Tag: Arbitration

  • “Connecting with people and helping them navigate their legal challenges is what truly excites me. Awards and recognition are secondary; it’s the satisfaction of making a difference that drives me.” – Gaurav Dhwaj, Founder & Managing Partner of Dhwaj & Associates

    “Connecting with people and helping them navigate their legal challenges is what truly excites me. Awards and recognition are secondary; it’s the satisfaction of making a difference that drives me.” – Gaurav Dhwaj, Founder & Managing Partner of Dhwaj & Associates

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Hello and welcome to another episode of SuperLawyer YouTube channel. Today we have with us advocate Gaurav Dhwaj who is founder and managing partner of Dhwaj and Associates. His specialties are legal and regulatory practices which relate to telecom, media and information technology sectors.

    Also commercial contracts, litigation and arbitration. Most welcome sir to our channel and thank you for accepting our invitation. I know you are a busy person. So I’ll quickly start with the first and very pertinent question. When did you decide to do law? How did you decide to become a lawyer and how was your school days and college days and the kind of experiences or inspirations that you got from there that motivated yourself  to becoming a lawyer, the way you are today?

    The floor is yours, sir.

    Thank you very much, Divya. First of all, I am deeply honored to be on this platform and am happy to reflect on your queries about me, the profession, and my understanding of it. To address your first query, I would like to start with my school days.

    I have always been energetic and excited to explore new opportunities, challenges, and experiences. Some of that enthusiasm is still with me. If there was any activity in school, whether it was a debate competition, essay writing, storytelling, or poetry, you name it, and I would be there, in addition to my studies, of course. I was a very participative student, involved in almost all activities. My childhood was quite eventful.

    This approach continued through my college days. During this time, I was also introduced to the NCC, where I excelled in shooting and cooking—a unique combination. My school and college days were quite eventful and rewarding.

    Regarding my motivation to pursue law, I am a second-generation lawyer. I completed my graduation in computer science with a Bachelor of Computer Applications (BCA) and was set to pursue a Master of Computer Applications (MCA). However, there are certain commonalities between my personality and the legal profession. I am driven by intellectual challenges, which are inherent in law. I constantly seek opportunities for continuous learning and self-improvement, both personally and professionally. My fearless approach to dealing with issues, developed through my active participation in various activities, aligns well with the demands of the legal profession.

    When I seriously considered my career path, I realized that my personality and approach were naturally suited to law. Being a second-generation lawyer, I have always seen my father practicing this profession. He was a litigation lawyer and my role model, greatly influencing my life. His guidance helped solidify my decision to pursue law as a profession.

    What a beautiful story. And the way you have said that he is your role model, it seems that yes, he has paved your way towards greatness, I would say. That being said, when did you decide to establish Dhwaj and Associates? And how was the journey? And how has it been till now with all the challenges I’m pretty sure you must have faced after the inception? And how have you built a name for this particular association?

    I began my career as an in-house counsel with the Tata Group of Companies and the Bharti Group of Companies. After spending almost two years in these organizations, my journey with law firms began.

    I have worked for some of the leading law firms in the country, holding various positions from junior associate to partner and head of practice areas. The journey has been very interesting and rewarding, and I would even say very enjoyable. I don’t hesitate to say that law and the legal profession are my first loves. After serving in almost all positions that a law firm has to offer, I decided to establish my own firm, Dhwaj & Associates. I started as a solo practitioner, but I have been fortunate enough to have a team of highly competent lawyers.

    We currently have two offices: one in Delhi NCR and one in Bangalore. Having completed my first graduation in computer science and my second in law, technology and telecom law was a natural choice for me. Except for my first job with the Tata Group of Companies, I have always been in the telecom and IT space.

    When I set up Dhwaj & Associates, my initial idea was to create a boutique TMT law firm. However, I was fortunate to meet committed and dedicated people who helped transform it into a full-service law firm. Today, we operate as a full-service law firm from our offices in Noida and Bangalore.

    First of all, sir, congratulations on your achievements. I am confident that your success will continue to grow in leaps and bounds.

    You mentioned that law is the love of your life, and this passion has rewarded you greatly, particularly through your leadership in law and your support for AMTRON and the Ministry of Information Technology, Government of Assam. This is indeed a significant achievement.

    Could you please elaborate on your experience working on this project? How did you approach and manage the tasks, especially considering the involvement with the ministry? What strategies did you employ to overcome the obstacles you encountered while undertaking such significant work?

    Connecting with AMTRON was one of the best moments of my life. Receiving an award is a subsequent recognition of the work and effort put into developing and helping clients.

    My excitement has always come from connecting with people—helping, guiding, supporting, and handholding them in every possible way. I enable them to navigate the challenges of the legal profession and the transactions they are involved in, especially when they struggle to find legal solutions.

    Awards and recognition follow naturally. I have never been driven by them; instead, I have always been motivated by connecting with new people with the pure intention of helping them with all the skills I possess. Meeting with AMTRON was one of those memorable moments.

    I still remember being a speaker at a conference in Dubai related to the IT sector. This was over seven or eight years ago, and I spoke on the topic of interception, which was not a well-evolved concept in India at that time, particularly in the telecom sector. During that conference, I met the Managing Director of AMTRON, Assam Electronic Development Corporation Limited, which is wholly owned and controlled by the Government of Assam. He was the moderator of my session, and that’s how we got introduced.

    After returning to India, I received a call from his office. They needed a corporate lawyer who understood the telecom and IT sectors for a transaction. They believed I had the capability to assist them. I agreed, and thus began my journey with AMTRON. Initially, they engaged me for legal affairs, and later, they involved me in regulatory work as well. Eventually, I was entrusted with handling not only legal and regulatory matters but also their international domain.

    In terms of international work, I represent them in all overseas investments and incoming investments from abroad, taking care of legal documentation and actual representation.

    This introduction to AMTRON allowed me to apply my legal expertise to real-world challenges and deepened my understanding of the intersection between law, technology, and both domestic and international business operations. I gained insights into the perspectives of international businesses entering commercial relationships with state PSUs, their sentiments about India, and the challenges they face. This experience provided me with a broader perspective and reinforced my commitment to leveraging my legal skills for public service. It significantly boosted my professional credibility and visibility within the legal community.

    Listening to your story, it seems like your journey unfolded naturally, and you embraced it, ensuring your success along the way. It’s remarkable to see that, despite being a second-generation lawyer, you remain humble and openly acknowledge how opportunities came to you. Often, we encounter individuals who aren’t as forthcoming about their paths to success, especially in the legal profession.

    Your humility stands out and has undoubtedly served you well, particularly in a relatively new field like technology law. It’s impressive that, despite having a BCA and then transitioning into law, you chose to specialize in technology law and have excelled in it. However, it seems that this specialization isn’t very common in the Indian legal fraternity, and there’s a certain apprehension about it.

    With that in mind, could you please share with us how you started Dhwaj & Associates?

    I started Dhwaj & Associates recently. After completing my initial 2 years as an in-house counsel, I joined another law firm, which is now the largest law firm in the country. I have worked with several tier-one law firms throughout my career. After spending 15-16 years in the profession, I decided to set up my own firm, Dhwaj & Associates. So, it wasn’t immediately after my 2 years as an in-house counsel; I worked for various law firms for about 14-15 years after that. After gaining substantial experience both in India and overseas, I decided to establish my firm.

    Wow! Amazing, sir! Over your 18 years of experience with top-tier law firms, the Tata Group, and the Bharti Foundation, how have these roles shaped your thought process? When you started your law firm, there must have been something significant going on, as you mentioned you were a solo practitioner at the time.

    How did you find the courage to take that step? What advice would you give to those who are interested in following a similar path but feel scared or skeptical about achieving the same level of success and outreach that you have? How did you plan your journey?

    We would also appreciate it if you could provide us with a sort of roadmap, if possible.

    Sure, I’ll definitely try. First of all, I would like to start with a word of thanks to all my former employers who trusted me, gave me opportunities to perform, and provided platforms where I could develop both professionally and personally. My experience working as an in-house counsel and as a private practitioner with various law firms has been invaluable and has significantly shaped my professional outlook. For a legal professional working in a law firm, it is crucial to understand the client’s perspective.

    Coming from an in-house background helped me understand the pain points of business houses. It enabled me to step into the shoes of my clients and view the entire transaction or issue requiring legal help from their perspective.

    I firmly believe in the philosophy that a business lawyer must understand their client’s business. Without adequate understanding, one may not be able to provide viable business solutions. Most of the time, our solutions are not just legal opinions, legal memorandums, or research notes. They are also for the management, who often do not have a legal background. Therefore, it is crucial that a lawyer’s approach aligns closely with the management’s perspective for the legal opinion to make sense to them.

    Otherwise, these opinions are typically reviewed by in-house lawyers who then communicate them to the management. Thus, lawyers in law firms need to put in the effort to understand the client’s business, intentions, and pain points before starting any mandate or transaction.

    Before joining a law firm, I was part of an in-house team where I regularly interacted with the business team. This interaction allowed me the freedom to ask questions that helped me gain a better understanding of the business.

    I believe this understanding is vital for every corporate lawyer. One cannot start working on a document without understanding the business’s nature and the client’s intentions regarding a particular transaction. This sense of understanding, developed during my time as an in-house counsel, has been beneficial in my law firm journey and continues to help me today.

    This is the ethos I want to embed in the DNA of our firm, Dhwaj & Associates: to prioritize the client, to serve the client by first understanding them, their business, and their pain points. This understanding is a prerequisite before starting any work on a transaction.

    Your approach to establishing your firm and reputation over 18 years of practice demonstrates remarkable clarity.

    As an in-house counsel and now as a practitioner, you’ve witnessed significant changes in technology. Innovations like IoT, AI, cloud computing, drones, and online gaming have profoundly impacted our legal framework.

    Legislation is striving to accommodate these advancements. How do you approach these areas when clients seek your expertise, given that you practice in such a niche field, which is relatively new to many lawyers in India?

    New generation lawyers are eager to understand how you have made a name for yourself in this specialized field with such ease. Was it your technological understanding alone, or was it your unique approach to understanding and serving your clients’ needs? We would appreciate it if you could elaborate on these aspects.

    To be honest, I never thought about it until now. But since you’re raising this question, looking back, perhaps it’s a combination of a few things. One is definitely my understanding of the technology sector because I studied technology for about three years before taking up law. So, I have a solid foundation in the technology sector.

    Over time, I also developed the skill set of merging facts and client requirements with the legal and regulatory framework of the country. Until you understand the facts and properly align them with the applicable legal and regulatory framework, it’s difficult to come up with a clear, fair, and legally accepted solution for the client. So, I think it’s a combination of these three or four things.

    Now, addressing your query related to emerging technologies, I believe these emerging technologies, as you rightly said—IoT, cloud computing, online gaming, AI/ML, robotics—are significantly impacting the legal framework, creating both opportunities and challenges.

    These technologies raise new legal issues related to data privacy, cybersecurity, intellectual property rights (IPR), and regulatory compliances. They have opened up new avenues that the law must now accommodate in its overall approach.

    The advice I would like to offer is that it is crucial for everyone to stay informed. It’s also important to engage with industry bodies to understand not only technological developments but also the entire ecosystem around them, which includes the legal aspect. Engaging with professionals and experts is essential. Consulting with legal and industry experts helps understand the implications of new technology and ensures that the technology being implemented or introduced complies with existing legal and regulatory frameworks.

    Adopting industry best practices is also important, especially in areas like data security, data privacy, IPR, cybersecurity, and regulatory compliance. Proactive risk management should be considered, which includes engaging with experts to identify potential legal, financial, and operational risks as early as possible and developing robust strategies to mitigate these risks.

    By considering these steps, clients can navigate the complexities of emerging technologies and leverage the business opportunities these technologies can offer.

    Sir, like you agreed to keep abreast with the new upcoming legislations and the kind of news which we get every day. Recently we saw the enactment of the new Telecommunication Act 2023. How do you see the impact of this particular act on the telecom sector, and what kind of advice would you be offering the companies to navigate if possible in this new regulatory landscape, I’m pretty sure you must have gone through it very thoroughly and we would request you to give some insights about it as well?

    The new Telecommunications Act is a welcome development, as it replaces the outdated Telegraph Act that previously governed the telecom sector, including licensing for service providers. Enacted in December 2023, the new act received presidential assent and was published in the Official Gazette of India. On June 21, 2024, the government issued a notification partially implementing the act, putting 40 sections into effect. In this first phase, 39 sections of the act have been activated.

    One notable improvement in the new act is its extraterritorial applicability, which was absent in the previous framework. This provision, introduced for the first time in the Information Technology Act of 2000, now applies to the telecommunications sector as well. Under the new act, if a person commits an offense or contravention related to telecommunications services and networks while outside India, they can be held accountable under this act.

    Another significant feature of the new act is the framework for online dispute resolution. Additionally, it includes a comprehensive and evolved framework for penalties in cases of contravention. The act also does an excellent job of covering nearly all telecom-related activities, including secondary activities previously outside the scope of the old act. The previous regulatory framework had a gap between administrative regulation and technological advancement in the telecom sector. The new act aims to bridge this gap by encompassing recent technological developments and new services provided by the telecom sector.

    Overall, this is a positive step forward. I am hopeful that the government will soon issue a second notification to fully implement the act. This legislation not only benefits telecom service providers but also has provisions directly benefiting users, contributing to the overall development and improvement of the telecommunications sector in India.

    Hopefully, sir, we will see the entire act notified soon. Congratulations on starting this new initiative. As you mentioned on June 21st, it has come into effect with 39 sections.

    Now, shifting focus from your professional life, could you please share how you maintain a work-life balance? We would love to know how you find time for your hobbies or recreational activities, allowing yourself a mental break from the stress and creating a peaceful space for yourself.

    In my personal life, I consider myself very fortunate to have a loving and supportive family. This includes my wife, my sisters, my mother, and my children. I especially cherish the time I spend with my two sons, who are currently school-aged.

    They play a crucial role in maintaining my sense of balance and sanity. The legal profession is incredibly demanding, and the level of commitment required is exceptionally high. It’s nearly impossible to completely disconnect from work, especially when you hold the role of managing partner at a firm. This position involves not only ensuring the quality of client services but also overseeing the firm’s operations. You find yourself juggling a multitude of tasks related to client delivery, human resources, technology, and management, among others.

