Super Lawyer

Tag: commercial disputes

  • “Always remember, our credibility is something that will yield the best work and results in the profession for us. Without it, we cannot truly consider ourselves to be in the noble profession.” – Bhavik Lalan, Counsel at Bombay High Court(Chambers of Sanjay Jain)

    “Always remember, our credibility is something that will yield the best work and results in the profession for us. Without it, we cannot truly consider ourselves to be in the noble profession.” – Bhavik Lalan, Counsel at Bombay High Court(Chambers of Sanjay Jain)

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

    Could you please introduce yourself to our readers and share the journey that led you from your early days as an Articled Clerk to your current role as a Counsel, Mediator, and Arbitrator?

    In 2009 I was a judicial intern with the then Bombay High Court Judge Mr. V. C. Daga that was the period when I decided to practice as a litigation lawyer upon my graduation. In the year 2010 I joined a Solicitor Firm M. S. Bodhanwalla & Co. as an articled clerk and had 4 years of work experience in the practice areas such as conveyance, civil and commercial litigation, legal opinions and advisory assignments from corporates like Hindustan Times, Lowe Lintas, RCF Ltd. etc. I recommend the young and buddying law students to undergo such a training process. In Mumbai, we have the option to appear for the Solicitors examination which is conducted by Bombay Incorporated Law Society. I appeared for said examination after which I joined Cyril Amarchand Mangaldas (“CAM”) in their dispute resolution team in Mumbai. My experience of working at CAM was very enriching. Handling litigations of high stakes involves tremendous readiness and preparedness in the back end. Also, in Mumbai, we follow a dual system of practice where Solicitor firms brief an arguing counsel and therefore, firms have to be always ready with briefing notes, compilation of judgments, and ensuring court records are updated and in order. My practice at law firms is of 6 years after which I started my counsel practice at Bombay High Court. I first joined the Chambers of Justice Mohit S. Shah (Former Chief Justice of Bombay High Court and Calcutta High Court) where I gained my Tribunal Secretary training and also had wide exposure to large stake arbitration matters. I then joined the Chambers of Mr. Sanjay Jain. Mr. Jain is an arguing counsel at Bombay High Court with a standing of 26 years. As an arguing counsel, my entire approach towards the practice has changed. I had to undergo a process of reformation where my basics of law were refreshed and my skills of drafting pleadings and evidence affidavits were sharpened to a great extent. In my view, these are the fundamental learning for every lawyer who desires to practice dispute resolution/ arbitration. In the year 2022 I completed my Masters in Mediation and Conflict Resolution from MNLU, Mumbai. It’s a two-year full-time course with a magnificent syllabus to enrich skill sets in mediation practice. After completing this Masters Course, I started getting references to act as an arbitrator and mediator in civil disputes. I have also been appointed as an Arbitrator by the Bombay High Court recently in a few matters and I consider myself to be fortunate that the Hon’ble Bombay High Court has entrusted with such a responsibility. While performing my role as a counsel, arbitrator and mediator I have to be constantly conscious that my responsibility is to assist the courts and parties in this process. We have to think about professional ethics and etiquttes while we take up our role as we are directly working in a public field/ domain and our actions and steps matter a lot to our clients and society at large. In the last 12 years of my practice, I have learned a lot from my seniors and colleagues. Law is a practice where learning does not stop till we retire. Our openness to learn even from our juniors testifies to our real approach towards problem-solving. 

    Could you walk us through what a typical day in your professional life looks like? What are some of the tasks and responsibilities that fill your day as a Counsel, Mediator, and Arbitrator?

    As litigation counsel, we have a long day of about 10-12 hours of working which involves court and arbitral hearings, conferences with client and senior counsels, reviewing/ settling of the pleadings and conducting legal research to keep ourselves updated. While doing this, I do spend time at our Advocate’s Bar Association Hall in High Court where interacting with senior counsels and colleagues provides me with an opportunity to exchange ideas and knowledge with them. I have seen that in the last 15 years, the trend of young Advocates sitting in the Bar Association Hall has drastically reduced. According to me, it’s a loss to such junior Advocates as they miss opportunities of gaining first-hand interactions with senior counsels and colleagues at the Bar. Having a little know-how of the practice and profession adds to the skill-set of lawyers which makes them multi-facet in approach.

