Super Lawyer

Tag: Arbitration

  • Ratan Singh, Director, Chartered Institute of Arbitrators, on being an International Arbitrator, expertise in Mining Law and his practice at Delhi HC

    Ratan Singh, Director, Chartered Institute of Arbitrators, on being an International Arbitrator, expertise in Mining Law and his practice at Delhi HC

    Mr. Ratan K. Singh graduated from Delhi University, batch of 1996. He is currently the Director of Chartered Institute of Arbitrators (India). His practice mainly consists of International and Domestic Arbitration, International Commercial and Financial Law, Mining Law, Construction and Infrastructure Law, Environmental Law, Constitutional and Administrative Law.

    In this interview we speak to him about:

    • Building up a firm clientele
    • Serving as an arbitrator in various domestic and international arbitrations
    • Being the Director of CIArb India and a career in Arbitration

     

    Please tell us what motivated you to pursue legal studies.

    I somehow felt that my personality, nature and approach towards life would go well with this profession and intuitively decided to pursue legal studies. I strongly believe that it should really come from within and there should be a strong urge for the profession. If you believe in “giving”, this is the most appropriate profession. However these days the importance of “giving” is increasingly being ignored.

     

    What were your plans after graduation?

    I did M.Sc. in Geology before I joined LL.B. As I was university rank holder in Geology, I could have easily become Geologist, however this is not what I wanted to do. I always wanted to be a lawyer. It is another thing that my background in Geology is helping me in my Mining Law practice and I am one of the very few lawyers in country who specialises in mining law and is regularly engaged. Civil Services was never my interest and choice, though in our days every second student used to aspire for Civil Services.

     

    As a fresher just out of college, how did you manage to get a mentor for yourself?

    [sociallocker] After I passed out from my law school, I went to meet many lawyers, including some of them, who at later stage of my career have developed lots of affection and respect for me, but got no chance. I was helped by one of my batch-mates, who was close to one of our law teachers. The said gentlemen took me to my first and only senior (who later became Senior Advocate and Judge in Delhi High Court) with whom I worked for around four and half years.

    This is one profession, one cannot do without a mentor/senior/guide. This is primarily for the reason that lots of procedural and professional aspects are to be learnt. Had this not been so, this practice of pupillage would not have continued for centuries.

    My emphasis however would be that it is of utmost importance to have a mentor who is hard working and honest. One sub – consciously or consciously learns, what he sees in his mentor/senior.

     

    How did you build up on your client base?

    I was a complete outsider in Delhi but I never had any problem in getting work. During my four and half years with my senior, I was completely focused on learning and made no effort at all to find any work for myself.

    When I became independent, all my cases came from and through lawyer friends of my senior, who had seen me working in my senior’s chamber. They were somehow impressed with my hard work and academic interest in the subject. For a lawyer who believes in hard work and honesty, their lawyer colleagues are always a big source of work. There has always been a dearth of hard working lawyers as more and more lawyers who believe in short-cuts etc manage to generate work but they too need lawyers who can really work on the file. Every single law office/chamber and law-firm is always looking for a hard working, honest and trained lawyer.

    What is needed is four and half years to five years of focused learning without thinking about gaining clients and client-base and see the result thereafter. You will always have more work than you can really handle.

     

    What do you look for in your interns when they apply for a position to work with you?

    I look for sincerity and honesty towards work. It is also important that he/she should be reasonably good in their expressions. Anybody who wishes to intern with my office has to send his/her bio-data to the office-in-charge and they get a call, depending on availability of vacancy for interns.

     

    What do you think about the future of legal education in India?

    Lawyers are always needed and will always be needed. People need lawyers in booms and busts alike.

     

    How is the work atmosphere at the Delhi High Court presently?

    I would rate Delhi High Court as the best High Court in the country for more than one reason. It is no doubt true that more and more national law universities and private five year law colleges/universities are producing more and more law graduates. These national law universities have also brought good improvement in the quality of law education (though a lot needs improvement, particularly the quality of law teachers). However it is easy to become a successful lawyer. The only attributes needed are hard-work, honesty and the willingness and urge to give. I see lots of law graduates with good academic background and good potential spoiling themselves because they lack either of these three most fundamental attributes, i.e hard-work, honesty and the willingness and urge to give.

     

    If someone does not go to a top law school, would you say he still has a shot at a great career in law?

    Yes, if one is ready to work hard (around twelve to fourteen hours a day) and is honest towards his office, profession and client, they are bound to be successful lawyers. They are unstoppable. To the contrary, if someone has passed out from a top law school and lacks any of the above mentioned three attributes (i.e hard-work, honesty and the willingness and urge to give), they are likely to fail.

     

    How has your journey been from a fresher to being an expert in arbitration?

    (Mr. Singh has served as an arbitrator and has chaired as a tribunal member or counsel in various domestic and international arbitrations, ad-hoc as well as under the rules of ICC, UNCITRAL, SIAC, ICA, DIAC etc.)

    I followed Arbitration and Conciliation Act, 1996 since its inception. Traditionally in India, there have been two categories of lawyers who have been practicing arbitration. One category is of those lawyers, who have not been in active litigation, though pursued arbitration (mainly from big law firms). Second category comprises of those lawyers, who are only in litigation and off and on doing arbitration, without having basic knowledge of arbitration as a subject. I wanted to bridge this gap. In order to be a good arbitration professional, it is important to have good litigation exposure and experience with substantial experience of cross examination etc. I have been a hard-core litigator with passion for arbitration since the beginning of my career. I have been taking a keen and active interest in the theoretical and philosophical aspects of arbitration, both domestic and international. I have also been attending domestic and international arbitration events as a speaker and delegate.

