Super Lawyer

Tag: Arbitration

  • “My approach to handling high-profile constitutional cases and PILs, particularly those involving the Union of India is grounded in rigorous legal research, collaboration with seniors, and a steadfast commitment to upholding constitutional integrity.” – Sahil Sood, Advocate On Record at Supreme Court of India.

    “My approach to handling high-profile constitutional cases and PILs, particularly those involving the Union of India is grounded in rigorous legal research, collaboration with seniors, and a steadfast commitment to upholding constitutional integrity.” – Sahil Sood, Advocate On Record at Supreme Court of India.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With your impressive and extensive background in law, what initially sparked your passion for pursuing a legal career? Was there a specific moment or experience that motivated your decision, or did your interest gradually evolve over time?

    My passion for a legal career ignited during my early twenties, sparked by a single, transformative experience. I was working a summer job at a local nonprofit when I sat in on a community meeting where a pro bono lawyer was helping a group of tenants fight an unjust eviction. The way that lawyer wielded the law, calmly dismantling the landlord’s arguments with precision and turning a seemingly hopeless situation into a victory for those families, was nothing short of inspiring. 

    It hit me then: the law wasn’t just a set of rules; it was a tool to level the playing field and give a voice to those who might otherwise be silenced. I started reading everything I could about legal precedents and civil rights, and I found myself drawn to the intellectual challenge of untangling complex problems. 

    Law school only amplified that drive, as I discovered the satisfaction of building a case and seeing it through. Over the years, what began as a spark of admiration has matured into a deep-seated passion for using my skills to advocate, solve problems, and uphold justice—whether in the courtroom or beyond.

    Given your varied internship experiences at prestigious firms, how did these formative experiences shape your legal perspective? How did they guide your eventual decision to specialize in arbitration and energy law, which have become key pillars of your practice?

    My internships at prestigious law firms provided a robust foundation for my legal perspective and career trajectory. V. Shekhar Mohan, a distinguished Senior Advocate, was the first in this fraternity to guide me when I was in my first year, mentoring me throughout my five years of college during my internship with him; tragically, his passing during COVID-19 was a profound loss to the legal community, where he had served as a Special Tax Counsel and amicus curiae in numerous matters before the Supreme Court.

    I also interned  in corporate law, where I assisted in drafting agreements and gained insight into the intricacies of business transactions—an experience that honed my analytical skills. Subsequently, I have interned at leading laws firms of India including Khaitan & Co, Amarchand Mangaldas (now Shardul Amarchand and Cyril) , Luthra & Co (Now Split into Luthra and Saraf) specializing in real estate law, where I engaged with property transactions and regulatory frameworks, deepening my appreciation for precision and detail. My most formative experience came during an internship focused on mergers and acquisitions, where I contributed to due diligence and risk assessments for large-scale corporate deals. The intellectual rigor and strategic thinking required in that environment profoundly influenced my approach to problem-solving.

    Upon graduating, I joined the office of the Additional Solicitor General at the Delhi High Court, where I spent several years immersed in high-stakes litigation and advisory work. This role exposed me to complex constitutional and public policy matters, refining my advocacy skills and broadening my understanding of legal systems at the intersection of law and governance. Following this, I transitioned to private practice at leading law firms, where my focus shifted toward arbitration and the regulatory sector, particularly energy and petroleum law. My early exposure to arbitration during internships resonated with me, as I valued its efficiency and resolution-oriented nature—qualities well-suited to the corporate and M&A work I had encountered. 

    In the energy domain, I developed expertise in regulatory frameworks, including the operations of DISCOMs and the tariff-setting processes overseen by electricity commissions, which involve navigating intricate balances of cost, compliance, and policy. These experiences collectively shaped my specialization. 

    The internships instilled a versatile skill set and curiosity for complex legal challenges, while my tenure at the ASG office provided a rigorous grounding in advocacy and public law. Together, they guided me toward arbitration and energy law, which now form the cornerstones of my practice, blending practical dispute resolution with the dynamic regulatory landscape of critical industries.

    Your involvement in assisting senior counsels on landmark constitutional matters and public interest litigation is truly commendable. Could you provide insights into your approach when handling high-profile constitutional cases, particularly those involving the Union of India or challenging critical policy decisions?

    My approach to handling high-profile constitutional cases and public interest litigation, particularly those involving the Union of India or challenging critical policy decisions, is grounded in rigorous legal research, strategic collaboration with senior counsels, and a steadfast commitment to upholding constitutional integrity. Over the years, assisting senior counsels on landmark matters has equipped me with the tools to navigate complex legal frameworks, anticipate executive responses, and advocate effectively for justice.

    One notable instance was my involvement in the Serious Fraud Investigation Office (SFIO) matter concerning Bhushan Steel, where I assisted senior counsel in addressing allegations of financial misconduct involving the diversion of funds through  associated companies. My role included analysing extensive financial evidence to support arguments on corporate accountability within constitutional and statutory bounds—an exercise that demanded precision under intense scrutiny. 

    Similarly, I contributed to arbitrations between the Government of India and other countries, where I helped interpret treaty obligations and domestic laws like the Arbitration and Conciliation Act. These cases often required ensuring India’s sovereign interests were robustly defended, drawing on precedents like White Industries to address enforcement delays, blending constitutional and international law perspectives.

    I’ve also assisted in cases where procedural challenges arose, such as matters before tribunals that could not proceed due to an incomplete quorum. For instance, I worked with senior counsels on disputes where the absence of requisite tribunal members stalled adjudication, requiring us to strategize interim reliefs or push for administrative resolutions under constitutional provisions like Article 14 and 21. These experiences underscored the importance of adaptability and leveraging judicial oversight to address systemic gaps.

    In another significant case, I supported senior counsel in a citizenship matter involving a Pakistani citizen visiting India. This involved dissecting the Citizenship Act alongside Article 14, balancing national security with individual rights. The Rakesh Asthana matter at the CBI was equally impactful. I assisted the ASG involving Sathish Sana Babu in the money laundering case related to the controversial meat exporter Moin Qureshi.

    Currently, I’m engaged in two critical PILs. One seeks approval for regulated stem cell therapy under Article 21, where we’ve achieved a milestone with the High Court granting permission for its use in autism cases. My role involves coordinating with medical experts and advocating for a broader regulatory framework, aligning public health with constitutional rights. 

    The second, still pending, addresses the tragic death of a child due to alleged negligence by GNCTD hospitals and schools. We’re examining lapses in duty of care, drawing on precedents of state liability, and seeking both compensation and structural reforms—though the case remains unresolved due to ongoing proceedings.

    Across these matters, my approach remains consistent: anchor arguments in constitutional doctrine, collaborate closely with seniors to refine strategy, and pursue outcomes that balance individual rights with public interest. Whether addressing Union policies, tribunal delays, or systemic negligence, I aim to ensure the law serves as a robust instrument for accountability and equitable relief.

    What inspired you to take the bold step of establishing your own practice? Was there a particular vision or experience that motivated you to venture into entrepreneurship within the legal field, and how has this decision shaped your professional journey?

    The decision to establish my own practice was a bold evolution, sparked by a wealth of professional experiences and the transformative guidance by the seniors I have worked with. 

    In my early years, Maninder Acharya, Senior Advocate, laid the bedrock of my legal journey. She instilled in me the essentials—ethical practice, thorough preparation, and professionalism—equipping me with the resilience and integrity needed to navigate the initial challenges of a legal career. 

    Later, it is Dama Seshadri Naidu, Senior Advocate and former judge of the High Courts of Hyderabad, Kerala, and Bombay, who inspired me to take the entrepreneurial leap into chamber practice. His mentorship elevated my capabilities, sharpening the advanced skills that now define my independent work. His influence is profound and multifaceted. A seasoned jurist turned advocate, he brought a rare blend of judicial insight and courtroom mastery to his mentorship. Having served on three High Courts, he adjudicated complex constitutional and regulatory disputes, and his return to practice as a Senior Advocate in 2021—arguing before the Supreme Court—demonstrated a fearless adaptability that he urged me to emulate. 

    He saw chamber practice as the ultimate test of a lawyer’s mettle, and he took it upon himself to refine my abilities to meet that standard. He sharpened my drafting skills, insisting on clarity and precision. His feedback was exacting: ‘A good lawyer argues; a great lawyer persuades,’ he’d say, pushing me to craft submissions that were not just sound but compelling.

    He also honed my advocacy skills, emphasizing the art of oral argument. His tenure as a judge had given him an uncanny ability to spot weak links, and he trained me to pre-empt them. Beyond technical skills, he instilled a strategic mindset—how to read a case’s broader implications, a perspective honed from years of authoring judgments. His passion for legal education, evident in his guest lectures at judicial academies  and it inspired me to deepen my own research, ensuring my arguments were rooted in robust precedent and policy. He pushed me to lead these cases independently, refining my drafts to withstand scrutiny and my arguments to drive systemic change.

    Establishing my own practice was the culmination of this journey. Dama Seshadri Naidu’s vision—that a lawyer’s true strength lies in autonomy—aligned with my desire to focus on constitutional advocacy, arbitration, and regulatory reform, passions forged through energy and petroleum law work. His training empowered me to tackle the cases with expert collaboration. 

    This path is demanding—building a practice requires grit—but with his mentorship, it’s become a platform to effect change on my terms, reflecting the excellence he demanded.

    As an Advocate on Record at the Supreme Court of India, how do you navigate complex legal issues in representing clients in arbitration and cases under the Arbitration Act? Can you share examples of particularly challenging cases that tested your legal expertise?

    As a recently appointed Advocate on Record at the Supreme Court of India, I draw on years of handling matters before the apex court to navigate complex legal issues in arbitration and cases under the Arbitration and Conciliation Act, 1996. My approach hinges on a deep dive into statutory frameworks, a strategic grasp of judicial restraint, and relentless preparation to represent clients effectively—whether in arbitration disputes or broader civil litigation. The Supreme Court’s nuanced oversight demands precision, and my role as an AoR amplifies my responsibility to streamline filings and argue with clarity, honed over time through challenging cases.

    One case that tested my expertise was an election matter under the anti-defection law in the Tenth Schedule. Representing a party contesting a legislator’s disqualification, I grappled with interpreting ‘voluntarily giving up membership’ against merger exceptions. Another arbitration matter involved a clause drafted to exclude ‘financial defaults’ from arbitration, limiting remedies to civil courts. I argued under Section 11, citing Vidya Drolia v. Durga Trading Corporation, to sever arbitrable disputes while preserving parallel remedies—a tightrope walk of contract interpretation and jurisdiction.

    An SLP against a Section 37 order under the Arbitration Act posed a steeper challenge. The appellate court had upheld an arbitral award my client deemed unconscionable, and the Supreme Court’s minimal interference narrowed my window. I crafted the plea around ‘patent illegality’ under Section 34, distilling a dense record into a focused argument, testing my ability to balance arbitration’s finality with judicial review. Contempt matters have been equally demanding, especially when my client faced direct contempt. In one instance, a senior official’s public defiance of a court order triggered suo motu proceedings. Defending required navigating the Contempt of Courts Act, securing compliance through apologies, and arguing proportionality—stretching the diplomacy and advocacy under fire. Complex property civil suits have also been a significant part of my practice, often involving intricate interpretations of the Code of Civil Procedure (CPC). 

    Execution proceedings further complicate matters. Enforcing arbitral awards and court decrees—whether against reluctant parties or tangled assets—often faces resistance, like in a case where a decree holder struggled to attach property due to third-party claims. 

    As an AoR, I now channel these lessons into tackling the Supreme Court’s exacting standards, ensuring complex issues—from arbitration to CPC-driven suits—find resolution through rigorous, client-focused advocacy.

    In your experience representing DISCOMs, transmission companies, and PSUs before various courts and tribunals, what are some of the key challenges you face in interpreting and enforcing the Electricity Act, 2003? How do you ensure that your clients comply with its evolving regulations?

    1. Key Challenges in Interpreting and Enforcing the Electricity Act, 2003
    • Unclear Rules and Provisions:   


    The Electricity Act, 2003, aims to modernize India’s power sector by encouraging competition and consumer benefits, but some of its sections—like those governing open access to transmission lines or setting tariffs—are not clearly defined. This lack of clarity often leads to disagreements between companies, regulators, and consumers, resulting in legal battles before courts or tribunals like the Appellate Tribunal for Electricity (APTEL). For example, terms like “non-discriminatory access” can be interpreted differently, creating confusion.

    • Frequently Changing Regulations: 


    The power sector is dynamic, with new rules, amendments, and policies introduced regularly by the Central Electricity Regulatory Commission (CERC), State Electricity Regulatory Commissions (SERCs), and the Ministry of Power. For instance, requirements like renewable purchase obligations (RPOs) or grid stability standards evolve over time. Keeping up with these updates is tough, especially when court rulings may not yet reflect the latest changes, leaving companies uncertain about compliance.

    • Financial Struggles of DISCOMs:


    Many Distribution Companies (DISCOMs) face significant financial losses due to high operational costs, unpaid bills, and subsidies they must provide. This financial strain makes it challenging to invest in infrastructure upgrades or meet regulatory mandates under the Act, such as reducing losses or adopting new technologies. Transmission companies and PSUs also face pressure to balance profitability with public service obligations.

    1. How Compliance is Ensured
    • Staying Updated with Changes: 


    Companies must actively monitor updates to the Electricity Act, regulatory notifications, and judicial decisions. This involves reviewing orders from CERC, SERCs, and government policies to ensure their operations align with the latest requirements.

    • Relying on Expert Guidance: 


    Legal and technical experts play a key role in interpreting complex provisions of the Act and advising on compliance. For instance, they help navigate tariff disputes or ensure adherence to open access rules, reducing the risk of penalties or legal challenges.

    • Training and Awareness: 


    Regular training programs for employees—covering topics like regulatory obligations, renewable energy targets, or consumer rights—help ensure that staff understand and implement the Act effectively. This is especially important for frontline teams dealing with customers or grid operations.

    • Strategic Planning and Execution: 


    Companies develop long-term plans to meet mandates, such as integrating renewable energy sources or reducing transmission losses. This might involve upgrading infrastructure, improving billing systems, or securing funds to address financial gaps, ensuring they comply with both the letter and spirit of the Act.

    1. By addressing these challenges with proactive measures, DISCOMs, transmission companies, and PSUs can better navigate the complexities of the Electricity Act, 2003, and its evolving framework

    You’ve represented a diverse range of clients, from builders and road contractors to energy companies. What are the most significant legal hurdles these industries face, particularly in terms of contract disputes, compensation claims, and force majeure events especially during challenging times like the pandemic?