    As a trained Mediator and Arbitrator, you’ve been involved in resolving several disputes. Could you tell us about a particularly challenging case you’ve handled and how you navigated through it to achieve a resolution?

    During my training process, I was taught that the goal of a good mediator is not to arrive at a settlement but to move the parties from their rigid position to a flexible one and provoke them to think about the solutions by encouraging dialogue between the disputing parties. My endeavour had always been to follow this teaching. So far I have handled about 150 mediations referred through the ODR platform SAMA to me and a couple of arbitrations that involve Bombay High Court-referred matters as well. Being a young practitioner sometimes I do find my role as a Mediator and Arbitrator challenging, but once we start practising to be a good listener and adopt neutrality it helps us a lot to navigate the parties towards solutions. This requires a lot of patience and controlled temperament. In one of the mediation matters (I cannot disclose particulars of parties due to confidentiality) where the dispute was between a multinational bank and a customer, the bank constantly tried to use the mediation meetings to pressurise the customer to pay back the alleged outstanding loan with interest. This was during the COVID period. The customer alleged that the bank was charging a higher interest wrongfully. Instead of speaking to each other parties initially resorted to the issuance of strong-worded legal notices, which triggered their egos. When the matter was referred to me, I had the challenge of bringing both the parties on same platform for a dialogue as they were not willing to see each other’s face. However, gradually with the mediation process moving further parties started attending mediation meetings. There was a time when they started exchanging verbal talks during the joint caucus. That was the time when I encouraged them to exchange some without prejudice written proposals. The parties did that and the dispute was resolved amicably. In this matter I see the victory of both parties, however, to bring them on same table to start the communication was a herculean task, by putting open ended questions to them, I had to prepare them mentally to leave their ego aside and come forward to have a joint talk.

    Transitioning from working at Cyril Amarchand Mangaldas (“CAM”) to starting your own practice must have been quite a journey. What motivated you to take this leap, and what are some key lessons you’ve learned along the way?

    My tenure of working at law firms was 6 years. I joined CAM after I worked at M. S. Bodhanwalla & Co. for 4 years. I was conscious that my role at CAM is going to be challenging as I was hired as a direct lateral and not through their campus recruitment annual training program. However, my earlier experience of working at a mid-size Solicitor firm helped me to navigate the work challenges of big law firm. At a big law firm, the infrastructure and support team provided to us is very helpful and efficient. Team learning and working is the main feature there. Delivering work before time is always expected on high mandate matters and that keeps us on our toes. If one cannot do this at the age of 25-26 when else will we do such action learning. This golden opportunity provided me the launch pad for leaping independent counsel practice. As a litigation counsel in Mumbai, the initial years are quite challenging in terms of getting briefed and generating revenue on your own. At the same time, the role of a counsel is of much more responsibility than the role of an Associate of a law firm. As counsel, we are all on our own when we appear before the court to argue a matter. We are shouldered with the responsibility to present the case before the court by applying the best of our abilities. Some cases have merits few don’t but our readiness to face the court and ensure best assistance to the judge is far more challenging. I got my inspiration from my spiritual mentor His Holiness Spiritual Sovereign Jainacharya Yugbhushansuriji Maharaj Saheb to take up this challenging role of an arguing counsel. His Holiness has entrusted upon several significant matters pending before the Supreme Court and High Courts/ Trial Courts in India, involving the rights of the Shwetamber Murtipujak Jain community. This role was challenging initially but later on after gaining good learnings from my seniors and colleagues I now do not find any challenge while appearing before the Supreme Court in such significant matters. The lessons which I have learnt so far is that we must first have faith in ourselves before we start looking for help outside. Litigation is a practice which provides fruit at a later stage but the sacrifice and rigours of initial days makes us efficient and better individual/ professional. So far I have had opportunities to assist legal stalwarts like late Mr. Fali Nariman, Mr. K V Viswanathan (presently a Supreme Court Judge), Mr. Harish Salve, Mr. Dushyant Dave, Mr. Arvind Datar, Mr. Darius Khambata, Mr. Navroze Servai, Mr. Ravi Shankar Prasad, Mr. C S Vaidyanathan in various matters involving tricky constitutional and such other legal issues. This was possible only after I chose to practice as a litigation counsel.