    Despite these challenges, I am grateful for the unwavering support of my family, the blessings I have received, and the joy my children bring to my life. Additionally, I have a passion for reading poetry, which adds another dimension of fulfilment to my life.

    Wow! So you practically enjoy all of your serious work as well as poetry along with your kids. You keep your sanity intact. Sir, all that being said, we had a wonderful journey with your interview. To its very end, I would request you to let us know about your plans for Dhwaj & Associates and how you foresee yourself progressing in the direction of making it more national and internationally renowned because that is something that I guess is very close to your heart. And the kind of firm services, that we see today, how are you going to have a little different aspect or approach towards it? We would request you to share if at all you wish.

    Yes, absolutely. Firstly, having been on both sides of the table, I have walked in the shoes of an employee, which gives me a deep understanding of their challenges and concerns.

    This experience has influenced my decision to adopt an institutional approach rather than an individual one in setting up this firm. To elaborate briefly, when I say “institutional approach” over “individual approach,” I mean that while I may not necessarily aspire to make this firm globally recognized, I am committed to working with global clients.

    Branding and establishing a name are not my primary concerns. Instead, I prefer to focus my energy on helping people. I firmly believe that success and achievement in this world come from connecting with a good set of people and developing the right skill set.

    If you are surrounded by capable, like-minded individuals and you have pure intentions along with the necessary skills, success and recognition will follow naturally. The key is to cultivate the right skills, adhere to ethical practices, and focus on the core values of the profession. The essence of this profession lies not in building a global brand but in serving the client. This is a customer-facing industry, where the client is paramount. By addressing their pain points and providing effective support, the clients will, in turn, help build the firm’s reputation.

    Therefore, my effort is not geared towards brand-building but towards creating a supportive institution. I aim to establish a firm that supports everyone associated with it, regardless of hierarchy. This is a people-focused firm. I emphasize to everyone working here that it is their firm and their office. Even if they move on to start their own practice, they are welcome to use our office space as their own.

    For me, it’s not about fancy infrastructure but about the people. I am dedicated to attracting and nurturing competent individuals with the right skills. My belief is that if we focus on having the right people and serving our clients effectively, the firm will naturally build its own brand.

    So ultimately you will be a brand courtesy to the clients that you will be serving. So Dhwaj & Associates is going to be a global brand and we wish you all the best for that. And thank you  for agreeing to meet with us sir, it has been a very humbling experience and a very beautiful interview. Thanks for sharing your insights about it. Thank you, sir.

    Get in touch with Gaurav Dhwaj-

  • “Focus on building a strong foundation by gaining practical experience and learning from every case and client interaction, proactive engagement and continuous learning are key.” – Juhi Chawla, Partner at Dua Associates

    “Focus on building a strong foundation by gaining practical experience and learning from every case and client interaction, proactive engagement and continuous learning are key.” – Juhi Chawla, Partner at Dua Associates

    This interview has been published by Namrata Singh and The SuperLawyer Team

    You’ve had a remarkable career spanning over a decade in Civil & Commercial Litigation, Arbitration, and Protection of Intellectual Properties. What initially drew you to pursue a career in law, particularly in these specialized areas?

    Reflecting on my journey, it’s incredible to see how far I’ve come since my early days. My interest in law began in an unconventional way. As a science student, I realized that engineering wasn’t my path, supported by my teacher’s advice to explore other options. This pivotal moment led me to law school, where I found myself torn between corporate law and litigation. Ultimately, my passion for the dynamic and strategic nature of litigation drew me in.

    During my time with Justice Rajiv Sahai Endlaw (Retd.), I had the privilege of observing numerous court proceedings. This experience deepened my appreciation for the intricacies of Civil & Commercial Litigation, Arbitration, and Intellectual Property laws. The strategic thinking required in these fields captivated me, particularly the dynamic nature of the work, which allows me to serve a diverse client base. Working on matters deeply entrenched in business operations demands meticulous examination, precise contract interpretation, and strategic planning. This complexity and the need to understand different business operations truly cemented my decision to specialize in these fields.

    My journey in litigation truly began when I found myself managing several matters in a litigation chamber. The immense challenge pushed me to my limits and beyond, but it also provided vast growth opportunities. Winning independent cases built my reputation and boosted my confidence.

    Joining Dua Associates marked a significant milestone in my career. Here, I found a place that resonated with my values and aspirations. Each dispute I handle presents unique challenges with intricate questions of fact and law. I thrive on the intellectual rigor required to navigate these complexities and derive immense satisfaction from crafting innovative legal solutions that align with my clients’ best interests.

    You’ve been involved in a wide range of high-stakes cases, from defending Fortune 500 companies to representing public sector undertakings. Could you share with us one of the most challenging cases you’ve handled and how you navigated through it?

    One of the most challenging cases I handled was defending a Fortune 500 company against an injury claim that arose from a chemical disaster. The brief provided in the case was very unique and extremely challenging, posing very peculiar factual and legal questions for determination—questions that had not been previously considered or dealt with. This one-of-a-kind case involved multiple jurisdictions, requiring an in-depth review and examination of a voluminous record dating back nearly three decades.

    The case also necessitated a thorough study and examination of key principles concerning jurisdictional arguments, particularly from the US standpoint. I played a key role in developing the strategy, coordinating with external counsels, and managing the litigation process. My approach was meticulous, ensuring that every detail was scrutinized and every possible defence explored.

    This experience taught me the importance of strategic planning and thorough preparation. Ultimately, our team secured a favourable outcome for the client, which is now one of the leading cases of the Constitution Bench of the Supreme Court. This outcome was a testament to our rigorous and coordinated efforts, and it reinforced my belief in the power of teamwork and meticulous legal strategy.

    Your profile highlights your involvement as Amicus Curiae with the NCDRC and your recommendation by Legal 500 Asia Pacific Guide. How have these experiences influenced your approach to legal practice and your career trajectory?

    Being appointed as Amicus Curiae by the NCDRC was a significant milestone in my career. Having the privilege of working on several consumer disputes, this appointment was a testament to my consistency before the forum. It allowed me to provide impartial advice and support on complex service-deficiency appeals, enhancing my understanding of consumer protection laws and judicial processes. This role honed my analytical skills and reinforced the importance of ethical practice. I hope to make a significant impact on consumer jurisprudence through my continued efforts in this area.

    Similarly, being recommended by the Legal 500 Asia Pacific Guide for ‘Dispute Resolution-Litigation’ was a recognition of my expertise and dedication. I am grateful for the springboard provided to me by SKV Associates and the platform Dua Associates, which have both played crucial roles in honing my skills. Recognition such as this helps enforce the belief in one’s abilities. But I firmly believe that wins, whether big or small, do not necessarily equate to favourable outcomes. Often, an acknowledgment from the presiding judge, adversary counsel, or positive client feedback can be equally gratifying.

    Dispute resolution often provides instant gratification, whether it comes from a favourable ruling or a simple nod of respect from peers and clients. These moments keep me motivated and committed to my work, driving me to pursue excellence and integrity in every case I handle.

    With such extensive exposure across different courts and tribunals in India, including the Supreme Court, what have been some of the key lessons you’ve learned about effective litigation management and strategy?

    One of the key lessons I’ve learned is the importance of preparation and adaptability. Effective litigation management requires a deep understanding of the case, meticulous preparation of evidence and arguments, and the ability to adjust strategies as proceedings develop. Collaboration with clients and colleagues is crucial to ensure all perspectives are considered and the team works cohesively.

    Being thorough with the facts is essential. Detailed notes and a list of important dates, especially in extensive briefs with multiple orders, assist in memory recall and guide the presentation of correct facts before the court. Clear and concise communication, written and oral is vital for presenting compelling arguments and ensuring the court understands the case’s nuances.

    Sound and comprehensive pleadings must be backed by thorough legal research. While legal arguments can evolve, their foundation should be in the pleadings. Pursuing litigation with vigilance and attention to detail is crucial, as some cases are won on finer points. It’s important to focus on research, know the case against you well, and be prepared to distinguish facts if necessary. Always run an authority check before citing cases.

    Strategically, it’s crucial not to lose sight of the long-term objective while pursuing interim reliefs. Always know the end goal from the client’s perspective while developing your strategy. Adapt strategies as proceedings develop, and don’t reveal all your arguments at once. Hold back some arguments for the right stage in the proceedings. Learn from setbacks and remain practical.

    These lessons have been instrumental in achieving favourable outcomes for my clients and have reinforced my commitment to excellence in litigation management and strategy

    You’ve also delved into trade remedy laws and anti-dumping investigations, securing significant outcomes for your clients. Can you explain the intricacies of these areas of law and how they impact your clients’ business operations?

    Trade remedy laws and anti-dumping investigations are critical for protecting domestic industries from unfair trade practices. These areas involve complex legal and economic analysis to determine whether imports are being dumped and causing injury to the domestic industry. This specialized field requires a deep understanding of legal frameworks and industry dynamics.

    Anti-dumping duties are imposed when foreign companies sell goods at prices lower than their home market or production cost. These duties typically last five years but can be extended or revised if a review investigation finds the conditions for duty imposition continue to exist.

    In any anti-dumping investigation, a proactive approach is essential for exporting companies to defend their interests, mitigate risks, and maintain their competitive position in the global marketplace. The concepts of dumping and injury are central to assessing the impact of imports on the domestic industry and determining the need for anti-dumping measures to restore fair competition and protect domestic producers.

    Dumping occurs when a foreign company sells its goods in an export market at a price below the price it charges in its home market or below the cost of production. “Injury” refers to the harm or adverse effects suffered by the domestic industry as a result of dumped imports. When determining whether to impose anti-dumping duties, the authority assesses whether the domestic industry has been materially injured or is threatened with material injury due to the dumped imports.

    To evaluate injury, the authority examines various economic parameters of the domestic industry, including production, sales, market share, and profitability. The third relevant criterion for recommending duty is the causal link between the dumped imports and the injury.

    My role involves representing clients in investigations, preparing detailed submissions, and regularly appearing before the authority. Favorable outcomes, such as duty waivers or reduced duties, significantly impact my clients’ business operations by protecting their market share and viability.

    Trade remedy investigations and appeals are not just about legal principles but also involve detailed facts, data analysis, and presentation. An in-depth understanding of production processes, industry-specific dynamics, and the ability to gather material information by closely working with clients on data assimilation and analysis is crucial.

    Being part of the actual investigation process provides an edge in cases where appeals are filed before competent Tribunals and higher courts. Navigating these intricacies demands meticulous legal and economic analysis, a thorough understanding of the client’s industry, and strategic thinking. By mastering these complexities, I have helped my clients achieve favorable outcomes and protect their business interests in a highly competitive global market.

    Transitioning from an Associate to a Partner at Dua Associates is a significant achievement. What advice would you give to young lawyers aspiring to advance their careers in law firms, especially in competitive fields like litigation and arbitration?

    For young lawyers, proactive engagement and continuous learning are key. To build expertise in your chosen field, dedicate yourself to tackling challenging cases and stay updated with the latest developments through regular reading. Take advantage of technology for efficient research even during court waiting time.

    Specialization is increasingly important today. Identify your area of interest early and seek mentorship from experienced colleagues. Stay current with legal trends and enhance your skills through practical experience. Consistency, a strong learning attitude, and initiative are vital.

    Networking and fostering professional relationships are equally critical. Showcase your value with consistent, high-quality work and reliability. Balancing professional growth with personal well-being ensures sustained success and fulfilment in your legal career.

    You’ve published articles on Intellectual Property Rights, Arbitration, and Trade Remedies Laws. How important has thought leadership and staying updated with legal developments been in shaping your professional journey?

    Thought leadership has been crucial to shaping my professional journey. Publishing articles on Intellectual Property Rights, Arbitration, and Trade Remedies Laws has kept me abreast of legal developments and enabled me to engage deeply with emerging trends in my fields of expertise. This commitment to staying informed allows me to provide cutting-edge advice and innovative solutions to complex legal challenges for my clients.

    Moreover, my thought leadership has cultivated a strong passion and enthusiasm for the intersection of technology and law. Areas such as data privacy, navigating challenges within current criminal laws in the context of artificial intelligence, responsible adoption and policy frameworks for AI, and the interplay between intellectual property and AI, including gaming laws, have become focal points of interest for me. This exploration fuels my continuous learning and enhances my ability to contribute meaningfully to the evolving legal landscape

    Finally, for fresh law graduates entering the legal profession today, what advice would you offer based on your own experiences and the evolving landscape of legal practice?

    To fresh law graduates, I would say that the legal profession offers immense opportunities for those who are passionate and dedicated. Focus on building a strong foundation by gaining practical experience and learning from every case and client interaction. Embrace the evolving landscape of legal practice, particularly the integration of technology and data analytics, which are becoming increasingly important. Develop strong research, analytical, and communication skills, and be open to continuous learning. Networking and building professional relationships will also play a crucial role in your career. Most importantly, uphold the highest standards of ethics and integrity, as these principles will guide you throughout your career. I’ve learned that success often arises from unexpected situations and that embracing change is a vital part of growth. To all the young lawyers and aspiring legal professionals out there, remember that your path may not always be clear, but every step forward, no matter how uncertain, is a step in the right direction. Embrace the challenges, seize the opportunities, and keep moving forward with unwavering determination. Your journey may surprise you in the most wonderful ways.

    Get in touch with Juhi Chawla-

  • “Develop a habit of continuous learning, establish a professional network and uphold high standards of integrity and ethics. These principles are crucial for success in the legal field.” – Nishant Menon, Senior Partner & Co- Founder at  SAMAGRA LAW

    “Develop a habit of continuous learning, establish a professional network and uphold high standards of integrity and ethics. These principles are crucial for success in the legal field.” – Nishant Menon, Senior Partner & Co- Founder at SAMAGRA LAW

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Can you walk us through your decision to study law? What inspired you to pursue a career in the legal field, and how did your time at Campus Law Center, University of Delhi, shape your outlook on the profession? What were some of the initial challenges you faced in launching your career, and how did you overcome them?

    Like many others, I too was uncertain about my career path, so I explored various fields. I had a background in science from school and pursued a Commerce degree in college. It was during this time that I discovered law, which sparked a deep interest in me. 