    1. Contract Disputes
    • Construction Industry (Builders and Road Contractors): 
      Contract disputes often arise due to delays in project timelines, cost overruns, or disagreements over scope of work. For instance, builders may face conflicts with clients or subcontractors over incomplete payments or quality of materials, while road contractors deal with government agencies disputing milestones or penalties for delays. Ambiguities in contract terms—like unclear deadlines or variation clauses—frequently escalate these issues.
    • Energy Companies:
      DISCOMs, transmission firms, and PSUs often encounter disputes over power purchase agreements (PPAs), tariff adjustments, or delivery obligations. For example, a DISCOM might argue with a generator over pricing during low demand, while transmission companies face disputes with contractors over infrastructure delays. Rigid contract terms can complicate renegotiation during unforeseen events.
    1. Compensation Claims
    • Construction Industry:
      Builders and road contractors often file compensation claims for additional costs incurred due to delays, such as extended equipment rentals or labor expenses. However, proving entitlement to compensation is tough—clients or government bodies may reject claims citing inadequate documentation or failure to mitigate losses. During the pandemic, claims surged due to halted work, but proving the extent of loss was a hurdle.
    • Energy Companies:
      Energy firms, especially DISCOMs, face compensation disputes with consumers or suppliers. For instance, consumers may demand refunds for outages, while generators seek payments for idle capacity during low demand (e.g., pandemic lockdowns). Regulatory caps on tariffs and financial distress often limit their ability to settle claims, leading to prolonged litigation.
    1. Force Majeure Events (e.g., Pandemic)
    • Construction Industry:
      Force majeure clauses—covering events like natural disasters or pandemics—are critical but often poorly defined in contracts. During COVID-19, builders and contractors struggled to invoke these clauses to excuse delays or seek extensions, as clients argued that pandemics weren’t explicitly listed or that mitigation wasn’t attempted. Courts had to interpret whether lockdowns qualified, creating inconsistency in rulings.
    • Energy Companies:
      Energy firms faced similar challenges. For example, DISCOMs saw demand plummet during lockdowns, triggering disputes with generators over “take-or-pay” obligations in PPAs. Invoking force majeure was contentious—generators argued it didn’t apply to payment duties, while DISCOMs cited revenue losses. Regulatory interventions, like moratoriums, added complexity to enforcement.
      1. Common Challenges Across Industries
    • Proving Causation and Loss: Both sectors struggle to link delays or losses directly to events like the pandemic, requiring detailed evidence (e.g., timelines, financial records) that’s often incomplete.
    • Cash Flow Strain: Compensation delays or disputed payments worsen financial pressures, especially for contractors and DISCOMs already operating on thin margins.
    • Regulatory Uncertainty: Shifting government policies—e.g., pandemic relief measures or tariff revisions—create confusion, making compliance and dispute resolution harder.
    1. Addressing These Hurdles
    • Clear Contracts: Drafting precise terms for scope, timelines, and force majeure events reduces ambiguity.
    • Documentation: Maintaining robust records of delays, costs, and mitigation efforts strengthens claims.
    • Negotiation: Early dialogue with counterparties can resolve disputes before they reach courts.
    • Legal Expertise: Engaging specialists helps navigate complex regulations and precedents, especially during crisis.

    With your vast exposure to both national and international legal practices, what advice would you offer to aspiring young legal professionals who wish to pursue complex commercial litigation, particularly in sectors like infrastructure, energy, and regulatory law?

    Advice for Aspiring Legal Professionals

    1. Build a Strong Foundation in Core Skills

    • Master Contract Law:
      Commercial litigation in infrastructure and energy hinges on contracts—whether it’s construction agreements, power purchase agreements (PPAs), or regulatory tariffs. Understand how to draft, interpret, and challenge contract terms, especially clauses like force majeure, liquidated damages, and termination rights.
    • Sharpen Research and Analysis:
      Cases in these sectors often involve technical details (e.g., grid stability, project delays) and evolving regulations. Develop the ability to dig into statutes like the Electricity Act, 2003, or international standards like FIDIC contracts, and connect them to case facts.
    • Hone Advocacy Skills:
      Whether before courts, arbitral tribunals, or regulators like CERC, persuasive communication—both written (pleadings) and oral (arguments)—is key. Practice clarity and precision to stand out.

    2. Specialize Early, but Stay Versatile

    • Pick a Niche
      Focus on infrastructure (e.g., roads, real estate) or energy (e.g., renewables, DISCOMs) to build expertise. These sectors have unique challenges—land acquisition disputes in infrastructure or tariff battles in energy—that reward deep knowledge.
    • Understand Regulatory Law:
      Regulatory bodies (e.g., SERCs, NHAI) heavily influence these industries. Learn how they function, their rules, and how judicial review works (e.g., APTEL rulings). This sets you apart in litigation involving policy interpretation.
    • Adapt Internationally:
      Global projects often use frameworks like FIDIC or involve cross-border disputes. Familiarize yourself with arbitration under ICC or UNCITRAL rules, as infrastructure and energy cases increasingly go international.

    3. Get Hands-On Experience

    • Work with Firms or Seniors:
      Join a law firm or assist a senior advocate handling commercial litigation in these sectors. Exposure to real cases—say, a road contractor’s delay claim or a DISCOM’s tariff dispute—teaches practical nuances no textbook can.
    • Engage with Tribunals:
      Shadow or clerk at forums like APTEL, NCLT, or arbitral panels. You’ll see how technical evidence (e.g., project timelines, financial losses) is argued and adjudicated.
    • Take on Pro Bono or Small Cases:
      Early in your career, handle smaller disputes (e.g., consumer energy complaints) to build confidence and courtroom experience.

    4. Understand the Business Side

    • Learn the Industry:
      Litigation isn’t just about law—it’s about the client’s world. Study how infrastructure projects are financed (e.g., PPP models) or how energy markets work (e.g., renewable integration). This helps you craft arguments that align with commercial realities.
    • Think Beyond Winning:
      Clients value solutions—settlements, renegotiations—that save time and money. Develop a problem-solving mindset alongside litigation skills.

    5. Stay Ahead of Trends

    • Track Policy Shifts:
      Laws and regulations evolve—think renewable energy mandates or infrastructure funding schemes. Read government notifications, industry reports, and case law updates to anticipate legal challenges.
    • Embrace Technology: 
    • AI tools, e-courts, and data analysis are transforming litigation. Learn to use them for research, case management, or presenting evidence.

    6. Build Resilience and Networks

    • Prepare for Complexity:
      These cases can drag on for years, involve multiple parties, and demand stamina. Cultivate patience and attention to detail—success often lies in outlasting the chaos.
    • Network Actively:
      Connect with peers, industry experts, and regulators at seminars or bar associations. Relationships open doors to mentors, clients, and insights into sector-specific disputes.

    Given your extensive involvement in both procedural and strategic aspects of legal representation, how do you successfully balance the demands of appearing before high courts, tribunals, and arbitration proceedings, while also maintaining a fulfilling personal life?

    1. Prioritize and Plan Strategically

    • Case Management:

    Handling high courts, tribunals (like APTEL), and arbitration proceedings requires juggling tight deadlines and complex preparations. Prioritize tasks by urgency and impact—focus on filing deadlines or key hearings first, delegating research or drafting where possible. Use tools like case management software to track schedules across forums.

    • Time Blocking:
      Reserve specific hours for court appearances, client meetings, and strategy sessions, while carving out non-negotiable personal time—say, evenings for family or mornings for exercise. Planning ahead ensures neither sphere is neglected.

    2. Leverage a Strong Support System

    • Professional Team:
      Rely on junior advocates, paralegals, or associates to handle procedural filings, initial drafts, or evidence collation. For example, while arguing a tariff dispute before a high court, delegate tribunal paperwork to the team. This frees up mental bandwidth for strategic thinking.
    • Personal Network:
      Lean on family or close friends for emotional grounding. A quick dinner with loved ones or a weekend getaway can recharge you, making it easier to return to a contentious arbitration with focus.

    3. Master Efficiency Without Sacrificing Quality

    • Preparation Discipline:
      High-stakes forums demand thoroughness—whether it’s mastering a construction delay claim for an arbitration or a regulatory challenge in a tribunal. Develop a streamlined process: skim key documents first, then deep-dive into critical issues. This saves time while keeping arguments sharp.
    • Travel Smart:
      Frequent appearances across cities mean travel. Use downtime—flights or train rides—to review briefs or unwind with a podcast, blending productivity with relaxation.

    4. Set Boundaries and Protect Personal Time

    • Say No When Needed:  
      Decline non-essential commitments—like an extra case with a tight deadline—if it risks burnout or family time. For instance, after a grueling week at the Supreme Court, politely defer a new client pitch.
    • Unplug Regularly:
      Switch off work calls or emails during designated personal hours. A Sunday hike or movie night without interruptions can feel as rewarding as winning a case.
    • Take Short Trips:
      Whenever you get a breather—say, a long weekend or a gap between hearings—plan a short trip. A quick drive to a nearby hill station or a day by the beach can refresh you, offering a mental reset from the grind of legal battles.

    5. Integrate Passion and Purpose

    • Find Meaning in Work:
      Strategic wins—like securing compensation for a road contractor or defending an energy company’s tariff—can be energizing. When work feels purposeful, it’s easier to justify the long hours and stay motivated.
    • Personal Fulfilment:  
    • Pursue hobbies or causes outside law—gardening, mentoring students, or charity work. These outlets provide joy and perspective, balancing the intensity of legal battles.

    6. Stay Physically and Mentally Fit

    • Routine Matters:
      Long days in court or arbitration can drain you. Exercise (even a 20-minute walk), eat well, and sleep enough to sustain energy. A sharp mind wins cases and enjoys life.
    • Stress Management:
      Techniques like meditation or journaling help process the pressure of a lost motion or a tough cross-examination, keeping you steady for both work and home.

    Get in touch with Sahil Sood –

  • “As India is aspiring to be one of the biggest economies in the world it needs to have effective dispute resolution mechanisms.” – Yashvardhan Singh, Co- Founder at KAY & Partners.

    “As India is aspiring to be one of the biggest economies in the world it needs to have effective dispute resolution mechanisms.” – Yashvardhan Singh, Co- Founder at KAY & Partners.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Given your distinguished and extensive legal background, could you share what initially sparked your passion for the law? Was there a particular defining moment or experience that influenced your decision to pursue this path, or did your interest gradually develop over time? Additionally, how would you reflect on your time at NUSRL in shaping your legal journey?

    Just like any other student fresh out of school, I was clueless as to what to pursue as a career. In my family, everyone had pursued different areas of interest with Noah’s arc being my grandfather, Mr. Jaluram, who himself was a senior advocate and one of the founding members of the Rajasthan High Court Bar at Jodhpur. He started practicing law in the year 1956 along with legal luminaries and politicians like Nathuram Mirdha and many more. His reputations transcends generations and his social connectivity which initially inspired me to pursue law with added guidance by my elder brother Mr. Chakra Vardhan Singh who introduced me to CLAT. I think the decision to pursue law was innate in me as I always had curiosity to understand the logic behind legality and illegality, law enforcement and its interpretations and checks and balances of the Executive. This inquisitiveness with legacy factor always led my inclination towards pursuing the law. 

    Reflecting back on my legal journey and role at the National University of Study and Research in Law (NUSRL), Ranchi requires altogether a complete day. It was an exhilarating experience and complete college life I could have asked for. Those five years were not only the blessings but also gave full authority to be responsible and drive my life to the present day. During those five years, with the supportive faculties, we as one of the foundation batches had privilege and autonomy to pursue everything of our interest including Moot, MUNs, Debates, Research, field visits. Though we had privileges, we had our fair share of challenges as well including funds shortage of university, lack of permanent campus initially and ever changing hostel addresses, lack of alumni base and much more. During those five years, classmates became friends who are now family, had kept my interest in the law and to develop the same in times to come. I am so grateful and thankful for each and every one at NUSRL who have in their unique way contributed in the journey. Navigating those five years with such wonderful experiences has been a blessing for the lifetime and have paved my career path.      

    Following your graduation, you pursued a master’s degree in corporate and commercial law. What motivated you to specialize in this particular area, and how has this specialization influenced the trajectory of your career?

    Since I had decided to pursue litigation and more specifically in the field of corporate and commercial law it was imperative to further pursue a master’s degree in corporate and commercial law. Therefore it required special and technical skills, knowledge which would go along with my area of interest and also I joined master’s degree to live college life again. It was a very enriching experience to pursue master’s degree having practical knowledge in hand and at the same time active academic discussions with the faculties. It was also an experience through which I came across other like-minded people from different backgrounds who ultimately helped in getting diverse opinions on certain topics. I aspire for more academic pursuit in the times to come. 

    Looking back at the early stages of your career, particularly during your tenure as in-house counsel at Wipro, what key experiences significantly enriched your understanding of the law? How did these formative experiences shape the direction and trajectory of your professional journey?

    To find myself interning in Wipro with their Consumer Care and Lighting Division was true serendipity for law student like me. It had a very strong impact on trajectory of my career and if given the chance to repeat one experience, my first priority would be interning at Wipro. I had very supportive and informative sessions from legal team of Wipro including Mr. Sudipta Mukherjee (presently in legal counsel at Daimler-Mercedes), Mr. Amit Mathur (presently legal counsel at Amway), Ms. Rovena David (presently legal counsel at Titan), Mr. Vishal Mittal (presently consultant at Tattvika) and Mr. Manoj Jain (Ex- General Counsel – Wipro Enterprises). Admittedly, it was the perk of being the youngest in the team and fresh out of college that these mentors helped in shaping my career and enabling me to take independent decisions. 

    Each one of them provided me with the exposures at an early stage of my career by sharing their valuable experiences, enabling me to interact with top management and board meetings with a lot of guidance to navigate through the first and foremost phase of my career. Experiences at Wipro has led me to where I am today. 

    Having worked with several companies in an in-house capacity before co-founding your own firm, what prompted you to establish your own practice? Were there any particular challenges or hurdles you encountered during the initial stages of building your firm?

    Our law firm, KAY & Partners is not a result of a recent collaboration but the seeds of this project were planted back in his college days (intentionally or unintentionally). It is a dream of every college friend that they must start something together, so that the life we lived during the college days can be continued. Likewise, Akshay Uppal who was a financial planner for our teams during various intra-University league matches and foods fests also happens to be my business partner now. While the same Kushagra Srivastava who survived the terrors of the monkeys all across our Rishikesh trip is also a partner of the same venture. Harshit Singh Sisodia has been a silent but vigilant actor all around. So it is a college love story which has turned into a marriage for lifetime. 

    To start any project, everyone faces various challenges, we have had our fair share of challenges. The first and foremost challenge we faced was we all four were having been placed in different cities and it was difficult to initialize and plan the roadmap of the firm. Though it was a challenge but there was an opportunity to get together in hindsight. Another challenge we faced was recurring expenses and financial management, but thanks to the Clients we have they were right on time and till today we are holding onto our clients very close to us.  

    As an experienced litigator in commercial, civil, and criminal law, what have been the most challenging cases you’ve handled, particularly in the domain of intellectual property litigation and prosecution?

    In intellectual property matters, every matter is significant and has importance as such matters directly affects the businesses. IP litigations are technical in the sense that until and unless the lawyer does not understand the nuances of the business, it becomes very difficult to litigate in the IP litigations especially Trademark cases. Lower judiciary needs to be sensitised with IP laws as IP litigations are prominently dealt with by only a few High Courts. It becomes very difficult to explain the dynamic nature and concepts of IP laws at a lower judiciary level. 

    Apart from this acquisition of trademarks and IP is also one of the aspects which require careful due diligence and one over side may result into imperfect title in the IP rights it is equally important to have the preventive actions in place including trademark watches which should protect the trademark rights before it is being spilled over to another entity-in-interest. 

    To recall, one of the interesting yet challenging cases was during my stint at one of the companies wherein an allegation in respect of trade dress and design infringement coupled with comparative advertisement and trademark tarnishment was central issue in the litigation. As most of the IP litigations are critical and reputational matters for the marketing team, therefore I had to rigorously understand the marketing side of the case and marketing terminologies, concepts of marketing and financial implications of such litigations. At such a nascent stage of my career though it was exhilarating, I also had my restless moments because of the gravity and potential significant impact that such litigations can have on the businesses. Yet again I am thankful to my mentors who enabled me to navigate through such situations and prepare the matter for litigation.