    You’ve been a frequent contributor on various issues, including public policy, diplomacy, and the use of technology in the legal field. Could you share your thoughts on how technology is shaping the future of dispute resolution and legal practice?

    Technology and law can go hand-in-hand. I am working from a paperless office post-COVID rollout. According to me, we lawyers will have to adopt technology wherever possible in our day-to-day practice as it has resulted in ease of doing practice. Imagine it was due to this advanced video conferencing technology that our Supreme Court and High Courts were able to function uninterruptedly even during the COVID lockdown. Today majority of my arbitration and mediation meetings are conducted virtually. Not limiting it to meetings, but data storage and utilisation are also done through cloud cloud-based system. Effectively, all my briefs are accessible to me 24×7. This has resulted in improved efficiency and quick delivery of solutions to the Attorneys/ clients. I am confident that in the next 5 years, we will have the majority of our Trial Courts providing us with virtual hearings and e-filing facilities. This will not only make the legal practice more inclusive and wide but will also cut down the pendency of cases.

    Balancing a legal career with personal interests can be challenging. Outside of your legal practice, what are some hobbies or activities you enjoy to unwind and recharge?

    Honestly, my first 10 years in the practice have been completely devoted to my work and training process under the guidance of my seniors and mentors. However, I have found my interest in reading the autobiographies of legal luminaries from India’s legal practice. I also read spiritual books regularly as it motivates me to take up higher challenges. Post-COVID health and fitness have been my priority and I ensure that I have physical exercise or morning walk sessions daily along with yoga. I have realised that those who do not take care of their mental and physical health during the early days of practice have to face tough times in the later phase. Our legal practice is such that with the rising age number of dockets keeps increasing, in such a scenario it is necessary to focus on health and mental well-being from the initial days. My thoughts for all my young colleagues is to stay away from addictions of smoking, drinking alcohol and drugs or any such harmful habits that shall severely affect our mental, physical and financial well-being. To be vocal about this, to some extent smoking a fancy cigar or cigarette might have been glamourised in our profession by some stalwarts but young lawyers should be mindful to understand that besides addictions we have many more other good qualities to adopt from them. I also, dedicate some time to pro bono matters which have been my activity to pay back to society. I am empanelled with the Bombay High Court Legal Services Committee where I am entrusted with cases to argue for the underprivileged and marginalised individuals. Appearing in these matters gives me a feeling of satisfaction.

    Your work involves advising clients on an array of transactional matters, including contracts and tenancy laws. What are some common misconceptions clients have about these areas, and how do you address them?

    Since I am practicing as a counsel in Mumbai my direct exposure to dealing with clients is very minimal. Conferences through a Solicitor with a client are a very easy thing to handle. But, there are occasions when I am entrusted tasks either through the Legal Aid Committee or through such pro bono service or social obligation where I have to come across direct interaction with clients and at such times I have to be mindful to keep very simple and lucid language while interacting with them. Using legal jargons during client counselling is not at all necessary. What matters is to give a simple solution within the framework of law. I have needed to recuse myself from situations where my advice was sought on some issues which to my mind were not legally feasible. I have made a point that I take a strong stand in such a situation rather than surrendering to the situation for the consideration of fees. Ours is a noble profession nobility of which is to be maintained by we people as the famous saying is “charity begins from home”.

    Reflecting on your experience as an Ad Hoc Committee Member of the Students’ Council and your participation in moot court competitions, how do you feel moots help students in their legal career or enhance their skills? Can you share some insights into the practical benefits you gained from participating in moot court competitions during your law school days?

