proceedings conveniently affords that comfort to a litigant. Additionally, the earnest effort of the parties, advocates, and arbitrators to dispose of the matter within a limited time frame augurs well. As judicial intervention is restricted and can be exercised only on limited grounds, the parties are much more likely to accept the arbitral award and save themselves from the seemingly endless cycle of appeals and revision etc.
Mediation has also proven very effective, particularly for certain genres of disputes. Long years of litigation between family members on matters of property etc have an emotional cost. Thicker the tie, the harder it is to remain objective. However, when mediated effectively, I have seen parties settling old property disputes resulting in disposal of long drawn disputes. The same is true in Matrimonial disputes as well. I have attended many mediations in the Supreme Court Mediation Cell where often chequered disputes between estranged spouses end with a reasonable and dignified settlement.
Many fresh law graduates aspire to have a successful legal career like yours. What advice would you give to these graduates who are just starting their journey in the legal profession? What key qualities or skills do you believe are essential for their success?
Success is a relative term and still seems elusive to me. Delivering my best on each and every opportunity has been my only priority. The two indispensable qualities that come in handy for a lawyer are humility and honesty. As rhetorical as it may sound, I feel with humility, one can identify and embrace one’s shortcomings and work on them effortlessly . With honesty, one can win trust and reliability. These eventually translate into valuable social capital.
As a successful legal professional, what are your future aspirations? Are there any particular legal areas or causes that you are passionate about and would like to focus on in the coming years?
I wish to develop a career as an arguing counsel. Till that materializes, I am happy doing it all, namely arguing, drafting, filing, briefing etc. The core idea is to deliver quality legal services in every case.
Lastly, could you share a personal or professional mantra that has guided you throughout your legal career and life in general?
It is true that personal life and professional life tend to run hand in hand. But keeping the two separate is the test of a true professional. Having clinical objectivity towards my professional life has helped me protect and nurture it against the inevitable and sporadic turbulences in my personal life.
Can you tell us about your journey and how you ended up practicing law with a focus on litigation and alternative dispute resolution?
My journey in the legal profession has been deeply influenced by the inspiring example of my father, an esteemed and hardworking advocate in his own right. Witnessing his dedication and success in representing clients from diverse backgrounds before the courts instilled in me a profound interest in litigation from an early age.
I believe my foundation in law was laid through observing my father’s work, engaging in discussions with him about courtroom strategies, and purely out of curiosity reading pleadings and cross-examination notes prepared by him. These formative experiences fostered a natural inclination towards litigation and reinforced my determination to follow in his footsteps and practice as a litigator.
During my time at law school, I pursued internships and opportunities that allowed me to gain hands-on experience in the world of litigation. One significant association was with the law firm M/s Shaunak Satpute & Co., renowned for its expertise in representing clients before various courts and tribunals. As an intern and later as an associate with this distinguished firm, I had the privilege of drafting pleadings, handling ancillary court documents, and independently arguing cases in front of the judiciary. The guidance and mentorship of Mr. Satpute, a seasoned legal professional, played a pivotal role in honing my skills and bolstering my confidence. I am immensely grateful for the platform provided by M/s Shaunak Satpute & Co., as it equipped me with the necessary skill set and fortitude to build a fulfilling career in litigation.
My journey as a litigator has been shaped by a passion for justice, a dedication to the legal profession, the invaluable lessons learned from my father coupled with the emotional urge to follow his footsteps and esteemed mentors and guiding forces like Mr. Shaunak Satpute, Mrs. Zia Mody and Mr. Farhad Sorabjee throughout my career.
You’ve had extensive experience representing clients before various courts and tribunals in India, including the Supreme Court and different High Courts. What attracted you to this area of law and how did you become involved in such diverse and complex cases?
Indeed, the allure of litigation lies in the profound opportunity to champion our clients’ causes and seek justice before the courts. I firmly believe that advocacy in the courtroom is the heart and soul of our profession, and it is this conviction that drew me to this area of law.
Litigation is akin to a captivating game of chess, where strategic thinking, extensive research, and meticulous preparation are paramount. The thrill of pleading one’s case before the court is matched only by the satisfaction of crafting compelling arguments and presenting them effectively. Each case presents its unique challenges, requiring a keen understanding of the law and a proactive approach to anticipate the opposing party’s moves.
After my tenure at M/s. Shaunak Satpute & Co., I had the invaluable opportunity to join AZB and Partners, a prominent law firm in India, where I had the privilege of working closely with Mrs. Zia Mody. This experience exposed me to complex and diverse litigations and arbitrations, including high-stakes disputes involving public trusts, international commercial arbitrations, and fiercely contested corporate disputes.
Under the mentorship of Mrs. Zia Mody, I honed my skills and cultivated a never-say-die attitude. Over the course of my six years at AZB, I had the privilege of representing clients in matters before the Bombay High Court and the Supreme Court of India. Several of these landmark cases resulted in reported judgments, which further underscored the depth and complexity of the matters I handled.
Followed by my stint at AZB, I have been working with JSA as their disputes partner for last eleven years where I have continued to handle and lead high-value and intricate cases before various Courts, and fora. At JSA I have had the opportunity of advising and representing diverse clients in arbitration proceedings both, domestic and international. This continued exposure at JSA has equipped me with the confidence and acumen necessary to navigate any challenge, no matter how intricate or critical. JSA has also provided me with the platform and independence to expand my practise in diverse areas of corporate & commercial disputes, as well as matters pertaining to Media & Entertainment law which include contentious matters pertaining to copyright infringements in cinematographic films, disputes pertaining to rights in a cinematographic film, legal opinions on copyright infringement, advertising standards, disparagement, advisory and documentation in relation to assignments of rights in a cinematographic film. This has shaped me into a seasoned litigator, capable of representing our clients’ interests with unwavering dedication and a commitment to excellence.
The field of law can be quite challenging and demanding. Could you share some of the most memorable or impactful cases you’ve handled throughout your career?