    I would like to share another anecdote wherein an acquisition was on the verge of completion however it had come to our knowledge that the trademark that we were acquiring was an encumbered one. This information was missed by our advising reputed Indian law firm and foreign law firm. This information was of the nature which could have terminated the ongoing acquisition proceedings, but we were able to resolve the situation by taking an expeditious route of rectification of records to perfect the title. All in all I must say all experiences  and my mentors have taught me how to be  business friendly and be businesses’ lawyer rather than minding my lawyers business.

    In your experience handling insolvency proceedings, what alternative dispute resolution (ADR) mechanisms do you typically utilize to guide clients through these complex situations? Furthermore, how do you foresee the future of ADR evolving in the Indian legal landscape?

    In my opinion it is important to have an effective ADR mechanism in place in this present complex business conditions. It is imperative for a business to thrive in conducive conditions where quick and simplified dispute resolution mechanisms are placed in by the government. One of such ADR mechanisms which has been introduced by the government is under MSME Act, 2006. MSME Act provides for an MSME facilitation cell which can be very crucial for resolution of disputes pertaining to MSMEs. It is important that such mechanisms are effective only if it gets due attention and supervision from government and Higher Courts respectively. MSME facilitation council, if provided considerable support and due acknowledgement, can result in effective resolution of  commercial disputes which in effect decreases the burden of Courts which are otherwise engaged and overburdened with other litigations.   

    As India is aspiring to be one of the biggest economies in the world it needs to have effective dispute resolution mechanisms. Achieving such an ambitious yet needful goal, India must have lucrative, speedy and accessible dispute resolution mechanisms. If need arises, Presiding Officers and Arbitrators must be trained to hear and preside over the disputes of specific natures. Additionally, institutional arbitration can play a significant role in such scenarios. It is highly expected from the government and judiciary to promote and develop a conducive environment for evolution of arbitration and ADR mechanism and jurisprudence. Needless to say it would also require efforts from  entire legal fraternity including academicians, in house counsels, lawyers, government officers to promote and help in development of jurisprudence around ADR mechanisms in India

    What advice would you offer to aspiring law students who aim to follow a career path similar to yours? What skills or qualities do you believe are essential for success in this dynamic and increasingly important area of law?

    The first and foremost advice that I would like to give to inspiring law students aiming to follow or pursue a career path in corporate or as in house counsels in the present set of world would be to engage in the internships and training activities with them. It is equally important to make such internships count and have their presence felt in the organization through their work and dedication which should result in the recurring internship and ultimate engagement with the company. Corporates, law firms, lawyers do not expect thorough knowledge of law from a law student, however it is expected from them to be diligent, faithful and updated in respect of the area of law that they are dealing. In this dynamic and increasingly important area of law I believe and recommend for the young graduates and inspiring law students to stay updated, read and read a lot and first understand the business and the requirements of the business or their Clientele. Once they understand the requirement and the nature of the relief/opinion that they (business or Clientele) expect, gravity or urgency of such relief or opinion, it is important to deliver based on such a requirement to their expectation within the set timelines. In this dynamic and increasingly important economic environment it is equally important to deliver the legal services professionally and at par with global standards.

    Balancing a successful career with commitments to public service and education is no easy task. How do you maintain a healthy work-life balance, and what advice would you offer to others who seek to strike a similar balance between their professional ambitions and personal responsibilities?

    To be honest it becomes very difficult to maintain public services and personal responsibilities and professional ambitions together. As a lawyer one needs to have a healthy work life balance and at the same time be social. Though it differs from person to person what is their mantra for healthy work life balance, we at KAY and Partners have decided that we should not only offer a healthy work life balance to ourselves as the partners but also to each and everyone associated with the firm. It is equally important that due to such search decisions the interests of our clients are not hampered. Effective delegation and supportive team members at KAY & Partners is paramount to my healthy work life balance. I must thank all present and past teammates for their efforts and support to achieve what we have done today. 

    Thank you. 

    Get in touch with Yashvardhan Singh –

  • “Many complex arbitrations involve legal grey areas, and my research experience has helped me anticipate how tribunals might handle such issues. Additionally, the ability to analyse arbitration decisions critically, especially in the absence of binding precedent, has shaped the way I strategize arguments” – Ritunjay Gupta, Advocate-on-Record and Founding Partner at Vidvat Legal.

    “Many complex arbitrations involve legal grey areas, and my research experience has helped me anticipate how tribunals might handle such issues. Additionally, the ability to analyse arbitration decisions critically, especially in the absence of binding precedent, has shaped the way I strategize arguments” – Ritunjay Gupta, Advocate-on-Record and Founding Partner at Vidvat Legal.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Having a background in Business Economics, what inspired you to pursue a career in law? How was your experience during law school, and how did it shape your professional journey?

    Law was not my first choice, nor was it the obvious path after studying Economics and Finance. My initial academic inclination was towards Finance, and I pursued it earnestly, even completing a Master’s degree. However, during my undergraduate years, I was introduced to Business Law and Company Law, subjects that I unexpectedly found both engaging and intellectually stimulating. I excelled in them, even receiving an award for my performance, which planted the first seed of curiosity about the law. That curiosity remained dormant until a friend encouraged me to attempt the Delhi University LLB entrance exam. Securing admission to the Campus Law Centre, Faculty of Law felt like an opportunity worth exploring, and once immersed in the study of law, I realized it was where I truly belonged.

    Campus Law Centre was an eye-opening experience. Unlike my previous academic settings, it was a melting pot of individuals from different backgrounds, each with unique motivations – some preparing for civil services, others drawn to political or judicial service roles. Few, like me, were focused on litigation and active practice. Studying law in this environment expanded my perspective, making me more attuned to the socio-political landscape and the practical realities of the legal profession. It wasn’t just about learning the law from textbooks; some of the most insightful debates happened informally, in the ‘Bamboo Garden’ next to the canteen.

    Beyond academics, law school imparted valuable lessons that have remained with me. It taught me the importance of being approachable to people from diverse backgrounds and recognizing that intelligence is not determined by fluency in English, especially in courts across the country where different languages are used for argument. It also deepened my understanding of the intricate relationship between law and the broader socio-political landscape. Above all, it reinforced the importance of perseverance, a quality that continues to guide me in my legal career.

    You completed your Masters at Columbia Law School, New York. What motivated you to choose Columbia Law over other institutions, and how has your experience there influenced your career? How has this degree been advantageous in your legal practice?

    I chose Columbia Law School for its strong focus on international arbitration and commercial law, fields I was keen to specialize in. Columbia’s arbitration faculty is among the best in the world, led by Professor George A. Bermann, Director of the Centre for International Commercial & Investment Arbitration, alongside Professors Kabir Duggal and Robert Smit. Their presence attracts leading professionals and practitioners to engage with students through guest lectures and lunchtime seminars, making Columbia a hub for arbitration discourse. The fact that Columbia is located in New York was an added advantage. The city’s vibrant legal ecosystem offers unparalleled exposure, from regular events at top-tier law firms to seminars and workshops organized by the NY City Bar and State Bar associations. Columbia Arbitration Day is another standout event, bringing together global stalwarts in arbitration to discuss the latest developments in the field. 

    Studying at Columbia reshaped how I approached the law. The learning environment encouraged critical thinking, collaboration, and exposure to global perspectives. With classmates from over 50 countries, discussions went beyond textbooks, offering insights into different legal systems and approaches. The faculty also made a lasting impact. For example, Professor Paul Shechtman, who taught Evidence and Criminal Adjudication, often used courtroom scenes from movies like ‘A Few Good Men’ and ‘12 Angry Men’ to explain legal principles, making learning engaging and memorable.

    A key highlight was working as a Research Assistant to Professor Bermann, contributing to his book ‘Twilight Issues in International Arbitration’. This experience deepened my understanding of arbitration and reinforced the advantage of pursuing an LLM after gaining work experience. Unlike traditional academic programs, an LLM at Columbia is not about competition but personal and professional growth.

    The degree has been invaluable in my legal practice, particularly in refining my approach to complex disputes and arbitration. It has also given me access to leading legal professionals across the globe. With cross-border transactions and disputes becoming increasingly common, it is essential to have access to legal knowledge that transcends jurisdictions. Having friends and colleagues working across different legal systems has been incredibly beneficial. For instance, very recently, in an international arbitration involving U.S. laws and a Delaware corporation, a corporate lawyer and dear friend from Columbia, well-versed in those laws, helped me strategize my approach to the dispute. This is just one of many such instances. Additionally, referral work from friends abroad has been an added bonus. I often serve as their point of contact in India, which has been mutually beneficial.

    Most importantly, the degree has given me credibility, which is invaluable in my profession. With so many lawyers in the country offering, on paper, similar skillsets, the LLM and a foreign-bar qualification has helped me differentiate myself. It has ensured that clients view me in a different light, recognizing the value I bring to the table. In a competitive market, that distinction is crucial.

    At J. Sagar Associates, you worked on a diverse range of matters, including constitutional law, corporate governance, insolvency etc. How did working across such varied legal domains shape your understanding as a lawyer? What were the experiences that have stuck by you?

    JSA was my first job, and like any young lawyer, I was just learning the ropes. What made the experience truly enriching was the diversity of matters I was exposed to across various forums, including the Supreme Court of India. Unlike many large firms where junior associates rarely see the inside of a courtroom, JSA had a strong culture of ensuring its lawyers attended court regularly. This early exposure to court craft played a significant role in shaping my understanding of litigation.

    Working on high-stakes, complex disputes meant that research was at the heart of everything we did. As juniors, we were expected to delve deep into legal principles, dissect arguments, and anticipate counterpoints. This process instilled in me the discipline of extensive reading, a habit that continues to serve me well. Another key advantage of being at a top-tier firm was the opportunity to interact with some of the finest Senior Advocates in the country. Sitting in case conferences with them, observing how they analysed a brief, structured their arguments, and approached strategy was an invaluable learning experience.

    I was also fortunate to work under a mentor who was exceptional in corporate and contract law. His insistence on first-principles thinking kept me on my toes. I had to be thoroughly prepared before even approaching him for a discussion. This ensured that I developed a strong foundation in legal reasoning and analytical skills early on.

    JSA’s marquee clients in the construction and banking sectors further honed my expertise in arbitration and financial law. Many of these cases laid the groundwork for my later specialization in insolvency and arbitration. The firm’s rigorous environment, 100+ hour weeks, working weekends, and months without a holiday was undeniably demanding. But it taught me the value of perseverance, attention to detail, and consistency – qualities that are indispensable for success in the legal profession.

    As a Research Assistant at Columbia Law School, you contributed to drafting chapters for the book Twilight Issues in International Arbitration. How did this research experience deepen your understanding of international arbitration, and how have you applied these insights in your own practice?

    Working with Professor George A. Bermann on ‘Twilight Issues in International Arbitration’ was an incredible learning experience. Every year, Professor Bermann takes on several research assistants, but only a select few get the opportunity to contribute to major projects like this book. I was fortunate to be among those chosen. The book was a four-year project, and during my time at Columbia, I had the privilege of assisting for a year alongside five other students.

    Before this, I had read about international commercial arbitration but had little exposure to twilight issues. These are matters that lack clear legal authority, leaving tribunals to rely on ‘soft law’, general principles, or comparative approaches. Researching topics such as corruption, res judicata, iura novit curia, collateral estoppel, lis pendens, costs, and ethics helped me understand how arbitration functions beyond codified law. This experience also gave me a nuanced perspective on how different jurisdictions approach these unsettled issues and whether international standards are emerging.

    One of the most unique aspects of the research was our access (albeit limited access), granted with Professor Bermann’s approval, to hundreds of confidential arbitral awards from the American Arbitration Association (AAA). Studying these awards provided rare insight into how tribunals across different legal traditions navigate twilight issues. It also deepened my understanding of international arbitration from a common law perspective, particularly the reasoning processes of U.S. based tribunals.

    In my practice, this exposure has been invaluable. Many complex arbitrations involve legal grey areas, and my research experience has helped me anticipate how tribunals might handle such issues. Additionally, the ability to analyse arbitration decisions critically, especially in the absence of binding precedent, has shaped the way I strategize arguments.

    While at IndusLaw, you represented clients in ad-hoc and institutional arbitrations, both domestic and international. How do you view the Indian arbitration framework in comparison to international arbitration mechanisms, and what do you think the future holds for arbitration in India?

    At IndusLaw, I had the opportunity to work on a range of high-stakes arbitrations, including leading a major SIAC arbitration seated in Singapore. Collaborating with top global legal professionals and law firms reinforced my understanding of international arbitration frameworks and best practices.

    While India has made strides in arbitration, it remains far from being a global hub. Judicial intervention, procedural rigidity, and the tendency to appoint retired judges often make arbitration as slow and expensive as court litigation. The frequent challenge of arbitral decisions in courts undermines the efficiency arbitration is meant to provide. Alarmingly, some public sector entities are even moving away from arbitration in their contracts.

    The outlook is not entirely bleak. Both the government and the private sector are advocating for institutional arbitration, businesses are increasingly prioritizing settlements, and the rise in foreign investments is leading to adoption of more institutional arbitration clauses. For arbitration to progress meaningfully, young practitioners must refine their expertise through advanced education, specialized training, and practical experience. Additionally, India needs to foster a pool of specialist arbitrators with a deep understanding of modern commercial disputes, rather than relying predominantly on retired judges. With increasing cross-border transactions, Indian arbitration cannot function in isolation. It must align with international best practices to remain competitive and truly serve its intended purpose of efficient and effective dispute resolution.

    What inspired you to establish Vidvat Legal? Leading complex litigation and arbitration matters across various forums, could you share some of the most challenging and impactful cases you’ve handled since founding your firm? What strategies do you adopt to manage high-stakes disputes and ensure a successful outcome for your clients?

    Starting Vidvat Legal was a conscious decision driven by the need to push my boundaries as a lawyer. After years in top-tier firms, I had gained extensive experience handling high-stakes matters, honing research and drafting skills, and learning to navigate complex disputes. But I wanted to go beyond just being a skilled practitioner. I needed to understand the business side of law i.e., how to generate and retain clients, build long-term relationships, and create tangible value for those I represent. Equally important was the challenge of operating independently, without the built-in support systems of a large firm. Independence has also allowed me to explore areas I had never ventured into before, such as trust law, employment law, land law and constitutional matters.

    One of the more challenging cases I handled after founding Vidvat Legal was representing a Sequoia-funded startup (operating in over 60 countries) in a SIAC arbitration seated in Singapore. The dispute, against a London-based customer, centred on claims for service fees, resource costs, and setup charges under the company’s master services agreement. The case’s multi-jurisdictional nature required navigating international arbitration frameworks and foreign contract laws. Midway through the proceedings, I led settlement negotiations and secured a favourable resolution of over USD 200,000. After the matter was resolved, I worked closely with the client to strengthen their master services agreement and localize employment contracts, ensuring they were more robust and better equipped to prevent similar disputes in the future.

    Another impactful matter was representing (pro-bono) a batch of Delhi University students whose first-year examination results, conducted during COVID, had not been declared even as they approached their final year. The delay had severe consequences, preventing them from applying for higher studies and job opportunities. With college officials unable to resolve the issue, I studied university byelaws, and education guidelines to build a strong case. After petitioning the university, the matter gained traction, and during the pendency of the case, DU finally released the students’ grades, providing them the relief they had been waiting for.

    Success in high-stakes disputes is not just about winning but about managing client expectations and mitigating risks. My approach is simple. Master the facts, conduct rigorous research to ensure well-founded arguments, and draft pleadings that are clear, concise, and structured for ease of comprehension. Keeping clients engaged with timely updates and feedback is crucial. In hearings, I focus on being articulate, respectful to the bench and opposing counsel, and ensuring that every argument serves a strategic purpose.