    My time at the Campus Law Center, University of Delhi, played a pivotal role in shaping my outlook on the legal profession. The dynamic environment, enriched by diverse peers, inspiring mentors, and numerous opportunities, fuelled my enthusiasm. The rigorous academic curriculum, combined with practical experiences, provided me with invaluable insights into the complexities of legal practice.

    Challenges that I Initially faced were transitioning from academia to professional practice, adapting to the practical demands of legal work, such as client interactions, case management, and navigating the intricacies of the legal system, which required a steep learning curve. However, I overcame these challenges through perseverance, continuous learning, and seeking guidance from experienced colleagues and mentors.

    In your experience, what are the most common misconceptions people have about arbitration, and how would you clarify them?

    Some common misconceptions about arbitration include that it is always faster and cheaper than litigation, that the arbitral awards are final and binding and hence cannot be appealed. Actually, arbitration can be more efficient, but not always. Although there are limited grounds for appealing a decision of the arbitrators, they can be set aside. 

    A common misconception that I often come across doubts the integrity of the arbitrators. I have always sought to reassure the clients that arbitrators are bound by strict ethical standards and the selection processes as provided in law ensures impartiality.

    What inspired you to co-found SAMAGRA LAW, and what unique value do you believe your firm brings to clients?

    While working at established firms has its merits, there’s a certain spark that comes with building something new. Perhaps that was my inspiration for Samagra Law to co-found a more dynamic and collaborative legal environment. A place where clients aren’t just cases, but partners in achieving their goals.

    Our team structure prioritizes a well-rounded approach. Senior partners with extensive experience bring a wealth of knowledge and strategic thinking. This, combined with a team of enthusiastic associates, fosters a blend of expertise and fresh perspectives.

    Outside of your professional life, what hobbies or interests do you pursue to maintain a balance? How do they contribute to your work-life balance?

    Balancing the demands of my legal career with personal interests can be quite challenging. Beyond my professional commitments, I prioritize reading and cherish quality time with my family, especially as a dedicated father and son to my aging parents and with childhood friends. While these roles occupy a substantial portion of my time, I also make sure to carve out time for reading, swimming and exercise.

    As someone who handles technically complex cases, what strategies do you employ to communicate effectively with clients who might not have a legal background?

    When dealing with technically complex cases, effective communication with clients who lack a legal background is essential. To ensure that clients understand the complexities of their cases without feeling overwhelmed, I make a conscious effort to use plain language instead of legal jargon. I break down complex legal concepts into clear and simple explanations and use relatable analogies or real-life examples to illustrate key points. Additionally, I actively listen to my clients to understand their concerns and questions, enabling me to tailor my explanations to their specific needs. I encourage clients to ask questions throughout our discussions to create an open dialogue where they feel comfortable seeking clarification on any aspect of their case. Regular updates on the progress of their case are provided in straightforward language to keep clients informed and reassured about the status and next steps. I approach each client interaction with empathy and patience, creating a supportive environment where clients feel empowered and informed. Managing expectations and providing realistic insights about case outcomes and the legal process helps foster trust and reduce anxiety. By implementing these strategies, my goal is to ensure that clients with limited legal knowledge feel informed, supported, and confident in their understanding of their cases and the legal strategies being pursued on their behalf.

    How do you envision the role of technology shaping the future of legal proceedings?

    Over the next few years, technology is poised to take legal proceedings to a whole different level. In my view, artificial intelligence will be vastly applied in legal research and review, which will really speed up the preparation stage of a case and involve reduced costs associated with case preparation. Virtual hearings—the creation of necessity throughout pandemics—will have become much more common, bringing improved accessibility and efficiency. Video conferencing and data analytics are going to further revolutionize courtrooms and litigation strategies. Blockchain technology could provide frontiers in smart contracts and secure document storage. We do, however, have to be very conscious of the challenges that are to be contended with, such as access to technology by all and efficient security and confidentiality processes in the legal proceedings.

    Reflecting on your early days in the legal profession, do you remember the first time you fought a case? Could you share with us some anecdotes or memorable moments that occurred in the courtroom during that experience?

    Yes, I do remember the first case that I fought in court. It was a civil suit filed by a vendor against my client, an automobile manufacturing company before the Agra district court. 

    An interesting anecdote, I used to be very curious every time I went to that court because the tablecloth on the judge’s table, which was white in color but the portion falling on the side where the lawyers used to stand and argue was varying shades of red. I couldn’t help but ask the court master about this and was most amused to hear from him that some of the local lawyers used to wipe their tobacco chewing mouths while making submissions before the court. 

    My opposite counsel was a veteran lawyer of the district court. He was somehow deeply impressed by my dedication to reach the court early in the morning on each date of hearing from Delhi as well as my research skills – citing relevant judgements before the court. I finally succeeded in getting the suit dismissed for lack of cause of action. I was pleasantly surprised when he congratulated me and wished me success in my career. Later, he recommended me to some of his colleagues for their cases before the NCDRC, which was really a sweet gesture from him. 

    With your background in aviation law and dispute resolution, how do you see the landscape evolving in the next decade, particularly in India?

    In the first place, I hope to see specialized tribunals in India at the national level, such as the HCAA in Europe, to deal with aviation-related disputes, therefore providing a forum possessing the necessary expertise in handling complex aviation cases.

    Arbitration is set to play an increasingly prominent role in resolving aviation disputes. It is uniquely suited to the aviation sector because it is fast, confidential, and expert-driven. We may see an increase in institutional rather than ad hoc arbitration to obtain greater consistency in results and to build up a jurisprudence of sorts.

    There is also a growing requirement for more global legislation and arbitration within aviation. Environmental considerations can easily be envisioned to feature largely in aviation law in the future. We are going to witness more sustainability- and reducing-emissions-centered rules and disputes in the near future.

    What advice would you give to young professionals aspiring to succeed in the legal field, especially in areas like litigation and arbitration?

    What I’d like to tell young professionals who want to excel at litigation and arbitration would be:

    • Develop a habit of continuous learning. Laws and regulations are constantly evolving, especially where the field is so dynamic.
    • Specialize in a niche area within litigation & arbitration, as that will further enhance career prospects by showcasing your expertise and differentiation. 
    • Establish a professional network. These are the relationships that will sustain you during your career with colleagues, mentors, and even opposing counsel.
    • Uphold high standards of integrity and ethics. Your character is your most valuable asset in the legal profession.

    In your role representing government regulatory agencies and advising aerospace companies on offset contracts and technology transfer, Please share with us what unique insights have you gained about the intersection of legal frameworks and the rapidly evolving aerospace industry?

    In my previous role, the interface with government regulatory agencies and aerospace companies provided me a vantage view of just how complex the intersection of legal frameworks and an evolving aerospace industry really is. This sector is controlled by a multi-faceted regulatory environment involving agencies like DGCA to AERA, coupled with multiple acts and policies. Consolidation is turning into a trend across global supply chains, driven by digitization and environmental factors. Such consolidation is producing new legal challenges and opportunities, especially within M&A activity, where due diligence is an increasingly important function. 

    Nishant, amidst your diverse legal expertise, is there a particular area of law that you’re especially passionate about or that resonates with you on a personal level? If so, could you share why it holds such significance for you?

    I was introduced to arbitration in 2002 or 2003 and since then my passion for the same has only increased. In subsequent years, I was fortunate enough to be part of domestic and international arbitrations, ad hoc & and institutional arbitrations where I represented foreign clients and sometimes the PSUs. I got to work with some of the finest arbitrators and arbitration expert lawyers. Not only that, it also gave me an opportunity to interact with engineers, IT experts, financial analysts and the valuable takeaways helped me in my future cases. 

    The reason that I like arbitration is that it not only involves months of hard work but also the strategy behind the constitution of the tribunal and the structuring of the claim statement or the statement of defense‌. Conducting cross examination of the opposition witness has always been an enjoyable experience. 

    Besides that, it is an extremely dynamic field where law is constantly evolving, be it by the legislature or the courts. There were also instances where we could not find helpful judicial precedents under the Indian law and therefore had to look at English and other jurisdictions. So, to be constantly updated on various aspects of arbitration is an intellectual challenge that constantly drives me to learn and improve.

    Get in touch with Nishant Menon-

  • “Two important values that I learned from my mother are the importance of hard work and maintaining one’s integrity. Both are crucial in assessing one’s self-worth.” – Nishant Datta, Founding Partner at D&T Juris

    “Two important values that I learned from my mother are the importance of hard work and maintaining one’s integrity. Both are crucial in assessing one’s self-worth.” – Nishant Datta, Founding Partner at D&T Juris

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Can you please introduce yourself to our readers? As a third-generation lawyer, how has your family legacy influenced your approach to the legal profession and your career choices? How did those early conversations about legal matters shape your understanding of the profession and its nuances?

    I am a third-generation lawyer, born in 1979 in New Delhi, and I recently completed twenty years of law practice. I completed my schooling at Hansraj Model School, New Delhi, in 1997, and thereafter had the privilege of attending Ramjas College, Delhi University, where I earned my Bachelor’s Degree in Commerce, B.Com (Hons), in 2000.

    While graduating, I considered various career options, including MBA and Chartered Accountancy. During this process, I discovered my acumen and passion for law and decided to pursue my LL. B degree from the Campus Law Centre, Faculty of Law, University of Delhi, which I completed in 2003.

    Additionally, I hold a postgraduate diploma in IPR Laws from the Indian Law Institute. I joined the bar in 2003 and began practicing at the High Court of Delhi in New Delhi, joining the family practice, which has now spanned more than 60 years. The practice was started by my grandfather, Mr. O.P. Dutta, and later joined by my father, Mr. Vinod Datta. My late mother, Dr. Savita Datta, was initially a lecturer who taught astrophysics, among other subjects, and went on to become the Principal of two colleges: Deshbandhu College and later Maitreyi College. She was my biggest source of inspiration and was appointed Director of the School of Open Learning, University of Delhi.

    My specialization lies in litigation and arbitration, with a particular focus on cases on the Original Side of the High Court of Delhi as well as in the newly introduced genre of commercial suits.

    I currently run two firms, each focusing on different practice areas within the wide genre of commercial laws, primarily before the Supreme Court of India, the High Court of Delhi, the National Company Law Tribunal, the National Consumer Disputes Redressal Commission, and other tribunals and commissions.

    After completing my law degree, although joining my family’s law practice was a readily available option, I chose to join an outside office to broaden my horizons. During this time, I had the opportunity to intern with a leading law practitioner of the High Court of Delhi. After spending two years in this office and learning the ropes, I joined my family’s law practice, working alongside my father and later my wife, Ruchita. Speaking of the family practice, it began with my grandfather, the late Mr. O.P. Dutta, who moved to India from what is now Pakistan. At the time of Partition, he had a family (wife and children) and was working in a job. While working, he began studying law, completed his degree, and commenced his legal career in the 1960s. My grandfather was primarily a criminal law practitioner, and a successful one at that. My father, the late Mr. Vinod Datta, enjoyed a blend of High Court cases (civil and public law) in addition to trial court-level practice of both civil and criminal cases.

    One of the biggest benefits of growing up in a family of lawyers is that you get to hear your elders talk shop in your younger days. Client handling, in terms of managing expectations and making full disclosures about cases, goes a long way in retaining long-term clients and maintaining fruitful and healthy professional relationships with them. However, the most important aspect of practicing law is to communicate well with clients. Client satisfaction, especially in the legal profession, is directly linked to managing client expectations and maintaining attorney-client communication. Making lofty and unfounded claims that are unlikely to be delivered will lead to a breach in the professional relationship with the client. Thus far, I have been able to fulfill my clients’ expectations and deliver the desired outcomes in almost all of my cases. Therefore, working in accordance with and within these parameters is what makes me stand out from the crowd.

    What inspired you to specialize in litigation and arbitration, particularly focusing on commercial law?

    To understand one’s inclination towards litigation in general, and commercial litigation and arbitration in particular, it is essential to appreciate what lies at its core: strategy. One must grasp the complexity of layers in intricate commercial disputes and formulate appropriate strategies and courses of action aligned with the desired outcomes, which may range from protecting intellectual property rights and preserving properties to handling purely ego-driven battles among rivals. It’s the thrill of the hunt. The early exposure to such discussions at home with my father, and the excitement he experienced in technical and complicated matters (which also came with bragging rights), made the lure of commercial law practice irresistible, and my professional journey has never been monotonous. There is another underlying reason that draws a person towards commercial law practice: with higher stakes and risks come better compensation for the counsel. This specialty, in addition to being the most exciting for me, also pays rather well.

    You’ve emphasized the importance of adopting technology in legal practice. How do you see technology shaping the future of law, and what role does it play in your firm’s operations?

    I believe in constantly innovating and adapting to the changing needs of the legal landscape. One of the key ways I have adopted an innovative approach is by embracing technology in my practice.

    From the early days of my practice, I have digitized my office, making us more efficient and effective in our work by adopting use of applications such as Manupatra, SCC online, Live Law, Bar & Bench and Provakil. I have taken my offices’ legal research capabilities and automation to the next level, we also subscribed to various websites which assist in AI based document drafting. This means we can quickly and easily access documents and information, reducing the time and effort required to complete tasks. I have always been ahead of my peers in adopting the latest technology and software for legal research and dictation in my office. This has helped us stay ahead of the curve and deliver superior service to our clients.

    Another way we have been innovative is by leveraging technology to stay connected with our clients during the COVID-19 pandemic. Despite the challenges posed by the pandemic, we were able to continue serving our clients without interruption by transitioning to virtual consultations and meetings, executing all our work from home using just our laptops.

    This ensured the safety of our clients and staff alike while providing even greater flexibility and accessibility to our clients.

    Given your commitment to providing pro bono and legal aid services, can you share a rewarding experience where your legal expertise made a significant difference in someone’s life?

    We understand the importance of giving back to the community, and we handle pro bono cases for clients who cannot afford to pay for legal services. We take pride in helping those who need legal assistance the most.

    Our commitment to providing fast, efficient, and effective legal solutions, mentoring young lawyers, and giving back to the community has made a positive impact on the industry. We will continue to strive for excellence and provide the best possible service to our clients.

    For young students aspiring to excel in litigation, what actionable steps or practices would you recommend they adopt to distinguish themselves and thrive in the competitive legal landscape?