    I was fortunate to have good exposure to moot court competitions at Government Law College, Mumbai (“GLC”). My college has been at the forefront in producing great mooters who have won several national and international moot court competitions. I participated in about 10 moot court competitions which are state, national and international. My first-hand experience in drafting a memorial for such a moot court competition is the foundation of my drafting skills. The mannerism to argue at moot court competition forms the bedrock of my present arguing skill. Conducting legal research by reading commentaries and journals was taught to us during our moot court preparations. I feel every law student must participate in at least 2-3 moot court competitions during their academic career. Also, today I cherish those days of preparing for the moot court competition where we used to fearlessly argue the propositions and by doing so regularly we developed a skill to argue real-life matters. I had many friends in my law school days who had stage fear and benefitted a lot due to their participation in moot court competitions. Being part of the Ad-Hoc Committee of the Students’ Council I feel it provided me with an atmosphere to develop a leadership skill and work in a team with modesty for shared goals. We executed several remarkable events (M C Chagla Lecture Series and many more) in GLC through the Students’ Council.  I was also part of the legal aid committee at GLC during my college days. I have had an opportunity to visit central jails and help the poor needy under trials to make their representations and letters for bail application.

    Starting a career in law can be daunting for many young professionals. What advice would you give to the current generation aspiring to make a mark in the legal field?

    Unlike other professions, ours is not a profession to only earns money. Rather ours is a “practice” which word is predominantly used to address the legal profession (a noble profession). May it be litigation or non-litigation; the practice provides us with several opportunities to serve the society. If we go back in the past, the majority of our freedom fighters and founders of the independent India were lawyers. They played a pivotal role in nation-building through their legal knowledge and acumen. Just like doctors we lawyers are also pillars of the society. My message to the current generation aspiring to make a mark in the legal practice is that have an ethical practice with honest conviction of the work which we do. Even the top practitioners and law firms in India and abroad have highlighted the importance of ethical practice in legal profession. This is because ethics and values play a big role in what we advise and perform. I often come across my Solicitor’s complaint regarding law students abruptly changing law firms during their internship/ para-legal period. I feel this practice should be discouraged as while doing these students create an image of being not reliable and credible. Always remember our credibility is something that will get the best work and results in the profession for us without which we cannot consider ourselves to be in the noble profession. Also, there is a hot issue in discussion these days whether interns/paralegals should be paid hefty stipends or not. I feel that generally during the internship days our priority should be learning. We should be thankful to those seniors who take up the responsibility to teach us initially at the cost of their time and resources. Few cases of exploiting interns cannot overshadow the process prevailing in our practice i.e. teaching and investing time in a junior/ student to make them efficient lawyers. If we observe the history of our profession in Mumbai, several of the stalwarts have undergone this process of training during their initial days without getting paid any salary/ or hefty stipend. At times, non-issues are glamourised more than the significant issues and that results in setting a wrong narrative in society. What I see now and for the next 50 years in India, the legal profession will have a paradigm shift i.e. 360 degree change. The systems are becoming more transparent now. We have a live streaming of court proceedings. The introduction of digital filing and virtual hearings has made things easy and economical for everyone. Those lawyers who are afraid to adopt technology may find it difficult to sustain with time, therefore, an open mindset to adopt technology wherever feasible is the only solution.

    Get in touch with Bhavik Lalan-

  • “Litigation is more than just a career and livelihood source. I believe that by this work I can contribute positively to society and bring about good changes in lives which I come in touch with.” – Amit Dwivedi, Supreme Court Litigator and Pegasus Scholar

    “Litigation is more than just a career and livelihood source. I believe that by this work I can contribute positively to society and bring about good changes in lives which I come in touch with.” – Amit Dwivedi, Supreme Court Litigator and Pegasus Scholar

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

    Amit, could you take us through your journey and share how you embarked on your career in law? What inspired you to pursue this path, and how did your early experiences shape your professional trajectory?