I must admit that the field of law is indeed dynamic and presents a constant stream of challenges. Throughout my career, I have had the privilege of handling numerous impactful cases, each with its own unique set of facts and complexities.
Among the most memorable and impactful cases was a dispute between two joint venture partners, which epitomized a classic shareholder’s dispute. This matter demanded urgent applications for interim relief, requiring my team to employ strategic foresight and navigate potential countermeasures. The late-night counsel conferences and rigorous internal discussions to chart the best course for our client were defining moments. Ultimately, achieving a favourable outcome in that matter remains a cherished and highly instructive experience for me as a litigator.
Another significant case involved a contractual dispute between our client, a renowned software company, and a formidable counterparty engaged in the travel and tourism business. The counterparty resisted the appointment of an arbitrator and opposed Section 11 proceedings all the way to the Supreme Court. The complex arguments presented by both sides during the Section 11 proceedings at the High Court and the Supreme Court culminated in reported judgments in favour of our client.
Adding a unique twist to the case, the arbitrator initially appointed by the Court on behalf of the counterparty recused himself, leading to the counterparty’s attempt to appoint an arbitrator of its choice after forfeiting its right to do so initially. My team successfully filed an application opposing this appointment, contending that the counterparty had relinquished its right and, given that the court had appointed the original arbitrator, only the court could appoint the replacement. This application, too, was contested vigorously before the High Court and the Supreme Court, ultimately resulting in a favourable judgment for our client.
These cases exemplify the essence of practicing law, where relentless dedication, strategic acumen, and profound legal knowledge converge to secure the best possible outcomes for our clients. I take immense pride in leading our firm’s talented team to handle such impactful cases and provide exceptional legal representation to our valued clients.
In your profile, you mentioned advising and representing clients in international arbitrations. How does the approach to international arbitration differ from domestic ones, and what are the unique challenges you face in cross-border disputes?
Here, I must underscore that international arbitration stands apart from domestic proceedings due to its unique complexities and considerations. When dealing with cross-border disputes, we approach the process with careful attention to the applicable law governing the contract and the rules governing the arbitral proceedings. Given that, wherever necessary, engaging a local counsel or law firm specializing in the relevant law ensures sound legal advice and accurate contract interpretation, enhancing the overall effectiveness of the representation.
One key distinction in international arbitration is the approach to discovery. The process of requesting and objecting to document production differs in form and practice compared to domestic arbitrations. Therefore, I along with my team adopt a tailored approach to address these nuanced aspects while representing our clients in international arbitrations.
Cross-border disputes present distinct challenges, notably the fixed time frames allotted for conducting cross-examinations and advancing arguments. Adequate preparation is essential, and we meticulously adhere to time limits for cross-examination of witnesses and oral arguments. To ensure optimal performance, we conduct mock trials in advance of the hearings.
Additionally, enforcement of foreign awards poses another challenge in cross-border disputes. My team remains vigilant in navigating the intricacies of enforcing such awards, employing our expertise to protect our clients’ interests throughout the process.
White-collar criminal proceedings and investigations are another significant part of your practice. What drew you to this particular area of law, and how do you navigate the complexities of representing clients in such cases?
My journey in the legal profession has been marked by versatility and adaptability. As a young litigator, I embraced the responsibility of handling both civil and criminal matters, as it was expected of me to be well-rounded in my practice. This early exposure to a diverse range of litigation mandates allowed me to develop a comprehensive skill set, enabling me to adeptly represent clients in various legal arenas.
In recent times, the boundaries between civil and criminal proceedings have become less distinct. Commercial transactions can often lead to disputes where parties find themselves embroiled in parallel civil and criminal proceedings. Consequently, my team and I frequently find ourselves representing clients in both civil and criminal matters arising from the same transaction.
Handling criminal proceedings and investigations demands agility and quick thinking. As we strategize, decisions must be made swiftly, always keeping in mind the imperative of minimizing risk exposure for our clients. Though it can be a demanding and sometimes stressful process, the adrenaline rush of navigating criminal cases is truly unmatched.
To successfully navigate the complexities inherent in criminal matters, we place paramount importance on understanding the client’s perspective and the transaction at hand. Formulating a clear strategy, including anticipatory bail or bail applications, becomes essential in such cases. We also ensure that our clients are fully informed of the merits of their case, based on the charges they are facing. Sensitizing clients to the realities of the situation and emphasizing the significance of cooperating with the authorities during investigations are vital aspects of our counsel.
When handling criminal matters for our corporate clients, we understand that certain criminal actions may be initiated as pressure tactics and may not necessarily warrant prosecution. Despite the frustration that may arise during such processes, I guide my clients through effective counter steps and actions to address these proceedings, always prioritizing their liberty and best interests.
Your media and entertainment practice involves dealing with copyright infringements, film rights, and advertising standards. What are some of the key issues and legal nuances that arise in this area, and how do you protect your clients’ interests effectively?
I happen to be acutely aware of the key issues and legal nuances that arise in this dynamic area of practice. Copyright infringement claims pertaining to film scripts, exclusive event photographs, and well-known trademarks, as well as cases involving comparative advertising, are among the prominent challenges faced in the realm of intellectual property. Over the years there has also been an increasing trend in matters concerning alleged copyright infringements at inter-office/corporate musical events.
To effectively protect the interests of our clients, we employ a comprehensive approach that begins with issuing cease and desist notices to parties infringing upon our clients’ IP rights. When necessary, we swiftly initiate appropriate legal actions seeking urgent ad-interim reliefs, which may include seeking injunctions or other forms of emergency relief. In certain cases, we also take recourse to initiating criminal proceedings under the relevant statutes to safeguard our clients’ rights under the trademarks act.
In addition to our vigilant efforts in enforcing IP rights, I provide strategic advice to clients on matters concerning comparative advertisement, ensuring compliance with the Advertising Standards Council of India (ASCI) rules. Keeping abreast of evolving guidelines on misleading advertisement, we counsel our clients on adhering to the most recent regulatory standards to minimize legal risks.