    With your admission to practice in both India and New York, and now serving as an Advocate-on-Record at the Supreme Court of India, how do you navigate the differences between the legal systems of these two jurisdictions? How has practicing in both countries shaped your approach to legal matters, and what challenges or advantages have you experienced in doing so?

    I do not actively practice New York law, but my understanding of it plays a crucial role in international disputes, especially those governed by common law principles. While the procedural aspects of different jurisdictions vary, at its core, law is about logical reasoning. Beyond the specific wording of statutes, common law principles remain largely consistent and are applied in similar ways by courts in India and abroad. Rather than navigating stark differences, my experience in both systems complements my practice and allows me to approach disputes with a broader perspective, particularly in cross-border matters.

    Your legal expertise spans a broad array of fields, which is commendable. What advice would you offer young lawyers who aspire to build a diverse and successful legal career like yours? What skills, qualities, and mindset do you think are essential to thrive in today’s competitive and multifaceted legal environment?

    Building a diverse and successful legal career begins with a strong foundation. While specialization has its advantages, early exposure to different practice areas provides a broader understanding of the legal landscape and equips you to handle complex, multi-faceted matters. The ability to think critically and apply legal principles across domains is invaluable, allowing you to refine your focus over time based on your strengths and interests. Success in law goes beyond knowledge of statutes and precedents. It requires a problem-solving mindset, adaptability, and a commitment to continuous learning. In a field shaped by evolving regulations and judicial trends, those who stand out are not just those who work hard but those who work smart by seeking mentors, building strong professional relationships, and finding ways to distinguish themselves in a competitive environment.

    The reality of the profession is that it is not always a level playing field. Opportunities do not come equally to everyone, whether in securing internships, landing jobs, receiving promotions, or even in the way clients and courts perceive you. Merit is important, but it is not always enough on its own. Recognizing this early and focusing on positioning yourself strategically will help you navigate these challenges more effectively.

    Commitment to the profession often comes at the expense of personal time, with long hours and urgent matters disrupting plans. Flexibility and resilience are necessary to thrive in this demanding environment. Despite the challenges, the intellectual stimulation, career growth, and the impact you can create make the sacrifices worthwhile. If you remain dedicated, disciplined, and focused, the legal profession will offer immense rewards in the long run.

    Managing a demanding legal career while maintaining personal well-being is undoubtedly a challenge. How do you manage to strike a balance between your professional responsibilities and personal life, and what strategies do you use to ensure both aspects are in harmony?

    Balancing a demanding legal career with personal well-being is an ongoing challenge, and I would not say I have mastered it yet. It is a constant effort, with some days feeling overwhelming and others more manageable. There is no perfect formula, but I have learned to prioritize based on impact. When it comes to case preparation or any matter that directly affects a client, I ensure that I dedicate the necessary time and focus. However, when it is about networking or attending outreach events, I make a conscious effort to prioritize my personal life, spending time with family and friends.

    Time with family is something I deeply value, and I make it a point to take breaks whenever possible to step away from work and be with those who matter most. Even during busy periods, I find small ways to stay connected. For instance, while driving, I use the time to catch up with friends and family over calls, making the most of the uninterrupted hours in traffic. Striking a balance is not easy, but being intentional about how I spend my time helps ensure that both my professional commitments and personal well-being receive the attention they deserve.

    Get in touch with Ritunjay Gupta –

  • “One of the most significant lessons I’ve learned is that you must never allow yourself to be caught off guard. Being fully prepared not only helps in presenting your arguments convincingly but also helps you gain the court’s confidence.” – Ramchandra Madan, Advocate on Record at the Supreme Court of India.

    “One of the most significant lessons I’ve learned is that you must never allow yourself to be caught off guard. Being fully prepared not only helps in presenting your arguments convincingly but also helps you gain the court’s confidence.” – Ramchandra Madan, Advocate on Record at the Supreme Court of India.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With such a diverse range of skills and experiences, when you reflect on your journey, what were the pivotal moments that led you to choose law as a career? How did your time at Symbiosis Law School, Pune shape your legal interests, and which areas of law caught your attention early on?

    Growing up in Shimla, a town known for its serene beauty and quality of life, I was fortunate to receive a good education. However, the opportunities for students to explore diverse interests and extracurricular activities were relatively limited. This changed when I moved to Delhi and joined Vasant Valley School, an institution renowned for its academic and extracurricular excellence. The shift broadened my perspective immensely.

    At Vasant Valley, I actively participated in theatre, debates and business competitions, which helped me develop critical thinking, public speaking and teamwork skills early on. At the time, my plan was firmly set on pursuing entrepreneurship, an idea that took shape after I won an international business competition alongside my team, earning me a prestigious scholarship However, on the advice of teachers, peers, and family, I decided to also appear for law entrance exams while awaiting results from some top business schools. This decision, made at the last minute, turned out to be pivotal for my career path.

    Joining Symbiosis Law School in Pune was a transformative experience. It was my first time living independently, away from the comfort of home and I found myself surrounded by incredibly intelligent peers. In Pune, I continued to explore my passions, albeit with some limitations. Theatre, which I had always loved, took a backseat, but I remained active in debating, public speaking and participating in moot court competitions. Representing Symbiosis at both national and international moot court competitions was a highlight of my time there, giving me invaluable practical experience and honing my legal acumen.

    Law school also instilled in me a strong sense of community. The alumni network, which remains robust and supportive, has been an anchor in my journey in litigation. I was also fortunate to intern with some of the most respectable legal professionals, including Mr. Neeraj Kishan Kaul, Mr. Prashant Mehndi Ratta, Ms. Nandita Rao, and Mr. Sameer Oberoi. These internships were a window into the world of litigation and I liked the view! My law school experiences helped me discover my passion for law and I haven’t looked back since.

    Having yourself pursued an LLM at the prestigious LSE, can you talk about your experiences studying there and also outline the advantages of getting a master’s degree? 

    The decision to pursue an LLM should not be made with the sole objective of securing a higher salary. An LLM is best pursued for the academic and holistic growth it offers. While it undoubtedly enhances one’s credentials, especially as an independent practitioner, it’s not a guaranteed pathway to higher financial rewards.

    Initially, I hadn’t planned on pursuing an LLM, having interned extensively with my senior, Mr. Neeraj Kishan Kaul during law school, I was eager to start my litigation practice under his tutelage. However, at the encouragement of close friends, I decided to try my luck and applied to a handful of prestigious schools. To my surprise and delight, I was accepted into the London School of Economics & Political Science (LSE), an institution renowned for its remarkable legacy and association with eminent academics, lawyers and thought leaders, including luminaries like Dr. B.R. Ambedkar. Additionally, the central location of London, a global cultural and academic hub, was a significant factor in my decision. 

    I was also accepted and awarded a partial scholarship for taking residence at The Goodenough College, a highly selective residential college for distinguished graduate students from around the world. This scholarship made my decision to join LSE even more compelling as it would have significantly reduced my financial burden.

    My experience at LSE was transformative. The faculty’s expertise and the rigorous academic environment pushed me to expand my intellectual boundaries. I delved deeply into subjects such as competition law, arbitration law, refugee law and international law, examining them through post-colonial and literary perspectives. These courses broadened my understanding of the law and shaped my approach to legal issues in a nuanced way. I was also fortunate to read under experts such as Dr. Chaloka Beyani, my supervisor, who is the former UN Special Rapporteur on the Human Rights of Internally Displaced Persons. 

    Equally enriching was my time at the Goodenough College, where I had the privilege of living amongst some of the brightest minds across various fields. Even our regular, dinner table conversations were intellectually stimulating and inspiring. Beyond academics, living in London allowed me to experience its vibrant cultural scene—world-class theatre, opera, orchestral performances—and explore Europe on a shoestring budget, further enriching my worldview.

    The admissions process was rigorous but immensely rewarding. For aspiring students, my advice would be to focus on crafting a strong personal statement that highlights not just academic achievements but also a clear vision of how the LLM fits into your long-term goals. My journey to LSE taught me the value of taking unexpected opportunities and it’s a decision I’m deeply grateful for.

    Prior to going independent, you worked alongside Mr. Neeraj Kishan Kaul, Senior Advocate. How did this experience enhance your legal expertise, and what valuable lessons did you gain from working with such an esteemed mentor?

    When I first joined Mr. Kaul as an intern as early as 2012 I knew that I wanted to follow in his footsteps and be a litigator. I was in such awe of Mr. Kaul that I even kept the cause list from my internship days as souvenirs. Even when I chose to pursue my Masters in London, I knew I was never going to stay on and was going to come back to India to litigate. Which is why when I was invited to join Chambers with Mr. Kaul I was elated. 

    Working with Mr. Kaul was like a crash course in litigation and the art of advocacy- there are only a few, if any, who understand how to read the Court as well as him. Here, you can expect an extremely steep learning curve, where nothing short of perfection is expected from a Junior. We were always expected to add value to the brief by coming up with new arguments that even the solicitors missed out on. We were to pre-empt questions, whether direct or ancillary, that may fall from the Bench. 

    Equally important was the fact that Mr. Kaul‘s Chamber gave me invaluable colleagues who became my professional family, supporting me as I began my career and always a text message away whenever I needed to pick their brains or discuss strategy despite their own busy schedules. I will forever be grateful to Sir and my seniors and colleagues at the Chamber on who’s shoulders, today, I try to stand.

    You have successfully argued some important cases before the Hon’ble Supreme Court of India, the NCLAT and the Delhi High Court. Could you walk us through the challenges you encountered while arguing and how you navigated them?

    Each case presents its own unique challenges, but for a first-generation lawyer, especially one considered young in the profession, the hurdles are particularly distinct. Ours is a profession built on trust—trust from clients, peers, and, most importantly, the Courts. This trust must be earned, and for a young lawyer who is an unfamiliar face, the road can be difficult. Courts often view you with a degree of skepticism, and there is a natural resistance to accepting your arguments until you establish your credibility. 

    Arguing cases before forums such as the Supreme Court, the NCLAT, and the Delhi High Court has taught me that preparation is the key to overcoming these challenges. The only way to level the playing field—especially when appearing against eminent senior counsels—is to be thoroughly prepared, often better prepared than your opponent. Creativity and hard work are what help young lawyers stand out. When you can bring to the table insights or arguments that others, even with years of experience, might overlook, you begin to gain recognition.

    Every appearance in court must be treated with the seriousness and dedication of a final hearing. There is no room for complacency. Judges often test the mettle of young lawyers by probing their understanding of the case and the law. If the court perceives even a hint of unpreparedness, it is likely to challenge you even more. Anticipating these challenges and preparing meticulously has been my strategy in navigating these situations.

    One of the most significant lessons I’ve learned is that you must never allow yourself to be caught off guard. Being fully prepared not only helps in presenting your arguments convincingly but also helps you gain the court’s confidence. Over time, as you consistently demonstrate your competence and dedication, that initial resistance from the Court, gradually gives way to trust and acceptance.

    While the challenges are real and sometimes daunting, they are also what drive me to work harder, think deeper, and perform better with each case. The journey of a young, first-generation lawyer is not easy, but it is incredibly rewarding when you start seeing the trust you’ve earned reflected in the court’s acknowledgment of your efforts.

    You have been involved in a lot of pro bono work. What inspired you to dedicate time to legal aid, and how has this shaped your broader legal practice?

    Law is often referred to as a noble profession and as officers of the court, our primary duty is to the cause of justice. For me, this principle has always been at the heart of my practice. I find enormous satisfaction in being able to provide my services to those in need, and I strongly believe that no person should be denied justice due to their financial constraints.

    A significant portion of my practice has been dedicated to pro bono work. I was associated with the Delhi State Legal Services Authority (DSLSA) on the Criminal Panel for three years. This experience was both a profound learning opportunity and a stark reality check, as it exposed me to the vast inequalities in access to justice. It brought into sharp focus the glaring class divide in our country.

    What struck me most during my time with the DSLSA was the reality that for the majority of Indians, litigation begins and ends at the trial courts. Even in a city like Delhi, where the High Court and Supreme Court are often less than 10 kilometres from any district court, access to justice remains out of reach for many. The economic and social barriers faced by individuals trying to navigate the legal system were a stark reminder of the responsibility we hold as lawyers.

    Today, my private practice serves as a means to support my pro bono initiatives, allowing me to contribute meaningfully to society. I believe that as lawyers, we must recognize our obligation toward the community. Rendering services to those who cannot afford them is not just an act of charity—it is our duty to uphold the ideals of justice. 

    You’ve represented social media influencers and journalists in defamation cases against corporations. Given the fast-evolving nature of digital media, how do you approach defamation law in this context?

    Freedom of speech and expression is one of the most vital facets of the fundamental rights enjoyed by individuals in India. Beyond being a constitutional guarantee, it is also recognized as a human right, forming the cornerstone of any democratic society. The right to express freely and without fear gives meaning to all other rights, making it essential to uphold. However, this right is not absolute and is subject to reasonable restrictions under Article 19(2) of the Constitution.

    In my experience representing social media influencers and journalists in defamation cases, I have observed a worrying trend- powerful entities often misuse criminal and civil defamation proceedings to suppress fair and honest criticism. Freedom of speech in India, while constitutionally guaranteed, comes at a cost—it must be zealously protected from those who attempt to silence dissent or critique.

    The rise of digital media has democratized the exchange of ideas like never before. Today, with greater means available to everyone to voice and exchange opinions without the institutional barriers that once limited public discourse, people are more empowered to engage in critical dialogue, satire, and even humour- all of which are essential for a healthy democracy. One must be mindful, however, that this freedom cannot be used to justify the spread of hate speech and malicious falsehoods. 

    My approach to defamation law in the digital age emphasizes striking a delicate balance. On one hand, it is crucial to safeguard freedom of speech and resist any attempts to weaponize defamation laws to curb legitimate critique, satire, or dissent. On the other hand, the right to reputation and privacy, both of individuals and corporations, must also be protected from truly defamatory or intentionally harmful statements.

    Our society must develop a greater tolerance for humour, satire, and criticism while ensuring that boundaries are maintained to protect against harm caused by defamatory speech. In representing influencers and journalists, my goal is to advocate for the right to speak truth to power while promoting responsible discourse. The evolution of defamation law must adapt to this changing landscape, fostering an environment where free expression and accountability coexist.

    Throughout your career, you’ve been invited to judge competitions, participate in panels, and deliver lectures. What role has mentorship and legal education played in your own professional journey, and how do you view the future of legal practice for young lawyers in India?

    Mentorship and legal education have been integral to my professional journey, as they are for any lawyer striving to succeed in this noble profession. In law, one’s growth often relies on the guidance and wisdom of seniors, colleagues, and even opponents at the Bar.

     My own journey has been deeply rooted in the mentorship I have received from my seniors and peers, as discussed previously. I have been fortunate to experience the kindness and support of both the Bar and the Bench, which has enabled me to make small but meaningful strides in my career.

    Here’s where an interesting titbit comes to mind. Historically, in England, a lawyer qualified as a barrister and was called to the bar only after attending a series of formal dinners. While this tradition may seem unusual, it symbolized an important truth: the essence of legal education lies in the exchange of ideas and the wisdom shared by those who have walked the path before us. This spirit of learning continues in courtrooms, where lawyers and judges alike contribute to the collective growth of the legal community.

    The law, being one of the oldest professions in the world, carries a rich tradition of passing the baton of knowledge from one generation to the next. For anyone who has attended court proceedings, it is evident that the legal fraternity operates as a community invested in nurturing young talent and preserving the integrity of the profession.

