Super Lawyer

Tag: Arbitration

  • To succeed in litigation and real estate law, you need to have a deep understanding of the legal principles and procedures that apply to these fields- Murtaza Kachwalla, Partner at Argus Partners (Solicitors & Advocates)

    To succeed in litigation and real estate law, you need to have a deep understanding of the legal principles and procedures that apply to these fields- Murtaza Kachwalla, Partner at Argus Partners (Solicitors & Advocates)

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

    As a conversation starter, could you please tell us about your background and how you developed your expertise in commercial and property-related litigations?

    I am born and brought up in Mumbai. I studied law at Government Law College at Mumbai and started interning at Mulla & Mulla & Craigie Blunt & Caroe in my 2nd year of law. During my internship I worked on several commercial and property related litigations. After I graduated, I moved firms and continued to work commercial litigation matters. I also do a fair amount of real estate matters. I have had the privilege of assisting great seniors who were experts in commercial litigation and property related matters and thereby gained a fair amount of experience in litigation and real estate matters.

    What do you think are the biggest challenges facing corporations and individuals in litigation today, and how can they navigate them successfully?

    There are several challenges that corporations and individuals face in litigation today, some of which include:

    1. Cost: Litigation can be incredibly expensive, with legal fees, court costs, and other expenses. This can be a significant burden for both individuals and corporations.
    2. Time: Litigation can take a long time, often stretching on for months or even years.
    3. Risk: Litigation also carries a significant amount of risk, as the outcome of a case can be unpredictable and can have long-lasting consequences for both individuals and corporations.

    To navigate these challenges successfully, individuals and corporations should consider several strategies:

    1. Manage costs: While litigation can be expensive, there are steps that can be taken to manage costs, such as negotiating legal fees, using alternative dispute resolution methods etc.
    2. Be strategic: Developing a clear strategy for the case can help individuals and corporations manage their time and resources more effectively and increase their chances of success.
    3. Communicate effectively: Open and transparent communication with legal counsel can help ensure that everyone is on the same page and can work together more effectively to achieve the desired outcome.

    You have also represented clients in high-stake domestic and international arbitration proceedings. What are some of the key differences between arbitration and litigation, and when is one more appropriate than the other?

    Arbitration is a process in which a neutral third party, known as an arbitrator, hears evidence and arguments from both sides and makes a final decision. The decision of the arbitrator is binding, meaning that the parties must accept it as final and cannot appeal it except in very limited circumstances. Arbitration is generally less formal and less expensive than litigation and may be quicker in some cases.

    Litigation, on the other hand, is the process of bringing a case before a court of law. The court hears evidence and arguments from both sides and makes a final decision, which can be appealed to a higher court if the losing party chooses to do so. Litigation is generally more formal and more expensive than arbitration and can take longer to reach a final resolution.

    Whether arbitration or litigation is more appropriate will depend on the specific circumstances of the dispute. In general, arbitration may be more appropriate if the parties want a quicker and less expensive resolution, and if the dispute involves commercial or contractual issues. Litigation may be more appropriate if the dispute involves complex legal or constitutional issues or if one party is seeking a significant monetary award or other type of relief. Ultimately, the decision to use arbitration or litigation will depend on the preferences of the parties involved and their respective legal strategies.

    Real estate matters are a significant part of your practice. What are some of the most common issues that arise in property-related transactions, and how can clients protect themselves?

    Some of the most common issues that arise in property related transactions are:

    Title documents are not stamped and registered. It is essential for transfer documents to be stamped and registered failing which title does not pass. Pre-nineties parties would not stamp and register documents.

    In land transactions, revenue records remain to be updated.

    In some cases, the original owner has passed away leaving behind will. These wills are sometimes not probated.

    Family arrangements entered into between the successors of the original owner are not adequately stamped and registered.

    It is essential for a party purchasing property to do a proper title due diligence before purchasing a property. Public notices must be published, necessary searches in the land and revenue records must be taken. In case of companies, ROC search must be conducted to see if there is any charge on the property. Permission of the Charity Commissioner must be taken in case of sale of property belonging to a public trust. The title to the property must be clear and marketable and without any encumbrance. It is important to take adequate safeguards such as indemnities, representations and warranties from the seller. Nowadays, in view of the PMLA Act, it is also suggested that the source of funds out of which the seller purchased the property should also be checked. Purchasers must seek advice of lawyers before purchasing properties and seek their assistance in preparing the documentation. This is important so that they do not have any issues when they want to sell the property.

    How do you stay up-to-date with the latest developments in your areas of expertise, and what resources do you rely on?

    There are multiple online/ offline resources as on date to aid lawyers stay upto date with the legal developments. However, what I feel is imperative is the discipline and hunger for knowledge. Argus Partners has a robust Knowledge Management practice which ensures that every lawyer in the Firm stays updated with the recent changes/ modifications in his/ her area of practice. Further, we have created internal databases in the Firm for practice areas like arbitration and insolvency which witnesses regular developments. The responsibility to keep these databases up and running is shared by every lawyer of the Firm of the respective practice areas.  

    Can you share some advice for law students and young lawyers who aspire to have a successful career in litigation and real estate law?

    To succeed in litigation and real estate law, you need to have a deep understanding of the legal principles and procedures that apply to these fields. Make sure to take relevant courses during law school, participate in moot court, research/ thought papers and seek out opportunities to work with experienced law firms/ lawyers in these areas for internships/ research associate/ paralegal positions.

    I believe that building relationships with other lawyers and professionals in the industry is critical for success along with developing good communication skills. Communication is key in litigation and real estate law, whether it’s presenting an argument in court or negotiating a deal with a client. Practice your writing and public speaking skills and always seek feedback from mentors and colleagues to improve.

    Another aspect which I feel is critical to be good lawyer is being detail-oriented. In real estate law, even a small mistake or oversight can have significant consequences. Attention to detail is critical, so make sure to double-check your work and take the time to thoroughly review any legal document.

    And last but not the least, stay up-to-date on legal developments will go a long way in making you a champion in your field.

    Thus, by focusing on these areas, you can build a strong foundation for a successful career in litigation and real estate law. Remember, success in any field requires hard work, dedication, and a willingness to learn and grow over time.

    Lastly, what are your future goals and plans for your career, and what are you most excited about in the coming years?

    The ultimate goal is to build a firm which believes in quality, gives client’s excellent advice and helps in getting the best outcomes. The firm is doing some top notch work and growing at a great pace.

    Get in touch with Murtaza Kachwalla-

  • The hard work you do in your senior’s office helps  a lot when you start your own practice- Yasharth Kant Srivastava, Advocate on Record, Supreme Court of India

    The hard work you do in your senior’s office helps  a lot when you start your own practice- Yasharth Kant Srivastava, Advocate on Record, Supreme Court of India

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

    Sir, can you tell us a little about yourself and how you decided to pursue law as a profession?

    I am a practicing lawyer with over 10 years of experience at the bar. I completed my law degree from National law University, Lucknow  and started my career as an associate with a Senior Advocate in the Supreme Court. However, I always had a passion for advocacy and decided to switch to  independent litigation after a few years. I was drawn to law as a profession because of its ability to bring about  change in society  Moreover  I am a second generation lawyer therefore I grew up watching lawyers in my family, which actually created my interest in the field. 