    Anybody having interest in arbitration should follow the developments in developed arbitration jurisdictions, including UK, USA, Australia, Singapore, Hong Kong, France, Germany, Austria, Netherlands. It is also important to follow arbitration institutions of repute, like Chartered Institute of Arbitrators, UK (of which I am Director of India Branch), ICC, ICCA, SIAC, PCA, ICSID, SIAC, HKIAC, KLRCA, SCC, IBA. Chartered Institute of Arbitrators has on its web-site has made freely available various resources, guidelines etc, which are used and referred to globally. Equally important is to attend arbitration conferences, seminars etc. I would also strongly recommend to follow Kluwer Arbitration Blog.

     

    Can you tell us how you got the opportunity to be an arbitrator?

    (Mr. Singh has been appearing as a counsel in various Asian and European countries.)

    Once people get to know your interest in arbitration or for that matter in any other field of law, you are followed and eventually engaged. I get nominations to sit as an arbitrator as people find me as someone with interest and experience in arbitration. In order to get nomination as an arbitrator, one must enjoy a good reputation. These days, lawyers are increasingly nominated to act as an arbitrator, as it is believed that they are more and more ready to learn and prove themselves.

     

    What are your major responsibilities as a director of the Chartered Institute of Arbitrators, London?

    As director, I am primarily involved, with my co-directors, in policy making for the institution. CIArb is the oldest arbitration institution in world. We are celebrating 100th year of the institution this year. CIarb has members in around 120 countries. This is the only institution in world, which gives accreditation to arbitrators. CIArb also gives accreditation to arbitration tutors. No amount of subscription can get you accreditation. One gets accreditation only by qualification and experience. We conduct training programmes, awareness programmes, conferences etc for lawyers, arbitrators, law students etc. Apart from accredited arbitrator, I am also an accredited tutor. Teaching and speaking on arbitration is one of my passions and interests and this makes me participate in almost all events of CIArb.

     

    Are there any Indian or International courses which you would recommend for law students who would like to build a career in arbitration?

    I will recommend students to follow CIArb courses and training programmes. Apart from law schools, groups of students (around 25 students) can approach us and we (CIArb, India Branch) can conduct courses for them. Such courses can lead to accreditation from CIArb.

     

    What should a law graduate do in his first year of graduation to establish a career in arbitration?

    First things first, learn by heart and mind bare act of Arbitration and Conciliation Act, 1996. Also go through bare acts of at least U.K and Singapore. In addition, UNCITRAL MODEL LAW and UNCITRAL Rules should also be necessarily gone into.

    Arbitration act of U.K. is broadly modelled on UNCITRAL Model law, which is a source of the Indian Act as well.The  benefit one gets by reading UK act is that it is more detailed and is a fantastic source for better understanding of the subject. Singapore has different acts for domestic and international arbitration and by consulting these two acts from same jurisdiction, one would understand the aspect of distinctions for domestic and international arbitration. London is called Mecca for international arbitration. Similarly, Singapore can be said to be Mecca for South Asian countries. Substantial (obviously not all) number of arbitrations, having Indian connection, are generally held in London or Singapore. Therefore it would be wise to follow arbitrations and arbitration laws in these two jurisdictions.

    I also recommend every arbitration student to read and consult rules of institutions like, ICC, SIAC, SCC, UNCITRAL, LCIA. One must remember that ICC is the most sought after Institutional rules for international arbitration.

    Website of UNCITRAL is another good treasure for resources. One must read CLOUT, i.e. the digest of case laws from different MODEL Law jurisdictions. These cases help in understanding the manner in which model law or domestic laws based on model law are interpreted in different jurisdictions.

    Last but not the least, one must buy and read Student edition of book authored by Redfren Hunter. In addition, consult any book (which should not be going into more than one volume) on Indian Arbitration Act. One should simultaneously follow Indian and International arbitration.

     

    What would you like to say about the current state of Arbitration Law in India?

    In recent past, we have seen good forward looking judgments written by Supreme Court of India. Very soon, we are likely to have substantially amended Arbitration Act. Law Commission has suggested substantial and progressive amendments. Though India is signatory to good number of BITs and already facing serious threats of lots of Investment claims, India is not a signatory to ICSID. In February, I had long meeting with Secretary General of ICSID at their Headquarters in Washinton DC and I strongly believe that it would be in the interest of India to become a signatory to ICSID. One change, which I think can take care of many odds in India, should be to have Commercial Courts in India.

     

    What would be your advice on setting up a career in arbitration to law students who are still studying?

    Around eight out of ten commercial contracts in India have an arbitration clause as a dispute resolution mechanism. So far as International commercial transactions are concerned, almost all of them have an arbitration clause. This by itself tells us that arbitration is a fantastic career option for law students.
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  • Ganesh Chandru, Partner, Rodyk & Davidson, on arbitration as a career option and regime of arbitration in India

    Ganesh Chandru, Partner, Rodyk & Davidson, on arbitration as a career option and regime of arbitration in India

    Ganesh Chandru is a partner in Rodyk & Davidson LLP’s Litigation & Arbitration Practice Group. He is admitted to practice in Singapore, England and India, and is a Fellow of the Chartered Institute of Arbitrators and the Singapore Institute of Arbitrators.