    The first and most important aspect that young students must understand is that excelling in litigation takes time and tremendous effort. The usual speech that law students get to hear about the three Ps (Patience, Perseverance and Persistence) is spot on. There has to be constant endeavour not only to outdo yourself more than your peers. One thing I picked up on early in my career was that stagnation is the enemy of growth and this encouraged me to handle and pursue litigation in various industries and sectors instead of limiting myself early on in my career to one forum or speciality. Today’s litigation landscape is constantly evolving at a rapid pace, I cannot emphasize enough the importance of being well-acquainted with technological advancements in the legal sphere and the need to adapt and stay ahead of the curve. Consequently, young lawyers must divert their time and energy to pursuing online and certification courses on diverse topics especially in the first ten years of their career.

    Beyond your legal career, you’ve mentioned your mother’s influence and her achievements in academia. How has her legacy impacted your personal values and approach to life?

    My mother was perhaps the hardest-working person I have ever known. Two important values that I learned from her are the importance of hard work and maintaining one’s integrity. Both are crucial in assessing one’s self-worth. In simple terms, being able to look at yourself in the mirror and feel confident and proud only comes from these virtues.

    Get in touch with Nishant Datta-

  • “What doesn’t kill you, makes you stronger,’ made me stronger to face the hardships the life of a Lawyer would bring upon.” – Navod Prasannan, Partner (LITIGATION) at KRIA Law.

    “What doesn’t kill you, makes you stronger,’ made me stronger to face the hardships the life of a Lawyer would bring upon.” – Navod Prasannan, Partner (LITIGATION) at KRIA Law.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    You initially pursued a Bachelor’s in Business Management before shifting to law. What motivated you to transition from BBA to LLB,  Can you share how your journey began, including any mentors or specific experiences during your education at College that significantly influenced your career path? 

    The transition was not voluntary and Hon’ble Supreme Court had a major role to play in it.

    In 2003, between the choice of joining National University of Advanced Legal Studies, in Kerala, and ICFAI LAW School, although I hailed from Kerala, I choose to join ICFAI LAW School for B.B.M LL.B. (Hons) at it Hyderabad Campus. The primary reason for choosing to join ICFAI LAW School was being allured by the course content and teaching methodology, advertised in the brochure then, was very promising. The principle ‘Caveat Emptor’ was taught by life example by ICFAI then. Before completion of the 2nd year, in 2005, it was informed that the B.B.M and LL. B degree of the College which was affiliated under Chhattisgarh Private Sector University Act, 2002, was struck down as unconstitutional by Hon’ble Supreme Court and that the batch of ours could not be continued. It had come to almost an existential crisis that not only two years of college life is lost, probably a career in law was never going to be there.

    It was after a lot of talks with the College Authorities, solutions emerged and it was offered that we complete the last year of Graduation at the Dehradun Campus of ICFAI University and will be conferred with B.B.A degree and thereafter whoever was interested to pursue M.B.A, would be given lateral admission to M.B.A degree to the ICFAI Colleges and whosoever was interested to pursue law could pursue law from Colleges of their Choice. Although distraught, accepting the offered solution, we went to Dehradun. Undeterred to the dream of being a lawyer, pursuant to final exam, I applied to ILS Law College, Pune and Campus Law Centre, Delhi. Until I secured admission, I moved to Delhi and started working with IBM and later at Convergys (BPO Sector). Working in the BPO sector, improved my communication skills and during the training period, befriended and met a lot of interesting individuals. Spending time with people and understanding their nature, especially from different parts of India, the discussions on various topics improved my perspective on how to narrate the facts and impress upon it. These discussions, had later, came to be of use while drafting Plaints and Petitions and while arguing cases.

    I was able to secure my admission in ILS Law College, Pune (2006-09) for three-year course. I was staying in an apartment next to ILS Law College where the other roommates were from Symbiosis Law College including my dear friend Advocate Rony John. Most of my dear friends among the legal fraternity were formed here. The apartment used to house at time more than 30 college students. We had a library with the discarded books of the roommates who left for jobs after the final year college. The apartment was first choice among many students for preparing moot court memorials and research. More law was learnt during the discussions in the apartment with friends who were preparing for moot courts.

    During my three-year law course, much to various other factors shaping my decision, I was lured to attempt the Civil Service Examination. After my final examinations in 2009, I shifted back to Delhi for preparing Civil Service Examination. Thrice I cleared preliminary examination, but could not clear Mains Examination. After 2012 Mains attempt which I wrote in Kerala, while waiting for the results, I applied with M/s Menon and Pai Advocates in Ernakulam for the post of Associate Lawyer. The aspirant in me knew there was no further aspiration to attempt once more if I don’t clear the Mains. It was time to adorn the black gown.

    I had applied with M/s Menon and Pai Advocates around September, 2012 and my confirmation came in December, 2012. For around two months I was attached with Chambers of Advocate K.S Babu at Ernakulam. Adv K.S Babu Sir’s son, Advocate Babu Shankar, was a dear friend and being absolutely new to Court practices, I was introduced to trial court practice. Representing during roll call is an art in itself and I learnt how to submit during roll calls and obtain adjournments and even ensure adjournment requests by opposite side lawyers are not acceded by the presiding Judge stating the urgency in the case. In fact, the office Clerk Mr. Murali encouraged me to take representation chits from other offices too and make as much representations as possible so as to gain experience, acquaint with other fellow lawyers and be a known face in the Court.

    Upon joining M/s Menon and Pai Advocates, I started initially with the High Court practice, primarily Writ Courts, then moving on to Labour Law practice. I had the opportunity to appear before Assistant and Regional Provident Fund Commissioners, Authorities under the ESI Act, EPF Appellate Tribunal Camp Sitting in Kozhikode, Labour Courts at Kollam, Ernakulam, Kozhikode and Kannur, Industrial Tribunals at Trivandrum, Kollam, Idukki, Alappuzha, Palakkad, Kozhikode, Statutory Authorities under the Payment of Wages Act, Bonus Act, Minimum Wages Act and also under Industrial Disputes Act. Cross examination of Claimant and Claimant witness and cross examining the statutory officials, was enriching experience to prep myself for the in depth trial court practice on the Civil side in the years to come. Around 2015, at my instance, I shifted internally within the firm into Civil practice. It is during this tenure, I jumped into the deep waters of Civil law practice starting my tryst with Civil Procedure Code, 1908. I was also fortunate to associate myself on drafting Plaints and Written statements in Original suits; Writ Petitions and counter affidavits in Writ matter; First Appeals from Orders against Interlocutory orders in Original suits, Appeals from Final decrees, Second Appeals from First Appeal Orders; Claim petitions and Defence statements in Arbitration matters; Versions on behalf of Opposite party in Consumer matters. The Pleadings and nature and style of drafting each, are not only different and has to be structured differently according to each Court and sometimes according to the presiding judges. I was fortunate to have my drafts corrected by Senior Partners of Menon and Pai – Justice Jaishankar Nambiar Sir (High Court of Kerala), Justice Gopinath Menon Sir (High Court of Kerala), Senior Advocate E K Nandakumar, Advocate Gopikrishnan Nambiar Sir, Senior Advocate Benny P Thomas Sir (now Senior Partner with Thomas and Thomas Associates), Advocate John Mathai Sir, Advocate Joson Manavalan Sir. What has to be said, how it has to be said and where it should be said are the hallmarks in pleading. I learnt the same and even understood the nuances of how different the pleadings are in Original Suit vis- a-vis Writ Petition, between Claim Petition in an Arbitration and Original Suit for Specific Performance, between Appeal suits and Writ Appeals etc. during my practice at M/s Menon and Pai Advocates.

    The journey took me from Kerala to Hyderabad to Dehradun to Delhi to Pune and then back to Delhi and later back to Kerala. The journey although was strewn with hardships, existential crisis at times including closing down of the College I had enrolled with; the people I met at the cross roads of the journey, the problems and how the solutions came across in life, looking aback, prepped me for the life ahead. The hardships were definitely rewarding and as its goes, “What doesn’t kill you, makes you stronger”, made me stronger to face the hardships the life of a Lawyer would bring upon.

    Having represented clients in more than 400 litigations since 2017, can you discuss one particularly challenging case and the insights you gained from it?

    Being a first generation lawyer, I could never conjure the courage to start my independent chamber practice. Dear friend of mine, Advocate Krishnamohan Menon, inspired me to take the first step. Even if abject poverty could become the outcome, the hunger to practice law with one’s own clientele, was alluring to start independent chamber practice. Another dear friend of mine, Advocate Unni Kappen, offered to share space in his Chamber and thus was born M/s Navodaya Law Solutions in March, 2017. My first work was to draft a Memorandum of Understanding for a purchase of a property. This drafting was done by me carefully wording the clauses. I was fortunate to have drafted and vetted several agreements on behalf of M/s BPCL and M/s Symega Food Ingredients Ltd among many other clients, that Contract drafting and its nuances was taught during my discussion with the senior officials of the respective companies. Mr. Venugopal (Retired Senior Legal Manager) of BPCL and Mr. Mathews Jacob (Retired -CFO- Symega Food Ingredients Ltd) have been instrumental in helping me understanding the nuances of the Contract drafting. These skills came to help in drafting the MOU, which when later had ended up as a land grabbing case by impersonating my client and executing the Sale Deed, I was fortunate to have the confidence of my Client who in spite of being advised to engage a Senior Counsel, entrusted the brief with me and I was able to get the land grabbing undone, the registered documents declared as forged and the revenue records rectified. An act of registration of sale deed by impersonation amounts to an act of fraud. I was able to advise my client, not to resort to the remedial course of Civil Court declaration and injunction simpliciter, but approach the Inspector General of Registration (IGR) for setting aside the document. The land grabbers had grabbed not only my Clients property but also adjoining properties of the relatives of my Clients. While they were suggested by their respective counsels to move the Civil Court and had instituted Original Suits after remitting hefty Court fees, I moved the IGR for cancellation of the deeds and also moved the High Court to direct the sub registrar to not permit any further conveyancing of the disputed property until IGR decided my application. High Court was pleased to issue the directions and also directed IGR to consider my application at the earliest.  Finally, IGR was able to ascertain that the Sale deed was registered by an act of impersonation and the sale deeds were cancelled. The clauses of the Agreement were also tested by both Civil Court (in Suit for Specific Performance filed by Land grabbers) and High Court for whether the land grabbers had a charge on account of advance payment and were entitled for prayer of specific performance. I was able to convince the Court that charge was not possible as the clause was clearly worded that Advance payment was not refundable if the sale was not completed at the instance of the purchasers. As the purchasers, admittedly committed the act of land grabbing, there is not possibility of the proceeding with the sale, and therefore, the Advance amounts being not refundable, the charge on the property was not possible and the specific performance was not possible.

    The challenge in the entire proceedings was that the land grabbers were politically connected and the police authorities were completely hesitant to act. The complaints before police authorities were on the garb of investigation moving at a snail’s pace, I had to think out of box and invoke the High Court’s writ jurisdiction to ensure that the further conveyancing of the property was not undertaken, albeit the same even if registered may have no validity in the eyes of the law, a further transaction would bring in more respondents to the proceedings and therefore further time spend on that. The lessons learnt from my Seniors and practice at M/s Menon and Pai Advocates, helped to me use statutory remedy for cancellation of sale deed than approaching a civil court for declaration and invoking High Court for interim remedy. This act and course of action, adopted, proved to be successful and the entire course of proceedings culminated in less than a year.

    I was also fortunate to be the lead Petitioner Counsel in the issue of Director Disqualification wherein I had filed 100 plus writ petitions on behalf of 100 plus directors of various companies challenging the acti of disqualifying the Directors from acting as Directors of their Companies for five years and was also the lead Petitioner Counsel for candidates who failed in the Review Medical Examination in Combined Examination for Assam rifles and CAPFs. At both occasions, without engaging Senior Counsel, clients had entrusted the matters to me to argue before the High Court, in spite of the stakes involved. I have been also glad that I have always been approached by Lawyers to be handed briefs as I had varied experience in handling matters arising from Arbitration, Intellectual property Law, Labour, Electricity, Consumer, White Collar crime, Company and Insolvency, Securitisation etc. and roughly 40 percent of my cases are Lawyers briefs in my practice at Kerala. I will always recommend that if one can burn the midnight oil, and conduct your cases diligently, you will also be engaged by fellow lawyers to conduct their briefs and this will cement your belief, yes one is moving in the right direction. I would also say, do have the courage to refer mattes to fellow Advocates who have better experience in the subject area so that you do justice to your Client and learn in the process too.

    Over the years, you’ve handled numerous arbitration cases, including high-stakes ones like the Tamil Nadu PWD appeal, which had a significant impact. Can you elaborate on how your approach to arbitration has evolved throughout your career? What specific strategies or methodologies have you developed, and how do you ensure you remain at the forefront of arbitration practices?    

    My tryst with Arbitration Laws started while assisting Advocate Joson Manavalan Sir in Arbitrations. Arbitration resolves disputes, primarily, based on what documented right or obligation has been vitiated and therefore the game is won based on documents. The art of pleading has to more to do with art of pleading the documents. If by documentary evidence, one can substantiate the award can be granted, then the Arbitration is won before it has been awarded. However, if the documents are not a clear winner, then it will all rest on the cross examination and arguments. The art of preparing the Defence Statement in Arbitration is another skill altogether. The difference between Defence statement in Arbitration and written statement in an original suit are two different pleading styles. While at first blush, one would think aint it all a game of denial, however, the art of denial is different in both. While Civil Procedure Code, 1908, clarifies the nature of denial in written statement, denial in defence statement are governed by terms of contract, procedure of the Arbitral Tribunal e.t.c. In arbitration, the Claimant and the Respondent being parties to most of the documents, the defence lawyer has relatively a tougher role to play pleading that the Claimants prayers are to be rejected inspite of admission of documents.

    Time and ease of procedure is what attracts the litigants to Arbitration. My approach has been to advise the Client from the time of drafting the Arbitration Clause into the Agreement, including the number of arbitrators, timelines, interest payable, capping of Arbitrator fees etc, the issuance of section 21 notice and the disputes clearly stated in them, filing of Section 9 Application and Section 11 Application. Preferably, prepare the Claim Statement and Section 17 Applications, if any, and file it on the first sitting, thereby cutting timelines for a speedy culmination of proceedings, if appearing on behalf of the Respondent, file section 16 Application, study the documents threadbare, preparing for the cross examinations and be ready for the hearing without taking adjournments. I have not developed any methodologies separately for Arbitration, except the study of documents. Its interesting to see what a documents offers as aid when the documents are examined and re-examined multiple times.