    I come from a humble village background. I pursued my schooling from the government residential school of rural Madhya Pradesh, Navodaya Vidyalaya. Thereafter, I studied in the North campus of Delhi University for six years i.e., my graduation and law degree. These years have, indeed, been trans-formative for me. I made friends coming from myriads backgrounds and learnt to adjust in different environments. I started to participate in extracurricular activities including debating competitions during my graduation and soon found that I would like to spend the rest of my life doing the same as a litigation Lawyer.

    For the last six years, I have been working in various Courts and Tribunals of Delhi and across India. For me litigation is more than just a career and livelihood source. I believe that by this work I can contribute positively to society and bring about good changes in lives which I come in touch with. Since September 2022, I have been working independently.

    Having worked extensively in various legal domains, from real estate disputes to representing marginalized sections of society, what drives your passion for justice and advocacy?

    Besides being an Advocate, I am a citizen of this country. There are so many things which bother me on a day-to-day basis. Lack of access to quality healthcare services to most of the population of our country troubles me a lot. However, there is little I could do about it. 

    At the same time, this profession gives me an opportunity to right a wrong. Be it a street vendor harassed by police officials, a homebuyer robbed by a builder or a contractual employee working without any job security, I can feel their pain and wrong committed upon them agitates me a lot. Being a lawyer gives me a position to do something for them and it is my primary motivation to strive for another day. On some occasions, raising a voice means everything!    

    You’ve recently returned from the UK after participating in the Pegasus Scholarship program. How did this international experience influence your perspective on legal practice, especially in comparison to your work in India?

    My inspirational senior Ms. Namita Wali nudged me to apply in the first place, she deserves the complete credit. After the initial screening process, I was interviewed by Senior Advocate Aman Hingorani and seasoned Mediator Dr. Shweta Hingorani. Thankfully, I was selected as a KNH Foundation-Pegasus Scholar for the year 2023. I was the only lawyer with five years standing who was selected for the said scholarship in the year 2023 from India. This scholarship is a world-renowned international lawyer exchange program run by Hon’ble Society of Inner Temple, England. My fellow scholars came from different jurisdictions like the United States, Australia, and New Zealand. As a scholar, I spent Eight weeks in England and Scotland working in esteemed Barrister chambers like Blackstone, Lamb and 39 Essex. I attended court hearings in the Supreme Court of the United Kingdom, Court of Appeal, High Court, Crown Courts, and County courts. I participated in conferences held among barristers, solicitors, and clients. I interacted with judges, jurists, and policy makers. It was a life-changing experience, and I could see a different way of life and working.

    The United Kingdom has a comparatively small population and for that reason alone, they do not encounter a lot of nagging logistical issues as we in India do. The number of cases listed per day before a judge is not in two digits most of the time in the UK and in India, you might even see a three-digit cause list peculiarly on the criminal side in High Courts and consequent crisis of pendency, matters not getting heard and a bit of chaos. However, the zeal of the advocate community keeps the access to justice smooth in India and that is indeed a great achievement.

    In your role as a Panel Advocate with Counsel to Secure Justice (CSJ), you’ve been advocating for child survivors of sexual violence. What unique challenges do you face in such cases, and how do you navigate them?

    CSJ has taught me a lot. Sexual violence against a child is not only inhumane, barbaric, and brutal but it also creates multidimensional problems. The child suffers physically and emotionally. Family also finds it difficult to handle the situation. There are a lot of social stigmas attached to it as well. So, meeting a survivor and his/her family requires a lot of preparation. Most of these people have suffered at the hands of the system also so making a connection with them requires some genuine effort. However, when they see your sincerity, they rely on you, and you start working as a team. It was my affectionate senior Ms. Arushi Anthwal who guided me on this pro bono panel. She heads the CSJ’s lawyer’s team. Her commitment to the welfare of women and children is unimpeachable.    

    I have observed an unfortunate pattern in such cases. Reporting from poor strata of society against child sexual violence is good but the middle and upper classes are still finding it difficult to report this violence and they try their ‘best’ to save their shallow ‘honor’ as in these cases, usually, the perpetrator is a person of trust. Efforts to encourage reporting of child sexual violence are needed on a large scale. It is a silent pandemic!