    The GNLU Digital Media Team had the opportunity to interview him at ‘Changing Face of Arbitration’ seminar about some very specific areas of the Arbitration Law in India.

     

    What advice would you give to law students who wish to take up arbitration as a career option?

     

    Apart from organising Moots and Seminars, what can a law school do in order to generate interest among the students towards arbitration?

     

    What can be done to reshape the arbitration regime in our country?

  • Ashutosh Ray, Law Assistant, on White Industries and Investment Treaty Arbitrations

    Ashutosh Ray, Law Assistant, on White Industries and Investment Treaty Arbitrations

    Ashutosh Ray had graduated in 2012 from GNLU, Gandhinagar. Thereafter he has been working on various Arbitration Proceedings as a Law Assistant to Mr. Justice A M Ahmadi, Former Chief Justice of India.

    The GNLU Digital Media Team had the opportunity to interview him at ‘Changing Face of Arbitration’ seminar about some very specific areas of the Arbitration Law in India.

     

    After the White Industries award, what are the implications on Investment Treaty Arbitration today?

     

    Certainly the White Industries award has opened floodgates to a lot of claims. What should be the approach of the Govt. of India now?

     

    Your views on the issue of transparency?

    (Transparency is a pertinent issue when discussing Investment Arbitration and Ashutosh recently wrote an article on Transparency Issue for Indian Express.)

     

    What do you think the Govt. of India should do to reshape the position of investment arbitration law which exist today?

  • Shishir Dholakia, Senior Counsel, Supreme Court, on a career in Arbitration in India and the White Industries effect

    Shishir Dholakia, Senior Counsel, Supreme Court, on a career in Arbitration in India and the White Industries effect

    Mr. Shishir Dholakia is a Senior Counsel at the Supreme Court of India with 45 years of experience in litigation practice, over 1000+ cases with specialization in arbitration, commercial and tax laws. He is a leading expert on arbitration law, in particular on the value and applicability of the UNCITRAL Model Law to India.

    The GNLU Digital Media Team had the opportunity to interview him at ‘Changing Face of Arbitration’ seminar about some very specific areas of the Arbitration Law in India.

     

    What would be your advice to law students who wish to take up arbitration as a career?

     

    What kind of skills must a student have if he/she wants to take-up arbitration?

     

    What are your comments on the current state of Arbitration Law in India?

     

    After the recent White Industries award which went against India, what do you think shall be the implication on the Arbitration regime of our country?

     

    Certain International Commentators have taken a counter view and they have argued that the host state should keep an eye on functioning on Judiciary. What are your views?

     

    Some newspaper reports has suggested that the Govt. of India has started revising all its BITs after this award. What do you think can be done for improving the investment law regime as a whole?

  • Tejas Karia, Partner, AMSS, on the Indian Arbitration Regime

    Tejas Karia, Partner, AMSS, on the Indian Arbitration Regime

    Mr. Tejas Karia graduated from ILS Law College, University of Pune, in 2000. He then went on to pursue his Masters at Sir L A Shah Law College, University of Gujarat, with a focus on corporate and commercial law, before going to London School of Economics and Political Science for a second Masters degree, with a specialization in international commercial arbitration and commercial laws. Mr. Karia is currently a partner at Amarchand & Mangaldas & Suresh A Shroff & Co. At the recently organised seminar ‘Changing Face of Arbitration’ at Gujarat National Law University he was invited as a panelist.

    The GNLU Digital Media Team requested him to share his thoughts about a few very specific things in the arena of Arbitration.

    At the seminar, he speaks to students about:

    • The current state of arbitration in India
    • His diverse experience
    • Advice for students aspiring to a career in arbitration

    What advise would you have for law students who wish to take up Arbitration as a career option?

     

    What can a law university do in order to generate interest for Arbitration among the students?

     

    What are your thoughts on the state of Arbitration Law in our country?

     

    After the recent White Industries award which went against India, how do you think it shall affect the Arbitration regime of our country?

  • Abhishek Srivastava on moots, requisites of arbitration work and experience at KLRCA and LCIA

    Abhishek Srivastava on moots, requisites of arbitration work and experience at KLRCA and LCIA

    abhishek-srivastava2Abhishek Srivastava graduated from HNLU, Raipur in 2010. After having explored his options at being an in-house counsel, working with a firm and a litigating lawyer, he joined Kuala Lumpur Regional Centre for Arbitrationas a Case Counsel (KLRCA). He then went on to become the Deputy Registrar at the London Court of International Arbitration, India (LCIA-India).

    Most amazingly, his is not the usual path of success, of a brilliant CGPA and high profile internships, but of learning in life as it comes and then acing  it with all the dedication and go-getter attitude that is asked for.

    We take this opportunity to ask him about:

    • The utility of having participated in moots in his profession
    • Working for two major arbitration institutions, i.e. KLRCA and LCIA-India
    • Requisites for making a career in the field of arbitration

     

    Given that most of our readers are law students and young lawyers, how will you introduce yourself to them?

    I had graduated with a CGPA of 5.1 from HNLU, and thereafter I have been employed in varied job profiles, ranging from an in-house counsel for ETA Star Properties, to working under a lawyer, then working at Kuala Lumpur Regional Centre for Arbitration, and currently being appointed as the Deputy Registrar of London Court of International Arbitration, India.

    I want law students to know that even with this score, I could make it this far. Having said this, I’d like to give out the message that all the people with round about similar CGPA, should never feel that that it is even remotely the end of making a good career in this discipline. CGPA will not be the criteria to determine your success in this field, as long as you are ready to offer the best of your services. One might be an 8 pointer, and that could give him a head start with AZB & Partners or AMSS, but if he doesn’t have the calibre, there is no way he will be able to survive that place beyond six months or one year.