    I view mentorship not just as an opportunity, but as a duty. One of the primary responsibilities of a lawyer is to carry forward this noble tradition by supporting and guiding the next generation. Whether through judging competitions, participating in panels or delivering lectures, I see these opportunities as ways to contribute to the ongoing dialogue of legal education and to help young lawyers navigate the challenges of a demanding profession.

    As for the future of legal practice for young lawyers in India, it is both exciting and challenging. The landscape of law is rapidly evolving with technological advancements, the growth of niche areas like data privacy and fintech law, and increasing global interconnectivity. Young lawyers must adapt to these changes while staying rooted in the foundational values of the profession—integrity, diligence, and a commitment to justice.

    As an Advocate-on-Record with extensive experience, what advice would you offer to young lawyers just starting out, particularly those interested in specializing in areas such as arbitration, company law, and bankruptcy?

    I believe young lawyers embarking on their journey, particularly in specialized areas such as arbitration and bankruptcy, must approach their careers with a clear sense of purpose and dedication. Here’s my advice for those starting out:

    • Patience and Grit Are Essential: Success in the legal profession is a marathon, not a sprint. It requires unwavering patience and resilience. The journey can be slow, but perseverance and consistent hard work always pay off.
    • Prioritize Quality Work Over Monetary Gains: Early in your career, focus on gaining valuable experience and honing your craft. Money will follow as a byproduct of expertise and reputation. 
    • Volunteer and Be Available: Offer to assist seniors on briefs and be available whenever they need help. The willingness to learn and support seniors demonstrates your commitment and eagerness to grow, which will open doors for mentorship and challenging opportunities.
    • Always Be Prepared and Professional: Every appearance in court, every draft you submit, is an opportunity to make an impression. Your reputation is built over years of consistent effort but can be lost in an instant. Never take any task for granted and always strive to be at the top of your game.
    • Stay Up-to date with the law: Laws specially like the IBC and Arbitration in India are still evolving and have not yet fully settled. Whether it’s new judgments, legislative amendments, or emerging trends, constant learning and staying up to date is a non-negotiable part of a lawyer’s journey.
    • Read the Travaux Préparatoires: To understand new laws like bankruptcy, it is essential to study the Travaux Préparatoires—the preparatory documents and discussions that shaped the legislation. For instance, the Bankruptcy Law Reform Committee (BLRC) Report, along with various Law Committee reports, provides invaluable insights into the origins and objectives of the Insolvency and Bankruptcy Code (IBC). By examining these foundational documents, one can better grasp the reasons behind the law’s enactment and its subsequent amendments, leading to a deeper and more nuanced understanding of the IBC.
    • Adopt a Holistic Perspective: No law operates in isolation. Having a broad-based understanding of other areas of law and industries will provide context and depth to your practice, making you a more versatile and effective lawyer.

    The legal profession is demanding, but it offers unparalleled opportunities for growth and impact. By focusing on continuous learning, maintaining the highest standards of professionalism, and demonstrating a commitment to the law, lawyers can carve out successful and meaningful careers in arbitration, bankruptcy, or any other field.

    Given your demanding professional commitments, how do you manage to strike a balance between your career and personal life? Are there specific practices or strategies you use to maintain focus and well-being?

    “Law is a jealous mistress” is a saying often repeated for its undeniable truth. To pursue a career in law, especially in litigation, one must be deeply passionate about the profession, as it tends to permeate every aspect of a lawyer’s life. 

    While striking a good-balance is often very difficult when court is in session, litigators are fortunate to have court vacations scattered throughout the year, and I make the most of these breaks by traveling. I make the most of such breaks and ensure to plan at least one trek and one surfing trip each year to help me disconnect and recharge.

    On weekends, I enjoy attending plays and concerts in Delhi, which provides a creative and cultural outlet. Maintaining health is also a priority; I’ve recently started swimming 2–3 times a week, which helps me keep physically active.

    Ultimately, striking a balance is about finding activities that allow you to unwind and maintain focus. For me, travel, the arts and physical activity are key to sustaining my well-being alongside my professional commitments.

    Get in touch with Ramchandra Madan –

  • “I encourage younger lawyers to develop a deep understanding of the law, cultivate strong communication and advocacy skills, and maintain a high level of professionalism in their practice.” – Ishaan Chhaya, Partner at Revera Legal.

    “I encourage younger lawyers to develop a deep understanding of the law, cultivate strong communication and advocacy skills, and maintain a high level of professionalism in their practice.” – Ishaan Chhaya, Partner at Revera Legal.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    After over 13 years of experience in representing clients in disputes, through arbitration and court proceedings, can you tell us what initially inspired you to pursue a career in law? What motivated you to establish your professional journey in this field?

    My initial outlook towards law was fraught with ignorance – in school, one never saw it as an option. Law opened up as a career when I fortunately received admission into National Law University, Jodhpur and decided to join on my parents’ insistence. As time passed and as my studies progressed, having already been a voracious reader, I became drawn to the intellectual challenges and problem-solving aspects that the legal profession offers. I realised that law pervades almost every aspect of life and society which leads to learning new and interesting things every day. Once I graduated, the satisfaction of being the means for clients to secure their rights provided (and still provides) the drive for my legal practice..   

    Having gained substantial experience at law firms such as Phoenix Legal, and Tuli & Co., how has your approach to dispute resolution evolved over time? What unique perspectives have you brought to Revera Legal in your current role as Partner?

    Over the years, my approach to dispute resolution has evolved from a purely academic and legalistic approach to a more holistic and practical one. I have come to realize that effective dispute resolution requires not only a deep understanding of the law but also a keen awareness of the commercial and practical realities facing my clients. I believe in taking a proactive and solution-oriented approach, working closely with my clients to develop strategies that not only achieve their legal objectives but also align with their business goals. At Revera Legal, I have brought this perspective, along with my extensive experience in handling complex commercial disputes, to provide our clients with comprehensive and commercially sound legal advice and representation.   

    You’ve handled high-profile arbitration cases, including disputes in an LCIA-administered arbitration. What legal strategies did you employ to address the complexities of fraud and misrepresentation allegations in international arbitration, and how do you navigate challenges arising from differing governing laws and jurisdictions in cross-border disputes?

    Proving fraud requires demonstrating that the person committing fraud acted with intent to deceive, which can be difficult to establish through evidence in a civil trial. Fraud cases often involve intricate fact patterns and transactions, making it challenging to present a clear and concise case to the arbitral tribunal. In arbitrations involving fraud and misrepresentation, I therefore focus on building a strong evidentiary foundation. This includes meticulous document review, financial analysis, and engagement of forensic experts if needed. I also carefully analyse the arbitral tribunal’s procedural rules and the applicable law to tailor my arguments. In cross-border disputes, navigating jurisdictional and governing law issues requires a thorough understanding and crafty application of conflict-of-laws principles. In fact, as I speak, we are currently preparing for a potential dispute which presents an interesting conflict between Indian and US jurisdictions

    In the case of National Insurance’s claim against Chubb European Group under a  reinsurance policy, what challenges did you face when representing the insurer before the National Consumer Disputes Redressal Commission?

    The National Insurance case presented a unique challenge as to whether the scope of consumer disputes includes reinsurance disputes. To address this, our team at the time. I  focused on demonstrating that the reinsurance policy in question was not being used for commercial purpose but rather a means for National Insurance to protect itself from significant losses that may affect its bottomline in the event that it settles a large insurance claim. The challenge was that to an untrained eye it would appear that an insurer, being in the business of providing insurance, was simply leveraging its reinsurance cover for receiving heftier premia in its insurance policies. We drafted submissions based on the specific terms of the policy and reinsurance notes, IRDAI regulations governing reinsurance in India, industry practices, , and relevant case law to show that obtaining a reinsurance policy is not used for generating profit but rather acts as security for unforeseen losses to the insurer. A final decision in the matter is pending I believe and I hope that the foundation that we created in the case years back, leads to the Hon’ble Commission ruling that an insurer is a consumer of reinsurance coverage and therefore can file a consumer complaint against its reinsurer.

    Drawing from your experience in providing pre-arbitration strategic advice for a FIDIC-based contract with the Ministry of Defence, what are the critical considerations when preparing the client for such disputes and future arbitration proceedings?

    A fundamental strength of FIDIC contracts is their emphasis on clearly defining and allocating risks between the employer and the contractor. When advising on FIDIC-based contracts, I first emphasize proactive contract management to mitigate potential disputes. This includes ensuring clear documentation of all project-related communications, adherence to contractual timelines and procedures, and prompt identification and resolution of any ambiguities or disagreements within the framework provided by the contract. However, should the case proceed to arbitration  the focus always remains on building a strong case file,  which needs in depth identification, analysis and organization of evidence much prior to invocation., Successful claims (or counter-claims) in such an arbitration and often depend on lawyers efficiently and accurately synchronizing and linking timelines, technical evidence and contractual provisions before formulating the statement of claims or defence.

    Your commitment to fostering diversity within the legal profession is admirable. How do you ensure that aspiring lawyers receive the mentorship and opportunities needed within your firm? What key qualities do you look for when mentoring young lawyers, and what guidance do you offer them as they navigate their legal careers?

    At Revera Legal, we are committed to fostering a diverse and inclusive work environment. We provide aspiring lawyers with mentorship opportunities, training programs, and challenging assignments to help them develop their skills and advance their careers. When mentoring young lawyers, I look for qualities such as intellectual curiosity, strong work ethic, and empathy with a client’s position. I encourage younger lawyers to develop a deep understanding of the law, cultivate strong communication and advocacy skills, and maintain a high level of professionalism in their practice. Irrespective of personal or professional difficulties throughout their career, lawyers must foremost ensure that their client’s best case is presented.

    Given the demands of your career and leadership position, how do you personally manage to maintain a work-life balance? Additionally, how do you encourage your team to prioritize a healthy work-life balance while excelling in their professional roles?

    Maintaining a work-life balance is crucial for both personal well-being and professional success. Though this appears to be a difficult endeavour in the practice of law, which requires constant attention, reading and mental exertion, do attempt and encourage proper time management,  and distribution of responsibilities amongst the team to the extent possible. Lawyers are always doing a lot of heavy lifting, whether in court practice or transactional negotiations. In such a situation, having a  flexible work environment, rewards and recognition for achievements and drawing boundaries between work and personal life ensures sustainable growth in the profession. 

    In your view, what role will technological innovation play in shaping the future of the legal profession, particularly in the areas of arbitration and dispute resolution?

    Technological innovation is transforming the legal profession as I knew it at the inception of my career, and I believe this trend will continue to accelerate. In arbitration and dispute resolution, we are seeing the rise of online dispute resolution platforms, the use of artificial intelligence for document drafting and review as well as the adoption of virtual hearings by courts throughout the country. I also see that several lawyers and esteemed judges have altogether stopped using paper, instead using tablets and laptops in court, all of which are helpful in organizing, reviewing and carrying voluminous files, and are certainly friendly to the environment. In fact, I believe even notarial services are now being offered online, which are helpful when parties are located in far flung jurisdictions or locations. These innovations have the potential to make the dispute resolution faster, more efficient, cost-effective, and accessible. I am excited to embrace these advancements and leverage them in my firm and practice.

    Get in touch with Ishaan Chhaya –

  • “One of the most important lessons Justice A.K. Patnaik (Retd.), taught me was don’t rush after judgments. Read the statute first and try applying the law to the facts before moving on to judgments which explain the grey areas of law.” – Gaurav Rai, Managing Associate at C&S Partners.

    “One of the most important lessons Justice A.K. Patnaik (Retd.), taught me was don’t rush after judgments. Read the statute first and try applying the law to the facts before moving on to judgments which explain the grey areas of law.” – Gaurav Rai, Managing Associate at C&S Partners.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With nearly a decade of experience in law, what first inspired you to pursue this profession? Was it a conscious decision from the start, or did it naturally evolve over time?

    Law did not seem a natural choice for me initially. I pursued science post 10th Boards and was leaning towards a career in engineering. However, within a few months into the 11th standard, I realised I was not made for a career in science. Also, I always wanted to do something different. While I was exploring a few options, based on what was my worldview at that age, one of my close family friends chose law and that is when I tried to imagine if that is something I would enjoy. By 12th standard I knew, law was the way to go. It stunned a lot of people in a small town where engineering and medicine seemed like the only options for science students. But I had made up my mind and haven’t looked back since. 

    After completing your law degree, you went on to pursue an LL.M. in International Banking and Finance Law from University College London. What motivated you to choose this particular university, and how has your academic journey there contributed to your success in your career? Could you also share some experiences or challenges you faced during the admission process or while studying at UCL?

    Initially I had not even imagined that pursuing an LLM abroad would be one of the options I had. But my father encouraged me to seriously consider it. I was clear that I eventually wanted to pursue Litigation and Arbitration back in India. 

    Since the UK is the home to common law and a lot of Indian law has evolved from the British era, choosing to pursue my LLM in the UK became a natural choice. 

    I researched online and had discussions with a few people who had already pursued their education abroad. The general consensus was that I should look for the professor under whose guidance I would want to write my thesis rather than only selecting a college / university. At that time my interest was in International Law of Foreign Investment and Treaty arbitration. Which is why I wanted to pursue my Master’s under Dr. Martins Paparinskis whose profile was something I was drawn to. He taught both these subjects at University College London in 2015-16. 

    The experience at UCL was exhilarating. Their style of teaching taught me the discipline of self study even before the lecture begins. We had the entire curriculum for the semester in our hands even before the introductory lecture. The focus was on discussions on the topics we were already supposed to have read up on and only to clear doubts based on the preliminary reading. Of the 4 subjects I had chosen, we only had only one lecture of two hours per subject in a week, giving us ample time to read before and after the lecture. This encouraged us to think independently which was the biggest takeaway from the course. 

    One of the most important courses I took up at UCL was the Academic English Writing Course. It was open to all and was a course which would help us write our thesis. This course has had immense long term impact on my career, as it was the seed which led to my academic writing bug later on and also for establishing the Arbitration Workshop Blog. 

    Honestly, the admission process was very streamlined. But I would be remiss in saying that I did everything on my own, I was given guidance by an education consultancy service in India. They were very clear that they would only guide me through the process while I focussed on preparing my essay for the selection process. They encouraged me to dig deep and write the essay based on my life and why I was the best candidate to secure a place in the master’s programme at UCL. The actual course work at UCL was enjoyable. Since we were non-europeans, we were also given the first preference in the hostel accommodations run by the University. To some extent the only challenge I faced was preparing my own meals as I chose an accommodation which did not have a mess but had kitchens on individual floors spread between 5 flatmates. But even that became enjoyable over the course of time.  

    Following your master’s, you worked as a legal assistant to Justice A.K. Patnaik (Retd.), Former Judge of the Supreme Court of India. What were your early experiences like in that role, and how did they shape your understanding of the law? Are there any values or insights from that time that you still carry with you today?

    It was the greatest introduction I could have had in the legal profession. I was the first legal assistant he had hired since his retirement from the Supreme Court and since his foray into arbitration. The one-to-one mentorship with him was a great learning experience. I got introduced to the practical aspects of contract law during my tenure with him and that has shaped my expertise. The practice of arbitration is associated more with contract Law rather than arbitration law and the fundamental aspects of contract law that I learnt on the job helped me immensely in my academic writing. 

    He had a terrific library on domestic and international contract law which broadened my horizons. I got into the habit of reading those books during my free time. One of the most important lessons he taught me was don’t rush after judgments. Read the statute first and try applying the law to the facts before moving on to judgments which explain the grey areas of law.