In a world where the media and entertainment landscape is constantly evolving, we pride ourselves on offering tailored legal solutions that safeguard our clients’ creative works, brand identities, and commercial interests.
Throughout your career, you’ve advised clients from various industries and regions. How do you stay updated with the ever-changing legal landscape, especially in the international arena?
As a dedicated legal professional, I recognize the imperative of continuous learning to navigate the ever-changing legal landscape effectively. Staying updated with the latest legal developments, both domestically and internationally, is a top priority in my practice.
To keep abreast of the dynamic legal landscape in India, I diligently monitor any amendments to statutes and the introduction of new legislative regimes. Additionally, I remain vigilant in tracking important judgments in my practice area, discussing them with my team to ensure we stay well-informed.
Furthermore, being aware of the latest trends and practices in various industries where I advise clients is essential. This knowledge enables me to offer well-rounded and strategic legal counsel tailored to their specific needs.
In the international arena, I would be remiss if I didn’t mention the multiple opportunities provided to me by my Partner Mr. Farhad Sorabjee to meet and interact with lawyers across international jurisdictions. I have been blessed to meet legal luminaries across the globe and speak in webinars and conferences on legal trends in these jurisdictions and build strong connections across borders. I also subscribe to newsletters and publications from reputable sources in various jurisdictions to maintain an up-to-date understanding of international legal developments.
As a seasoned practitioner, I firmly believe that continuous reading and learning are indispensable for any successful legal professional. The commitment to being a lifelong student of the law allows me to provide the highest level of legal representation to clients from diverse industries and regions.
Could you share a particularly challenging case you’ve worked on and how you were able to find a successful resolution for your client?
One of the most demanding and distinctive cases in my career involved a representative suit filed against my clients during the challenging period of the Covid-19 pandemic when the Bombay High Court was functioning exclusively in a virtual manner. This case was particularly notable as it was the first matter taken up for final hearing and adjudicated virtually by the Bombay High Court, entailing extensive volumes of pleadings filed online by both parties.
In this matter, two former employees of my client initiated a Representative Suit along with an Interim Application on behalf of 256 ex-employees before the Bombay High Court, seeking a stay on my client’s discontinuation of premium payments for medical insurance coverage. My team and I represented and defended the Company in these proceedings, which presented intricate legal issues involving the grant of mandatory injunctions and the application of promissory estoppel in India. Additionally, the court deliberated at length on the impact of the Covid-19 pandemic on the cessation of premium payments during an extensive online hearing.
The outcome of this complex case proved successful for our client. The Single Judge of the Bombay High Court dismissed the Interim Application, upholding our client’s position, and observing that while Covid-19 had indeed affected both individuals and companies, it could not serve as a ground to bypass the standard legal requirements for the grant of mandatory injunctions.
The ex-employees filed an appeal before the Division Bench of the Bombay High Court, which, too, was subsequently dismissed, affirming the favourable outcome for our client.
The proceedings of this case were marked by the unique experience of filing comprehensive pleadings online and conducting a final hearing of a complex matter virtually. The challenges posed by this novel approach to litigation underscored the adaptability and resilience of my team. Ultimately, the successful resolution of this case stands as a testament to our unwavering commitment to diligently represent our clients’ interests, even in unprecedented and challenging circumstances.
As a seasoned attorney, what are the most valuable lessons you’ve learned from your experiences in the legal profession?
Throughout my extensive journey in the legal profession, I have gained invaluable insights and learned several key lessons that have shaped my approach as an attorney. These lessons can be summarized as follows:
Patience and focus are essential virtues in the legal profession. Rather than seeking immediate results, I have learned the value of staying committed to the long-term goals of my clients, meticulously working towards achieving favourable outcomes.
In the dynamic world of law, learning is a perpetual process. Each case and every interaction with colleagues and mentors provide opportunities for growth and knowledge enrichment. I firmly believe that the willingness to learn and adapt is a hallmark of a successful legal professional.
Throughout my career, I have been fortunate to receive guidance from seasoned mentors. The wisdom imparted, whether through direct teachings or subtle corrections to my work, has left a lasting impact on my approach to legal practice.
Regardless of the nature of a court appearance or meeting, I have learned the importance of thorough preparation. Even when seeking an adjournment, being well-prepared demonstrates professionalism and respect for the judicial process.
As a legal practitioner, my primary duty is to my clients. I have learned to provide them with candid and honest assessments of their cases, ensuring that they have a realistic understanding of their situation and the potential outcomes. This approach fosters trust and enables clients to make informed decisions.
Considering your extensive experience and expertise, what advice would you like to give to fresh law graduates who are just starting their legal careers?
To the aspiring young law graduates embarking on their legal careers, I offer the following advice, drawing upon my own experiences in the field:
In the pursuit of a career in litigation, it is crucial to develop a strong foundation by learning the fundamentals of litigation practice. Familiarize yourself with the process of filing a matter, addressing office objections, and understanding court procedures. Embrace the basics, as they form the bedrock of your growth as a litigator.
Spend time in court observing experienced counsel argue their cases. Take note of the principles of law they cite, their approach to presenting arguments, and how they handle interactions with the judges. Observing seasoned practitioners will provide invaluable insights into the intricacies of court craft.
Entering the legal profession may seem overwhelming at first, as the practical aspects of litigation can differ from the theoretical knowledge imparted in law school. Be patient and recognize that success in this field requires perseverance and dedication. Embrace the learning curve, and with hard work and sincerity, you will gradually find your footing.
As you gain experience, strive to develop a holistic approach to litigation. Understand that legal practice is not solely about arguing cases but also encompasses diligent research, drafting persuasive pleadings, and mastering the art of negotiation and settlement.
Uphold the highest standards of professionalism and ethical conduct in all your interactions. Building a reputation for integrity and professionalism is essential for establishing a successful legal career.