     

    Why did you decide to study law? Did you consider the conventional options of medical studies or engineering?

    At the very outset, I would like to mention, that studying law happened to me because it was recommended by a school friend — Vidisha Nandi. She was the one who  enlightened me about the potential of this field. And, I knew that had I done engineering or medical, I would not have had the caliber to go further in these domains, because my Maths was weak, and Biology was even worse. Honestly, I wanted to enroll for the flight steward programme, but got confused upon being advised to take up law.

    My father thought it was better to go for law, wherein my mother was still considering the old age adage–people who are not able to make their mark elsewhere, take up law. It took a lot of effort to convince them to allow me to pursue this field, and get an opportunity to explore my options. As a result when I started, I did not have much knowledge about this particular field. I had first applied to Mumbai University, since I had no clue about any of the conventional law colleges or NLSIU and the likes.this was also during the time when there was no CLAT, but  separate entrance tests for each of these colleges instead.

    Amidst all this exploring, just six months down the line, I was already considering giving up on this field. It was around that time, that I happened to read about the entrance exam to be conducted by HNLU, and thus started my journey in this realm. It was after joining HNLU, and interacting with teachers like Professor Shantakumar, and Professor Uday Shankar, that I could realize what law was all about, and what was expected out of me in this profession. This was how I developed an interest in law, and the Jurisprudence classes further went a long way in helping me comprehend this field better.

     

    Being a first generation lawyer yourself, do you think it is a disadvantageous position to be in? What would be your advice to other people who are similarly placed?

    My grandfather and father, both pursued the course of LLB, but none of themwent on to practice law. In the beginning, I thought that even I would be carrying forward this tradition of just studying law, and not looking back at it thereafter. Now, I feel that even they should have pursued law further, as it would have definitely provided me with many more opportunities. However, I am glad that I have been able to figure it out for myself, and realize that this is my true calling.

    However, there are a few things that a first generation lawyer should keep in mind, right from the time he begins to think about this profession. In my several interactions with CLAT aspirants, I have come across students who are passionate about taking it up, but give higher preference to factors like staying back in the home city, not having to stay in hostels etc., while choosing a college. If one is not ready to compromise on suchsmall things, then he should not take up law at all, for the struggle after graduation is going to be much more than this.

    Also, for the convenience of all the first generation lawyers, I must mention, that whatever be your area of specialization, in order to excel in this field in India, one must be ready for multi-tasking, and not just stick to your one field of specialization. For example, if one wants to make a career in arbitration, he should be well versed with Corporate Law, requisites of litigation etc. as well.

     

    How did you go about your journey of job-hunting after graduation? How did Kuala Lumpur Regional Centre for Arbitration happen?

    With the kind of CGPA that I had, and  not a great number of good internships as a result thereof, there was only one way to secure a job—getting out in the field and treading the hard way. Hence, right after my graduation, I came down to Delhi, and used to walk into all the law offices that I could get to know of, with my CV. There were only a few good offices that actually entertained this, and were kind enough to conduct interviews. At the same time, I was still confused between taking up a corporate job, or litigation, orexploring many other options that this field could offer.

    In the process, I approached Ramni Taneja, who was associated with Little & Co. at the time. She forwarded my profile to one of her colleagues Mr. Jithesh Thilak, who was the then head of ETA Star Properties in Dubai. Thereafter, I started with my first job as in-house counsel for their company in India, and had to move to Dubai for the required training. It would be interesting to mention over here, that my interview for this job was conducted in a personal meeting with Mr. Jithesh Thilak at Khan Chacha Rolls, when he had come down to India, due to paucity of time on his end.

    Subsequently, I took up my second job under a lawyer, Dr. Adish C. Aggarwala. Coincidentally, it was then that I found my way to KLRCA. He had gone to adjudge the Law Asia Moot Court Competition, and upon his return from there, was carrying a huge compendium. In that compendium, I happened to find the business card of Professor Datuk Sundra Rajoo, Director of KLRCA. It gave me the idea of exploring this new field, and I decided to send across my CV to him.

     

    What was the application and interview procedure that you had to follow for KLRCA? What did your work profile as a Case Counsel at KLRCA consist of?

    After I had sent across my CV, to my utter surprise, I received a reply from him the very next day. He  told me about the available vacancies in KLRCA, and that they were interested in taking in people. Thereafter, I was interviewed through Skype. I was selected on the basis of this interview, after which I was told to come down to Malaysia immediately.

    As a Case Counsel, I was entrusted with the task of managing the international arbitration cases, which involved one Malaysian party and other international party/ parties. Accordingly, I had to look after things like—the requisite authorities before which the case had to be presented, and routing of funds from the parties etc. Even though I was looking after international arbitrations, I had to be extremely thorough with the Malaysian Arbitration Act.

    Along with this, I was also closely involved with their product development exercise, which required me to assist the Head of the Department in making the fast track rules for the institution. I was also involved in comparative analysis of arbitration procedures worldwide, and the marketing activities of the institution. This provided me a very well rounded job, rather than just being at a 9 to 5 desk job.

     

    abhishek-srivastava

    How did the huge leap to becoming the Deputy Registrar of the London Court of International Arbitration happen? How is it different from working at Kuala Lumpur Regional Centre for Arbitration?