    You have a vast experience of more than 10 years at the bar. Could you please share with us how your experience has been so far and some of the significant cases you have handled?

    My experience at the bar has been challenging and rewarding at the same time. Even though I come from a family of lawyers,  initially it was difficult to get your own clients , so in my early day I decided to sharpen my skills on cases allotted  by my seniors.I have had the opportunity to work on a variety of cases across different areas of law, including Constitutional Law, Criminal Law, commercial disputes, Educational and service law, and arbitration. I have been involved in many constitutional bench cases  and one of them was a 9 judges bench on tax matters. That case went on for 2 months. It was a complex case that required extensive research and preparation, but it was a great learning experience.

    The hard work you do in your senior’s office helps  a lot when you start your own practice.  

    You have dealt with cases before Constitutional benches of the Supreme Court. Can you tell us about your experience of appearing before the highest court of the country, and what is it like to argue before such benches?

    I was one part of a team of lawyers who appeared before various  Constitutional benches of the Supreme Court and it  was an exhilarating experience. When you appear before the constitutional bench , you are part  evolution  of laws which the future generation will read, However, it is also a daunting task as the stakes are high, and  as young lawyers there is a lot of  pressure ,to prepare for such cases, I spend a considerable amount of time researching and analysing the legal issues involved. We also try to anticipate the questions that the judges may ask and prepare my arguments accordingly. All this hard work helps you sharpen your  legal mind. 

    You have represented insurance companies, banks, and government departments before the Hon’ble Supreme Court. Can you talk about the challenges that you face while representing these clients, and how do you overcome them?

    Representing insurance companies, banks, and government departments can be challenging as these clients have unique requirements and expectations but it is like any other client , as they  also want results. One of the significant challenges is to balance the client’s interests with the legal and ethical obligations of a lawyer. To overcome these challenges, I ensure that I have a thorough understanding of the client’s business and objectives. I also maintain open communication with the client and keep them informed about the progress of the case . Regular updates to the clients from the lawyers is also one of the important  tasks of a lawyer.  Clients are also part of the process. 

    You have also dealt with arbitration matters, including the appointment of arbitrators through Courts. Can you tell us how you prepare for such cases and what makes them different from regular court cases?

    Arbitration matters require a different approach than regular court cases, However pre arbitration litigation is very common these days and often requires court orders ,to even get the arbitration started. Arbitration as such is considered  to be a quicker remedy to settle the dispute, but it only works if both sides want an authoritative pronouncement  , otherwise it might also become cumbersome.

    What are some of the skills that you think are essential to be a successful lawyer, and how can young lawyers develop them?

    My usual advice would be , excellent communication skills, analytical abilities, and attention to detail. But I would also add that one should also start investing in human resources. Young lawyers should start to develop genuine human relationships in life and it will help them in the long term. People should trust you as person and as lawyer both. Trust building is a very important part of litigation. Lawyers are engaged mainly because the clients trust them.

    Finally, what advice would you like to give to young law graduates who are just starting their careers and looking to establish themselves in the legal profession?

    My advice to young law graduates would be to focus on building a strong foundation in the law and developing a deep understanding of legal principles and concepts. They should also cultivate a strong work ethic, be open to learning, and seek opportunities to gain practical experience. Finally, they should always maintain high ethical standards and uphold the integrity of the legal profession.

    By practical experience I mean , they should start working like a lawyer ,even when they are  interns, don’t wait  for your degree , start early , Don’t go for short cuts in early days ,because later on you will have much lesser time in your hand. 

    Build rapport  with your teacher, seniors ,colleagues and even  boss.

    Everyone has a different journey , but your seniors can always shows you the path.

    Get in touch with Yasharth Kant Srivastava-

  • As India moves towards more open market, and many businesses also move outwards for opportunities exploring other markets in the world, the work for commercial disputes is bound to increase- Srikanth Hariharan, Advocate (India) and Solicitor (England and Wales)

    As India moves towards more open market, and many businesses also move outwards for opportunities exploring other markets in the world, the work for commercial disputes is bound to increase- Srikanth Hariharan, Advocate (India) and Solicitor (England and Wales)

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

    With your wide range of practice areas, could you share with us how you developed such a diverse expertise in the field of law?

    I have been practicing as a litigating lawyer for just over 10 years now before the High court and National Company Law Tribunal and also International and Domestic Arbitration. I also do general corporate practice, as my firm is an authorized partner with Ras Al Khaimah Economic Zone Authority (RAKEZ) assisting companies to set up businesses in Emirate of Ras Al Khaimah.  When you are in litigation, it is very difficult to build an exclusive specialized practice from the start and it is equally very important, initially, to accept briefs or assignments in all areas of law, as it would also increase one’s horizon of knowledge and experience, which is a valuable asset. The practice at the High Court, generally involves knowledge of multiple enactments. One day you are advising and drafting a petition for interim measure in an international commercial arbitration for a client in Singapore and the next day you are representing a farmer from a remote village to obtain his just compensation in a land acquisition process from the government and the day after that you are representing a government employee in a service matter before the High Court or assisting a company to set up their business in Ras Al Khaimah. I had also advised Insurance Regulatory Development Authority on the draft of their health insurance regulations, which gave me an insight into manner of drafting of subordinate legislation and policy. I believe as  a lawyer, one should be able to any do any kind of work that the client has a requirement with initially and it is only in the later years, the market will decide one’s area of specialization. When you accept a variety of briefs, the word of mouth spreads about your competence. With the result and partly due to COVID and use of technology, I have business houses calling from remote parts of Maharashtra, Chattisgarh and West Bengal for advise on their commercial transactions and potential disputes.

    You have specialized in domestic and international commercial arbitration and insolvency and bankruptcy law. What drew you to these particular areas of law, and what experiences or cases have had the greatest impact on your career in these fields?

    My specialization in LLM program at Cambridge was in the field of International Dispute Settlement and International Commercial Litigation. Legal certainty and predictability is very important in commercial disputes, which enables businesses to make sound and informed decisions. Time is money for any business. The object of any commercial litigation is not to be to litigate and spend valuable resources on litigation but to find a way to amicably settle the dispute. It saves great amount of time and money for small and medium businesses. It is always exciting to strategize in commercial disputes as there can never be a one-stop solution for all commercial disputes. Each case is different. That is one of the exciting aspects of commercial disputes.

    Initially in my career, it was very heartening to see some small scale business owner trying to enforce his contractual rights against large corporations, as it would be a make or break situation for the small scale business and the survival depends on payments which are yet forthcoming from large businesses. Such cases give confidence and purpose to what I do. Over the years, as one’s visibility and ability to perform increases, the larger corporations also engage you in one of their disputes, perhaps keeping in mind your representations and arguments in a previous matter for small scale business owner.

    Could you tell us more about your time at Cambridge and how it shaped your career path?

    My time at Cambridge was one of the most memorable time of my life, which was enriching academically and was also a stepping stone for further opportunities. My specialization was in the field of International Dispute Settlement and International Commercial Litigation and Law of World Trade Organization. The academic environment created in Cambridge automatically propels one to perform. I was fortunate to complete my thesis in Investment Arbitration under the supervision of late Professor James Crawford, Former Judge of the International Court of Justice and secure first class in the thesis. The interactions and discussions I had with him are now part of my cherished memories. Thereafter, I also had an opportunity to assist Prof Peter Van Dan Bossche, Former Member, Appellate Body Secretariat, WTO in the drafting and research of the TRIPS Chapter of his book ‘Law and Policy of the World Trade Organization: Texts, Cases and Materials’. These little opportunities propelled my career path towards international arbitration or secure an internship with the WTO Appellate Body Secretariat.