    The only way to ensure to remain at the forefront of Arbitration is to update on daily basis the interesting developments in the field of Arbitration law. High Courts are competitively coming out with judgements and interpretations in the field of Arbitration Law and there is never a dull day in the evolving of Arbitration law. Although judicial review has steadfastly attempted to apply the pigeon hole theory and thereby let the sanctity of the Award and the Arbitrators application of facts remain paramount, arbitration is evolving and has unfortunately evolved to absorb all lacunae’s of civil litigation. Throw in the whims and fancies of the Arbitrator, at times, Arbitration stands on the threshold of losing its importance to Mediation. The recent choice of Central Government not to have Arbitration for disputes above 10 crores and above is a clear sign of the weariness of the system of Arbitration has evolved into. If Central Government directs officials to resort to Mediation for disputes above 10 crores, then is time the stakeholders in Arbitration learns how to skim and streamline the present Arbitration process.

    Right from appointment of Arbitration under Section 11, the Arbitral Tribunal, if consisting of three Arbitrators, convening and completing the proceedings therein, moving to Section 34 Challenge of Award and Section 37 Appeal results in years of time spend in Arbitration and Court proceedings. A contractor who has not been paid, invoked Arbitration and even after obtaining the Arbitration Award does not see the awarded amounts, will have no use when the money is ultimately paid after 7 to 8 years.

    Arbitration Act ought to have a major overhaul to ensure Arbitration achieves what it promised to achieve i.e., speedy and less expensive dispute resolution process compared to Civil Courts, generally tedious and expensive dispute resolution process. However, with Commercial Courts functioning with strict timelines, summary judgement in commercial suits being pronounced much faster compared to the timeline an Arbitral tribunal culminates its proceedings by issuing the Award, it is time for stakeholders and Advocates ‘of’ Arbitration and ‘in’ Arbitration to introspect.

    White-collar crime cases often involve intricate financial transactions, regulatory compliance issues, and complex legal frameworks. Could you elaborate on the unique challenges these cases present, and how your approach navigates these complexities to ensure effective representation for your clients?  

    White Collar crimes stands elusive as a niche area of practice as it involves intricate financial transactions, regulatory compliance issues, and complex legal frameworks. However, as its nothing complex compares to Rocket science, one will need ardent interest to learn the subject, patience to review the document multiple times, threadbare understanding of the technicalities with the help of the subject expert and ability to understand the loopholes. Every Criminal proceedings needs the Advocate to obtain first if possible anticipatory bail, otherwise, custodial bail, interim reliefs during the time at the jail, quash of the complaint or proceedings or FIR or chargesheet, conduct of trial and final hearing. A thorough understanding of the criminal procedure code and the statutory provisions relating to the offence, is key to undertaking the brief. There are certain provisions that without being aware if one undertakes a brief, and not taking recourse to the non compliance of the provision which necessitates grant of bail, are unpardonable mistakes being committed at the cost of the liberty and life of the Accused.

    As I said, this field of Law only needs us to be thorough on facts and law in relation to the brief. It wouldn’t take aeons to achieve this optimality to undertake the brief, but anything less would ensure the Accused would spend donkey years in prison.

    I have been fortunate to have been guided in defending my Clients under the tutelage of Senior Advocate Raman Pillai, from whom I learnt how to traverse the complex technicalities. I was initially not well versed with the complexity in white collar crime. It took dedicated reading and was able to defend and also presently defending my clients alleged scams over several hundred crores. The proceedings being sub-judice, it will be best I leave the facts arising out of it from my answer herein.

    What I have learnt is again threadbare reading of the documents filed by the Police. The eye has to be trained to see the chinks in the FIR, Charge sheet, mahazaar, arrest memo etc. There are mistakes committed by Magistrate Courts too while issuing directions to register FIR. Once these are identified, then ‘go for the kill’ is the best expression I could say. But knowing what it is, is the key. Its need several years of practice and attending Court proceedings on a regular basis.

    How do you manage to balance your extensive litigation work across various courts and tribunals in both Kerala and Tamil Nadu?  

    Over the period of years, I was concentrating my practice around commercial law. Due to various factors including geo-political handicaps, the nature, complexity and variety of Commercial litigations that I could undertake were limited in Kerala. I felt, the my knowledge and depth in practice was getting stagnated and not feeling challenged about the litigations I was being handedover.  The neighbouring state, Tamil Nadu, in my observation was having the Appellate Tribunals NCLAT and DRAT; National Green Tribunal for South India. The Principal Bench of High Court at Madras had Original side jurisdiction and that attracted me further to watch the proceedings online during Covid lockdown.

    While I did not want to go back to Delhi to further enhance my practice areas, I thought it is best to take a risk to move to Chennai and see if I can make it work. Strong personal reasons too conspired the decision, and I was fortunate to connect with Advocate Thomas T Jacob of M/s Thomas And Associates, Anna Nagar, Chennai through my dear friend Advocate Krishmohan Menon, and was offered to be the Partner, Practice Head-Litigation. It was interesting to learn Letters Patent Act, 1970 and Original Side Rules, 1994 among others to learn about Madras High Court. Although the risk was high in losing out practice in Kerala by moving to Chennai, I was sure of myself that I will be able to make it. I was given several examples of people who attempted this and had to go back. It gave me all the more reasons to go all guns ablaze. In the very first year, I was able to appear before NCLT Chennai, NCLAT, DRT Chennai and DRAT, NGT, High Court, Subordinate Courts initially through matters of M/s Thomas And Associates and slowly briefs were entrusted to me from the brother lawyers. I had quit M/s Thomas And Associates in the month December, 2023 and was Independently practicing.

    I was fortunate to meet Advocate Jacob Kurian, Senior Partner, KRIA Law, through a business platform, and an expression of interest to join KRIA LAW was offered to me. After discussions with Advocate M.S. Bharath, Founder and Senior Partner, KRIA Law, and Advocate Jacob Kurian, in the month of April, 2024, I joined M/s KRIA LAW as its Partner (Litigation) and merged my practice with KRIA Law.

    I manage both the works at Kerala and Tamil Nadu through KRIA Law. KRIA Law has a very structured litigation handling process put in by Advocate M.S. Bharath and the young lot at the firm are very enthusiastic and its through them I now handle the litigations and Clients of Kerala. The video conferencing and option to reach Kerala by air travel within hours makes it easy to handle the work and Clientele.

    As a lawyer, my experiences till date, since moving to Chennai in 2022 has been enriching, daunting and was naturally filled with struggles. I believe, struggles are a constant part of life. Either you create struggles in your life or life will create struggles for you. When you choose your struggles, you have an option to traverse it at your wish and will. Growth follows struggle. Hence, Iam of the opinion, choose your struggles, before life chooses one for you.

    Outside of your legal practice, do you have any hobbies or interests that help you maintain a work-life balance?

    I have a very rewarding sedentary life which gives me ample time to do more work. I am made to understand that will not fly for long. Hence, apart from my only interest of reading books, I have started on certain other interests. But it’s too early to say, where that road leads.

    It’s necessary to have work-life balance. The latest trend being work life integration. I am working towards it. I try to engage myself and spend more time at home on Saturdays and Sundays, and I would not want to be preaching when I have not practiced it, but can definitely say, if the balance/integration is not stable, the repercussions arising out of it makes the heavy work life not worth it. Hence, I would offer as my suggestion, work optimally but live fuller.

    What advice would you give to young lawyers who aspire to have a diverse and impactful career like yours?  

    Diverse Yes, but ‘Impactful career like mine’ is far-fetched, I have just scratched the surface. Dedication and loyalty to the brief, if not to your office; determination and mind set to Grit to traverse through office politics, complaining seniors and irritated judges and sly opposite side lawyers. One of the best quote to know is “your client is your first enemy”. A wrong order will make the Client to go bonkers on you. Hence loyalty to the Client, I would advise is not the right option, loyalty to the brief is what I suggest. Even if the Client irritates you, ignore it, concentrate on the brief. The brief has found its way into your hands, therefore treat it and take care of it with all your wits and determination. Think out of the box and don’t rely on judgements. Have original thoughts and read statutes on the issue of law than trying to find answers to issues of law through judgements. Calm your nerves when Judges are not ready to hear you, understand that they might be having a reason to react. Find that out and resolve it rather than simmering over why you were treated that way.

    Invest in Books, invest in yourself. Travel destinations, expensive wines and watches will always be there. Work hard and it will find its way to you than you finding your ways to it.

    You’ve represented high-profile clients like SONY and Makemytrip in consumer forums. What strategies did you employ to ensure the best outcome for your client, and what lessons did you learn from the experience that have influenced your approach in subsequent consumer protection cases?

    SONY was not a direct client and I was handed the work by Advocate Rajat from Delhi. Consumer cases are mostly skewed in favour of Complainant. Opposite party should be ready to take the beating. Its by raising technical issues, you win consumer litigations in favour of opposite party. Makemytrip matter was also engaged by a counsel Advocate Afif. In that matter, I had cross examined the Complaint on the issue of maintainability as the Complaint was filed in Ernakulam CDRF and the territorial jurisdiction, according to me ought to be in Thrissur CRDF. It was admitted by the Complaint that the booking was made by the Complainant while he was in Thrissur and therefore no cause of action arose in Ernkualam to institute the Complaint. I had to cross examine and bring out the fact that by making the witness affirm the time he took for driving from Ernakulam to Wayanad and the booking time shown in the map would place him further from Ernakulam and more in or around Thrissur, calculating the time he reached the hotel where the deficiency of service was alleged. The questions on time forced the answer.

    While at M/s Menon and Pai Advocates, I was representing Corporate Entities mostly Builders, FMCG companies etc. The cases are defended mostly on technical grounds and if the deficiencies are quite evident, reliance on the documents was paramount. It was after starting Independent practice, I was filing complaints for consumers. The learning curve was good as after having defended Corporate entities, I was mostly aware of the grounds that will be taken and while drafting the Complaint I didnt leave any chance for that to be taken as a ground to reject the Complaint.

    In Consumer matters and even in any other matter, the search for details among the documents and the relief prayed are important to assess the course of the litigation. If the documents do not clear the path to favourable judgement, then cross examination of the witness is the key. Understanding the witness and knowing when to crack the witness are key traits one picks by diligently assisting Seniors and watching cross examination of good lawyers.

    Strategies always depends from case to case. I try not to leave the outcome of the litigation to luck. If I lose a matter, I should be able to say I did my best and no other lawyer could have done any better. Otherwise, the Client would have been wrong in choosing you. That fear drives me to work diligently on the file. There are certain approaches I do employ on being presented with a brief. But its mostly case to case. One should know whether being offensive or defensive and when to be evasive. These nuances, form as though process by working on briefs under guidance of seniors and later on ones on briefs not for the financial benefits but for the value the profession wishes to render to the society. As lawyer, especially trial lawyers, we forge history in the courtrooms and the black gown gives us that power. When you have a stake in creating history, better be prepared to adorn that black gown with dignity.

    What skills does your firm look for when selecting interns, and how did your own internship experience shape your professional development?  

    I had done a two month’s internship in the year 2005, with the Chambers of Advocate Challa Kodanda Ram (who was later designated as Senior Advocate and then elevated as High Court Justice). I was sole intern to nearly twelve plus lawyers, where I was assigned research works, drafting work, make notes of cases in which Challa Kodanda Ram Sir had appeared and was reported in the Law journals. The notes of the cases were completely handwritten and went in two volumes. The arduous task multi-tasking between the research and drafting for all the lawyers single handedly, not having a laptop then, and not being in a position to carry office files to hostel, leading to me taking permission and staying late in the office, resulting me in sleeping in the office and waking early to go to hostel and reach office to brief Advocates of the research done and the drafts corrected. I ended up also drafting a Writ Petition in its entirety under the guidance of Challa Kodanda Ram Sir. Presently Senior Advocate, Mr Vikram Posserla, who was then attached to the office then, was the main Advocate I was reporting to. I learnt a lot of Vikram Sir, who had openly told me that he will make the internship hard enough for me and told me to be ready to go through it. True to his words, Vikram Sir used to ensure that Iam given work load of two days to be completed in a day and ensured that before leaving, ask me the status. It was then when after struggling and coping with the pressure, Vikram Sir had ensured that I was ready to be a Litigating Lawyer. The Chambers of Challa Kodanda Ram Sir was practicing in almost every area of law possible and therefore I was introduced to almost every area of law including the Subordinate Courts functioning and High Court. I stand heavily indebted to Challa Kodanda Ram Sir, Vikram Sir and the lawyers present there then in introducing me to the world of Litigation and giving first-hand experience.

    The only skill I look for an intern is the mindset to take the tasks head on and work on it. Figure things out and reach out when they hit the wall. Interns should realise that whatever work given will always be beyond them, but as per the lawyer what they should be ready to explore. Attempt it with full heart and the intern will see how enriching and rewarding will be their efforts. There are time Interns stumble upon certain judgements for a hearing and it becomes useful for the Lawyer. Sometime a third perspective comes from the intern in the issue of law being researched upon. Enjoy and value your Internship time is what I would advise Interns. Keep your statues closely, read them and acquaint yourself with law. You will see its benefits later.

    Get in touch with Navod Prasannan–

  • “Continuous legal updates and the empowering ability to make firm decisions were the most   effective strategies that contributed to my personal growth in becoming a partner and leading my practice areas.” – N. Raja Singh, Partner at UKCA & Partners LLP

    “Continuous legal updates and the empowering ability to make firm decisions were the most   effective strategies that contributed to my personal growth in becoming a partner and leading my practice areas.” – N. Raja Singh, Partner at UKCA & Partners LLP

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Mr. Singh, can you please share with us how you began your career in corporate and commercial law and the journey that led you to become a partner at UKCA & Partners LLP? Please allow us to walk you through your journey from choosing law as a career to being a partner.

    I have had a delightful journey to read law and an arduous hike in my career until I made Partner at UKCA and Partners LLP. My dream to become a lawyer started in school when my teacher advised me to study political science to become a good lawyer. 

    In 1999, I embarked on a five-year integrated BA LLB (Hons) course. My professor, who taught me contract and company laws, highlighted the importance of and encouraged me to take up commercial and corporate law practice in Delhi. This set the course for my choices in law. 