    I had applied to LCIA-India in accordance with a vacancy notified by them. Thereafter, I was interviewed by the then Deputy Registrar, along with other candidates. Accordingly, candidates were shortlisted on the basis of this interview, whereafter the shortlisted candidates were again interviewed by the Director General of the London office. The final selection for the post was done on the basis of this interview.

     

    Having been an avid mooter throughout your college life, do you think it assisted  you in this field?

    I believe mooting helped me a great deal, and played an immense role in my performance at different levels. For example, the first opportunity wherein I got to speak in public, apart from law school, was at KLRCA. I strongly believe that while speaking in front of so many arbitration experts, the only thing that aided me in knowing what to say, and the manner of delivery, is my thorough participation in moots.

    So, in order to know the soft skills required during written or oral conversation, I strongly believe that participation in moots goes a long way.

    Specifically, in my case, I was able to project my interest in arbitration to KLRCA, on the basis of two of my moots—International Maritime Arbitration Moot Court organized by Murdoch University, and Willem C. Vis International Commercial Arbitration Moot in Hong Kong. Since I had not taken up any specialization in arbitration, or an LLM, my thorough knowledge in arbitration during interview came from these two moot courts.

     

    What are the internships that law students can take up, if they want to make a career in arbitration?

    To be able to make a career in this field, one must know what arbitration is all about, which includes—the bare provisions of the Arbitration Act or procedure, and how the entire arbitration process starts, proceeds and ends.

    In order to be able know these intricacies, one can intern with an arbitrator, or with an institution, say KLRCA, LCIA etc., or with an arbitration lawyer, or with a firm having an arbitration department. These internships will help you know about the procedures of arbitration, like request for arbitration, its processing, and when do the actual hearings come into play.

    Also, as one will start working at the aforementioned places, misconceptions about arbitration will draw away, like—arbitration is similar to litigation, except that it happens outside the Court. There are arbitrations where hearings do not take place, instead everything is decided on the documents itself, which does not leave any opportunity for the arbitration lawyer to argue at all.

     

    What advice would you give a law student who wants to pursue a career in your field? Since you are now on the other side of the table, can you give us the “recruiters’ point of view”, as to what they are looking for in a potential hire?

    What would be looked in for a potential hire in this field is, how well they can project their interest, which could be by way of thorough knowledge of the field during interviews. For example, my question to all those who claim to be interested in the field is – Have you read the BALCO judgement?

    To start with, a potential employee must know the basics of international commercial arbitration, like compositeur, doctrine of separability, etc. And since we are from India, he must also be clear about the basics of the Indian arbitration, especially the landmark judgements.

    Other ways of reflecting interest in the field is by taking up suitable specialization at graduation and post-graduation level. One could pursue an honours in International Commercial Arbitration at graduation level. At the same time, one could also pursue various courses being offered by Chartered Institute of Arbitrators (CIArb), which entails one to membership of the institute in capacity of an associate, a member, or a fellow, depending upon the course that one pursues. Since I had pursued their course in Malaysia while working with KLRCA, I had the opportunity of being taught by some of the best faculties from around the world.

    After graduation, one could pursue an LLM in International Commercial Arbitration, which could open doors directly into the Permanent Court of Arbitration, Singapore International Arbitration Centre, and other similar institutions.

     

    Where do you see yourself ten years down the line? Do you aspire to be like somebody from this field?

    I would want to be actively working as an arbitration lawyer, arguing before the arbitration panel on behalf of my clients. I would then be able to use my intensive knowledge of rules and procedures of arbitration that I have gained from my current recruitments.

    Also, having worked with these arbitration institutions, I have witnessed a lot of amazing foreign lawyers incorporating some really ingenious methods, while arguing before the panel. So, I will be able take all of that along with me.

    Very humbly, I would want to be like Professor Jan Paulsson. He is one of the leading authorities in the field of arbitration. If one aspires to be an international commercial arbitration lawyer, one must follow him diligently. If somebody has read his works thoroughly, there are absolutely no chances that they would have missed out on anything.

     

  • Dwijen Joshi on being an exceptional scholar, LL.M. from NUS and a career in International Arbitration

    Dwijen Joshi on being an exceptional scholar, LL.M. from NUS and a career in International Arbitration

    Dwijen Joshi is an exceptionally meritorious student of 2013 batch of GNLU, Gandhinagar. He has been a gold medalist in Arbitration. His interest in arbitration and litigation led him to pursue an LL.M. from National University of Singapore. He talks about the Arbitration proceedings in Singapore and he has a lot to say about the opportunities there.

    We asked Dwijen about:

    • Winning a gold medal in Arbitration and scoring well in exams
    • Studying LL.M. for a career in International Arbitration
    • Faculty, Finances and overall academics at NUS
    • Developing interest in Arbitration and ADR
    • Scope of Indian Lawyers in Singapore

     

    Most of our readers are law students and young lawyers. How will you introduce yourself to them?

    I completed my under graduation from Gujarat National Law University in 2013. Immediately after completing my undergraduate studies I headed to National University of Singapore to pursue Masters in Corporate and Financial Services Law. Within the broad legal sphere I have carved out my interest for Arbitration Law. Other than Law, I am very passionate about Music. I have been learning/playing Tabla since my childhood. During my time in GNLU I was part of a talented bunch of musicians in the Music Club.

     

    How did you gravitate towards law? Why law and not engineering or medical studies?

    I chose Law as I think there is no other field that has a convergence with all walks of life. I never saw myself as doing anything else other than being a Legal Professional. This is a profession, which tests your assertiveness and sensitivity to the aspects of society, which requires some attention or examination. I believe law is as much about contemplation and thinking as much as it is about voicing out your stand.