    You’ve authored articles and participated in webinars on diverse legal topics. What motivates you to share your expertise through writing and speaking engagements?

    We all are part of a shared world. We do not exist in isolation and interdependence is the order of our society. I believe in a democratic society; exchanges of ideas have potential to bring much needed changes in society. The Right to Information (RTI) Act was born out of such efforts and it has served society so well. An ordinary citizen can file a simple application and ask for information which might unearth wrongdoings in public offices. So, I make it a point to speak and write about issues which are important and need our attention like universal access to healthcare and misery of undertrial prisoners. I believe and hope these discussions are small steps which will bring about great changes.  

    Your journey includes working with different legal mentors and chambers. How have these experiences contributed to your growth as a lawyer, and what valuable lessons have you learned along the way?

    As a first-generation lawyer, I had great difficulty finding mentors. Formally, I worked as an associate with two Advocates. My first senior was Mr. Amit Bhagat. He works on the Civil and Commercial side. He taught me how to navigate hearings and insist on reliefs. His energy was unmatchable.

    My Second senior was Advocate on record Mr. Joel. He taught me how to keep patience in tough situations and client handling. He has exceptional skills to mediate a complex dispute and I found his calm approach imitable.

    I interned under Mr. Madhav Khurana in 2017 and since then, he has always been there to support and guide me. He is very organized and conducts his cases with plans and strategies. Working with him as a briefing counsel is always a delight.

    Advocate on record Mr. Vikram Hegde is a known lawyer and his writing skills keep twitter and newspapers warm. In my independent practice, he has been a constant guide. If I lose a case in high court, then I know he would help me to take it to the Supreme Court and get the necessary relief.  

    Mr. Adarsh Priyadarshi is a guide on the criminal side. His skills to puncture a prosecution’s story is great and he has been kind enough to allow me to argue his criminal matters in Delhi High Court.  

    As a Pegasus Scholar, you had the opportunity to immerse yourself in the legal system of the United Kingdom. Were there any striking differences or similarities you observed between the UK and Indian legal systems that surprised you?

    Legal systems in both the countries are similar and have been made by the same people for obvious reasons. So, on paper we are almost the same. But, on the grounds, the situation is different. Their courts are strictly formal at all levels and in India, the informal nature of trial courts gives a breathing space to Indian masses. 

    In the UK, Civil trials get completed in three to five days, I witnessed an eviction trial getting completed and judgement pronounced in four days in Central London County Court. With due respect, such expeditious disposal in India is nearly impossible. Due to the strict cost rules, frivolous litigations and appeals get discouraged a lot there. Due to lax rules, in India litigation, at times, becomes an adventure and all disputes eventually reach the supreme court, destroying decades of people’s lives and leading to docket explosion.  

    With the rapid advancement of technology, how do you see the role of AI and automation shaping the future of legal practice, and what implications do you foresee for young lawyers entering the profession?

    Let’s look at the past to appreciate the future developments. When Covid came, almost no one was relying on e-filing and virtual court hearings were not even part of our imagination. But a small virus nudged us to use technology which was already with us. Soon, we all were filing online and appearing online. This transition has been significant.

    As far as filing and defects in court registries are concerned, I hope AI will make life easier for lawyers and court staff. I hope there will be a day when ‘defect in file’ will be a thing of the past. At the same time, I believe that there will never be a substitute for earned human experience and wisdom. So, technology will help us but eventually, human prudence will decide how it will be used.  

    Balancing personal interests and professional responsibilities can be demanding. How do you manage to find time for hobbies or leisure activities amidst your busy schedule?

    Being self-employed is not as rosy as it sounds. Being away from work means a loss of income in that situation. So, working slowly becomes a part of your life. And this is how eventually things start to find a place in your life. I like stories. I have become a bit lazy to read books for leisure, so I watch movies and tv series and these things happen at the end of day most of the time. I like watching theater and Delhi offers a good variety for the same. Being a foodie gives me the opportunity to explore new places and tastes.