    Post-graduation, I had the opportunity to practice under the mentorship of Dr. U.K. Chaudhary, Senior Advocate and founder of UKCA. Initially, I had to work hard to understand the jargon of commercial and corporate laws. With sincerity and hard work to cope with the pressure and deadlines, I learned the ropes. 

    As a mentor and guide to young lawyers, what specific qualities do you believe are essential for a successful career in law, and how do you nurture these qualities in your mentees?  

    One of the most rewarding aspects of my journey is the opportunity to guide and mentor many junior lawyers, helping them navigate the complexities of the legal field and develop their organizational skills. I am particularly drawn to the potential and dynamism of young lawyers. The key qualities for a successful legal career, as I have learned, includes a profound understanding of case facts, the ability to draft and interpret legal provisions, and the skill to construct a robust case or defence. As a mentor and guide, I engage young lawyers in reading the case files multiple times until the facts become second nature to them. When they come to brief me on the facts, I often find that they need to read the case file more thoroughly. This is when I read along with them, ensuring they understand the facts. I then guide them in applying the facts to the legal issues, navigating the various aspects of legal intricacy involved in the case. I also lead them in extensive legal research using all modes of study related to the case. Once they have a clear understanding of the law involved in the case, they are confident enough to draft the pleadings and present them to the court.  I also strongly encourage them to present the case before the Hon’ble Judges of various courts in India, fostering their confidence and skills and supporting their growth as legal professionals. My mentees remember me and continue to call me for any legal issues. Several of them started their own law firms, and while a few are working in-house, most are working with law firms pan-India. This is a testament to the growth potential in the legal profession and the bright future that awaits them.

    You have represented clients in some high-profile arbitration cases, including one of the biggest challenges in India. Could you tell us about the complexities and learnings from handling such significant cases?

    During my tenure at UKCA, I successfully managed a wide array of high-profile arbitrations. These cases spanned diverse sectors such as construction, investment, subscription, defence, hotels, malls, papers, and more. This breadth of experience showcases my ability to adapt and handle complex cases across various industries.  

    The MS Shoes East Limited case, a pivotal arbitration matter, was a significant milestone in my career. It involved complex laws relating to an undersubscribed Initial Public Offering (IPO). I represented over 100 underwriters who played a crucial role in MS Shoes’ IPO subscription.

    While handling MS Shoes Arbitration, I honed my skills further in SEBI law and regulations, circulars, and notifications, mainly relating to IPOs.   I also learnt the art of negotiating and dispute resolution strategies with the opposite party to bring them to the negotiation table. I have also learnt to handle pressure and the volume of documents involved in arbitration proceedings.   

    Arbitration is a key part of your practice. How do you see the role of arbitration evolving in the Indian legal landscape, and what advice would you give to young lawyers interested in this field?  

    Arbitration, an efficient alternative to the routine court judicial process, is immensely significant in swiftly resolving disputes between parties relating to civil, commercial, construction, investment, etc. 

    Amendments made in 2015 and 2019 to the Arbitration and Conciliation Act of 1996 paved the way for the evolution of arbitration in the Indian legal landscape, making it more efficient, transparent, and time-bound to complete. Additionally, India has aligned its legal framework with global best practices, so foreign investors have shown increasing trust in the Indian arbitration system. 

    The evolution of arbitration in India is not just about legal changes. It’s also about embracing technology. The COVID-19 pandemic, while disruptive, has been a blessing in disguise, accelerating the use of technology in arbitration and enabling arbitrators and parties to conduct proceedings from anywhere in the world. Further, the establishment of two institutional arbitration centres, the Mumbai Centre for International Arbitration (MCIA) and the Delhi International Arbitration Centre (DIAC), has led to a shift from traditional ad-hoc arbitration to these centres.

    I would like to advise young lawyers who want to practice arbitration to look for a trainee or associate position with a law firm that practices arbitration. They should inculcate the habit of extensive research and documentation, practice legal writing skills, and be well-versed in communication skills.  

    You’ve advised clients on antitrust investigations concerning price-fixing and bid-rigging. Can you share an example of a particularly challenging case and the strategies you employed to address it?

    The challenges that I encountered while advising the clients on antitrust investigations concerning price-fixing and bid-rigging are the mere allegations based upon circumstantial evidence such as proxy bidders, identical bids, communication patterns, and also frequent communications between bidders can be misinterpreted as collusion. Further, even the IP addresses and call detail records can be technical and challenging to dispute, and sharing price information, even if it’s publicly available, can be misconstrued if it appears to affect market competition. Furthermore, legitimate parallel pricing behaviours can be mistaken for collusion, requiring detailed justification.

    I advise industries to keep comprehensive and transparent documentation of bidding and pricing activities and establish and enforce internal policies to prevent anti-competitive behaviour. Providing robust evidence of independent business justifications for bids and prices and constantly monitoring and archiving communications to ensure they comply with competition laws are all important. 

    However, it’s equally crucial to understand the compliance requirements. This knowledge gives you control over your actions and ensures you are always on the right side of the law. Engaging legal and digital forensic experts to counter circumstantial evidence, cooperating with the investigating authority, and proactively addressing potential concerns are all part of a comprehensive strategy.

    As an Alternate Chairperson and Local Commissioner appointed by the court, what responsibilities do these roles entail, and how do they complement your work at UKCA & Partners LLP?

    In 2010, the Hon’ble Delhi High Court appointed me as an alternate Chairperson in a Court-convened meeting in a merger case. My role was to oversee the court-convened meeting, including following the agenda, ensuring adherence to procedural requirements as per the Companies Act, 1956, and maintaining minutes of the proceedings. I also ensured that votes and resolutions relating to the merger were thoroughly documented, conducted voting on resolutions, and ensured that resolutions were passed with due legal compliance. After the meeting, I meticulously prepared a comprehensive report detailing the proceedings and the resolutions passed and submitted it before the Hon’ble Court. 

    Again, in 2009, the Hon’ble DRT-II, Delhi, appointed me as a local commissioner to recover a hydraulic excavator from Barabanki, Uttar Pradesh. My role was to strategize a plan with the banker to locate where the excavator was stationed. After it was located, I visited the place and engaged local police with some personal security guards to maintain law and order, remembering that I had to recover the excavator from the road builder from the highway construction site. I managed to recover the excavator and parked it in the stockyard after preparing a list of inventories with the banker, preparing a detailed report, and submitting it before the Hon’ble DRT.      

    Acting as an Alternate Chairperson and local commissioner, I gained invaluable knowledge and skills, such as strategic decision-making, leadership, and procedural expertise, which I now apply in my regular practice. I also share my experience with my colleagues and associates, complementing the firm’s work. The experience and skills I acquire enhance my professional growth and our firm’s reputation and improve client satisfaction through better advisory and representation.  

    Given your experience in domestic and international arbitration, how do you navigate the differences in legal systems and practices across borders, and what challenges have you encountered?  

    Understanding the legal systems and practices in different jurisdictions is critical to effective arbitration. It ensures you are well-informed and prepared for any new legal developments impacting your arbitration proceedings. Thorough research on how similar disputes have been handled in different jurisdictions is essential. Mastering these differences necessitates clear communication, which is a fundamental aspect and the cornerstone of fair arbitration. 

    I have faced these challenges while enforcing arbitral awards in China, which presents challenges through various legal, procedural, and practical considerations. Chinese courts have the power to review foreign arbitral awards. Local protectionism can play a role, especially if the award is against a regional party with significant influence or importance in the region. Local courts may be reluctant to enforce awards against local companies. While China is a signatory to the New York Convention, recognising and enforcing awards from certain foreign arbitral institutions may encounter resistance. Further, locating and seizing assets in China is another significant challenge due to the lack of transparency and the ability of debtors to hide or rapidly transfer assets. 

    Continuous learning and adaptability are beneficial and essential in international arbitration. By embracing these strategies and anticipating challenges, arbitration professionals can effectively navigate the complexities of cross-border disputes.

    In your journey to becoming a partner and leading your practice areas, what personal growth strategies have you found most effective, and how do you apply them in your daily life?

    Continuous legal updates and the empowering ability to make firm decisions were the most effective strategies that contributed to my personal growth in becoming a partner and leading my practice areas.

    I apply the strategies daily by getting up early in the morning, playing sports , meditating, and reading legal news and updates. I also engage in deep reflection on myself and areas for improvement. After that, I set my goal to accomplish the task. 

    When applied daily, these strategies serve as stepping stones in my journey towards becoming a partner and leading in my practice areas.        

    How have recent global events, such as economic shifts or geopolitical changes, influenced the legal landscape in which you operate, and how do you adapt your strategies accordingly? 

    Global recent events, such as the penetration of information technologies, especially after the COVID 19 pandemic, have changed the way of litigation, including courtroom appearances, hearing, and filing of cases. 

    Filing in Courts/ Tribunals is mandatorily being done through e-filing and digital signatures. Submissions of hard copies and paper-book are dispensed with. Court and Tribunals are connected online for hearing on both ends fitted with cameras, microphones and LCD display units. Inspection of court files are available online in the High Court of Delhi and other Tribunals. All these facilities have enabled advocates to take up cases from different jurisdiction and to appear online for hearings simultaneously for different High Courts and Tribunals.

    Economic shifts have also resulted in changing the nature of cases apart from traditional civil and criminal matters. We represent parties in arbitration matters where government bodies are one of the parties. Disinvestment policies of the government and the public-private model of industries have changed the nature of disputes altogether. Now we have cases of shareholder disputes in joint-venture entities where one of the parties is a government body, e.g. Govt. of NCT of Delhi or SAIL or the Ministry of Defence. So, we are changing our strategies for litigation or arbitration accordingly.

    Outside of your professional life, what hobbies or personal interests do you pursue, and how do they help you maintain a balance in your demanding career? 

    I enjoy swimming and playing sports. Additionally, I am dedicated to supporting my community by helping residents with their difficulties and spending quality time with friends. These activities contribute to my positive outlook and help me maintain a healthy balance alongside my demanding career.  

    Get in touch with N Raja Singh-

  • “Life is what happens to you when you are busy making other plans” – From Medicine to Mastery in Law: Rajvendra Sarswat, Independent practitioner & Senior Standing Counsel for Union of India

    “Life is what happens to you when you are busy making other plans” – From Medicine to Mastery in Law: Rajvendra Sarswat, Independent practitioner & Senior Standing Counsel for Union of India

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Could you please help our readers get to know you better by sharing how you came into the field of law? We’d love to hear about your journey, who inspired you to join the legal profession, and the challenges you faced initially.  

    Many of us will agree that growing up in the nineties, there used to be primarily two career choices every student had to make at a certain stage, either medicals or engineering, and similarly I was also in the same mainstream preparing to be a doctor someday. Law was surprisingly introduced to me by my brother which intrigued me when I explored more about it as a profession. As I always believe in the quote that ‘life is what happens to you when you are busy making other plans’. I joined National Law University, Jodhpur as its first batch student and graduated in the year 2006 with Corporate Law Honors in B.B.A. LL.B. and thereafter joined Kanga & Company, Mumbai and also worked with Majmudar & Partners, Mumbai till close to 2011 end. While working with these firms it was purely general corporate, M&A and PE transactional work with almost negligible work related to litigation and the learning I received from both these places left a significant impression in my approach towards work. My initial years into litigation were very challenging and every new case I got was accepted as a blessing. I was appointed as amicus curiae or Court commissioner in many Public Interest Litigations during my initial years which gave me the opportunity to appear regularly before the court and to make myself relevant. I was always open to any area of law and focused myself to take each case as the most important and crucial for me for building myself as a litigation lawyer.   

    As Senior Standing Counsel for Union of India, GST, Central Excise / Customs, what are the key challenges you face in representing such a broad spectrum of governmental interests?

    The most fascinating part of representing tax department in the High Court is that mostly the controversies involved are interpretational issues where constitutional validity is under question and having serious implications wherein invariably I get the chance to argue against the best and top tax lawyers of the country, which I believe is a valuable learning experience for me. As we know that the Goods and Service Tax law is new and evolving so many issues are nascent and completely innovative in its challenge which is a constant learning experience. One has to keep in mind the complexity of Laws, diverse stakes, managing the litigation coupled with the factor in change in the policy. However, balancing the government’s interests with the broader public interest can be a delicate task. Ensuring that legal actions align with public expectations and serve the overall welfare of the society is important. Navigating these challenges requires a deep understanding of legal intricacies, effective communication skills, strategic thinking, and the ability to adapt to dynamic legal landscapes.

    We want to understand how different the study of law is compared to the practice of law. What was the most challenging aspect of transitioning from academic learning to actual legal practice?  

    What we study in law school is a very fundamental yet primitive part of law. The actual application and understating of the practical aspects of law comes only when we enter in the profession. As a first generation lawyer, the journey is altogether different and difficult because you inherit nothing and have to build everything from scratch but the good part is that you have an empty canvas and you are the artist. A fresh law school graduate who wishes to enter into litigation should always start with fundamental and practical aspects including the process of filing or curing of defects therefore I also advise to start from trial courts for at least two years before practicing in higher forums. Nowadays it’s good to see that law schools are also focusing on practical learning aspects other than just theoretical teaching. Applying legal principles to real cases, clients, and situations requires a different skill set than memorizing legal theories. In academia, the emphasis is often on analysing case law and statutes. However, in practice, building strong client relationships, effective communication, and understanding client needs become crucial. Developing these interpersonal skills can be challenging for some. In a practical legal environment, time management becomes critical. Meeting deadlines, handling multiple cases simultaneously, and managing client expectations require efficient time management skills that may not be as emphasized in academic settings. And, most importantly grappling with ethical dilemmas, maintaining client confidentiality, and upholding professional conduct standards are integral parts of legal practice that go beyond academic discussions of legal ethics. I also happen to be a guest faculty at a few law universities. I also give lectures at many intuitions and this helps me keep my own learning in the game.     

    How do you approach the complexities of constitutional writs compared to other types of legal matters you handle, and what strategies have proven most effective for you?  