    It is the most dynamic profession that gives you the liberty and tools to question things that would not seem obvious to someone not trained in law. Though there are different branches of law dealing with two main building blocks of society – Government and Corporations, there is one general theme running in the undercurrents and that is of ‘fairness’. I have always been fascinated by this word.

    My family background also influenced my decision to study law. At a very young age, I began to understand the nuances of Law from my father and grandfather. Though, I always had family support in whichever field I joined, learning law was a very natural process and I took the plunge.

     

    You were one of the most exceptional students at GNLU. It’s not every day that someone bags gold medals! Please give us a few actionable tips on managing higher grades.

    Thanks for a very generous description! I am very grateful to GNLU for awarding me the ‘Late Mr. Milon Kumar Banerji Gold Medal’ for Alternative Dispute Resolution (Arbitration). It is a very heartening recognition.

    As far as studies are concerned it is a very personal thing so what worked for me may not be best for others. Therefore my advice is very holistically directed. I think hard work is sine qua non for good grades. Life in law school is like a marathon you have to keep running till the last semester and closely watch your pace throughout the five years.  I believe that higher grades are the by-products of the grit and passion that you show towards learning and therefore, learning should be the goal and not the grades. This will make studying enjoyable.

    I always preferred to study from my own notes as it narrows down your area of focus and can be helpful for revisions during the exams. It is very important to maintain a good mental outlook throughout the whole process. Also, I would say smart work is more important than hard work. Try to identify more relevant areas and focus on them. Regular studies will help manage your time better throughout the semesters.

    To save myself from falling into nerdy bracket, in my defense, I believe five years is a golden period to enjoy to the fullest. For some it will be the last few years as a student. So it is more important to have fun, engage in extra-curricular activities and have a balanced routine. I have been fortunate to meet amazing people here and forged relationships for lifetime.

     

    What was your motivation behind pursuing LL.M.? When did you finally decide that you need to do Masters?

    The decision to pursue LL.M. was the most important decision that I made in last two years. It was in my fourth year of undergraduate studies that I felt I still had one more year of student life left and took the decision. Therefore, I did not get myself registered with Committee on Recruitment Affairs (CRA) for placements. My motivation to pursue an LL.M was to have an exposure of studying law in a top ranking International Law School. It was a risky decision as it was an investment of time, energy and money. And I had again exposed myself to academic judging for sixth year in a row. But it was my passion to experience the intellectual rigour of a Law School such as NUS, which kept me driven.

    I had planned to build specialized knowledge base and skill set through an LL.M, which was not possible through an undergraduate degree. An LL.M provided me with a head start into such complex legal concepts which otherwise would be possible only after two or three years of practice.

     

    How did you choose NUS over others? How did you go about choosing a university?

    I followed bottoms-up approach while making the applications. I sorted out my areas of Interest and my expectations from an LL.M in terms of knowledge and skill-set. Then I went about choosing the universities, which are reputed I was interested in. Finally I had short-listed only five universities where I eventually sent my applications. All were UK based except for NUS.

    I chose not to apply to US, as pursuing LL.M there is little expensive affair. In London-based universities one gets to study four modules throughout the LL.M. whereas NUS requires completion of total 40 credits, which means one has to study 10 modules of four credits each. I chose to go to Singapore also because of my interest in Arbitration Law and increasing popularity of Singapore as a Hub of Arbitration in Asia.

     

    Does NUS provide students with scholarships? Are there any other institutions, which provide scholarships?

    NUS does provide for scholarships. The criterion for selection is competitive. I am not sure if they have instituted scholarships especially for Indian students. There are some scholarships awarded by British Council for UK universities. Felix and Inlaks scholarships are also very famous amongst law students. The former is only for UK universities. Ministry of HRD also has some scholarship schemes that keep changing so one has to look for it constantly.

     

    Did you undergo a rigorous academic schedule? How was that different from your under-graduate course?

    Life in NUS was rigorous in comparison to the under-graduate course. Time management is the key to grapple with the demands of the respective modules chosen. The faculty will expect you to go through the reading materials before each class. For some modules the assigned reading for each seminar may be painfully long and may run up to nearly hundred pages or more. The class hours are also very long. One Seminar will be three hours long.

    The class contains a very diverse group of people. Some of them will have had experience of working in law firms in their home jurisdictions on the issues being discussed in the class. So for some modules the faculty recommends to have some foundational understanding. The assessment patterns for the courses are diverse. The assessments are split across the semester and the submissions may fall within close dates. Evaluations include class presentations, research paper submissions, group exercises – I also had a chance to appear in an Arbitration moot for one of my courses.

     

    NUS is well renowned for its brilliant faculty. How was your experience with the faculty?

    The NUS law faculty consists of professors who have established an international repute for their contribution intheir respective areas of expertise. The best part of NUS is that it invites professors from different universities across the world to come down and conduct intensive courses in NUS itself. Intensive modules last for about three weeks. I had an opportunity to undertake Word Trade Law seminars conducted by Prof. Joseph Weiler. He is currently President of European University Institute, Florence. He is a world-renowned academician in the field of Trade Laws. He is also a distinguished panel member of World Trade Organization. I took a module on International Investment Law taught by Prof. Loukas Mistellis. He is the Director of International Arbitration at Queen Mary University, London.