    When drafting arbitration awards for construction contracts, particularly regarding issues like delays in land handover, scope changes, and termination payments, what were some of the key legal challenges you faced?

    The key issues with constructions contracts were liquidated damages clauses which capped the damages for losses that occurred due to breaches on the part of the employer, such as delay in handover of land / right of away. It created a conundrum where an employer who had hopelessly delayed in handing over of the land or was in breach of an obligation under the contract, was still not liable for the damages to the extent sought by the Contractor, as there was either an exclusion clause or a liquidated damages clause. This is an interplay between Section 73, 74 and 55 of the Contract Act read with Section 23 of the Arbitration and Conciliation Act, wherein the terms of the contract, however absurd, governed the jurisdiction of the arbitral tribunal. 

    As far as change of scope of work is concerned, the disagreement stemmed from whether something amounted to change of scope of work or was it within the original scope of work. I can recall a case wherein the contractor had intimated to the employer that as part of the original objective of constructing the road, there was certain additional work that was required to be done such as shifting of certain pipelines which were not contemplated within the original scope of work. The contractor sought for the approval, however, never received the same. But as the same was necessary to move forward with the construction, they carried out the additional work and raised invoices towards it later. The Employer however rejected the invoices as they had not been approved. In such a scenario, arbitral tribunal had to rely on principles of contract law to hold that the Employer had by its conduct approved the changes, as it never objected to the same contemporaneously, and accordingly the contractor was granted the claim towards the additional work done as part of the construction.  

    Termination payment also is a complex issue. Concession agreements provide termination payment to be made to the contractor in the event of a termination of the contract, either rightful or wrongful, the quantum however being different. Such termination payment clauses are unique to concession agreements as in the DBFOT model, the concessionaire is not just responsible for the construction but also the financing among other things. In cases of termination payment, therefore, the issue of liability becomes very highly contested. Also, the quantification of termination payment used to be very complex and used to have certain grey areas, which made the calculation itself difficult. In cases where the parties spent maximum amount of time on the liability, if the issue of quantification was left unresolved, it became a challenge for the arbitral tribunal to understand the calculation methodology under the contract. This could lead to disagreement over the calculation itself and was particularly challenging on a few occasions while drafting the arbitral award in the office of Justice A.K. Patnaik.

    Can you share some of the most difficult aspects of representing public sector insurance companies in arbitration or before the National Consumer Disputes Redressal Commission?

    While dealing with any public sector undertaking, the most crucial aspect is documentation. If contemporaneous documents are available clearly pointing out the issues / approvals etc during the project being carried out, it becomes easy to represent PSU’s. However the lack of documentation / decision making during the project approval / execution stage makes it difficult to successfully represent the PSU. Further, cases of Insurance come within the scope of Consumer Forums which are summary in nature and hence it becomes difficult to protect the interest of the Insurance Companies since the fora generally are established to protect the interests of the consumer. Insurance law is very technical and certain principles of law, such as, uberrima fides or utmost good faith are only applicable to insurance law. A perusal of various judgments and orders from the District and State fora indicate they do not truly apply these special provisions of law relating to Insurance Contracts and therefore the matter has to unfortunately be appealed to the National Commission. Even at the National Commission and Supreme Court level there is a dearth of the judgments which explain in detail the the unique principles of insurance law which should be applicable to various issues which the district and state fora can utilise and apply. This is one of the greatest challenge of defending a PSU Insurance company or any insurance company for that matter. 

    Having worked on complex arbitral awards and challenges involving patent illegality and public policy, how do you craft compelling arguments when challenging such awards, particularly when dealing with contract violations or lack of sufficient evidence?

    The challenge of arbitral awards is very tricky as the scope is extremely limited. Patent Illegality, as the term itself suggests, stipulates that the award should be illegal on the face of it and should not be just an alternate interpretation of the award. When challenging an arbitral award, the argument which is most convincing is, when the arbitral tribunal has gone beyond the contours of the contract or the law and given a conclusion so absurd that it falls foul of the reasonable man standard. It is rare to get a clear contract violation on the part of the tribunal and if there is such a case, the same falls squarely within the scope of the provisions of arbitration law for setting aside the award. 

    In some cases when the tribunal grants a particular award on the basis of equity the same becomes a valid ground to challenge the award when the parties have not permitted the tribunal to do so. In such cases it is best to stick to the point and not beat around the bush about each aspect of the award in an attempt to try all possible challenges and hoping one will stick. The more precise the argument and draft, the easier it is to convince a court of the patently illegal nature of the award. 

    The arbitral tribunal is considered the master of the evidence, and they have the power to decide the admissibility, relevancy, materiality and weight. Insufficiency of evidence therefore is not a ground for setting aside an award. This is because if there is some evidence, the tribunals are allowed to extrapolate and do intelligent guesswork basis the documents available for the merits of the claim and the quantification of the claims. It is only in cases where there is no evidence that an award made by the tribunal can be set aside. Although the Evidence Act (now the (Bhartiya Sakshya Sanhita) is not applicable to arbitration, the well known principles continue to apply. Hence when the tribunal applies some of these principles incorrectly, it gives an additional yet narrow window of opportunity to the judgment debtor to challenge the award. The crafting of the arguments in this regard therefore are on the lines that the principles of evidence which should have been applicable, have either not been applied or have been applied incorrectly. 

    The above are broadly the methods one can follow to challenge an award on the ground of violation of the contract or lack of evidence.   

    Looking back at your career, what project or initiative has been the most rewarding for you? What made it particularly significant, both professionally and personally?

    The Arbitration Workshop Blog, hands down, has to be the most rewarding project of mine. The initial idea and what it has turned into is surreal for both me and Gautam (my co-founder). The positive reviews I have received from people and the recognition it has given me in the legal circles warms my heart every time. We started the blog before the pandemic and consistently delivered through thought provoking deep dive articles, which is why I believe we have received continued patronage from our readers. It has also become a research tool as many of our hits are straight from google search. I hope we are able to carry on the same way and build it into something bigger, while remaining true to our core principles of creating a more informed arbitration bar and to always deep dive on an issue and discuss the entire jurisprudence, to make it a one stop shop for academic and practitioners alike.

    Given the demanding nature of your career, how do you maintain a healthy work-life balance? Also, how do you ensure your well-being safeguarding your personal health and happiness?

    Honestly it has been tough to maintain a work life balance. To put it bluntly, personal health does take a toll. In which case it is important to find ways to find your happiness and make sure you put efforts towards it whether it comes from work itself or from your side project. Also, finding 15 mins to 30 mins a day is only possible if you take a definitive stance that working out or eating right is most important to putting in long hours in this profession. I prefer playing table tennis in the evenings and working out in the morning at my home, so that it gives me the mental toughness of working through the day. Funnily enough, physical activity makes me more energetic. 

    Everyone needs to find their career, fitness and mental health goals and then balance it out. Because one size does not fit all. Most importantly balance does not mean that your day should be balanced. It could also be that you may have 3 hectic days. It is then important to take light on the 4th day and have the regular balanced days thereafter. The above scenario should not be considered as break in the routine, but rather a vehicle moving full speed ahead, which has gone a little off track, post which you take control and steer it back to the centre. 

    What advice would you give to aspiring lawyers who want to make an impact across diverse areas of law, as you have? Are there any resources or strategies you would recommend for staying up-to-date in the constantly evolving legal field?

    My go to practice is reading judgments straight from High Court websites. I track the roster which is currently deciding the matters which are of interest to me and accordingly, read judgments written by them. I start from the bottom so that I know what the court has decided and thereafter read from the top if it is of some interest to me. This has kept me in good stead over the years as I have maintained a digital notebook of these judgments and thereafter used it as a personal repository to research whenever I am faced with an issue of contract law or arbitration. The judgments also give me ideas to write something on a grey area of law which fuelled my writing career. There is no substitute to reading the original judgment, as articles generally are an interpretation of the judgment by the author of the article. The above practice also helps in increasing the speed of reading judgments and to give us a certain comfort while reading judgments. I am sure this practice will help any young professional aiming to improve their professional standing.

    Get in touch with Gaurav Rai –

  • “Every Indian-origin professional that I’ve met, who successfully transitioned internationally has had a unique journey marked by rejections, hard work, persistence and resilience.” – Khushboo Deshmukh, Assistant Legal Counsel at Permanent Court of Arbitration (PCA).

    “Every Indian-origin professional that I’ve met, who successfully transitioned internationally has had a unique journey marked by rejections, hard work, persistence and resilience.” – Khushboo Deshmukh, Assistant Legal Counsel at Permanent Court of Arbitration (PCA).

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    What initially motivated you to pursue a career in law? Could you share your experience at NLIU and what inspired your early interest in Alternative Dispute Resolution (ADR)?

    I knew by the 8th grade that I wanted to be a lawyer. Initially, I aspired to be a corporate lawyer (blame shows like Suits), but my law school internship in the dispute resolution team of a law firm, shifted my focus towards dispute resolution.

    NLIU played a crucial role in shaping my career as this pivotal phase provided me with an opportunity to interact and collaborate with brilliant minds from various backgrounds, an experience that not only enriched me personally but also broadened my perspective as a budding legal professional. I actively participated in co-curricular activities, including parliamentary debates, where I realized I enjoyed adjudicating more than debating. My participation in an investment arbitration moot sparked my interest in international arbitration, a path I have professionally reconnected with in recent years.

    My first mediation competition in my third year was a turning point, when I won my first individual mediator award in INADR Boston, and later represented NLIU in three more international mediation competitions in INADR London, INADR Chicago, and ICC Paris. These experiences, coupled with internships at leading law firms, cemented my passion for ADR. I was also deeply involved in NLIU’s ADR Cell and later served as its Co-Convenor.

    What were the most impactful experiences from your early years as an associate, and how did they shape your legal career?

    Starting my career at M/s Federal & Rashmikant, a boutique law firm (dissolved in 2018), was a transformative experience. I had the privilege of being mentored by highly sought after senior professionals with over 40 years of expertise, which gave me invaluable early exposure to handling complex disputes. I later continued working as a Senior Associate with Rashmikant and Partners. The firm is renowned for handling high-stake and complex disputes where I was exposed to a diverse range of legal matters, from civil and commercial litigation to ad hoc arbitration and mediation, even delving into the intricate realm of financial disputes and white-collar crime.

    Very early-on in my career, I was entrusted with significant responsibilities of handling clients, briefing senior counsels, and managing cases independently under partner supervision. I learned the importance of every step in dispute resolution, from drafting the first correspondence, seeking inspection and discovery of documents, to developing strategy, and ultimately securing the final order. This hands-on experience instilled in me a detail-oriented yet practical approach to legal problem-solving, which has guided my career ever since.

    What motivated you to pursue an Advanced LL.M. in International Dispute Settlement and Arbitration at Leiden University? What challenges did you face during the admission process, and how did the program shape your career?

    Before applying, I ensured that I knew what I wanted to study and why. I was certain I wanted a specialized LL.M. in international dispute settlement rather than a general LL.M., which helped me streamline my choices.

    Leiden University stood out due to its well-balanced curriculum providing the perfect blend of Public International Law, International Investment Arbitration, International Commercial Arbitration, as well as Negotiation and Mediation, all taught by leading experts in the field. This coupled with the university’s proximity to international organisations, courts and tribunals in The Hague offered unparalleled opportunities for practical insights and networking.

    The application process was competitive, requiring a strong academic and professional profile. My time at Leiden University significantly shaped my career, exposing me to diverse legal professionals as peers and professors who helped me in building a strong foundation in international dispute resolution.

    How did you manage the transition from an Indian legal background to an international career? What challenges did you face?

    For an Indian dispute resolution lawyer, transitioning internationally often starts with an international master’s degree. Hence, I researched my options and pursued a specialised master’s. Building an international career has undoubtedly been the most difficult challenge in my legal profession thus far, as there is no red carpet laid out for Indian disputes lawyers. The competition is fierce, and the international market is often saturated and full of international professionals with intimidating profiles.

    The only factors that I had on my side were hard work, persistence and a strong support system in the form of my family and friends, who stayed by my side while I made hundreds of applications and dealt with innumerable rejections. In order to continue upskilling myself and in line with my passion for meditation, I obtained an accreditation from ADR ODR International Ltd. as a Civil/Commercial Mediator. I also ensured that I engaged in networking both in-person and virtually with professionals across Europe, United Kingdom and Asia. Additionally, I offered legal services independently while I looked for positions which helped me to keep testing my legal skills and broadened my industry connections. Lastly, I kept myself abreast with the legal updates, which does not necessarily have to come from paid platforms.

    How has working across multiple jurisdictions—India, the UK, the Netherlands, and Singapore shaped your approach as a legal professional?

    Growing up in Indore, a city in central India which is rich in diversity and tradition, I naturally developed an ability to adapt to different cultures and environments. This adaptability has been instrumental in navigating the complexities of working across multiple jurisdictions.

    Working for five years in the Indian dispute resolution market has undoubtedly given me a strong foundation to build on. At WilmerHale, I gained firsthand experience at a top-tier international arbitration firm, working alongside some of the biggest names in the field of international arbitration. In the Netherlands, I worked independently, deepening my understanding of both common and civil law traditions. Each jurisdiction has its own legal framework, procedural nuances, and cultural approach to dispute resolution. For me, the most compelling aspect of international dispute resolution is that it provides the opportunity to delve into different legal jurisdictions, giving an insight into different ideologies and view-points of international professionals and parties from different nationalities.

    Now, at the Permanent Court of Arbitration, I’ve transitioned from private practice to an intergovernmental organization, which required a shift from an adversarial approach to a more neutral and institutional perspective. This transition has been a process of both unlearning certain practices and acquiring new skills to adapt to a more balanced and procedural role in dispute resolution. Every step in this journey has broadened my perspective, reinforcing the importance of adaptability, cultural sensitivity, and a deep understanding of international dispute resolution mechanisms.

    What advice would you give to aspiring lawyers seeking to make an impact on the international legal stage?

    Beyond academic credentials, one must actively develop skills that align with international legal standards and help you stand out. Networking, gaining practical exposure, and continuously upskilling are crucial. Every Indian-origin professional that I’ve met, who successfully transitioned internationally has had a unique journey marked by rejections, hard work, persistence and resilience.

    Stay informed about emerging legal trends through academic journals, online courses, and professional seminars. Network strategically by connecting with professionals in positions you aspire to be in, and learn what skills are in demand. Be proactive in gaining experience.

    Unfortunately, there is no cookie-cutter formula to this. At the risk of sounding like a broken record – it is only a commitment to keep growing and the willingness to adapt.

    How do you see technology evolving in dispute resolution, and what impact will it have on efficiency and accessibility?

    Technology is revolutionizing dispute resolution, making it more efficient, cost-effective, and accessible. The rapid adoption of virtual hearings, AI-driven legal research, and online dispute resolution platforms has eliminated geographical barriers and enhanced access to justice.

    COVID-19 accelerated this transition, normalizing virtual court hearings and international arbitrations via video conferencing. AI now assists in legal research, document review, and predictive analytics, allowing lawyers to develop stronger arguments faster. However, technology also brings challenges, including cybersecurity concerns and the digital divide, particularly in developing countries.

    Ultimately, while technology enhances accessibility, dispute resolution will likely follow a hybrid model. In-person hearings will remain crucial in certain cases, such as family mediations, where personal interaction is essential. Legal professionals must stay adaptable and embrace technology while ensuring it complements, rather than replaces, critical legal judgment.

    Given the demanding nature of your career, how do you maintain a healthy work-life balance? How do you encourage your team to do the same?