The legal profession is ever evolving, with new laws and precedents shaping the landscape. Therefore, commit to lifelong learning and stay updated with legal developments to provide the best possible representation to your clients.
Sir, Please tell us about your role as the co-head of the International Dispute Resolution & Investigations Practice at Nishith Desai Associates? What are your main responsibilities and areas of expertise within the firm?
Thank you for reaching out. As co-head of the practice, I keep one eye on the development of the practice itself, which should always be aligned with the mission and vision of the firm, and the other eye on the day to day execution of client matters. This includes matters pertaining to cross-border disputes, internal investigations and, of late, matters pertaining to ESG advisory, especially in the domain of governance.
As a firm of the future, we pride ourselves on identifying industries and practice areas where we feel issues on the planet as well as other countries intersect with India. The logic is that any new technology developed will have an intersect with law, the regulatory system and the tax system of India and consequently, we like to foresee the impact of such new technologies in India well ahead of time. This requires significant amount of time and effort being invested in researching how the introduction of these new technologies will intersect with the laws of India.
You have extensive experience in handling complex matters, including Indian and international arbitrations. Could you share a notable case or challenge you faced and how you approached it to achieve your clients’ goals?
There are many such instances but the one case I think that stands out is where we, interestingly enough, advised the client NOT to file proceedings in India. We were advising a minority shareholder in a global business where a large portion of the business was generated in India, but the structure made it virtually impossible to initiate any proceedings in India.
Consequently, we thought out of the box and developed a strategy to ensure that our client could prosecute proceedings initiated by him in various other jurisdictions globally using data obtained from the Indian entity i.e. from the board as well as shareholder level.
The stakes were large enough to warrant a strategy that required patience and perseverance to play out, all without filing a single legal proceeding in India. Having said that, we were definitely doing global litigation management and working with the client’s legal team in various other jurisdictions to ensure that the commercial objectives were met. This case once again reminded us that today’s world is so small that what happens in one corner will have ramifications all over the place.
In addition to arbitration, you have advised on corporate and commercial laws, civil and constitutional matters, and criminal offenses. How do you approach these diverse areas of law and ensure that your legal strategies align with your clients’ business goals?
In the world of dispute resolution, it is important to understand that arbitration is merely the process undertaken. But in addition to the commercial dispute that is on top, there may be underlying issues that may have implications under corporate law, criminal law or even constitutional law. You will have to know and apply these laws to the case at hand and see how best to further the commercial interests of the client.
It is also important to spend enough time, listen to the client and understand how the dispute arose in the first place. Of late, we are seeing enough situations where initiating legal proceedings may not even be required. A formal mediation process is enough to help the warring parties bridge the gap. In most cases, a tempered and balanced approach may well suffice. In such cases, handling the client is even more critical. They should always know and be on board with the strategy that you are deploying.
Investigations involving issues such as internal fraud, anti-corruption, anti-bribery, and data privacy are also part of your expertise. Can you share an example of an investigation you conducted and the potential ramifications it had under the FCPA or UKBA?
The awareness about internal investigations in India has grown tremendously and it is good to see India Inc. developing policies and handling whistle-blower complainants in the right spirit. Having said that, we are all clear that there is still a long way to go. Investigations are generally of two kinds. The first kind pertains to employee related infractions where it is more of a fact-finding enquiry and the consequent issues that arise. The second kind of investigation is one where the issues have regulatory implications.
Laws such as the FCPA and the UKBA have extra territorial applicability and this means that an Indian subsidiary of a company incorporated in such a jurisdiction may well find itself on the wrong side of these laws. Some instance of an act taking place in India, where an errant employee has done something against the policies and training imparted, may well trigger a wide scale investigation and require self-disclosure to an authority somewhere else in the world. Compliance is critical. Should an issue arise, it becomes incumbent upon such companies to demonstrate the steps taken by them and remedial measures, if any, that are implemented.
You have been recognized as a Future Leader in the Who’s Who Legal Guide for Arbitration 2023 and have also received commendations for your track record in representing clients investigating improper conduct, whistle blowing, and other company law breaches. How do you maintain such high standards and ensure client satisfaction in your work?
We are blessed with a wonderful work culture and excellent colleagues. I’ve also had the good fortune to work closely and learn from the best.
Mr. Nishith Desai or Nishithbhai, as he is affectionately referred to by everyone, is a tremendous leader and encourages us is every possible way. He challenges our thinking and never hesitates to incorporate his international experience to develop best practices and next practices in the Indian context. Similarly, Vyapak Desai, Gowree Gokhale, Vikram Shroff are all rock stars in their own right. In addition, I’ve had the good fortune to work closely with global stalwarts like Zia Mody, Rajendra Barot and Shuva Mandal. When you have the opportunity to work with such legal luminaries, every moment is nothing short of a tremendous learning curve.
Every matter brings deep learning and when you have the benefit of such tremendous experience around you, you must open yourself up to learning by osmosis.
As part of the Asia Advisory Committee of the American Arbitration Association-International Center for Dispute Resolution, what is your role, and how does it contribute to your professional development and the field of international arbitration?
The legal profession is one which has given us a lot. where you must always look for ways to give back to the community. As dispute resolution practitioners at heart, we see that the courts are tremendously overburdened and need support through effective alternative dispute resolution mechanisms. Institutional arbitration is one such mechanism. It has the capability to help us resolve disputes effectively and rebuild the confidence to do business in India for global companies and investors. At the AAA-ICDR, the role is in an advisory capacity and geared towards understanding and growing the ecosystem of institutional arbitration for India. I find that serving on such committees allows us to participate, in some small yet meaningful way, in creating this infrastructure and option for building effective ADR mechanisms.
You have spoken at domestic and international conferences and conducted training sessions for in-house legal teams. Could you share a topic or experience from one of these speaking engagements that you found particularly impactful or rewarding?