    Some courses have very high demand and usually oversubscribed including the Mergers & Acquisition course conducted by Prof. Umakanth Varottil. He is an ex AMSS partner who is revered for his expertise in Corporate Law. The way stalwarts like them conduct the seminars sometimes becomes very exhilarating. As, some may follow Socratic method of teaching. In Prof. Weiler’s class it is suicidal to go unprepared. His random questions thrown at you compels you to spontaneously frame complex legal arguments and make you think on your feet. An unanswered question may bring embarrassment. It is this unique learning experience, which helps one develop exceptional skill-set necessary for an international lawyer to be. Some professors prefer lecture method of teaching and the class aura is cool with such professors.

     

    How difficult was studying abroad in terms of finding accommodation, finances and settling in?

    Finding an accommodation is not an issue at NUS. The university has built state of the art accommodation infrastructure called UTown. It is situated at Kent Ridge campus that is few metro-stations away from the Bukit-Timah campus where the law school is situated. The policy of NUS is to give preference to research students pursuing a doctorate and exchange students while allocating accommodation. Nevertheless, many people are able to successfully get accommodation within the university accommodation itself.

    NUS provide internal bus service to shuttle students between Utown to law campus.  Other than that, there are private hostels, which are just walking distance away from the law campus. Two such places popular amongst LL.M students coming to NUS are Evans Hostel and Singapore International Campus. I was putting up at College Green Villas, which was just a stone’s throw away from the law campus. As for finances my parents supported me.

     

    You were involved in a Bilateral Investment Treaty (BIT) case last year. What was this all about? How did you get to work on this? What did your job entail?

    International Arbitrations can be broadly classified into International CommercialArbitration and Investment Treaty Arbitration. India is signatory to several Bilateral Investment Treaties (BIT) with various countries. A foreign investor from the country, which is Signatory to a BIT with India, can invoke Investment Arbitration against India under such treaty. This is a developing area of Arbitration and the law is still in formative stage. The issues pertaining to jurisdiction and enforcement are most likely to come-up in such cases. I knew of a law firm in Delhi – Dutt Menon and Dunmorrsett that dealt with the famous Vodafone Tax case. They provided me an opportunity to work with them on a BIT arbitration issue. It was a very exciting opportunity and a constructive engagement before heading back to NUS.

     

    What are the internship opportunities in Singapore?

    It is possible to get internships in Singapore-based law firms provided the applications are sent at the right time to the right firm. For those coming to NUS for LL.M it will be helpful to them if they prepare a list of the firms where they want to intern before coming to Singapore. During the course of the semester managing internship applications alongside the usual coursework tasks, becomes little edgy.

     

    How did you develop interest in Arbitration? Where do you see yourself by the end of the coming five years?

    I had an interest in Dispute Resolution especially litigationeven before joining law school. At that time I did not know much about arbitration. My first initiation into the subject was when I chose to write a paper on it in my first year of Law School itself. Gradually with internships, interactions with the experts in the area and of course with formal initiation into the subject in GNLU, I realized that I have a knack for this area. Five years down the line I see myself as a counsel involved in Litigation as well as Arbitration. In the long term I see myself as working in Dispute Resolution practice area of an Indian Law firm. Moreover I see myself as an Indian lawyer qualified to practice in UK and Singapore after having cleared QLTS (Qualified Lawyer Transfer Scheme) and FPE (Foreign Practitioner Examination) for the respective jurisdictions.

     

    Do you think that Singapore is gradually becoming the hub of Arbitration in Asia, especially for Indian Arbitrations? What are your thoughts on this? What are the opportunities for Indian Lawyers?

    Singapore is becoming a favorite destination for the Arbitration Practitioners across Asia including India. The number of Arbitration agreements involving Indian parties, stipulating Singapore as a seat of Arbitration is increasing. A lot of sophisticated Indian Arbitration disputes are being settled in Singapore International Arbitration Center. It is a preferred destination also for ad-hoc arbitrations as Singapore courts have adopted a very favourable arbitration policy. Many Indian companies have their investments in Singapore so it becomes easy to enforce the award. In Singapore, Foreign-qualified lawyers who pass the Foreign Practitioner Examinations (FPE) can apply for a Foreign Practitioner Certificate (FPC) from the Attorney General to practice in permitted areas of Singapore law.

     

    Lastly, what would be your message to people who want to take up a career in Arbitration?

    I will say it is an exciting career option.  It is also very challenging at the same time. Arbitration and Litigation are two sides of the same coin. So if one enjoys spending more time arguing cases outside the office comforts, this is where they should see themselves. The skill set required for a counsel arguing before a court and before an Arbitration Tribunal is same. Except in the case of International Arbitration, the style of arguments differs if the Tribunal consists of experts trained in Civil Law in which case the style of arguments is substantially different from what Common Law lawyers like us are trained to use.

    Lastly, I will say for those who do not have a legal background in their family and want to pursue litigation as a career option, just go for it if that is your calling. There will be hardships in the beginning, the incentives are less but in the end it is your passion, which will drive you forward towards success – so that in the end you can proudly say ‘And that has made all the difference’.

  • Rukmini Das, Masters candidate, international dispute settlement, on studying in Switzerland, demanding curricula, and plans after masters

    Rukmini Das, Masters candidate, international dispute settlement, on studying in Switzerland, demanding curricula, and plans after masters

    rukmini-das2Rukmini Das graduated from NUJS, Kolkata, in 2011. Following that, she worked with PXV Law Partners as an associate for three months, before deciding to pursue her masters.  She is currently pursuing a masters in international dispute settlement, a degree which is jointly offered by the Geneva University Law School and the Graduate Institute of International and Development Studies, Geneva.