    Work-life balance is one of the biggest challenges for legal professionals worldwide. It’s unrealistic to expect a perfect balance every day. What matters is prioritizing effectively and being fully present in whatever you’re doing.

    I make time for personal life, even in small ways – whether it’s a morning coffee ritual, reading during my commute, or setting aside dedicated time for family and friends. I also enjoy playing the ukulele time to time. Some days work demands more, and some days personal life takes priority, but balance is an ongoing process rather than a daily equation.

    Having a hobby, as simple as reading, playing music and writing helps maintain personal well-being. Most importantly, building a strong support system is key. The legal profession is demanding, with inevitable highs and lows, and a reliable support network of family, friends, and peers is what sustains you through it all.

    Get in touch with Khushboo Deshmukh –

  • “A successful start to a legal career requires a combination of intellectual rigor, reading, practical experience, internships and personal growth.” – Ranit Basu, Partner at Bridgehead Law Partners.

    “A successful start to a legal career requires a combination of intellectual rigor, reading, practical experience, internships and personal growth.” – Ranit Basu, Partner at Bridgehead Law Partners.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With nearly a decade of experience, could you share what shaped your decision to pursue a legal career? Was law always your intended path, or did your interest develop over time?

    Growing up in different parts of the country, I witnessed diverse cultures and educational experiences. During all these changes, the only thing that remained constant was my love for reading, debating and playing sports. After doing extensive research into various avenues which are better suited to my interests, I realised that law is my calling. Although I am a first-generation lawyer, rigorous participation in moot court, extempore debate and client counselling competitions gave me the motivation and confidence to pursue litigation. My interest in litigation shaped my vision to join a chamber, start my independent practice and ultimately establish a law firm.  

    You began your legal career at the chambers of Senior Advocate B. M. Chatterji in Mumbai. What were some of the key lessons you learned during this time and how did it help form the foundation of your legal practice?

    It is difficult to sum in limited words about the profuse lessons I have learnt from Chatterji sir. Under his tutelage, I learnt the importance of meticulously reviewing documents, to give attention to details, learning to juggle multiple tasks and manage time to handle the demands of legal practice especially when managing a large caseload, the real-world impact of legal decisions, the importance of clear, empathetic communication before the Court, how to approach and conclude complex legal research. He set the foundation of my legal practice and despite going independent, I continue to learn from him and for that I will forever be grateful to him, as once a senior, always a senior.

    After gaining significant experience, you founded Bridgehead Law Partners. What inspired you to take the leap and establish your own firm, and what challenges did you face while building your practice from the ground up?

    Bombay is the financial hub of India with a plethora of commercial and financial transactions and disputes. My focus area has always been commercial dispute litigation and my Partner Karan Narvekar’s focus area has always been corporate advisory. We teamed up and established Bridgehead Law Partners with the passion and vision to build something from scratch, make a bigger impact, provide a one stop solution to all legal disputes and to take on complex legal matters. Despite multiple challenges, seeing the firm grow from an idea to something that truly makes a difference in the lives of clients and litigants has made this struggle worthwhile. One of the biggest challenges I faced in building my practice was the initial uncertainty, financial risk and pressure to make decisions that would affect not just me, but those who joined me in this journey because team building is one of the key ingredients for ensuring longevity of any institution. 

    Could you give us an insight into your practice areas? Do you take up a lot of matters before the National Company Law Tribunal and National Company Law Appellate Tribunal?

    My practice revolves around various kinds of commercial disputes arising under contracts, domestic and international arbitration, direct and indirect taxation laws, succession matters, admiralty law, insolvency and bankruptcy law specially relating to creditors, resolution professionals, successful resolution applicants and personal insolvency across the country. I also represent clients before the Securities Appellate Tribunal in matters pertaining to securities law disputes. Securities Appellate Tribunal is a special forum with only one bench in Mumbai that hears appeals against decisions made by the Securities and Exchange Board of India, Insurance Regulatory and Development Authority or the Pension Fund Regulatory and Development Authority. 

    Practice in National Company Law Tribunal and National Company Law Appellate Tribunal is not just about insolvency matters. It also deals with multiple disputes arising under the company law and one of the most common disputes is act of oppression and mismanagement of shareholders in a family-owned business. Indian insolvency law is still evolving and NCLT is already overburdened with the pressure of time bound disposal of insolvency matters, however, constitution of bench with members from legal background as well as practical and technical areas have led to closure of corporate insolvency resolution process of various companies, restored faith of investors and framed the landscape of insolvency laws in this country.

    Given your experience in both Indian and international arbitration, how do you manage the complexities of cross-border legal matters? What specific challenges arise when working with foreign clients or navigating international legal systems? 

    Managing the complexities of cross-border legal matters, especially in arbitration, requires a deep understanding of both the substantive legal issues and the procedural nuances that differ from one jurisdiction to another. Each jurisdiction has its own laws, regulations, and procedures for arbitration. In the case of cross-border arbitration, I ensure that I have a clear understanding of the relevant legal framework in both: the country where the arbitration is seated and the countries involved in the dispute. One must also be well versed with the Arbitration and Conciliation Act, 1996, UNCITRAL Model Law on International Commercial Arbitration, rules of arbitration institution, etc. Managing cross-border arbitration involves a strategic combination of understanding different legal systems, building strong working relationships with local experts, maintaining cultural sensitivity and being adaptable in the face of evolving challenges. 

    What advice would you offer to young law students or aspiring advocates who wish to pursue a career similar to yours? Are there any particular skills, habits, or mindsets they should focus on developing early in their legal careers?

    Early on in my law college, I realised the importance of being updated about legal developments. For me, reading legal articles, judgments and journals was an unavoidable part of my law college journey. It is a habit I continue to follow till date. A successful start to a legal career requires a combination of intellectual rigor, reading, practical experience, internships and personal growth. One advice that I would like to pass on is that law students must participate in moot court competitions to get an insight into the dynamics of presenting a case before a judge, understanding courtroom etiquette building confidence in dealing with the court environment.

    Balancing professional growth with personal life can be challenging. How do you manage to maintain this balance? Are there any specific hobbies or activities you enjoy to unwind and relax after a busy day?

    Just as I schedule meetings and work-related tasks, I also schedule personal time for activities that help me unwind after a long day. Whether it’s spending time with family and friends, exercising, playing sports, reading books or travelling, treating this time as non-negotiable ensures that I don’t overcommit to work and lose out on life outside of the office. I try to be intentional about how I use my time. Regularly stepping back to reflect on my goals, both professional and personal, helps me stay aligned with what I want from life. 

    Get in touch with Ranit Basu –

  • “I believe an inherent interest and love for the Law, coupled with deep reserves of patience is an absolute essential if choosing to pursue litigation.” – Aditi Tripathi, Advocate-on-Record at Supreme Court of India.

    “I believe an inherent interest and love for the Law, coupled with deep reserves of patience is an absolute essential if choosing to pursue litigation.” – Aditi Tripathi, Advocate-on-Record at Supreme Court of India.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With over a decade of experience now, what initially sparked your interest in pursuing a career in law? Was it a deliberate decision to enter the legal profession, or was there a specific event or experience that inspired you to take this path?

    I never had to look for inspiration beyond home. My father, Justice Ajay Kumar Tripathi, was a first generation lawyer, who in turn was encouraged to pursue law by Prof. N. Madhava Menon, the architect of modern legal education in India. Watching my father burning the midnight oil in preparation for matters, and listening to his stories about particularly challenging days in court was always fascinating. Even as a child I could glean that here was a career that encouraged inculcating intelligence, quick thinking, and an ongoing quest for knowledge coupled with an element of public service. 

    By the time I was at the cusp of entering college, my father was elevated to the bench, which gave me fresh and unprecedented insight into the gruelling demands of the profession, not only as part of the Bar, but even on the Bench. Having an innate inclination towards humanities over the sciences, I loved studying history and political science and ultimately, decided to appear for the law school entrance exams.

    During my time at NUJS, Kolkata I endeavoured to gain a broad spectrum including during internships. In my penultimate year of law school my elder sister, also a lawyer, advised that I apply for an internship with Amarchand & Mangaldas & Suresh A. Shroff & Co., New Delhi (now Shardul Amarchand Mangaldas/SAM). I interned with the Litigation and Disputes Resolution practice area at AMSS. I assisted the associates in active matters with research and drafting. It was exciting and challenging, and led me to realise that litigation was my true calling. Having liked my work, AMSS recruited me while I was still in my 5th year.

    Having worked with several distinguished legal chambers and law firms, how did these early experiences shape your approach to legal practice? Are there any key lessons or insights that you gained from these experiences that continue to inform your work today?

    My litigation journey started with the Litigation and Disputes Resolution Team at AMSS. AMSS is one of India’s top-tier law firms, while you feel fortunate to be a part of the organization, life at a law firm is gruelling. The long hours, in a high pressure environment is ‘baptism by fire.’ However, working at one of the leading law firms of the country, I learnt to emulate the industry’s best. Law firms give you great exposure, both at a professional and personal level. Handling high stakes matters, I inculcated critical thinking, which makes for a good lawyer, and as a solicitor, I also mastered skills like time and client management. The most important skill I imbibed at AMSS was attention to detail. Another learning from Mrs. Pallavi S. Shroff, the Managing Partner was to always be prepared with the brief, even if you are the junior-most lawyer on the matter. She guided young lawyers to learn every aspect of the matter, including the most fundamental things like ensuring no typographical errors, correct pagination of briefs, preparing proper case compilations, and brief management. Even now in the era of digitisation, these skills continue to serve me well and have set high standards for my final work product.

    Wanting to be in courts more regularly, I joined the Chambers of Mr. Paras Kuhad, Senior Advocate and Former Additional Solicitor General of India. The experience at a senior’s chamber after a law firm was equally if not more challenging and demanding. The most important insight Mr. Kuhad provided was that as a litigator one has to marshall the facts of a brief. Arguments may be subjective, depending on the side you are defending, but not the facts. In court, I frequently see Judges calling upon young counsels to apprise them on the facts of a petition. Judges are always encouraging of juniors who are well prepared. As a young counsel, to receive a compliment from the court is an unparalleled feeling, and goes a long way in building your confidence. This also instils a sense of ownership towards the brief.

    I also had the privilege of being a part of Mr. P.S. Narasimha, Senior Advocate’s chamber (as he then was). While the volume of work made it a high pressure work environment, it was also the most ideal office, with an exceptionally congenial atmosphere. The biggest insight I garnered during my time there was that – with the right attitude and guidance, people thrive and are encouraged to show up and give their 100% every day. As a part of Mr. Narasimha’s office, I worked on matters, which engaged the attention of the nation. Observing Mr. Narasimha, I learnt that keeping your composure, no matter the complexity of the brief, is the touchstone of a good lawyer, and also of a good human being.

    Undoubtedly, the common thread running through all the offices I have been a part of is that there is no substitute for hard work in our profession. 

    After gaining experience with various legal entities, you chose to establish your own practice. What motivated this decision, and what challenges did you face in the early stages of building your independent practice?

    While mentorship under a Senior Advocate helps lay the foundation to your foray into the practise, it is still a bubble. I had already received a taste of solicitor practise, and realised I enjoyed being a litigator more. Therefore, instead of going back to a law firm, I dove into the deep end.

    I decided to go independent while the world was still overcoming the rigours of the pandemic. It was daunting, and there were difficult days. Work was slow and sporadic. After being accustomed to working at a 100 miles an hour, 7 days a week, for close to a decade, this was a new normal. I had to make peace with a different pace. As a silver lining, I got time to prepare for the Advocates-on-Record Exam, which I cleared in 2022.

    The idea is not to get disheartened. Litigation is a patience game, and the patient are surely rewarded. 4 years later, slowly yet steadily, work and clientele has grown, and life has come a full circle. The familiar hectic nature of the practise, 7 days a week is back. I have come to relish it as I now get to work on my own terms. 

    Being an Advocate on Record, what are some of the most challenging legal issues you have encountered? How do you approach representing the Government in the Supreme Court, and can you share an example of a significant matter you handled for the Union?

    The Advocate-on-Record is a bridge between the clients and the court, ensuring compliance with legal formalities and maintaining the integrity of the judicial process. Managing client expectations along with the strict scrutiny from the Court is a fine balance to be struck on a daily basis.

    As Panel Counsel for Union of India, the challenge arises from the multifaceted nature of litigation involving the Government of India. Representing the government requires a nuanced understanding of both legal and administrative issues, with the added pressure of ensuring that the legal positions are consistent with existing policy and legislative frameworks. In cases involving matters of national significance — such as land acquisition, criminal laws, or fiscal regulations — the government’s stance must be defended without compromising on constitutional principles. One dons two hats in such cases, i.e., that of a counsel and also an officer of the court. The responsibility and care when drafting on behalf of the government is also greater. This demands an in-depth grasp of public law, detailed preparation, and an ability to respond swiftly to dynamic legal developments in a high-pressure and high-stakes environment.

    My approach to high-stakes matters involves meticulous preparation and intelligent strategizing. One has to be ready for all possible questions that fall from the Bench. By being proactive, I work towards achieving favourable outcomes even in the most complex issues and questions of law.

    You represent a variety of public-sector organizations. How do the legal challenges differ when representing government-owned entities compared to private clients? What strategies do you employ to address complex issues, particularly when public interest is at stake?

    The most significant challenge is striking a balance between the rights of individuals, the existing policy framework and the larger public interest, especially in cases that involve public welfare or environmental protection. In such cases, stakes are often high, and the outcome can have far-reaching consequences. Additionally, interpretation of laws, particularly in unchartered questions of law and in evolving social and political landscapes, add a layer of complexity that requires constant adaptability and precision.

    You have represented clients in arbitration cases involving significant monetary stakes. Can you elaborate on your approach to high-stakes arbitration and the strategies you employ to achieve favourable outcomes? Additionally, how do you navigate the complexities of cross-border disputes, especially those involving international arbitration bodies?

    In high-stakes arbitration, my approach centres on a deep understanding of the legal nuances, the facts of the case, and the business interests of my clients. With significant monetary stakes involved, my priority is to build a strategy that is both legally sound and strategically astute.

    First, I focus on thorough case preparation. This means not only understanding the applicable law in-depth but also conducting a meticulous review of the evidence, the contract terms, and any prior communications that could impact the dispute. I always anticipate potential challenges and prepare pre-emptive responses. At the same time, I try to understand my client’s broader goals—what outcome they are hoping for beyond just the legal victory—and this informs how I present the case.

    A key part of my strategy is identifying and leveraging early opportunities for settlement or negotiation. Arbitration, while a powerful tool, can be a time-consuming and costly process. If we can settle on favourable terms, I pursue that route, ensuring my client secures a win without unnecessary delays. I assisted Mr. Narasimha in drafting the Mediation Bill under the aegis of the Supreme Court Mediation and Conciliation Project Committee. In the course of the same, I realised the merits of Mediation in assisting clients finding speedy resolutions to their disputes, while the courts grapple with pendency. However, when arbitration is the only viable option, I embrace it fully and leave no stone unturned in presenting the case at its strongest.

    In terms of navigating the complexities of cross-border disputes, especially involving international arbitration bodies, I recognize that each jurisdiction has its own unique set of rules and procedural nuances. My approach to cross-border disputes is based on a clear understanding of both the international arbitration framework and the local legal systems at play. This includes knowing the procedural rules of the institution governing the arbitration, anticipating enforcement challenges, and managing any potential jurisdictional issues that arise.

    International arbitration requires a blend of legal expertise and global perspective. I pay careful attention to jurisdictional choices, as these can have a profound impact on the outcome. A robust understanding of public international law, private international law, and the evolving trends in international dispute resolution ensures that I can effectively navigate the complexities of cross-border disputes and craft arguments that resonate with international tribunals.