Sahil: Rome wasn’t built in a day. Similarly, bringing about change in the legal profession by impacting its practitioners is an ongoing process. We must always encourage experience-sharing since this is the best way for the newer generations to learn. This is not new; even we learnt from the experiences shared by our seniors. These continue to guide us at each step of the way. Infact, speaking at conferences and training sessions is as beneficial to me as it is to the attendees. I find it particularly rewarding when some individual somewhere writes to me on LinkedIn or some other social media and reflects on a particular point that they learnt from our discussion, which they felt was useful to them somewhere. When that happens, you know you are making a positive difference.
Could you share any insights or observations regarding the changing landscape of business regulations in India or any significant trends you’ve noticed in international dispute resolution and investigations?
While India is doing very well on the global stage, there is a clear need to invest in the infrastructure of the judiciary as well as the procedural statutes that govern us. Enough has been said about how the judiciary is woefully understaffed for a country of our population but we must also pay attention to the fact that it is even the pay scales that are required to be improved. On the other hand, while we have the Commercial Courts Act since 2015, the fact is that it has not been implemented as envisaged. Even the Arbitration & Conciliation Act 1996 has gone through several amendments, some of which were arguably not even required. We’ve got some of the best legal minds on the planet in our midst; we just need to get them into a room and pick their mind on how the ecosystem needs to change quickly.
Lastly, With your expertise and experience, what advice would you give to fresh graduates who are considering a career in law? What skills or qualities should they focus on developing to succeed in this field?
Play the long game. I know we live in the world of immediate gratification, but the legal profession is one where the long game is the one where maximum knowledge, impact and wealth is created. I’d break it up into spending the student years getting maximum internships or paralegalships so as to maximize the experience quotient. Once a student graduates, a 2-3 year investment in themselves exploring different practice areas is becoming necessary. This will ensure that the appropriate career path is chosen and an individual, over a period of time, remains happy with their choice. Another key aspect is to be agile. The world is changing quickly and certain skillsets may very well become obsolete overnight. But experience is what one always holds in good stead. Its important to be agile in one’s career choices.
Can you tell us about your journey and how you ended up pursuing a career in law, particularly in litigation and arbitration?
Being born to a leading lawyer in a tier-2 city, the choice was clear with limited options to embark and explore. My interest in litigation developed in law school, primarily by participation in Moot Courts, while I took interest in arbitration in my 5th year of law school.
You have experience as lead counsel in domestic and international ad hoc arbitrations. Could you share with us a notable case or experience from your arbitration practice that was particularly challenging or memorable?
Arbitrations are born out of commercial contracts. One of the key aspects in arbitrations is to read and decipher the terms of the contract. The more prudent reading of the contract is expected to prevail. Recently, we successfully defended a claim of damages of Rs.350 crores against our Client POSCO-Steel. The terms of the contract appeared to be skewed but on threadbare reading the reciprocal obligations were found to be not fully filled. As a lawyer, every case is challenging and an add-on to one’s memory and of course makes the journey memorable.
As part of your role, you draft various legal documents such as pleadings, written submissions, and petitions. What are some key considerations you keep in mind when preparing these documents for arbitration cases or other litigation matters?
Every lawyer enjoys freedom to present the case. Speaking for myself, I prefer to keep my pleadings to the material facts and not dump voluminous bald statements or documents. Material facts are to be carved out by marshalling the facts, as presented by the Client. One of the cardinal principles that I follow is to not plead the law in the pleadings. Secondly, it is of paramount importance to not suppress the facts or documents even if they are not in favour of your client. Lastly, ensure that the client has disclosed all the facts without any judgment of relevance on such facts.
You have appeared before various tribunals and courts, including the National Company Law Tribunal, Bombay High Court, and National Green Tribunal. How do these appearances differ in terms of the skills and strategies required?
The fundamental difference between different fora is the law under which a person approaches. One of the aspects that I found was the lingo, language and communication to be different. The fora that you mentioned, in ordinary course, do not conduct full-fledged trials but are summary proceedings, so in that sense these fora are different from civil or commercial courts. Secondly, the time available to a lawyer to present his case in these fora is limited as compared to trial courts, therefore, precision is key. As a matter of skill and strategy, the stage of recording of
evidence is absent in these fora and the matters argued and decided on the basis of facts, as presented and the documents that are relied upon.
In addition to your contentious work, you also have experience in non-contentious matters such as providing strategy advisory and legal opinions. How does your approach differ when working on non-contentious matters compared to litigation and arbitration?
Non-contentious matters are not limited to advisories and opinions, it can include drafting of agreements, liasoning and compliance with regulatory authorities. The approach while drafting a strategy or an opinion, the primary focus is on the business of the client and to the extent possible, avoid potential litigation or non-compliance. Whereas, in arbitration the focus is on the claims already raised either to seek or defend depending upon which side one represents.
During your time at Reliance ADA Group, you were involved in strategic planning of litigation matters across the group’s businesses. Could you share an example of how you approached strategic planning and mitigating legal risks for a complex business case?
Litigations are planned sounds like cases are filed with malice, which is incorrect. Secondly, I was one of the juniors in the team of the General Counsel, and as a junior your role is to follow the orders. But I must say that I did get opportunities to be part of the team engaged in drafting Share Purchase Agreements, Shareholder’s Agreement. The exercise was to modify the corporate structure in compliance with regulatory requirements. One such work which I found interesting was to draft an Agreement of Sale for a yacht, for which I was exposed to a completely new regulatory and review Charter Agreements.
You’ve also worked as Counsel for Tata Consultancy Services in New York, primarily focusing on contract negotiation and drafting. What are some key challenges or considerations that arise when dealing with IT contracts, IT infrastructure, and BPO contracts?