    From your advocacy and advisory work to your internships at the World Trade Organization and Debevoise and Plimpton LLP in London, could you share some notable experiences or cases that have helped shape your approach to law?

    During my internship experience at the Appellate Body Secretariat, WTO, Geneva, I got first hand experience of how laws applied at an international level and how a member’s view or perspective has the effect on a ruling and how geo-politics also has an effect on how cases are viewed by members.  The AB Secretariat is assisted by several dispute settlement lawyers who assist the AB in preparation and research of the AB reports in the cases brought to it by member states. In one such issue, the issue was whose appeal is to be numbered first, if the appeals are filed on the same day. The nations at issue were two large economies of the world, one democratic and the other non-democratic. The representatives of both nations were at logger heads as to their appeal to be numbered first. Then it was decided by the AB that there will be a draw of lots and the first chit out of the box will have their appeal numbered first. A meeting was called for of the representatives and all the lawyers and staff were directed to be present. The next issue was who has to pick the lot. And lo behold, I was the person summoned to draw the lot as I was the junior most person in the room. I picked one. It gave me insight into how international rules are applied to see that disputes, howsoever trivial, are resolved. It gave me an insight into a realistic approact to application of the law to resolve disputes. Apart from that, I had also a chance to attend and witness meetings of the Dispute Settlement Body which are held on a regular basis and understand each member’s view point on a dispute pending before it.

    During my time at Debevoise, London, I was mostly assisting the arbitration team in investor state arbitration and international commercial arbitration. The firm was representing a nation state in a commercial arbitration dispute which was primarily with respect to construction of oil and gas pipeline in the Middle East. The case involved issues of law of nation state as well as applicability of public international law in respect of state responsibility. I had also a chance to work on a research paper as to the advantages and disadvantages of use of artificial intelligence in international arbitration. It was an open ended topic so I had a chance to be creative with thought provoking ideas.  I also had an opportunity to assist the team, which was advising a client on business integrity issues in respect of performance of contract with a contractor in a least developed country.

    As someone qualified to practice law in both India and the United Kingdom, how do you navigate the different legal systems and regulations in these jurisdictions? What challenges and opportunities do you encounter in your international legal practice?

    There are quite a few similarities between the English law and Indian law in field of commercial contracts and commercial disputes. Most of the aspects of law such as interpretation of contracts, law of damages and assessment of quantum of damages, which we see in India, have their basis in English law.

    Culturally, India is not a litigious society. As India moves towards more open market, and many businesses also move outwards for opportunities exploring other markets in the world, the work for commercial disputes is bound to increase. I see that lawyers in India are equally competent and competitive and foresee opportunities for them also increase. However, for over a century now, London continues to hold the preferred seat for arbitration and commercial litigation for cross border disputes and English law as the choice of law for such disputes, though the companies may have no physical presence in England. Possibly it is because of certainty, predictability and stability in the legal system that London has to offer. If an Indian Company has the option of engaging an English qualified Indian Lawyer, it would be easier for them in terms of comfort as well as cost. Infact,  I would like to see a foreign seated company engage a Indian law firm or an Indian lawyer for their international commercial arbitration outside of India. When it can happen in information technology services sector, why not in legal sector.

    The challenge the Indian legal system now faces, is one of pendency and effectiveness in terms of enforcement of judgements. Both reasons have grave effect on how foreign investors view the Indian Legal system to be a preferred mode of system for settlement of disputes. There are about 8-10 forums providing rights for creditor to initiate recovery proceedings like civil suit, commercial court, debt recovery tribunal, insolvency, winding up, MSME facilitation council, arbitration councils but still the last mile delivery of enforcement of the decrees before the decree holder actually sees the recoveries or monies in his account is very slow. That may create some anxiety in minds of few with respect to the effectiveness of the legal system.

    You’ve published several papers and articles in domestic and international law journals. Could you highlight one or two of your publications that you believe have had a significant impact or have generated interesting discussions within the legal community?

    Though the publications are on varied subjects, I believe the stand out to be one in field of nuclear liability, which was published in the International Energy Law Review. It was written just after the Fukushima nuclear accident.  The article was a comprehensive analysis of the international law and national laws in respect of regulations and laws with respect to nuclear safety and safeguards, rules governing the international trade in nuclear waste and rules with respect to transportation of radioactive material and the domestic and international law in respect of the liability regime in the event of nuclear accident. The object of the regulations is to attract private investments and also trade in nuclear fuel in a peaceful and environmentally sustainable manner. I had also argued that capacity building in nations and cooperation amongst nations is the primary requirement to have a peaceful mode of trade in nuclear fuel, which is essential peace, security and development of any nation state.

    You’re frequently invited to law colleges to judge moot court competitions and deliver guest lectures in corporate law and arbitration. What motivates you to engage with law students and young professionals in this manner, and what advice do you often find yourself giving to those entering the legal field?

    Moot Court competitions, guest lectures and webinars are good platforms for brain storming sessions and exchange of ideas, and is part of the learning curve and self-enquiry. It also keeps one abreast with latest updates of law and also understand perspectives, which may be difficult in regular rigmarole of litigation practice. As a lawyer, whether in litigation or general corporate practice, it is important to be updated with the new changes in the law and also updated with the latest judgements of the supreme court. Any judgement read, the judgement should be noted down in a ‘green book’ whereby it is very easy to again reference back to it when the need arises. I maintain a ‘green book’ which has a list of judgements subject wise, with the relevant citations. Though internet research is a very useful tool, it is important to have a personal database written as it is edged in one’s memory forever.  It is always important to read a wide variety of subjects apart from law, such as politics, economics, non-fiction, biographies, historical fiction, editorials which increases your horizon of knowledge, vocabulary and perspective. The more one reads on varied subjects including law the more one is confident to represent in court.

    Considering your vast experience and expertise, what advice would you like to share with fresh graduates who are just starting their careers in law? 

    The opportunities that are available to young graduates are endless. Aspire for excellence in law and never settle for mediocrity. It is important to have an open mind as to opportunities around you. There are several rural and marginal groups who lack knowledge to enforce their rights in a court of law, so that way the potential is unlimited.

    If one is planning to enter into litigation practice as a career option, it is important to bear in mind that one has to be ready for a grind which is for the long haul, and there is no option for a short term stint in litigation. The waiting period for recognition is now, perhaps, reduced to 5-7 years, which was earlier 15-20 years in the previous generation. Having said that, one is also required to put in long hours in the initial days, after which the existential and survival issues are taken care of. The variety and range of clients one meets, small, big, rich, highly educated, illiterate,  elite, poor and downtrodden and the variety of problems that one deals with in litigation and the privilege of having been given an opportunity to solve them is extremely gratifying. I do understand young graduates may have some anxiety about financial security, but they need not worry about that in litigation, as once one is established in practice, remuneration is not far away.

    Lastly, it is important to be brutally honest with your advice to the client, as the client is entitled to the best in you and in what you can offer. It is very important that in order to gain the trust of one’s client, the lawyer and client are on the same page at every step of the matter. Even if the client may not like to hear what advice you have to give, as a professional, one is required to be honest to the client.