    Finally, Amit, if you could offer one piece of advice to the upcoming generation of lawyers, what would it be, considering the evolving landscape of the legal industry and societal challenges?

    Decide your priorities. If you come from a humble background, then joining a law firm and having a steady income is a fairly good idea in the initial years. Such a way of functioning ensures exposure and income for you. The way litigation is structured in India, it is not very welcoming for an outsider without significant resources and infrastructural support. So, calculating and managing expectations is important. 

    The position of legal researcher in High Courts and Supreme Court is something to aspire to. It gives you a steady income in the initial years and the exposure is unparallelled. These places are likely to motivate you to pursue academic endeavors abroad on scholarships. 

    Arbitration is here to stay as India has become the focus of global trade due to its huge population. World creates and India consumes, as the joke goes! So, there would be a lot of disputes, even of an international nature, in such a setup. This field could show you the world and teach you how to look beyond your self-created boundaries. Opportunities to work abroad may also cross your way and the sky’s the limit.

    So, my advice would be to plan your way out and be brave to walk on that path!

    Get in touch with Amit Dwivedi-

  • “Having the right to file pleadings before the Hon’ble Supreme Court of India, an AOR is an integral connecting tissue between the aggrieved party, the arguing counsel and the highest court of the land”- Vikash Kumar Jha, Partner at Cyril Amarchand Mangaldas and Advocate-on-Record at the Supreme Court of India

    “Having the right to file pleadings before the Hon’ble Supreme Court of India, an AOR is an integral connecting tissue between the aggrieved party, the arguing counsel and the highest court of the land”- Vikash Kumar Jha, Partner at Cyril Amarchand Mangaldas and Advocate-on-Record at the Supreme Court of India

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

    Can you share with us what inspired you to pursue a career in law, particularly in the field of dispute resolution and arbitration?

    Funnily enough, I would have to say that my entry into the law school and eventually into the legal profession was not all planned and happened by accident. I was initially a Zoology (Hons.) student at North Campus, Delhi University, where through the internet, peers, and friends, I found out about the various national law schools in India. I was instantly intrigued; decided to leave zoology behind; and apply to law schools. It was at NLIU Bhopal, that I realised the emancipatory potential of law; my inclination and ability towards analytical thinking and its capability of a positive impact on society and human civilization at large. Further, during the 5 years I spent at Bhopal as well as the various internships I completed during that period, I realised and accordingly decided that dispute resolution would be the practice area for me. 

    I started my journey as a lawyer in 2011, upon graduating from NLIU, Bhopal and joining the disputes practice of Amarchand & Mangaldas & Suresh A. Shroff & Co. (AMSS), at its Mumbai Office. I thereafter shifted my base to Delhi in 2016, and presently, I am a Partner at Cyril Amarchand Mangaldas, at its Delhi, NCR Office.

    Now, 13 years later, I am a qualified Advocate-on-Record and endeavouring to build and develop a practice in advising and representing both Indian and foreign clients in a diverse spectrum of areas under the disputes and arbitration umbrella.

    You have a specialization in various areas such as complex, civil and commercial disputes; contractual disputes; securities laws; white-collar crimes; and environmental matters. What drew you or motivated you to pursue such diverse practice areas within dispute resolution?

    The preference for a super specialised practice versus a more general one, of course, differs from practitioner to practitioner. However, for me, personally, having a more holistic and well-rounded practice and knowledge in the age of specialisation, is definitely an important arrow in my quiver. I would credit my early curiosity to learn and explore more than one area of a law, as well as the various opportunities which my firm has provided me – as equipping me to effectively advise and represent clients in a diverse variety of matters.

    As a gold-medalist graduate from NLIU, Bhopal, what pivotal moments during your education shaped your interest in dispute resolution and arbitration? 