IT contracts revolve around a variety of intellectual property and intellectual property rights (IPR). The challenge is always to ensure assignment of IPR that may be required and to put or negotiate a value. The second aspect is flexibility in licensing. The software is made available on license basis and to ascertain the limitations on the usage of the software under the license. During my time, the concept of SaaS i.e. software as a service was developing, but back to back service level agreements would provide uptime and backups in case of a glitch. Therefore, clauses in respect of indemnity and liability had to be drafted carefully.
As a foreign associate at Translegal LLP in Washington DC, you advised U.S. clients on investments in India and provided opinions on multinational business transactions. What were some of the unique challenges or cultural differences you encountered while working with international clients and navigating cross-border transactions?
I took up the engagement right out of college to understand and acclimatize the nature of transactions between business entities in India and the USA. One of the aspects that I observed was that the decision making process is completely different. US businesses go back to the drawing board only in case of a deviation or an addition, whereas Indian businesses go back to seek approval. When the transactions are both inbound and outbound, the time spent on the decision making process becomes vital.
With your educational background in litigation and international dispute resolution, how have your studies influenced your approach to resolving disputes and handling international cases?
The fundamental qualification of LL.B is the only requirement whether you are a lawyer or judge of the Apex Court. The other qualifications are only to accentuate one’s understanding of law or out of academic interest. Fortunately, for me, I pursued my post-graduate studies with emphasis particularly on litigation and international dispute resolution. During my LL.M, I got an opportunity to work as an intern on a case involving a ship that was registered in the Cayman Islands, fitted with a German engine that got spoiled during its voyage in Norway, and had a Chinese crew. The ship was insured by a US Company. I can only say this to convey the complexity of various entities. But as a student, I could observe how the approach to a dispute varies depending on the party making the claim.
Lastly, based on your extensive experience in the legal field, what advice would you give to fresh law graduates who are starting their careers or considering a specialization in litigation and arbitration?
I don’t claim expertise in my field except to continue to remain a student. My suggestion to my friends is that the key to flourish is to read. When I say read, I mean books that may or may not be related to law. During my consistent interaction with current law students, one of the dangerous trends that has crept in is to read and borrow mostly incorrect information from substandard books. This practice has to be curbed. Another aspect is to always, as much as possible, be aware of the developments that are taking place at the local and the policy level and form opinions and debate.
Can you tell us about your journey and how you ended up pursuing a career in law, specifically as a Dual Qualified Solicitor (England & Wales) and Advocate on Record?
My mother was a Civil servant who served both at the Parliament and the Ministry of Home Affairs. It was through her that I was introduced to the world of Legislation and law enforcement and the important role that they play in society. I also had the opportunity to interact with the then Attorney General, Senior Advocate Shri Soli Jehangir Sorabjee. That really sparked my interest in law and I decided to pursue it as a career.
After completing my studies and enrolling in the Bar I started my practice in the Supreme Court. As is the rule, all filings were done through an Advocate on Record and I had the opportunity to work with several very talented and inspiring advocates. This strengthened my resolve to appear for the AoR examination as soon as I was qualified and I was lucky enough to qualify in my first attempt.
As an AoR I represented certain clients who had business interests in the UK and occasionally had to deal with English Solicitors. I was fascinated by how far the English law had come since our independence and decided to qualify in their Jurisdiction so as to get a better understanding of it.
You have extensive experience in Privacy Laws, including GDPR and CCPA, as well as expertise in Crypto Currencies and Artificial Intelligence. How did you develop an interest in these areas of law, and what drew you to specialize in them?
I have always had a keen interest in technology. Through my education and practice I have been a witness to how and why technology outpaces legal developments and what the lack of effective guardrails can mean. These last couple of decades have redefined how we socialize, communicate, share/absorb information and take decisions. The more I engaged with technology the more I realized that a convergence of scientific developments, ethical considerations and legal boundaries are necessary to ensure that these developments are a boon for society and not its bane. The connections and sometimes, the tensions between Technology and law have not only become my profession, but my passion as well.
Could you share some of the notable cases you have handled, particularly those where you appeared and argued before the Supreme Court of India? How did those experiences shape your career?
One of the most impactful cases where I got the opportunity to argue before the Hon’ble Supreme Court was in the batch petitions challenging Aadhar linkage with various schemes and benefits. The manner and speed with which Aadhar was being linked with every facet of live for Indian citizens raised serious fears about the creation of a surveillance state. On 24th August 2017, the Hon’ble Supreme Court delivered a landmark judgement that declared privacy to be a fundamental right under Article 21, overruling verdicts given in the M.P. Sharma case in 1958 and the Kharak Singh case in 1961.
Another very interesting and impactful case that I was fortunate enough to act as an intervenor in a batch of petitions that sought legislation for the regulation of Crypto currencies and challenged an R.B.I. Notification whichbarred regulated entities (Banks and other regulated Non-Banking Financial Entities) from dealing with Crypto Currency entities before the Hon’ble Supreme Court. The R.B.I. had not taken any regulatory stance on Crypto Currencies and yet it effectively sought to scuttle the Crypto Currency industry by denying them access to banks. The Hon’ble Supreme Court was pleased to hold that the circular was a disproportionate restriction on fundamental rights, as RBI needed to show at least some semblance of any damage suffered by its regulated entities and there was none. The Court also held that there was no law that made dealing in Virtual currencies illegal.
In both these cases, I was blessed enough to appear alongside Industry stalwarts and the decisions of the Court renewed my faith in law and the independence of the Judiciary.
As a legal professional, you have advised companies, web/application developers on compliance with various data protection laws and regulation of Artificial Intelligence. What are some of the key challenges faced by organizations in navigating these complex legal landscapes?
Organisations all over the world will now need to develop a data protection/management and Artificial Intelligence strategy, especially given the pace with which these technologies and our reliance on them are growing. A lot of concerns arise from the lack of understanding about what shape regulation will take and how it will impact the development of these technologies.The fact is that there are no Internationally accepted rules for their regulation, there are certain laws such as the G.D.P.R and guidelines issued by the O.E.C.D but the fact is that legal regimes everywhere are adopting different and sometimes conflicting standards. Organisations also need to be wary of the fact that any mistakes involving the use of these technologies can substantially damage their brand value. It is time to start making substantial investments in R&D to address the issues of data protection, bias, accountability and transparency.