    In this interview we speak to her about:

    • Studying in Switzerland as opposed to more conventional destinations abroad
    • Application procedure, scholarships and her curriculum
    • Her experience studying in Switzerland and plans thereafter

    What was your motivation behind doing LL.M.? 

    At the graduation level, we only touched upon all the main branches of law, learning only a little more when we took optional subjects. I decided during  my 5th year that I would pursue an LL.M., but was not yet sure when or where. However, following the herd mentality, I started working in a corporate law firm right after graduation. Halfway through the year, although I liked the work atmosphere, loved my colleagues and superiors, I realized that I cannot see myself doing this year after year. This was not my area of interest! Then I started applying for LL.M.

    How did you choose the university/ college? Where else did you apply? How should one go about choosing an university?

    I came across the course I am studying now, on the website of the International Law Students Association (ILSA), while preparing for the Jessup Moot in 5th year (ILSA organizes Jessup). This is not a particular university/college, it is a programme organized jointly by the Geneva University Law School and the Graduate Institute of International and Development Studies, Geneva. I want to stress that I selected the course, not the school. This is very important for anyone deciding on an LL.M. [for example, Harvard is famous for its business law, and maybe some other kinds of law, but may not be the best for all branches of law. Don’t go to Harvard for the sake of Harvard, as long as your other option is among the better ones].
    The main reason for zeroing in on the course that I did? The faculty! Recruitment chances are also a consideration.
    I had also applied to Queen Mary’s arbitration programme (chose not to take it up) and Cambridge University (did not get a call).

    What are you studying now? Why did you decide to take this particular subject? Any interesting details about the course worth sharing?

    I am studying Masters in International Dispute Settlement (MIDS). I selected this for the course structure and content. It is one of a kind in the world (www.mids.ch). There are so many interesting things, I don’t know where to begin! Though the course focuses on private and public international dispute settlement (why I selected it in the first place), there are opportunities to take optional courses from the regular courses offered at the graduate institute and Geneva university law school, which means I can also take courses in substantive law subjects. There are also many intensive courses offered at MIDS, over two to three days, by the best in the profession. Tutorials are also an integral part of the curriculum, not to forget conferences, site visits to international institutions, etc. I could go on and on.

    How is your experience so far? Tell us about the faculty and facilities. Anything memorable that is stuck in your mind?

    The Course directors (professors of our main courses on dispute settlement), the staff all make us feel like part of a family, with regular cocktail events which give us an opportunity to talk about stuff outside class. The experience has been mind blowing! Everything is memorable. Especially memorable were the public international law tutorials because of our Tutor, who is now a professor at Geneva University, and I feel really bad for future MIDS students, who will not have the opportunity to be taught by him.
    Facilities are great, giving us access to two libraries (Geneva Uni and Graduate Institute) as well as facilities coming with them.

    How’s the Indian fraternity over there? Are there many Indian students?

    My class has only 33 students, with one other Indian. There have been two Indians in every year of the programme, which commenced in 2008. The graduate institute has many Indian students, in economics, social sciences, development studies. I am not sure of Geneva University.

    rukmini-das3How is the recruitment/ placement situation for overseas students?

    All students are overseas in my class – not a single Swiss citizen. We get all the help possible from the career services of the graduate institute. We keep getting information on internship and job openings, via email. Career services is always there to help us with any questions we may have.

    How is the academic schedule? Is there a lot of academic work?

    Because of the immense flexibility in courses we can choose, in terms of optionals and intensives, and the conferences and institution visits we go for, hardly anybody has the same schedule as another. Schedules also vary from week to week. There is a LOT to read, a LOT. One week (the worst), we had to read about a 1000 pages. Except for that week, readings are in the vicinity of 500 pages, and are manageable if you manage your time well. Moreover, if you like the reading material, which you should, since you selected the courses, time should just fly. Classes are not just one-way lectures with note-taking, they are full of interesting discussions, made even more exciting with the presence of students from around 25 countries and teachers of such vast experience.

    What about accommodation?

    Depends on how much money you have. Of course, Geneva is among the most expensive cities in the world. Taking that into consideration, accommodation offered by MIDS administration is pretty good. Kitchens are provided, there is no concept of a “mess”. Cooking is ideal anyway – saves a lot of money!

    Tell us about your classmates – is there a predominantly international crowd? What is the general age group of students?

    I don’t have a single Swiss classmate. The students largely come from Europe, few from North and South America, and a decent number from Asia. I don’t have any classmates from Africa, but that is probably a coincidence this year. I have met quite a few at the Graduate Institute, part of other courses. Ages of my classmates ranges from 23 to 32 years. Many have come for their second LL.M., some have come here in the middle of their Ph.D.

    Do you get time for any extra-curricular activities?

    No. Partly because there’s too much to read, partly because a lot of the Geneva University activities requires a good knowledge of French!

    How does one go about scholarships? Does the institute offer any scholarship?

    MIDS offers a few scholarships every year (from an external sponsor). As far as I understand, they are merit-cum-need based. There are also scholarships offered by the Swiss government for Indian students, but the deadline generally expires before the MIDS offer letter arrives.

    What are your future plans? Going forward, how do you expect this experience to influence your career?

    My future plans are related to public international law. No further comments on that! Too early to say anything concrete. The MIDS is perfect for the faculty there, the opportunities one gets for contact-building, the variety of job opportunities in a single city! I strongly recommend it.

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