    The unique feature of writ jurisdiction is that it’s an extraordinary remedy and how you can convince the court to get a favourable order depends upon how innovative and ingenious you can be. In my experience of being into litigation, I believe there is only one strategy and that is there is no strategy. You have to be quick on your feet, well prepared and thoroughly researched. One of the key focuses should be on the drafting because there may not be occasion for you to change your pleadings in the later stage if you have missed out a crucial fact or legal ground. You must know what to speak and more importantly what not to speak. Court crafting is an art and it takes patience and keen openness for observing to learn on a daily basis which cannot be taught but has to be learnt. By combining thorough legal research, precise drafting, effective oral advocacy, and a deep understanding of constitutional principles, handling constitutional writs can be approached with the rigor and strategic insight they demand. This ensures that the complexities of these cases are navigated effectively, maximizing the chances of a favourable outcome. When I joined litigation, I ensured to be in the court and get the chance to hear senior advocates arguing their matters because one can learn a lot from mere observation as to how a particular case was presented and how the questions of the court were replied back. 

    What innovations or changes would you like to see in the Indian judicial system to improve efficiency and fairness in legal proceedings? Additionally, what steps are you personally taking or planning to take to help achieve these improvements?   

    We are presently in a rapidly growing and evolving legal system. Before the covid pandemic, none ever imagined the idea of having courts running online where lawyers and even litigants were attending courts from home. Now we have a seamless virtual platform where any lawyer can not only do the filing but also attend the court. We just need more adaptability and openness to it. However, that is mostly at the High Court and Supreme Court or other higher forums, which needs to be adopted at all the levels. This requires proper infrastructure and training. Once this is achieved, service of process, examination of witness, inspection etc. many such procedural aspects which delays the justice dispension system can be curtailed. We are currently transitioning our entire office from physical file to digital file and do not carry physical file to the dias. This way we have access to the entire office record, documents and relevant judgments with ease even if we are travelling. 

    You transitioned from being an associate to a legal head and then switched back to a senior associate role. What differences did you observe in both practice areas during these transitions, and what motivated your move back to the litigation?  

    You cannot compare being an associate in a corporate non-litigation firm with being an in-house counsel with any corporate organisation with having your independent practice as they all work within their uniquely peculiar sphere. The kind of work you do, the atmosphere you work in, the people you deal with on a daily basis, the issues you have to handle independently, they all are different and distinct. The initial journey is always difficult, nonetheless, they all have their own challenges and benefits. After graduating from law school; my primary interest was to work with a good corporate law firm, either in Delhi or Mumbai. I got a chance to work with two very reputed firms in Mumbai and a brief period to be legal head of a public limited company. However, after working for a few years I realised the quench of working on my own started bubbling up. I remember I had visited the High Court once for a matter related to one of my relatives and after observing the lawyers and court room, from there the idea of starting my own practice triggered inside. It was a very difficult and risky decision to take after investing years into Mumbai and then coming back to Jodhpur coupled with the fact being a first generation lawyer, but somehow I took the plunge. My initial few years as a litigation lawyer were difficult with self-doubts and fear as to who will give me work and how will I sustain; but I also believe that such fear keeps you motivated too.

    Mr. Sarswat, transitioning from prestigious firms to independent practice is often a significant milestone. Could you share how your independent practice is evolving, and which specific areas of law are you currently focusing on? Additionally, what qualities do you look for in interns who seek to work under your guidance? Any suggestions you would like to give them?

    I practice primarily constitutional writs, civil, arbitration and a few criminal matters too. Public Interest Litigation has inspired me to a significant manner which lead me to file and appear in many such PILs involving public issues around me, where we have been successful to get very favourable orders from Court either as the counsel or as the amicus curiae. We also do a lot of arbitration practice. The qualities which I aspire and look for in anyone who is willing to join litigation is patience, persistence and hard work. There is no shortcut in this profession and if one can maintain that, the sky’s the limit. I firmly believe that every person has a unique journey and the only comparison you should have is with yourself as to what you were one year back in the past. I find young lawyers getting impatient, which is inevitable though, but this is a lifelong building profession and takes time. One has to be well prepared with facts and position of law, latest judgment on the issue involved. If you are sincere and hardworking, you will automatically stand out and become noticeable. If one can manage to do that, one will be picked up at the right time from the right people and the path will appear. Lastly, never be too focused that you miss out little opportunities at the corner of your eyes and if you wish to take litigation as a serious and primary choice of profession, then only join it otherwise don’t start it with as plan B.

    Outside of law, what hobbies or personal interests do you pursue that help you maintain a balanced perspective?  

    I love to read and travel. I believe the more you read and travel, the broader perspective you achieve about various aspects of life. One should have a habit of reading at least 15-20 pages daily, other than office work. I also write and paint at times. Every new place you visit, teaches you a lot about yourself as a person too. I also love running and keeping myself physically fit because a healthy body can only give you a healthy mind. I love to listen to old school music and my favourite bands or artists are U2, Bob Dylan and all time legends Kishore Kumar and Jagjit Singh.  

    Get in touch with Rajvendra Sarswat-

  • The most challenging aspect of the international arbitration field is to break into the system which is often referred to as the “insular arbitration bubble”- Moin Ghani, Founding Partner, Alliance Laws

    The most challenging aspect of the international arbitration field is to break into the system which is often referred to as the “insular arbitration bubble”- Moin Ghani, Founding Partner, Alliance Laws

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

    Can you share with us how and why you decided to pursue a career in law? Was there a specific moment or influence that guided your decision?

    My pursuit of a career in law was more accidental than pre-meditated. I am the first lawyer in my family and did not have any idea about the legal profession before I decided to study law. 

    Even my study of the law was more out of curiosity about the subject than out of any career aspirations. By the time I was applying to go to university, I had studied science subjects like Physics, Chemistry, Biology, Mathematics, and Pure Mathematics in addition to the social sciences and humanities like Economics, Commerce, Language, Literature, and Art. I did quite well in all the subjects but did not feel I wanted to pursue higher studies in any of those subjects. Thus, I decided to study law. 

    I eventually fell in love with international law and decided to pursue a career in that arena even though it was not something most graduates pursued at that time. International law was definitely the path less taken.  

    What was your experience like studying law at the London School of Economics and Political Science (LSE), and how did it shape your career trajectory?

    Studying law at the LSE was truly a transformative experience for me. It was indeed a privilege to be taught law by the best experts. For instance, I studied Public International Law and was supervised by Sir Christopher Greenwood, who later went on to become a Judge at the International Court of Justice in the Hague. It was also an invaluable experience to be able to attend classes with a diverse group of international students while living in one of the most cosmopolitan cities in the world, London. The years at LSE clearly helped to broaden my horizon and exposed me to the career opportunities in the field of international law.     

    You’ve worked with top international law firms in the US and the UK. How did these experiences contribute to your expertise and influence your practice back in Bangladesh?

    I worked in the UK for Eversheds LLP in their shipping department. That work experience was my first foray into the world of arbitration arising out of shipping law. During those early years of practice, I realized that a good lawyer not only needs to understand law but needs a well-rounded knowledge base which helps to think outside the box. Many of the issues that arise during a complex case may often involve highly technical matters where one’s understanding of subjects like physics and chemistry come in handy. 

    In the United States, I got the fortuitous opportunity to work for one of the world’s leading international arbitration firms, Foley Hoag LLP. I had gone to the United States as a Fulbright Scholar on the Hubert H Humphrey Fellowship to study at the Washington College of Law at American University (“WCL”). By chance, one of the Adjunct Professors who was teaching me at WCL was also a Managing Partner at Foley Hoag LLP, which had just been engaged by the Government of Bangladesh for the arbitration of the maritime boundary disputes in the Bay of Bengal between Bangladesh, Myanmar, and India. I was fortunately in the right place at the right time and got offered a position at Foley Hoag. I was particularly keen on assisting my own country Bangladesh in an international arena. While at Foley Hoag I also got to work for countries like Ecuador and Venezuela in arbitration cases arising from investment disputes. I was part of the team that advised the Philippines in their maritime boundary dispute with China in the South China Sea.          

    My international experiences in the law firms in the UK and USA greatly helped me in my international arbitration practice. Not only did I acquire legal skills by working with the best international lawyers in the world but I also built personal lasting friendships that provide indispensable support to me even today.  

    What motivated you to establish Alliance Laws in Bangladesh, and what have been some of the significant milestones for the firm since its inception?

    The key motivation for establishing Alliance Laws was to have the freedom of choice about the kind of work I want to do. Now I only do cases that I find enjoyable or challenging. The law firm has grown exponentially since it was founded in 2019. We started with only two lawyers and in five years we have sixteen people working in the firm. Since our inception, we have assisted Bangladesh state owned entities in several international arbitration cases. In addition, we have also been involved in a number of complex cross-border transactions for international clients. The firm has been ranked by Chambers and Partners for its “Corporate and Finance” and “Dispute Resolution” works.     

    Given your extensive experience in international arbitration, what do you see as the most challenging aspects of this field, and how do you navigate them?

    The most challenging aspect of the international arbitration field is to break into the system which is often referred to as the “insular arbitration bubble”. While some progress has been made with respect to gender, ethnicity, and cultural diversity, the system is still somewhat closed and controlled by a small group of people. I feel there is a need to encourage greater diversity in the pool of professionals which work in international arbitration, both as counsel and arbitrators. 

    For my part, whenever the opportunity arises, I try to encourage appointment of arbitrators and counsel from different regions and cultural backgrounds. I also try to ensure that tribunals and my legal teams have a good gender and multicultural balance.   

    Could you highlight one or two international arbitration cases you’ve worked on that you found particularly challenging or rewarding?

    One of the most challenging international arbitration cases that I have worked on involved a dispute between my country, Bangladesh, and a Canadian energy company. The Canadian company had caused a massive explosion while negligently drilling a gas filled in northern Bangladesh and was about to get away without paying any compensation. When I was appointed to the case, half way through, I managed to get a team of lawyers together and succeeded in turning the outcome of the case in Bangladesh’s favour. It was difficult to take on a case which had been partially completed. However, in the end, it was rewarding to be able to change the outcome of the case through a combined team effort and a “never give up” mindset.     

    Lastly, what advice would you give to fresh law graduates who aspire to build a successful career in international law and arbitration?

    My advice to all fresh law graduates would be to read as much, and as widely, as possible. Reading cultivates the mind and makes one more empathetic. To be a good lawyer one only needs to understand the law. But to be a great lawyer, especially in international law and arbitration, one has to solve complex legal issues from a culturally sensitive manner. There is also no short cut to success. In legal practice, if one is to succeed one must be prepared to go per aspera ad astra (through hardship to the stars). 

    Get in touch with Moin Ghani-

  • “Successfully arguing appeals and securing victories for my clients taught me that persistence and a deep understanding of law are key to success.” – Vikas Sharma, Director and Principal Solicitor at Vikas Sharma & Co Ltd., Solicitors & Solicitor at LAWSMITH SOLICITORS’

    “Successfully arguing appeals and securing victories for my clients taught me that persistence and a deep understanding of law are key to success.” – Vikas Sharma, Director and Principal Solicitor at Vikas Sharma & Co Ltd., Solicitors & Solicitor at LAWSMITH SOLICITORS’

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Reflecting on your journey from studying law to becoming a director at Vikas Sharma & Co Ltd, what specific moments or individuals inspired you to pursue a career in law? What were some of the challenges you faced and how did you overcome them?

    I come from a lineage of lawyers, with my maternal great grandfather practicing in Hissar, Haryana, and both my grandfather and father in Ratangarh, Rajasthan. Growing up in Ratangarh, I was deeply influenced by the respect lawyers commanded in a small town. Visits to court with my father and uncles were frequent, and the court premises felt like a second home. Initially, my interest wasn’t in the law itself but in the sweets and pampering I received from my father’s clients and lawyer friends. However, over time as I grew older, observing my family’s dedication and the impact they had on people’s lives inspired me to pursue law seriously.

    My father, the late Shri Shyam Sunder Sharma, played a crucial role in encouraging me to aim higher and move to the Supreme Court. I learned not only how to prepare a case from him, but also how being a lawyer is more than just a business but a way to help people and enjoy the process. One of the pivotal moments was my working with Group Captain Karan Singh Bhati at the Supreme Court of India, where I gained invaluable experience representing the State of Rajasthan. Group Captain Bhati was then standing counsel for Rajasthan. 

    The passing of my father and two uncles was a significant emotional challenge, prompting me to move to Scotland for a master’s degree in law. This move was both a personal and professional turning point, allowing me to start afresh in a new environment. The journey was filled with obstacles, but the support of mentors like Mr. Vincent Buffoni and Mr Matthew Cohen, and my persistence in adapting to new legal systems, helped me overcome these challenges.

    Can you share the journey of how you transitioned from practicing various areas of law to specializing exclusively in immigration law? What motivated this shift?

    The transition to specializing in immigration law was largely serendipitous. Once I qualified as a solicitor in England and Wales, I joined Vincent Buffoni & Co, a central London law firm. While working with Mr Vincent Buffoni, an Oxford graduate who was very humble and thorough, I gained experience in UK immigration law. Initially, barristers handled appeal hearings, but Mr. Buffoni trusted my abilities enough for me to represent clients. After gaining hands-on experience in immigration cases, I became interested in the field more deeply earlier 

    Having worked in London for a few years, I returned to Scotland where I had earlier completed my LLM degree. Since English and Scottish legal jurisdictions are separate, I had to pass conversion exams to become a Scottish solicitor. My litigation background allowed me to handle all kinds of court matters when I moved to Aberdeen and joined Mathew Cohen and Associates Ltd. There was, however, an increase in demand for immigration law services. Aberdeen, being the oil capital of Europe, had a clientele that required legal assistance for complex immigration issues. A growing number of cases and the complexity involved led me to focus almost exclusively on immigration law, which I found intellectually stimulating and professionally rewarding.

    With over 20 years of experience, what key insights have you gained about the intricacies and challenges within immigration law that may not be apparent to those outside the field?

    One key insight is the profound impact of immigration law on individuals’ lives. It’s not just about legal procedures but about people’s futures, their ability to stay with their families, and their livelihood. The emotional and personal stakes are incredibly high, which adds a layer of complexity and responsibility to each case.

    Another challenge is the ever-evolving nature of immigration law. Policies and regulations change frequently, requiring constant learning and adaptation. Navigating these changes while advocating effectively for clients demands meticulous attention to detail and a comprehensive understanding of both the legal and human aspects of each case.

    Could you please provide examples of some of the most complex immigration cases you’ve handled and how you approached resolving them? What lessons did you learn from these experiences?