You have also provided guidance on data subject rights, reporting of data breaches, and dealing with regulators. What are some of the best practices you recommend for companies to ensure they handle data responsibly and maintain compliance?
The O.E.C.D. had in 1980 issued its “Recommendations of the Council Concerning Guidelines Governing the Protection of Privacy and Trans-Border Flows of Personal Data” containing the following 7 principles for protection of personal data:
Provide notice—data subjects should be given notice when their data is being collected;
Disclose Purpose—data should only be used for the purpose stated and not for any other purposes;
Obtain free and fair consent—data should not be disclosed without the data subject’s consent;
Maintain system and data security—collected data should be kept secure from any potential abuses;
Honour the data subjects right of disclosure—data subjects should be informed as to who is collecting their data;
Provide data subjects with access—data subjects should be allowed to access their data and make corrections to any inaccurate data
Be accountable —data subjects should have a method available to them to hold data collectors accountable for not following the above principles
These 7 principles have formed the bedrock of many international treaties such as the Convention 108 and national laws such as the G.D.P.R. There are, of course, many national rules such as those concerning Children’s data and other special categories of data such as Financial, Health and sexual orientation that must be complied with.
With your expertise in cryptocurrency and blockchain, you wrote a paper about the introduction of a Central Bank Digital Currency in India. Could you elaborate on some of the issues raised by such a digital currency and its impact?
A CBDC is the legal tender issued in digital form and is exchangeable one-to-one with government-issued money. In theory a CBDC could offer multiple benefits to users such as lower transaction costs and faster settlement times. However, there are several concerns that have not been addressed so far. The primary concern is that since the digital rupee would be programmable money, it could encompass features that were never really meant for a central bank. Some examples would include retail operations, surveillance over the citizenry and the power to introduce negative interest rates on accounts maintained with it. All this merits legislative and judicial oversight, not to mention the fact that a CBDC creates a centralised point of failure that could cripple the entire financial infrastructure in case of a hack, or even a simple system outage. The provisions of present laws were simply not drafted keeping in view these considerations.
Throughout your career, you have worked as both an in-house counsel and a litigator. What are some of the unique perspectives and skills you gained from these different roles?
In my experience acting as an in-house counsel makes one more focused on compliance and timely resolution of issues, preferably through means of alternative dispute resolution. It helps that you access to have better resources and more man power. You also learn to be quite proactive, identifying problems before they arise and resolving them and adopt a business focussed approach.
Litigation instils a strong sense of public service and gives you a more straightforward and cost-effective approach. It gives you more independence but also makes you more accountable. It can be quite daunting, but quite rewarding as well.
As a successful legal professional with a diverse background, what advice would you give to fresh graduates who are aspiring to pursue a career in law? What key skills or experiences should they focus on developing?
The most important advice I can give to any aspiring lawyers is to hone their research skills. This is an important and often overlooked part of legal education and initial years of practice. They must learn not to be limited to their text books, but must also read through judgments, legal journals and periodicals. This will empower them and give them enough confidence to conduct original research and write papers themselves, thus giving them invaluable domain knowledge.
Sir, please tell us about your journey and how you ended up pursuing a career in law, specifically in the field of dispute resolution and advisory services?
Law was not something that I planned to pursue. In fact, when I was in school, I wanted to join the Air Force and hence took up Physics, Chemistry and Mathematics as my subjects. However, I could not pursue that. Then the obvious choice was engineering, given my PCM background although I was not excited about the same. Having been an avid debater in school with a flair for writing, my friends and family used to joke about me becoming a lawyer someday. After a few discussions with my family, I decided to study law.
The journey has been full of ups and downs as with most of us. However, I have had the privilege of working with some fantastic lawyers who mentored me and helped me learn the ropes. I started back home in Srinagar in the trial courts which is the bedrock that I have built my career on. After spending little over a year in Srinagar, I moved to New Delhi and took up a corporate job. This was for two reasons – one was to get a flavor of something different than litigation and secondly, to be able to support myself while I found a decent chamber/firm which would take me. My focus, though, was always dispute resolution. In fact, in my college years, I interned only with Disputes teams. I have always loved litigation and arbitration right from my college days and that is where I always wanted to be. Further a lot of the clients that I represent include public sector undertakings which, apart from regular litigation and arbitration work, rely a lot on us to guide them in contract management and claims management which form a part of the advisory services. Advisory is not limited to only providing legal opinions but has many facets like analysing the merits of the case before initiating any form of Dispute Resolution mechanism, and sometimes dispute avoidance advisory etc. In fact, nowadays, advisory has become an important part of our work which no lawyer can escape from.
With over 11 years of experience in arbitration, construction disputes, civil commercial litigation, and other areas of law, what initially attracted you to these areas of specialization?
While I always knew that I wanted to be a litigation lawyer, I did not think of any specialisations. In fact, I still don’t think I have ‘specialised’ in any one stream of Dispute Resolution but certainly have done some types of matters more than others. The process of getting involved in arbitrations and construction disputes was very organic though unplanned. The team that I was a part of was involved in many high-stake construction arbitrations and that’s how I was introduced to this area of law. I was intrigued by the techno-legal aspects of these disputes which developed my interest further.
As a highly experienced legal professional, you have represented a wide range of domestic and multinational clients in various courts, tribunals, and arbitrations. Could you share some notable cases or experiences that have shaped your career?