    Get in touch with Srikanth Hariharan-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Ish Jain-

  • The profession has given me so much and so much more, because of which I now firmly believe that our litigation practice truly makes you younger and braver and the more you practice, the more you learn new things- Rajdeep Lahiri, Advocate on Record

    The profession has given me so much and so much more, because of which I now firmly believe that our litigation practice truly makes you younger and braver and the more you practice, the more you learn new things- Rajdeep Lahiri, Advocate on Record

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

    To start the conversation, please tell us what motivated you to pursue law as
    a career.


    Well, initially I was never inclined towards the practice of law, and rather was more interested to work in companies and become an In-House practitioner. Being a 3rd Generation legal professional, I knew the battle ahead to stay in the game. Plus I was [still am] an athlete and played a lot of professional matches, so time had to be matched equally between career and sports.
    Kolkata is where I was born and raised, hence, arguing and negotiating came quite naturally to me, much like all legal professionals from the city. Quite early on I was introduced to the world of litigation, policy brutalities, burgeoning stress of drafting, long hours of excruciating patience, hopping Court to Court, etc. as I used to accompany my mother and grand-father, who were a noted law practitioners in Kolkata.
    I would say that the experience was there [and it was surreal], which is fundamentally why I wanted to avoid it!
    However, with my abrupt migration to Mumbai in the year 2013, I swept my entire time and energy into commercial litigation and thereon, I never really
    looked back, so really the motivation never came early on, but rather stuck with me as I started litigation in Mumbai.

    Sir, you have completed a decade of practice in law. Has the profession given you what you expected out of it?


    Yes, indeed so. I have completed my graduation in the year 2012, then passing the AIBE in the year 2013, so it’s been more than a decade into the field.
    It has made me to travel across the country, representing disputes in their strangest and malignant forms, meeting a diverse group of people, charter me into international disputes and place me as an International Arbitrator and so much more.
    I never expected to have so much exposure to disputes when I was merely an angry young student of law, deeply involved in politics, sports and students’ movement in Kolkata.
    Quite candidly, I never wanted to be so involved too! The profession has given me so much and so much more, because of which I now firmly believe that our litigation practice truly makes you younger and braver and the more you practice, the more you learn new things.

    Our readers would like to know about your areas of practice and your interests over the last 10 years of law practice.


    I come from a generation of lawyers, politicians, and bureaucrats, so criminal law came quite naturally to me as I was fairly accustomed to the nuances of investigation and arrests.
    However, I started off with Winding Up matters under the Companies Act, 1956 [now repealed] and similar commercial disputes. Arbitration sounded
    fancy at the time and gave my hand on couple of ADR matters initially.
    But since being in the chambers of my Senior, who is a full practice litigation professional, it got me experienced in a host of matters, ranging from
    Municipality disputes, cheque dishonour, Suits, complaints, divorce, testamentary and what not!
    Being involved in so many types of litigation opened a Pandoras Box for me, unleashing the opportunity to at least master the practice and procedure [if not the law].
    Over time, I got involved in various other types of matters, involving labour disputes, cyber-crime, bails and trials, Penal sections, Admiralty, IPR, NCLT
    and IBC, etc. making me go places and expose myself to a varied gravy of matters.
    I keep one thing in mind, the basics of dispute is always the same and the principles to resolve any dispute is never complicated. Its more logic and
    reasoned.

    What is a Career in Alternative Dispute Resolution like, especially from an
    international perspective?


    ADR is the future. The facts speak for themselves. There is an indiscriminatory rise in litigation before various Courts and this
    exponential rise in matters, casts an unbearable burden on not only the Judges, but the Advocates, Prosecutors, Pleaders, clerks and the entire system along with it.
    We all have knowledge of ADR in Matrimonial disputes, and further it being
    introduced in the form of ‘Compulsory Mediation’ in Commercial Matters, however, if understood smartly, ADR can be used the same way as litigation, which is commonly used by almost all International Institutions as an effective method to conclude the disputes, by arriving at amicable settlements and charging for the same at pre-determined rates.
    The additional skill sets which will be needed are the necessary tools for effective research, razor sharp strategy and persuasive negotiation skills to effectively resolve disputes.
    I have clients wanting to end disputes, not win a matter for it to be overturned in Appeal, so I suppose ADR is the way forward and now with the extensive advent of technology, practice has never been more convenient and organized.

    Could you please tell us about the personal and professional challenges you
    encountered over the years, up until you established your own firm and
    thereafter?


    Well, it has always been pretty much hard work and putting in the hours of work towards it.
    I have always focused on positives and rarely been idle till date. I have constantly been on the move, shifting focuses and building experiences around disputes and people.
    There have been insurmountable challenges that I have faced along the way, but we always move forth, right? We all do. Professionally, I have worked with Counsels, Advocates and in a noted law firm, and from every such entities, I have developed various skills. Skills in people management, little bit psychology, legal strategy, learning the procedures, knowing more laws, defining my own argument style, knowing when to shut up and sit [or walk away], as I always preach everyone, law is common and everyone is expected to know, what matters is how to interpret it and to whom the same is being interpreted to. One must definitely know how to read the mind of another individual and be aware of the basics of psychology.
    Once I was convinced that I could finally walk on my own, I took the leap, almost impromptu and here I am, better by the day.

    How do You see the development of Alternate Dispute Resolution methods over the coming years?


    I foresee a complete overhaul of the existing system to place litigation in a symbiotic relationship with technology and a consequent yet systematic development of the entire ADR regime.
    Legal professionals will be more adapted to resolve disputes, either through Courts, which mandates the compulsory ADR process, via ADR Institutions or by Advocates engaging with the disputing parties to mediate and negotiate the disputes.
    In my years of experience, it is only recently that I have come across parties that are mediating and settling disputes, only through effective negotiations, at the final hearing stages, thus saving enormous stress on the entire system and its [breaking] parts!
    Final Resolution of disputes would mean an end to the dispute and by the look of it, who would not want to develop it? So as I see it, ADR will play a prominent role in the adjudication of disputes of all nature, without exceptions.

    There are many certifications, like the one given by CIArb (Chartered Institute of Arbitrators) to take up Arbitration as a career. Do you think taking such certifications helps along with practice?


    Education and being educated, are very different. For example, no one teaches you litigation, but you get educated along the way and educate yourself about the nuances of litigation and its practice.
    Similarly, you need to have life experiences to effectively negotiate and mediate. The purpose of any course is to have the empirical knowledge and discuss established principles, which is to be borne in mind when eventually resolving disputes.
    While I believe that by undergoing certification courses [an uncountable number done myself!] definitely aids you, it very important to have a sense of direction in what ones to do, else the certifications shall be only used to cover office walls.
    Think deep, in our profession, life experiences take the first preference. Then the education.
    ADR Institutions are having internationally acclaimed Trainers and Professors, hence, you will get first-hand experience in international disputes and scenarios. So yes, it will definitely help in some way.

    Lastly, what would be your advice for the fresh law graduates who are
    looking forward to opt for ADR?