    Compared to London and other major cities in the UK, Aberdeen’s clientele is different. As Aberdeen is an oil capital in Europe, most of the clients are well educated professionals working in the oil industry. Therefore, they engage you only when a case is too complex for them to handle. As a result, almost all of my cases are quite complex. It was last week that I argued an appeal in which the UK government refused the appellant’s permanent residence/indefinite leave to remain application because the appellant has served a non-custodial sentence in a criminal case. The Home Office lawyer accepted before the judge that the application should not have been refused given that the appellant’s application to work in the UK had been approved despite a criminal conviction. In my argument, I relied on the principle of legitimate expectation, which was well received by the Home Office lawyer. We had another appeal where the husband of one of our clients was being removed from the UK due to criminal convictions. As a result of hugging his coworkers, he was convicted. It was my contention that the immigration rules that governed his removal contained an element of discretion. In this case, neither the UK government recognized or explained why discretion inherent in the immigration rule was exercised against the appellant. The judge allowed the appeal. Another case involved a Thai lady who was married to a British national and they had two British children. After the marriage ended, the British husband relocated to another part of the UK with the children. Due to the expiration of her visa and lack of funds, our client was able to move to the new city where her ex-husband and children had moved. Since her children lived away from her, the UK government refused her application on the ground that she was not actively involved in the upbringing of the children. Despite living away from her children due to circumstances beyond her control, I argued that she still had a genuine and enduring relationship with them. The appeal was dismissed, as were the applications to the Upper Tribunal. As a result of the Court of Session’s intervention, the matter was referred to the Upper Tribunal, where the appeal was ultimately allowed. 

    The lessons I learned from cases in which I didn’t receive a successful outcome initially are that ultimately success will be attained if the legal point is in our favor regardless of how many judges dislike it. 

    What inspired you to establish your own law firm, Vikas Sharma & Co Ltd, in Aberdeen? How does it differentiate itself in terms of approach and client experience compared to other firms in the area? Also, what challenges did you come across during the initial days of your firm?

    I joined Matthew Cohen Associates as the head of the immigration law department in 2010. It was in 2018 that I joined The Chamber Practice as a partner. Since I was running both firms’ immigration law departments, I was responsible for providing the best service to my clients. As a result, setting up Vikas Sharma and Co Ltd did not make a significant difference in the way the firm assisted clients. Having my name on my firm helped my previous clients find me and gave me more freedom to run my business. Besides the procedural requirements for setting up a law firm in Scotland, which are quite onerous, I had no problems because I have been serving people here for more than 15 years and my previous clients found me through Google reviews.

    Considering your background as an advocate in the Supreme Court of India, how do you perceive the differences in legal systems between India and the UK? Are there any insights from your experience in India that you apply to your practice in the UK?

    The process of preparing a case for court and presenting it to the court does not seem to differ much between India and Scotland. However, there are many other distinct differences, such as the requirement that a law firm be insured before starting to practise, and the Law Society of Scotland is much more strict in its regulation of this profession than Indian bar councils. At the outset, lawyers here are required to provide engagement letters outlining the costs involved and how unhappy clients can make complaints. The Law Society of Scotland regularly inspects law firms to ensure compliance with rules of practice. Keeping the office and clients’ bank accounts up-to-date is a mandatory requirement. Generally, lawyers specialize in one area of law, such as family law, immigration law, or criminal law. Lawyers must advise clients efficiently because the cost of cases can be enormous, otherwise, they will be liable for claims and complaints. Once the pleadings are complete and the case is ready to proceed to the evidence stage, the lawyers of the parties determine if their client’s case deserves to proceed to the next stage since the client could end up paying the other party’s legal costs. As far as I’m concerned, the Scottish legal profession is much more strictly regulated than that in India.

    Transitioning from practicing law in India to establishing yourself in the UK legal system must have been a significant change. Could you share your experiences and insights regarding this transition? What were some of the biggest challenges you faced, and how did you adapt your legal expertise to the new environment?

    Interestingly enough, I struggled little to establish myself as a lawyer here. Vincent Buffoni, the partner of the central law firm and an Oxford graduate, had earlier shown me trust, and later Matthew Cohen, a principal of a Scottish law firm, gave me an opportunity to appear in Scottish courts. In this region, I am the only Indian lawyer and have even appeared in smaller towns such as Peterhead and Stonehaven where English is spoken in a very different accent. In terms of my work, speaking English with an Indian accent or my origin has not had any adverse effects. My experience as a lawyer in India extends even to smaller towns such as Ratangarh and Shri Dungargarh, as well as the High Courts of Rajasthan and Delhi and the Supreme Court of India. Having moved from a small town to a higher court already prepared me to handle the changes and adapt to them. I believe that when it comes to practising as a lawyer, there are certain requirements regardless of the country or court: knowledge of facts, knowledge of applicable law, understanding the stakes for the client, empathy towards the client, and the ability to represent the client before a judge.

    Any new court requires adaptation, whether it is the District Court of India or the Supreme Court of India. In the same way, adapting to the courts of the UK involves a series of steps. As part of my adaptation process, I sought guidance from experienced colleagues and continued learning about the nuances of the UK legal system. A crucial step toward becoming an English and Scottish solicitor was passing the conversion exams. Additionally, I qualified as a solicitor in Ireland and worked with a firm there in 2017. I was able to successfully navigate this transition by embracing the differences and leveraging my foundational legal expertise.

    With your wealth of experience in the legal profession, what advice would you offer to the new generation of aspiring solicitors and advocates who are just beginning their careers, particularly those interested in specializing in immigration law?

    For aspiring solicitors and advocates, my advice is to develop a deep understanding of the law and stay updated with the latest developments. Immigration law is a dynamic field, and continuous learning is essential. Practical experience through internships and mentorship from seasoned professionals is invaluable.

    Specializing in immigration law requires empathy, patience, and a genuine desire to help people. Building strong client relationships and maintaining integrity in your practice are crucial. Always approach each case with meticulous preparation and a commitment to achieving the best outcome for your clients.

    We may enter this noble profession motivated by the motivation to help people, but it is the discipline that earns us credibility and reputation with clients, colleagues, and the judicial system. 

    Due to the ever-changing nature of immigration law in the UK, no one can claim to be an expert. It is therefore important that we stay on top of any amendments to the rules, regulations, policies, and statutes as students of law. 

    With the demands of your legal career, maintaining a healthy work-life balance is crucial. Could you share some of your favorite ways to relax and unwind outside of the office? How do these activities contribute to your overall well-being and productivity in your professional life?

    When I am in control of my work, I feel relaxed. Consequently, I try to answer all my emails and phone calls by the end of the day. If I am unable to complete the work, I email the client when I will complete it. In the end, it comes down to managing the expectations of others.

    After a difficult day at work, watching a good movie or web series helps me unwind. Since I have a sweet tooth, I run approximately 5 kilometers a day and do push-ups and squats on alternate days. Scotland is close to nature and picturesque, so I have chosen to settle there. It is relaxing to take a drive in the Scottish countryside and to have an Indian cup of tea to clear my mind. In spite of living in Scotland for almost 20 years, I remain a teetotaler and a vegetarian, so I still drown my stress in tea rather than Scotch.  

    Get in touch with Vikas Sharma-

  • “My thrust in the use of Artificial Intelligence is to see one day an autonomous body of knowledge, uninfluenced of facts and free from political and personal malaises, to provide a support system to the legal community on the merits and demerits of a lis to enable not only the legal practitioner but also all the stakeholders to understand where a judgement can possibly go”- Dr Sarosh Sam Bastawala,  Senior Lawyer & Arbitrator, Argueing Counsel in Superior Court & Tribunals

    “My thrust in the use of Artificial Intelligence is to see one day an autonomous body of knowledge, uninfluenced of facts and free from political and personal malaises, to provide a support system to the legal community on the merits and demerits of a lis to enable not only the legal practitioner but also all the stakeholders to understand where a judgement can possibly go”- Dr Sarosh Sam Bastawala, Senior Lawyer & Arbitrator, Argueing Counsel in Superior Court & Tribunals

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

    Could you share with us what initially inspired you to pursue a career in law, and how your early experiences shaped your path?

    I cannot say that law was the first choice for a profession, but it was the unanimous opinion of my elders that as conditions for landowners were becoming difficult in the country, an In-house lawyer was required for a land-owning family, and so I was dumped in the quadrant of law. I have a principle in my life that if I must do something I should do it well, so I immersed myself in the study of law with great diligence and unlike most of the lawyers my favourite subject always was Jurisprudence i.e. to understand the philosophy and logic that goes behind all laws. They said that the first laws of the world were the ten commandments, handed over to the Prophet Moses by God himself. Scholars in antiquities like Plato and Manu interpreted these and with the liberal assistance of the British who saw it fit to impose the Anglo-Saxon system upon us.

    During the early part of my career, (if I remember correctly), I was a Junior with a senior lawyer who was then the Standing Counsel for the Department of Home Affairs in the State of Andhra Pradesh. However, within six months my Senior was elevated as a District Judge and for a better part of a decade took over his job of standing council for the department of Home Affairs. Later in the early 1990’s, I took up independent practice.

    Your educational background is quite extensive, with degrees in commerce and law, as well as research in artificial intelligence. How did your academic journey influence your approach to the legal profession?

    On the academic side immediately after LL.B., I joined LL.M. with “Jurisprudence”, as the main subject. However, after LL.M. there was nearly a decade when I undertook the then seemingly impossible subject of Artificial Intelligence with a research topic of “The Human Quest for Assurance in the Dispute settlement mechanism. A study of the Doctrine of Certainty in the Judicial Process”. At a time the subject of Artificial  Intelligence was then in its very nascent stage and even though the term Artificial Intelligence, was coined between 1956-1960, and were called “expert system” in the late 80’s. In the early 1990’s the concept of the Heuristic based model of creating a tree of knowledge was proposed and this was the best suited for legal research.  Then in Chicago a company called Mead Data Central had managed to convert thousands of American reports into computer readable form and were offering the same to lawyers over various rudimentary tools over FTP and other protocols available then.   Mead Data central went down to become the Lexis Nexis of today.

    My degree in commerce may have only sharpened my business acumen, not that I can speak about it much. My law degree, being a lover of history, I made it a point to know and understand the rationale and the logic behind every rule of law and its development from the simple societies of antiquity to the complex ecosystems today. My quest in the field of Artificial Intelligence was mostly focused on seeking  a sense of certainty in the dispute resolution process for any prospective litigant and practitioner, for in fact this is now enveloped in uncertainty, mainly due to the length of the litigation, the abilities and perception of various parties and lastly the most uncertain area is the exercise of discretion by the court. Sadly, my profession does not use Artificial Intelligence, for its true purpose and purport, and is mostly used to drive home a point, even if the same is wrong or misconceived.

    With over four decades of experience in litigation and dispute resolution, what have been some of the most challenging cases you’ve worked on, and what did you learn from them?

    As mostly a lawyer in commercial and contractual disputes in private practice my career has been confined to mundane interpretation of civil and contractual laws. In one matter which was for the forbearance for the invocation of Bank Guarantee, a very early case in this country were Courts at that time held that the duty of the bankers to fulfil his obligations was sacrosanct, the doctrine of Egregious frauds was invoked, to put on hold a so-called performance of the bank in favour of the fraudulent beneficiaries. Another Grey area of contractual law is the interpretation and enforcement of written form contracts, that is printed contracts normally thrust upon unsuspecting customers mostly by bankers, insurance companies, and large organisations. The classical theory of contract is an agreement between two persons who have similar bargaining power to arrive at a Consensus Ad idem, or meeting of minds, to form a contract, but this is absent in the matter of Written Form Contract, where the conditionality in the clauses are predetermined by one party.  Where one powerful party imposes and dictates terms to a significantly weaker party with no bargaining power this needs to be regulated by Law.

    You have significant expertise in international arbitration and mediation. How do you navigate the complexities of framing contracts with enforceable arbitration clauses, especially across different jurisdictions?

    In International Commercial Arbitrations, particularly where invocation or denial of insurance claims are concerned, the practitioner must put in a certain degree of his mediation skills into practice also. Enforceability of cross border contracts, particularly were jurisdictional courts are perceived to be biased, careful steps have to be taken first to bring the contracting party to a common forum of arbitration, conduct the arbitration obtained the award in whatever it may be and lastly the sheer vulgarities of domestic Courts and tribunals for the enforcement of the award and the loose seemed framework of the ICC is grossly inadequate to deal with belligerent parties.

    Your profile mentions various specialisations, including maritime law, aviation law, and commercial law. What drew you to these particular fields, and how do you manage to stay updated with the ever-evolving legal landscape?

    Many of the International commercial disputes, particularly when they deal with goods in transit require knowledge of laws of that particular mode of transportation like by sea and air sometimes in adjudication of contributory negligence and other related defences known to the law of torts.  Intricate knowledge of systems of applicable law to the subject as well as territorial application are in play, ascertain aspects of maritime law are also relating to conditionalities.

    As the chairman and founding trustee of The Heuristic Foundation and trustee of the Zal Maneck Foundation, how do you balance your legal career with your responsibilities in these educational and real estate management roles?

    It was during the formative years of the 1990’s that the Heuristic Foundation was created for the advancement of knowledge in various disciplines and a few institutions are aided by this foundation. In the matter of the Zal Maneck Foundation this is purely a family land holding trust, controlling and managing various vast bits of a Real estate owned by my family personally. After the passing of all my elders, I now head this organisation.

    You’ve conducted research on artificial intelligence in law and authored several works. Can you tell us more about your research interests and how you see the role of AI evolving in the legal field?

    My thrust in the use of Artificial Intelligence is to see one day an autonomous body of knowledge, uninfluenced of facts and free from political and personal malaises, to provide a support system to the legal community on the merits and demerits of a lis to enable not only the legal practitioner but also all the stakeholders to understand where a judgement can possibly go.

    Finally, with your extensive experience and knowledge, what advice would you give to fresh law graduates who are just starting their careers in the legal profession?

    As my journey also, has been one of very hard dedicated work, any new entrant in this field, particularly first generation lawyers should know and understand that hard work and thorough knowledge of the particular subject, along with the historical background, and all  surrounding circumstances should be well ingrained in the mind of the lawyer, as he stands up to face the bench or when he drafts a contract.     

    Get in touch with Dr Sarosh Sam Bastawala-