Each case has taught me something new which had a huge impact on my career. However, there were few cases which were more challenging than others and required not only law related solutions but grasp of technical aspects as well. In this context, I would share the first case that I worked on where we were representing a very important Public Sector Undertaking which was tasked with developing the test tracks and related facilities in India. This case was unique for many reasons but most importantly this kind of work was being executed for the first time in India and the contractors had no prior experience in executing such contracts. Therefore, there were many issues ranging from scope of work to procurement to civil works etc and the claim amount was also huge. At the beginning, I had no clue about anything but as the time went on, I picked up things including the technical ones. I had a very supportive Partner that I was working with, and the clients were there to answer my queries as well. This was the case that drifted me towards infrastructure disputes and rest, as they say, is history. After observing my work for a couple of years, I was nominated by the Firm, that I was a part of at that time, to undertake a course on construction project management from RICS Academy which was very helpful in further understanding the deeper concepts of infrastructure projects.
You have advised foreign companies on their projects in India and represented them before arbitral tribunals and courts. What unique challenges or considerations arise when working with international clients and navigating cross-border legal disputes?
Advising international clients is always a different experience and comes with its own set of challenges. For example, when I was part of the China Desk at one of my previous offices, one of the major issues was the language barrier. It can be more challenging than we think. Then comes the difference in legal systems. It becomes difficult to explain how the courts work in India. Further, managing expectations is also a challenge like when they bring the knowledge of their legal systems and try to implement that in our system. One incident I remember is while I was advising a Chinese company in a case for recovery of some dues from an Indian company, the client asked if I could file an application seeking directions from the court that the debtor company’s promoter cannot fly business class, go to expensive restaurants or party in high end clubs until he has cleared his debts. It took a lot to explain to him that we do not file such applications in India. I must add that cross border arbitrations are smoother than litigation matters though. However, I strongly suggest that whenever an opportunity to work on a cross border dispute is presented, lawyers must take it up. This will give you an insight into the foreign legal systems as well as provide valuable experience of working with international clients which nowadays is required as the world continues to shrink into a global village.
In addition to your legal practice, you have also been actively involved in speaking at conferences, delivering lectures, and co-authoring legal publications. How do these activities contribute to your professional growth, and why is it important for you to share your knowledge with others in the legal community?
I believe it is imperative for all of us to share our knowledge with the younger generation of lawyers. Personally, I enjoy speaking to young minds at colleges and younger lawyers. They are full of energy and have so much to offer and the sheer passion in them is inspiring. They have a lot of brilliant ideas but lack the experience which is where an experienced professional can contribute to their growth. This also helps me in keeping up with what is happening in their world which enables me to be a better colleague specially to my younger colleagues. I also believe it is my way of giving back to the legal community, be it in the form of speaking at seminars, conferences or writing articles. I would strongly suggest my peers and other senior colleagues to dedicate some time every month to speak to some law students/younger lawyers and address their queries/concerns. Trust me, you will get more than you will give.
As a partner in IndusLaw, one of India’s premier law firms, could you tell us about your current role and responsibilities? What are some of the key aspects of your work that you find most fulfilling or challenging?
Response: Being a part of the Disputes team, my day is like that of any Disputes lawyer, i.e., courts, conferences, meetings, reviewing of drafts etc. Apart from the regular court work, as a Partner, you lead a team which looks up to you for your experience and guidance. So, guiding the team, helping them out and the overall management of the team form an essential part of the work. Different members of the team come with different experiences and skill set. So as a Partner, I must be conscious of the same and ensure that we take everyone along and provide proper guidance and help to the team members.
I think what I find most challenging and fulfilling at the same time is the work we do. When you help a client in resolving their issues, it is extremely fulfilling. I also feel happy when I see my younger colleagues taking on more responsibilities and doing well in the courts. The challenges aren’t different from what you would face at a chamber, for example., ensuring quality work while meeting the committed timelines.
Throughout your career, you have worked on a wide range of legal matters, from commercial litigation to mergers and amalgamations, infrastructure projects, and white-collar crimes. How do you manage such diverse areas of practice, and what skills or qualities do you believe are crucial for success in handling such complex cases?
Response: There is no shortcut or a fixed formula to be able to work on such diverse areas of practice. One of the most important virtues that one must inculcate is patience. It is not possible to achieve everything at the same time. Give it time. Take up one thing at a time. Give it your best and master it. Law practice is like a marathon and not a sprint. The required skills are, of course, the knowledge of relevant laws, ability to research and formulate the points in a cohesive and easy-to-understand manner, and good drafting skills. The good thing is that these skills are coachable, and you will have a lot of help to learn these skills. However, what you must have in addition to these skills are certain qualities, i.e., ability to work hard, integrity, and honesty. If you lack these, no amount of skill or knowledge would come to your rescue.
Given your experience in the legal field and your involvement in the Young IAMC Steering Committee, what advice would you give to fresh law graduates who are starting their careers? Are there any specific skills or areas of focus that you believe would be beneficial for them to develop?
ADR mechanisms like arbitration and mediation are now preferred modes of dispute resolution. However, there is a huge dearth of professional mediation practitioners in India as well as subject matter expert arbitrators which means that there are ample opportunities for the upcoming lawyers to take up these areas and eventually become experts in them. Mediation is different from litigation as well as arbitration as it requires shunning the rigid ‘win or lose’ mentality which the younger lawyers who have a very fertile and open mind can do quicker as compared to lawyers like me who have been in the profession for some time now. My advice would be to take these subjects seriously in college, go for training wherever possible, take up internships which focus on ADR mechanisms, write papers which would help them understand the subject better.
Like I said earlier, law practice is like a marathon and not a sprint, so do not get disheartened if you don’t have a certain number of internships, paper publications, moots, MUNs etc on your CV. Work hard and be honest. Be critical of yourself but don’t be harsh on yourself. Also, please reach out to your family, friends, and mentors to discuss your concerns. Sometimes, the problems facing us seem big only because we perceive them as such. Therefore, it is necessary to communicate regularly and not the pressure of finding a job, getting a PPO etc get better of you. I understand these things are extremely important but your health – both mental and physical – comes first.
Thank you once again for giving me this opportunity to share my thoughts with your readers. I wish the SuperLawyer team the very best.