    Put in the long hours. Dedicate yourself to a routine. Read the laws. Go to the roots of the laws on ADR and get enrolled with ADR Institutions and Advocates practicing ADR to have first-hand knowledge and being conceived with the nuances of practice and procedure.
    But be advised, ADR will outgrow and creep into all litigation domains, so it is very important and wise to practice all domains of law, keeping ADR as its base.
    Lastly, you break the walls down and you keep creating standards!

    Get in touch with Rajdeep Lahiri

  • Mahafrin Mehta, Senior Associate at HSA Advocates, In a FireSide Chat With SuperLawyer Sharing Insights On Challenges Faced By Budding Litigators

    Mahafrin Mehta, Senior Associate at HSA Advocates, In a FireSide Chat With SuperLawyer Sharing Insights On Challenges Faced By Budding Litigators

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

    What was your motivation behind choosing law as a career?

    Whilst growing up, the law always fascinated me. For some reason, there is a lot of misconception surrounding law as a profession. I was discouraged at many points in time by a lot of people from taking up this profession as well. However, I was determined to study law. My parents have been my biggest supporters and were overjoyed with my decision. Initially, I was intimidated by it all but gradually I started enjoying the learning process.

    What are the challenges that are faced by budding litigators at the start of their careers?

    With lakhs of students graduating from law schools/ colleges across the country, every year, the competition for freshers is fierce, to say the least. Not only to get a job, even to get an internship with a reputed firm, it is tough process.

    It is important to gain exposure through internships and identify their ultimate area of interest within the law. In my second year of LLB, I was certain that I wanted to be a litigator and hence started my association with a reputed law firm in Mumbai, first as an intern and then as an articled clerk.

    Freshers and interns are at the bottom of the hierarchy and are taken most advantage of, especially in litigation. In order to gain exposure, many a times, they agree to work for a miniscule amount or at no cost at all. I was blessed and privileged enough to not have any overheads. However, it is tough for a lot of freshers and interns to work without any salary stipend.

    What are your thoughts on “Arbitration” as a mechanism for dispute resolution?

    At the outset, I’d like to say that there is a noticeable shift during the course of the last few years. Contracts/ Agreements have but naturally become more arbitration centric. It is very rare that you would come across a contract/ agreement nowadays which would not contain an arbitration clause. Not only is Arbitration effective but it is also a speedy mechanism for dispute resolution. Having said that, arbitration has also got flack for being a “luxury” litigation i.e. there is a substantial amount of expenditure involved to conduct the same.

    How do you make pleadings/ contracts understandable/ more accessible for your clients?

    I enjoy drafting! It has always been a complete joy and pleasure for me to draft pleadings and other documents. Not all our clients are fellow lawyers and not all of them have any legal knowledge. The key to make you pleadings/ contracts understandable/ accessible to your clients is to keep your drafts as simple and concise as far as possible.

    Talking about work-life balance, there has been ample amount of discussion on health issues as a lawyer, what do you believe are the best practices to maintain the equilibrium?

    The legal profession is a demanding one. Urgent matters and tight deadlines are a common feature. Its only but natural that in such a demanding environment, individuals are exposed to high amounts of stress. In order to maintain balance, its important that one takes time off and undertake any activity(s) which helps them to relax. Mental health issues are often overlooked and not talked about.

    Do not let this go unchecked and seek appropriate help. Nothing is more important than your health. As cliched as it sounds but “health is truly wealth”.

    Lastly, what advice would you give to someone starting out in the field of litigation?

    My advice to freshers and interns who want to be litigators, would be to read up on the various statutes. Sadly, there is a noticeable lack of knowledge of basic provisions of the CPC, in a lot of juniors, which is your foundation. Being in the legal profession, you never stop learning. Its constantly evolving.

    Therefore, I think it is also very important to be abreast with the latest developments and judgments.

    Lastly, hard work is definite key to success in this profession. More the effort you put into it, the more results/ benefits you can reap out of it.

    – MAHAFRIN MEHTA

    Get in touch with Mahafrin Mehta-

  • Avi Kalra, Founding Partner at Clergy and Wisemen In Conversation With SuperLawyer On Startups, Arbitration and Much More Interesting Aspects

    Avi Kalra, Founding Partner at Clergy and Wisemen In Conversation With SuperLawyer On Startups, Arbitration and Much More Interesting Aspects

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

    Was pursuing law planned for you or it all happened in a flow? Kindly share with our readers.

    Well to start with, I am a first-generation lawyer, and to be very honest law was never a career option for me until the 10th Grade, I had planned to either join my father’s business or start something of my own. However, it all changed in the year 2012, when my father was involved in a car accident, in which one bike hit his car and the pillion rider died on the spot.

    After this, it was the first time that I ever visited the Local District Court of my city. During court visits, I was highly influenced by the impact the lawyers could have over their clients. Soon after, I developed interest in Criminal Law and the same grew over me and made my belief indeed stronger. So today, I can proudly say that being in the legal fraternity was a well thought decision and didn’t happen by chance.

    What do you think, which specific advice has helped you come thus far in law? What is that one motivation that keeps you going in life?

    The advice that has helped me come this far is that if you roll up your sleeves and decide to do something, nothing in this world is impossible. Everything is doable, you just need to have the courage.

    Frankly speaking, I never participated in any public speaking event in high school and had stage fear. Now came the time in Law School, when I realized the importance of Moot Courts but the continuous insecurity of never being a good public speaker or having no prior experience kept acting as a barrier.

    It was only in the third year when I got the opportunity to participate in the Intra Mock Trial, where although in my opinion, my public speaking was not up to the mark, however, this opportunity gave me a sense of understanding that it was these mental barriers which were stopping me to do something. Since then, I have worked upon my oratory skills, and have never said no to such an event, which has helped me tremendously in becoming a better orator and Advocate.

    Speaking about Motivation, after winning the National Mock Trial Competition in 2017, me and Prateek Lakra made a goal to start our own law firm after completing 3 years at the Bar. In 2021, we started Clergy & Wisemen, and since then there has been no looking back, and taking our Law Firm to the level of top law firms in India is the motivation that keeps me going.

    Could you brief a case you were led on that substantially broadened your knowledge of the legal field?

    From what I have learned while practicing law is that law is nothing but common sense, one should just have the vision to see the answers. It is an art that is learned through experience and wisdom. During the initial years of practice, the most crucial part is to understand the implementation of what we study in the Law School.

    It was in 2019, when a Fraud had been committed by a person, which was worth crores. In the same case, my client was duped for a handsome amount. Initially, we filed a Suit for Specific Performance against one of the properties of the Accused before the Delhi High Court, however, it came to our knowledge that the Accused had created multiple third-party rights over the property, therefore, we also had to move before DRT, since the bank had started proceedings against the accused. Also, there were claims from various entities, due to which there were multiple suits and cross impleadments.

    Parallelly, proceedings under the 156(3) Cr.P.C. were also instituted against the accused, wherein we got favourable order and an F.I.R. was also registered with the Economic Offences Wing (EOW), Delhi Police.

    These proceedings helped me understood various remedies that a person has under both the Civil & Criminal Laws in India and how the Courts and Tribunals function.

    Among all the specialisation, i.e., Administration law, RERA, Taxation, Corporate law and Arbitration, which area of law is the most interesting to you and why?

    I would say that Corporate Law, since Corporate Law can itself be classified into various other sub-specializations, and due to the recent increase of Startups in India, Corporate Law has opened up various opportunities for Young Lawyers.