    Finally, I focus on maintaining effective communication with all stakeholders involved, including clients, opposing counsel, and arbitrators. Building trust and confidence in my representation is critical, especially in high-stakes matters where the pressure is intense.

    Looking back, what has been one of the most interesting or difficult cases you have handled? How did you approach and navigate the complexities of that particular matter?

    While every case presents its own complexity, in the past couple of years, I have had the privilege of being part of legal teams appearing before Constitution Benches of the Supreme Court. It is incredible. The matters that stood out for me are – the Ayodhya Ramjanmabhoomi Dispute, In Re: Article 370 (the abrogation of Article 370), and the Aligarh Muslim University Minority Status dispute. Apart from being some of the leading cases of their time, these matters also provided the unique opportunity to assist and learn from some of the finest legal minds of our time.

    The learning curve in such cases is undoubtedly steep. In such matters, I learnt that one has to navigate two aspects of the matter – One is the preparatory aspect. Each of these matters were highly contentious, with voluminous pleadings, running into thousands of pages. The facts as well as the dispute itself, in each of these cases also presented the unique challenge of spanning decades. There was also the challenge of tight timelines. While the sheer size of the pleadings can initially feel very daunting, it is important to understand that to be able to effectively assist a Senior Counsel in trimming down all the weight to come up with the best arguments, one’s role as a briefing counsel assumes great significance. The briefing counsel has the task of setting up the foundation for the arguments to be put forth by the Senior Counsel. Here, one gets the opportunity to be creative and come up with novel arguments in support of the brief. For this, one has to be well-versed with the matter including facts, arguments, documents and pleadings – both in support of and against one’s case. 

    It may seem like an oversimplification but in my experience, the only way to do that is to take it head on and get into the depth of the brief. The devil is in the details. The preparatory part of the matter can be gruelling with long hours of research, reading, refining and reshaping of arguments. Of course, it helps that the courts have become committed to going paperless and that makes handling the records in such cases much easier.

    The second aspect is the hearings. Constitution Bench matters pose the challenge of being time-bound, which means the matters may be heard on a day-to-day basis, often spanning many days, from morning to evening. As a briefing counsel, one not only has to keep up with the arguments of the day, note the questions and observations falling from the Bench, but also prepare for the next day, alongside assisting the senior in refining arguments as the matter progresses. Cases of such magnitude and public importance, help develop promptness, lateral thinking and the ability to handle pressures.

    Having worked in both private practice and public sector legal roles, how do you view the evolving landscape of Indian legal practice, particularly in fields such as arbitration and regulatory disputes? How do you see the role of legal practitioners evolving with the advent of technology into the sector?

    The most striking facet of the Indian legal landscape is its dynamism and constant evolution. The ease with which we have been able to navigate hearings before Constitutional Benches of the Supreme Court, such as the ones I mentioned before, is evidence of our profession’s adaptability and the efficacy of going paperless.

    The Indian legal sector is undergoing a period of rapid transformation, driven by both domestic shifts and global developments, and I see this as a golden opportunity for young practitioners like myself.

    In arbitration, India has become an increasingly attractive hub for both domestic and international arbitration, with courts taking steps to reduce delays and create a more favourable environment for dispute resolution. Government of India’s focus on strengthening arbitration laws through reforms, has been vital in this evolution. I also believe that the growing emphasis on institutional arbitration, alongside India’s position within global arbitration networks, will elevate the country’s standing as a leading arbitration venue.

    Regarding regulatory disputes, India’s economic growth and regulatory framework are becoming more complex. Areas like competition law, antitrust, and environmental regulations are seeing increasing levels of scrutiny. Government initiatives to streamline regulations through digital platforms, like the Ease of Doing Business reforms, have also led to a surge in litigation, especially involving corporate governance, compliance, and tax matters. These regulatory shifts require legal professionals to stay ahead of developments and offer creative, proactive solutions to clients who are navigating these dynamic environments.

    In my view, the role of legal practitioners in India is evolving in exciting ways due to the integration of technology. Legal tech tools, artificial intelligence (AI), and data analytics are already reshaping how we research, draft, and even negotiate. The use of AI for contract analysis, predictive legal outcomes, and managing case precedents is quickly becoming standard practice. For young lawyers, this means we need to become proficient with emerging technologies to stay competitive. 

    At the same time, technology provides opportunities to streamline processes, reduce costs, and improve the efficiency of legal services, which can be particularly valuable in high-stakes disputes and regulatory matters where timelines and costs are often significant concerns.

    Furthermore, technology is also facilitating greater access to justice, especially through platforms that enable online dispute resolution (ODR). This is a significant shift in the way legal services are being delivered, and I think it will greatly benefit sectors such as arbitration, where parties can engage in virtual hearings, consultations, and settlements. From a strategic perspective, these technological advancements allow legal practitioners to work more effectively, handle higher volumes of work, and cater to a more global client base.

    While technology will drive efficiency, I firmly believe that the need for human judgment, creativity, and expertise will always be central to legal practice. The ability to navigate complex regulatory environments, understand nuanced legal principles, and build persuasive arguments for arbitration cases or regulatory disputes cannot be replaced by technology. As such, the evolving role of lawyers will likely involve leveraging these technological tools to enhance their practice while continuing to hone traditional legal skills.

    What advice would you give to aspiring legal professionals looking to build a career similar to yours, particularly those interested in litigation, arbitration, and constitutional law? Are there specific areas of law or skills they should focus on to thrive in today’s legal environment? Additionally, could you recommend resources to help them stay informed about the latest legal developments?

    It’s heartening to see the competitiveness and acceptability Law as a profession has achieved. It is also wonderful to see the diverse avenues available to law graduates these days, as compared to the time when I went to law school. But I believe with respect to some aspects of the profession, the more things change, the more they remain the same. This is especially true for litigation as a preferred choice of career for young legal professionals. I believe an inherent interest and love for the Law, coupled with deep reserves of patience is an absolute essential if choosing to pursue litigation. 

    A career in litigation is like a 5-set tennis match. It is important to remember that it is a marathon and not a sprint. To win, one needs to invest time and hard work, while keeping in sight the larger picture. While you may win or lose a particular point, you have to move on and continue to play the next point to win the game, the set and the championship. Similarly, each brief that a client comes to you with, each order, favourable or adverse is a lesson and the building block for sharpening your skills and honing  your court craft. The learning never stops. Recently, Mr. Sidharth Luthra, Senior Advocate, happened to see me during arguments. He met me after and gave me very sound advice – the outcome of a matter is a combination of many factors, and it does not matter whether you win or lose. The important thing is to be on top of the matter and give your best. Hence, one must remain committed to putting in the hard yards and give your best shot at every juncture. 

    Another advice I would like to give to aspiring legal professionals is to initially try and gather as much varied experience as possible. In the initial years it is better to be a jack of all trades. Many young law graduates these days on being asked what their preferred career trajectory is, tend to answer that they would like to pursue a full-time career in one field of law such as arbitration, intellectual property, technology law, etc. While an interest in a specific field of law and clarity in the early years is great, however, the legal arena is ever-expanding. For a well-rounded development as a good litigator, it is advisable to have a general approach so as to learn as much as possible. 

    As for keeping oneself informed, about the latest legal developments, there is no dearth of information, especially in the era of social media and dedicated portals that update latest legal pronouncements and developments in real time. That being said, one must guard against falling prey to the tendency of the “3-second attention span” and scrolling culture. The idea is not only to be aware but well-informed. Therefore, it is important to read, not just the news flashes but the very judgments and reflect on the same. I am somewhat old school that way and have found in my experience that books and commentaries are great allies when wanting to understand the evolution of the law, and achieve greater clarity on principles of law.

    With your career balancing both high-profile legal work and professional responsibilities, how do you manage your work-life balance? What strategies or practices help you maintain personal growth and stay motivated to excel in such a demanding and fast-paced field?

    Managing work-life balance in a demanding career requires a combination of personal discipline and regular self-reflection. The hard truth is, the practise of law is not for the faint-hearted. Personally, the concept of work-life balance has eluded me throughout the better part of my career. That being said, court vacations provide a welcome opportunity for respite, offering precious time to reconnect with family and loved ones. Beyond these breaks, I believe it is essential to cultivate at least one hobby or interest outside of work. My mother encouraged me to take up gardening. Spending time in my garden is my favourite way to destress. I also find travel rejuvenating. It helps to reset perspectives and makes returning to the demands of the daily rigmarole more manageable. I also try to catch up on reading. Not just the law books, but good old literature. Sports is also a great way to get centered. I love to swim, play tennis and practice yoga. I try to be regular, even on working days. I recently picked up ballroom dancing. While one’s career is undeniably important, it is only with a healthy body and a healthy mind that one can give their best.

    Get in touch with Aditi Tripathi –

  • “The ability to shape my own legal practice, work directly with clients, and create a culture that reflects my values has been incredibly rewarding.” – Aditya Ganju, Counsel at AG Chambers.

    “The ability to shape my own legal practice, work directly with clients, and create a culture that reflects my values has been incredibly rewarding.” – Aditya Ganju, Counsel at AG Chambers.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    You’ve had an impressive legal journey, from working with prestigious firms like Khaitan & Co. to establishing AG Chambers. What inspired you to pursue law?  

    I have been incredibly fortunate to have had the privilege of working in some of the most respected legal organizations, each of which has played a pivotal role in shaping my career. My legal journey began at Fox Mandal, followed by an enriching experience at the chambers of a senior advocate, and then a significant tenure at Khaitan & Co, where I eventually became a partner… 

    Each of these roles offered a unique set of challenges and learnings. The exposure to varied legal fields gave me the opportunity to refine my legal acumen and develop a holistic approach to problem solving. Yet, despite the growth I experienced in these firms, I eventually felt the calling to chart my own path—one where I could bring together my accumulated knowledge, my passion for law, and desire to provide clients with more personalized and agile solutions. It was this realization that led me to take the leap and set up my own chambers..

    The decision to pursue law was something that came to me naturally. My father, a senior counsel, was my role model, and I had the unique privilege of watching him work tirelessly through his briefs, preparing for court hearings, and discussing cases with his colleagues. The dinner table often turned into an impromptu courtroom, with legal discussions filling the air. These experiences, though subtle, sparked an early interest in the law.  

    With over 14 years of experience in the legal field, what are some key lessons you’ve learned through handling high-stakes disputes? How can younger lawyers incorporate these lessons into their practices?  

    High-stakes cases are often characterized by their complexity, both in terms of the factual details and the legal intricacies involved. These cases rarely follow a straightforward path, and the stakes are usually high, meaning that every decision made can have a significant impact on the outcome. In such scenarios, a legal team is typically required to work tirelessly, leaving no stone unturned to protect their client’s interests and to ensure the best possible result.

    The first step in managing such complex cases is mastering the facts. One must be thoroughly familiar with every aspect of the case. This often involves sifting through large volumes of case materials and identifying key pieces of information that could make or break the case. It’s critical to stay on top of the facts because they are often the foundation upon which the entire legal strategy will be built.

    However, the mere knowledge of facts is often not enough when the case involves specialized technicalities or industry-specific knowledge. In these instances, it is highly advisable to consult with industry experts. These experts can provide crucial insights that go beyond what is written in the case papers, offering a deeper understanding of the technical or sector-specific issues at play. 

    Additionally, client representatives—especially those working on the ground—can offer a wealth of information that may not be immediately apparent from the case documents. Their firsthand experience can provide unique perspectives on the practical realities of the situation, allowing the legal team to craft a strategy that is both legally sound and grounded in real-world considerations.

    As a young professional, handling such high-stakes cases can feel overwhelming at times. The responsibility of navigating complex disputes and managing all the details can be daunting, but it is also an invaluable learning experience. In these situations, it is essential to lean on the support of more experienced colleagues. Their guidance can help clarify the approach to take, provide insight into potential pitfalls, and offer strategies that may not be immediately apparent. Collaboration within a team is key and makes the process of tackling challenging cases much more manageable and strategic.

    After years of being a partner at Khaitan & Co, what motivated you to set up your own chambers? What differences in work dynamics and opportunities have you experienced since establishing AG Chambers?  

    Transitioning from a partner at Khaitan & Co. to setting up my own chambers was driven by a desire for greater autonomy, flexibility, and the opportunity to shape a personal brand that aligns with my professional aspirations and personal values. While my time at Khaitan & Co. provided invaluable experience and exposure, I recognized that to truly explore specific areas of law that resonated with me and to engage with clients in a more meaningful way, I needed the freedom to build something of my own. 

    One of the most rewarding aspects of running my own chambers has been the ability to cultivate more direct, personal relationships with clients. This deeper engagement has allowed me to gain a more nuanced understanding of their needs and challenges. Rather than focusing solely on legal issues, I am now able to take a more holistic approach, offering solutions that take into account both the legal and personal aspects of each case.

    Additionally, there is now a greater sense of responsibility, particularly in the area of business development. Now I am involved not only in legal work but also in the growth and strategic direction of the practice. This responsibility has been both challenging and fulfilling. There is also a constant drive to innovate and diversify the areas of work we handle, ensuring that the practice stays relevant and offers comprehensive services to our clients.

    Ultimately, it has brought a renewed sense of satisfaction. The ability to shape my own legal practice, work directly with clients, and create a culture that reflects my values has been incredibly rewarding. It has given me the opportunity to work on projects that I am passionate about, collaborate with a talented team, and continuously grow both professionally and personally.

    Your transition from being a Partner at Khaitan & Co. to setting up AG Chambers must have been significant. What challenges did you face in establishing your own practice, and how did you overcome them?  

    Stepping away from a prestigious firm like Khaitan & Co. to establish my own chambers certainly came with its own set of challenges. Starting from scratch—essentially restarting my practice—required not only a clear vision but also meticulous planning, resilience, and an unwavering determination to succeed. 

    Running a legal practice involves much more than simply practicing law. From securing office space and setting up the infrastructure, to managing IT systems, accounts, and day-to-day operations, there are many moving parts to consider. Building a team that shares the same commitment to excellence and values is crucial. In addition to internal office management, I also had to convince both existing and potential clients to take a chance with a new establishment. 

    Fortunately, I was able to ride over the hurdles along the way by leveraging my work experience and network which I have developed over the last 15 years in the profession. I have also been fortunate enough to stitch together a strong, talented and active team, who share my vision and are passionate about the legal profession. 

    I am quite pleased to say that AG Chambers has in a short span of time, grown rapidly and developed a sizable client base.

    Legal practice, especially in high-stakes arbitration and commercial disputes, can be incredibly demanding. What are some of your favorite ways to unwind and maintain a work-life balance amidst such a fast-paced career?  

    A lawyer’s life, by nature, comes with its fair share of professional hazards. The unpredictable nature of the job means that court matters and deliverables often clash, urgent briefs may arrive late into the night, and clients may impose tight, sometimes steep deadlines. This constant pressure can make it feel as though the work is never-ending.

    However, the key to managing these challenges lies in effective prioritization and, perhaps more importantly, knowing when to call it a day. It’s easy to fall into the trap of working continuously, but the reality is that the work will always be there. Learning to set boundaries and manage your time efficiently is essential not just for professional success, but for personal well-being as well.

    Ultimately, taking care of oneself is crucial. I believe it’s important to make time for activities outside of work that help you recharge. For me, that often means diving into a good book, unwinding with a Netflix show, or enjoying a meal out with friends or family. These moments of leisure allow me to decompress and return to work with renewed energy and focus.

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