    Now, with Startups the issue that usually comes up is that they cannot afford Big Law Firms, and it is where young lawyers can step in.

    Further, in Corporate Law, a Lawyer has to get into the shoes of the Founders so as to protect their interests while making agreements such as the Shareholders and Founders Agreement, so that in case the Company goes for funding or dilutes its equity, the founders don’t lose the control over their own company. Moreover, issues like dispute resolution between founders also has to be carefully drafted. With contracts, it is necessary that the Liabilities are limited, indemnification clauses are watertight, and in the case of Intellectual Property, the rights are carefully defined. I can go on with such examples, such is the nature of Corporate Law.

    What would you do if you had taken on a case that went against your values? Any prior experience you could relate with?

    I take cases as per my conscience; however, I am a firm believer in the fact that a person is innocent until proven guilty.

    Yes, there have been certain cases where I had to self-introspect whether I was doing the right thing, however, I tend to keep my personal opinions and professional life apart. As the great Mr. Ram Jethmalanai once said: “A lawyer who refuses to defend a person on the grounds that people believe him to be guilty is himself guilty of professional misconduct.”

    How do you maintain the work-life balance Avi?

    As a Lawyer, I feel that law is that field where once you are at the initial stage you need to spend more hours, drafting, researching, and navigating through documents, but as you practice more and more it gets easier to locate the crux of the case and you exactly know where to hit the nail, so spend in your initial years, it will reap well. Also, law is just like investing, the more you invest in your legal skills right now, the more returns in the later years.

    Personally, for me, what has helped me maintain my sanity with this schedule is waking up early in the day, and having some time to myself before the whole show at the law firm begins. I believe that one must do something that is good for his/her soul once a week. It’s okay to take a break, but you should know when the break ends. The work should not suffer, make yourself that efficient.

    What strategies do you use to ensure that your clients receive the best possible?

    There is no secret sauce to ensure the best possible results. Each case has to be seen in its own strategic manner.

    In my previous experience be it working at chambers of a lawyer or law firms, one thing I saw was that although the Clients were getting reliefs in their cases, however, they were not satisfied by the management. For example, the client would not know what is going around in the case, sometimes they won’t know what is next date, no regular updates, so on and so forth.

    After starting Clergy & Wisemen, we not only ensured that our clients get the best legal services but also focused on the management of the Law Firm, be it the regular updates of their cases, addressing their doubts, having dynamic meeting slots, taking regular follow ups about our services, etc.

    Now with Corporate Clients, we have come out with certain services such as Contract Lifecycle Management (CLM), Legal Manager, which have substantially increased the effectiveness and efficiency of the services provided by us. Recently, we have tied up with certain AI companies, which help us in the drafting of contracts, although each contract is reviewed by either an Associate or Partner at the Law firm, but it has helped us in reducing the TAT and Cost.

    What challenges have you faced as in bank matters with DRT, DRAT, NCLT & NCLAT?

    DRT and NCLT, alongwith their appellate tribunals, were made so that the burden over the courts is reduced and the cases can be fast tracked. Although, the burden over the courts have been substantially decreased, but I would not agree with the fact that the matters have been fast tracked.

    Since, due to a smaller number of benches, the matters usually take a substantial time to be adjudicated, wherein the sitting benches are not able even finish half of the cause list, and requests such as to list the matter at the top of cause list have to be mentioned.

    Moreover, these tribunals are not on par with the High Courts, be it the adjudication process, or the working of the registry.

    Therefore, I believe that the number of Benches in the Tribunals should be increased and only in the rare cases the timeline mentioned under the Code shall be extended.

    Lastly Avi, any advice for our young legal professionals?

    My advise to the young legal professionals would be that they should always be updated with what is going around in the Legal Sector, this would not only help them in increasing their knowledge, but also to strike out a conversation at a relevant place and time, and trust me this helps significantly.

    The other would be that they should understand that whatever service you are giving should be a valuable addition to the client and it must solve their problem, taking care of these would definitely help a professional building up his name, since the person would not only happily pay his/her fees to you, but also would recommend you to others.   

    Lastly, in case someone is planning to start his own practise, then rather than just possessing the legal skills, one must also have the skills of a sales person, it might sound a little different, but Law is a Business until you get a client, one might be a very good lawyer and possess good skills, but till the time he has got no client, those skills would be worth nothing. Therefore, it is advisable that you must know to sell whatever skills and knowledge you possess. 

    All the best!

    Get in touch with Avi Kalra-

  • Upasana Singh Chaturvedi, Founder & CEO at Accords International, Arbitrator and Mediator In Conversation with SuperLawyer on Unconventional Careers in Law

    Upasana Singh Chaturvedi, Founder & CEO at Accords International, Arbitrator and Mediator In Conversation with SuperLawyer on Unconventional Careers in Law

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

    We ask this question to almost everyone, but ma’am looking at your experiences, I would like to flip it a little bit, how did law choose you?

    I come from a family of lawyers, judges, and professors. I think ‘law’ chose me before I was even born. From an early age, I used to sit with my grandfather and used to observe the trials he used to preside over. Also, during my studies in history in my undergraduate course, I realized how a society’s nature is modeled and governed by the legal system that it has. This realization got me interested in exploring law as a professional carrier for myself. The campus law Center, university of Delhi helped me understand law and brush up on my legal and oratory skills.

    What were the struggles you faced in the beginning?

    By ‘beginning’ I believe you mean the beginning of my legal career. I think the biggest struggle is coping with the rigorous work routine and keeping on doing what you like the most. I was always passionate about teaching, so along with my practice, I kept on teaching at Delhi University, IP University, Bennet University, and Sewa Samarpan Samiti, which is an NGO based in India. I think this helped me pursue my dream with passion.  

    Firstly, a big congratulations on starting “Accords International”. Do you mind sharing some obstacles that might come in the way of being a founder at any firm?

    You know I have started to believe in what Elon Musk once said, “starting a company is like eating glass and staring into the abyss”. It is a difficult task to build a company, run it, and earn profits with it. My biggest challenge was to find like-minded people to work with and constitute a team that creates a conducive environment. I have been fortunate to finally find an amazing group of team members. I am liking every bit of it. No doubt you are wearing a crown of thorns, but you are your own boss. Accords International works in mediation and restorative justice. Both these fields are new to India and clients and colleagues are still learning. We provide mediation and restorative services and training regularly.

    When we talk about disputes, most of the time obviously the parties commit the same number of mistakes, and both suffer as well, before even going for conflict resolution, don’t you think there is something out before that? 

    In the event of a disagreement, it is often that the situation escalates to a conflict and then the parties take the matter to the court as a dispute. If the lawyers and other professionals who advise the parties during the initial stages have a non-adversarial mindset, then disputes can be avoided, and disagreements can be amicably settled at very early stages. This is beneficial for all, the clients, the lawyers, the courts, and the society.

    As someone who has also specialized in cybercrimes, bullying, etc, what are the core reasons that these things happen and any unconventional ways to stop the harm?

    Dan Olweus defines simple bullying as ‘unwanted aggressive behavior that is intentional and that involves an imbalance of power. Most often it is repeated over time.  If this is done via an electronic device, then that makes sit cyber-bullying.

    The four Elements of Bullying are- Aggressive Behavior, Power Imbalance, Repeated act, and the players (Perpetrator and victim). If we add a computer, cell phone, and any other electronic device to traditional bullying that will make it cyberbullying.

    The common types of cyberbullying and their reasons are:

    1. Exclusion- Publicly Ostracizing the target from the online world- Possible reason is to make the target vulnerable and lonely.
      1. Flaming- posting personal insults and vulgar texts- possible reasons are power play and intent to humiliate the target.
      2. Impersonation- pretending to be someone else. – possible reason can be entertainment or fraud
      3. Cyberstalking- using the internet and technology to follow someone- (harassment, stalking, revenge, fascination, show-off)
      4. Trolling- to deliberately provoke others- (attention seeking, revenge, boredom, personal amusement, paid by someone else)

    Accords International is working on a model for dealing with cyberbullying and online harm with the help of restorative justice. Teachers, parents, and school management can use restorative practices like regular restorative circles and non-violent communications to de-escalate conflicts at early stages.

    What are the necessary skills to have as a “Trained Mediator”?

    As a mediator, one learns

     To facilitate a conversation between two disputing parties.

    To be objective,

    To be impartial,

    To be an effective communicator,

    To feel empathetic, patient, adaptable,

    To be trustworthy,

    To understand the psychology of conflict,

    To be able to distinguish interests and needs and

    To become a better negotiator.

    “Unconventional careers in law will spoil your degree”, why has this misconception led many people far away from the legal industry revolution and how to excel oneself to reach heights?

    I think this advice worked in the previous century. Today, we live in a world where lawyers are working in tech policy, AI, cyberspace, Outer space, public policy, sustainability, diplomacy, and many other ‘unconventional’ fields. I think law teachers and colleges should update their curriculum on a regular basis and students should not only be exposed to court proceedings but also to the newer developments around the world. Accords International is working with the vision to make such experiences available to Indian students.

     Lastly Upasana, any advice to level up the skill game in this profession?

    I find reading is very important for lawyers to always keep updated and informed. Also, skill-building courses in mediation, drafting, negotiation, tech policy, etc are important to learn about new fields. Accords International has launched its next mediation training for the months of January-February 2023. Training programs like this keep young professionals updated and connected.

    Get in touch with Upasana Singh Chaturvedi-

  • In Conversation with: Ameyavikrama Thanvi, Advocate-on-Record, Supreme Court of India

    In Conversation with: Ameyavikrama Thanvi, Advocate-on-Record, Supreme Court of India

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

    Tell us about yourself, what motivated you to choose law as a career path?

    I am an Advocate-on-Record at the Supreme Court of India. My practice is primarily focusses on civil, commercial and constitutional disputes. 

    How I came to choose law as a career was partly by elimination and partly by choice. As a high school student I was interested in history, political science, debates, I was a regular at MUNs and was also quite certain that I didn’t want to pursue a career in science stream.

    So, I chose to study commerce to keep my options open – between pursuing CA and Law. Eventually, given my co-curricular interests and the width of learning that studying law provided, Law came on top.

    Even with my commerce background, law seemed like a good professional course to undertake and so with the idea of pursuing a integrated course in BBA-LLB (it would eventually not be so as I switched to BA-LLB), I embarked on the journey of clearing CLAT and studying law.

    How did you envision you career while you were in law school and how did it turn out?

    Honestly, I did not envision a career in law. My primary goal was to clear the civil services exam and become a diplomat or a bureaucrat. Law, for me, was a backup option. But while in law school I was certain to not treat the course as Option-B and explored different options by undertaking internships across board.

    By my penultimate year I was certain that I enjoyed dispute resolution more than anything else and so if law were to become my career it would be in dispute resolution. So, in those terms I am doing exactly what I wanted to do.

    Where my plans differed from my reality was in terms of execution. I had always imagined being at a law firm and rising through the ranks; or alternatively I would be in the non-profit sector but instead I ended up at the jungle jump of counsel practice. Now I do a good mix of pro-bono and commercial disputes in equal measure.

    One thing I must say is that I imagined it to be straightforward career path but it has been quite a journey thus far with lots of twists, turns and even stoppages – all of which have contributed to the end result. And I am very hopefully looking forward to whatever’s to come next.

    We all know you have dealt with a plethora of cases in your career, is there any special case that has affected you deeply as a person or which has changed your mindset towards the litigation world?

    In a way every case one deals with is a learning curve of some shape – some are very steep, others not so much; and each of these cases, in my limited experience tend to give you a new perspective.

    The ambit of the question you put to me is quite large in the sense that “litigation world” entails within its ambit multiple small universe. However, there are some instances I would definitely want to highlight.

    First is regarding the reach or impact that a case you do has – however big or small. I recently did a probono case where an inter-faith couple that had eloped to get married was slapped with false and fabricated criminal charges as a measure of punishment by their family. If in terms of revenue or even legal questions one were to see, it was a rather straightforward open and shut case but the impact it had on someone’s life was quite large. After fighting and winning in court only can they today imagine returning home.

    Second, in terms of reach, I have been involved in the case where recently the Supreme Court interpreted that Medical Termination of Pregnancy Act and in another case where provisions of the Surrogacy Act and the Assisted Reproductive Technology Act have been challenged for being in violation of rights guaranteed by the Constitution – the number of people who have reached out to be me from parts of the country I didn’t even know exist to thank me and my colleagues for undertaking these projects is tremendous!

    Third, on a different note, litigation has an image problem that there are certain families which dominate the professions – while strong family presence is undeniable but one thing I’ve learnt from experience is that even if you do not have family in the profession but you’re sincere about your work, there are many at the bar who will stand by you and support your growth. The condition, however, is full and complete sincerity towards work.

    Lastly, practitioners are least expected to say this but my academics, especially the courses I undertook during graduate studies, greatly impacted my understanding of litigation. It gave me perspective which I lacked until then of looking at issues holistically and of exploring any given case from different perspectives before deciding on the best alternative.

    Appearing before various tribunals and forums needs extra effort, how do you plan your work to be super-efficient?

    Most important requirement to be efficient is to be organised. In litigation, if one wants to be efficient it is essential that one learns the art of time management. Unlike structured organisations here you have no HR to monitor your performance in terms of time given to do a task.

    This can be a boon or a bane depending on how one handles time. Work, by its nature, tends to expand with time. So I set for myself deadlines and try and stick to them.

    Apart from that I necessarily do a review of work twice a week– to ensure I complete all that was planned for the week and to ensure that there is sufficient time at hand to do things that I enjoy apart from work.

    Secondly, on most days one attempts to not spread oneself too thing across fora and since my primary practice is in the Supreme Court I try and avoid any other forum on Monday and Friday. In the older system of non-miscellaneous days (Tuesday, Wednesday and Thursday) I used to first attend the matters in SC and then attend other forum but now with the system of regular matters being taken up first, that issue has been taken care of.

    Lastly, as lawyers we often face flake that we have too many holidays but litigation is a stressful job –a lawyer takes upon themselves troubles of their client and then constantly engages in mental gymnastics of getting relief. Apart from that litigation itself is also a physically draining profession.

    It requires your presence in court at 10:30 every morning extending well into the afternoon and the “desk-job” aspect of practice mostly starts only around 5 pm which is when most other jobs close shop. So, to maintain efficiency it is necessary that regular breaks are taken.

    Could arbitration be seen as just another trend or does it hold a future?

    I think arbitration is too entrenched in our system of dispute resolution to be compared to a trend. It is sure to stay here in the near future. However, it may be said that in the Indian markets arbitration hasn’t yet reached its optimum beneficial levels. Arbitration is certainly a buzz word in dispute resolution circles in tier-1 cities but many a businesses operate in tier-2 and tier-3 cities where arbitration is still surely but rather slowly developing.

    This mode of dispute resolution is also facing some teething troubles in the sense of limited number of experts, high costs and judicial interference (which is steeply declining with every passing day). But these are common initial troubles across jurisdictions, which will be resolved as arbitration takes stronger roots in the Indian dispute resolution universe.

    At macro-level if one were to see most practitioners – and even academicians – today are only engaging with commercial arbitration between organisations whereas arbitration holds potential to resolve disputes also between individuals, between commercial organisations and countries, and  between countries even.

    These are practices that exist globally and are widely studied too. However, in India we are still in nascent stage and these constitute an untapped market and an under-studied academic field for us.

    Looking, however, at how there is a concerted effort now from the government as well as the legal industry and business community, arbitration is certainly going to flourish in India in the near and long term.

    Based on the list of cases that you handled, is there any particular case that boosted your legal career?

    For a young lawyer every case done which leads to a further referral and/or the client is satisfied with outcome of the case, is a career-boosting case. I am happy to report that I have been fortunate to have a good amount of those cases for me.

    That said, I think I have done the most landmark case of my life thus far only recently when I got the opportunity to assist the Court in interpretation of the Medical Termination of Pregnancy Act.

    I am now working with my friend and colleague Ms Mohini Priya on a case where constitutional validity of provisions of the Surrogacy Act and ART Act have been challenged before the Supreme Court. Reproductive jurisprudence is not very well developed in India yet and some clarity and certainty is required by the court.

    Apart from litigation I think what also gave a big boost to my career was the opportunity to work with the International Law Institute where I got the opportunity to pen a report in International Investment Arbitration, which was tabled before the UNCITRAL Working Group-III for wider consultation and consideration on reforming investment arbitration.

    What are the preparation tips you would like to give for our readers wrt AoR Exam?

    AoR Exam is a great learning experience, let’s start with that. So, first off I’d say it would be best not take it as merely an exam but also an opportunity to undertake an in-depth study of how the Supreme Court of India really works.

    Now regarding the syllabus, it seems a little overwhelming at first but it’s not much if you have practical experience of practice before the Supreme Court so ideally practice for at least two years at the Supreme Court before embarking on the journey of taking the exam (of course a pre-requisite for the exam is one year training with Aor, additional years, in my experience, only prove more beneficial).

    This is especially useful for the paper on Practice and Procedure, the syllabus for which is essentially in part Constitution and in part Supreme Court Rules – both of which can be mastered best by practice.

    Secondly, stay updated on latest legal developments, particularly landmark judgments delivered by the SC because the aim of the exam is not to test your legal knowledge per se but to test how much you understand about the working of the Supreme Court. This exercise will also help aspirants while tackling the paper on “Leading Judgments”.

    Thirdly, and I don’t know for how long this advice is going to be useful but at least so long as the exam is not computer based, I’d say aspirants must stay in practice of writing on paper. This is particularly important today when we’re moving completely away from physical filed and pen-paper world in law schools as well as at courts.

    Would you like to give any career/life tips to the readers?

    I am not sure if I’m qualified enough to give tips yet on life or career but I’d say be sincere and honest to yourself on whatever path you choose for yourself.

    In the field of law today a plethora of career paths exist – choose the one which really interests you because each of these paths has a long gestational period. Unlike other professional careers, law demands an intentional consistency of dedication towards your career.

    I would also suggest that students and young professional reach out to their role models and seniors who have been working in the field of their choice.

    Not everyone will respond but you’d be surprised the number of people happy and willing to help you if you show promise. All the best!

    Get in touch with Ameyavikrama Thanvi-

  • In Conversation with: Adv. Ripple Hamza, Founder and Legal Consultant at Confrere Global Legale and an Empanelled Arbitrator at Thailand Arbitration Center (THAC)

    In Conversation with: Adv. Ripple Hamza, Founder and Legal Consultant at Confrere Global Legale and an Empanelled Arbitrator at Thailand Arbitration Center (THAC)

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

    Could you please share with us about your inclination towards law,  what inspired you to work in the corporate sector?

    As a young student I was inclined to become a corporate lawyer as I had seen my father who worked in a shipping company in Dubai speak about the role of lawyers in Maritime law and trade .

    The company he worked for was having a number container ships which were often having advice and legal intervention from Lawyers . 

    I believed lawyers as heads of nation did more than just a politician everywhere in the world .

    The lawyers who turned to politicians have been remembered by majority of the people in the world for their productive good deeds and have changed the world a lot . 

    Your experiences are diverse in many aspects, but what creates curiosity in our minds right now is “Maritime Law”, kindly explain this niche for our audience

    Maritime law is a very important law with regards to the trade of the world . The majority of cargo movement happens through the sea . Nations have changed their faces and development happened to a great extent with Maritime law and logistics. 

    There are more ships at sea than all the ships in ports carrying various products for all the countries . 

    Maritime law has played a major part in avoidance of conflicts and delays of good transit around the world . 

    We assume that such expanded work requires smart people in the room. So are you a team player or is it a “one-man show”?  

    I have a good team to back me up with my juniors and associates from different countries .

    They are people of high learning capacity and quick in finding solutions .

    Confrere Global Legale was made with integration of most of them so that an international association would make things happen quicker.

    The core team of CGL are people of good research and learning in their fields of legal practice . 

    Most often dealing with different countries comes with its own challenges and unavoidable hurdles. How do you manage that and what has been your game plan so far?

    We have the best influential and informative lawyers to support and joint venture with us where ever we practice law beyond the boundaries of our nation.

    Their capacities, knowledge and influence with various departments and organisations have helped us get into solutions without delays.

    Your profile takes us to the next interesting angle, being an investor in startups, how do you see these startups scaling employment opportunities for law students ahead?

    The startups create innovations and employment opportunities. Lawyers who are innovative and fast in  adaptive technologies have an advantage over others in advising these startups ans taking them ahead . 

    Young lawyer are more adaptive to technologies and becoming legal advisers to such innovative startups. 

    What thin lines you observed between Indian laws and European law dealing with different transactions?

    European law is more modernized and technologically adaptive to users as for trade and diplomacy . Indian laws have a lot to be changed and we are on the changing phase with many of them .

    The present laws brought out are a fine example of our changing phase in legislative enactments to suit our needs on par with the rest of the world . 

    Young law professionals still often choose hard work over smart work, what do you think about this aspect? How can this be changed?

    Today the legal world needs smart work more than the hard work . So young lawyer who are doing the smart work gain a lot in comparison with those who do the hard work . 

    Smart work can also be called effective work . This is needed to take trade ahead into greater heights for an example . 

    The recent CEPA signed between UAE and India is a fine example for it .

    The hard work of making it is over but to get its benefits to people of trade, smart work of knowledge spreading and practical usage needs to be done which is yet to be done .

    So hard work alone will not suffice today smart work plays a major role for young lawyers especially in trade law . 

    Get in touch with Adv. Ripple Hamza-

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