    Numerous peers, professors and mentors and my experiences have shaped the interest I have and which I continue to learn on a daily basis in dispute resolution and arbitration. I would have to give due credit to my colleagues at my firm, college seniors, who were already placed in various law firms and who regularly advised me on various aspects of practice; my professors, who were instrumental in developing my keen interest in disputes; the various internships and clinical courses I completed which helped create a sound foundation of procedural and substantive law and of course, the people around, who constantly reinforced my desire and determination to use my legal knowledge to help people, create a more aware surrounding, and whatever I can contribute towards building a just world, the best I can. 

    Could you discuss some of the key matters you’ve worked on, such as advising and representing premier associations, international publications, and major infrastructure projects? How have these experiences influenced your approach to dispute resolution?

    During my time at Cyril Amarchand Mangaldas, I have been fortunate enough to work on a variety of high profile and very interesting matters. Whilst it may not be advisable to get into specifics, I have advised big conglomerates, reputed developers and builders, cricket bodies, tech companies etc. I have recently advised and represented a premier association of private sugar mills, on inter alia challenging the implementation of a state policy by way of writ proceedings instituted before the High Court of Allahabad. I have also advised and represented a highly reputed international magazine and multi-platform publication, in a civil defamation suit in Delhi; a major tea estate before the Madras High Court as well as the Supreme Court of India; a leading steel plant in various critical matters before the National Green Tribunal, Principal Bench; as well as the court appointed Administrator of a club/association before the Supreme Court, High Court, NCLAT and NCLT – amongst many other varied cases.

    These matters, like all my others, greatly influence my approach to dispute resolution. They reinforce what I believe is a prerequisite to any matter being effectively handled – first, very frankly evaluating the needs and requirements of my client in a solution-oriented approach, and then dynamically exploring the strengths and weaknesses of their case, i.e., whether they would benefit from alternate dispute resolution methods, if at all, etc. I have found that this enables me to best, realistically advise my clients and have their expectations managed from the get-go. In my view, it is very important to have a long-term vision and to have a solution based and practical approach.

    As an Advocate-on-Record, Supreme Court of India, what unique challenges and opportunities do you encounter while representing clients in the highest court of the country?

    I believe an AOR has to be cognisant of the immense responsibility that accompanies its title. Having the right to file pleadings before the Hon’ble Supreme Court of India, an AOR is an integral connecting tissue between the aggrieved party, the arguing counsel and the highest court of the land. Almost on a fortnightly basis, one hears of directives and observations passed by the SC that an AOR cannot merely be a signing authority and file meritless or frivolous petitions. Thus, being an AOR is a balancing act between the needs of the client and the responsibility towards the court, which must be exercised responsibly. It is in fact a privilege. 

    In your opinion, what are some of the critical skills and qualities necessary for a successful career in dispute resolution and arbitration, especially when handling complex cases involving multiple jurisdictions and legal nuances?

    Good question. In my opinion, the first critical quality that is necessary for a successful career as a dispute resolution practitioner is hard-work, hard-work, and hard-work! It is also imperative that no matter how many years of practice have gone by, as a lawyer, one must stay abreast of developments in the legal arena and open to new and challenging ideas. This will greatly facilitate one’s capability to strategize and effectively advise the client. It is also important that one is aware of the changing needs and aspirations of the people of India, the corporate world and the nation as a whole – it will only help in molding one into a lawyer for today and for tomorrow. It is of course also important to have basic ideas about other jurisdictions and build good and reliable contacts with lawyers and experts in varied jurisdictions. The ability to learn fast and on the go is also very critical.  

    Always remember that dedicated hard-work, perseverance, and good relationships will never steer you astray! 

    Lastly, what advice would you offer to recent law graduates aspiring to excel in the field of dispute resolution and arbitration, based on your years of experience and expertise?

    Borrowing, from what I have said above, broadly I would like to synthesise my advice to law students/recent graduates as follows:

    • Sustained hard work and regular reading are your most powerful allies, whether you are a fresh entrant into the practice or a seasoned veteran. It is important to carve out the time to stay updated, accordingly.
    • Stay in touch with your alumni; your mentors; and your peers and seniors at your internships – those who are already practising and take ‘on ground’ practical advice from them. 
    • Further, do not dismiss procedural aspects or courses to the peripheries of your studies. Knowing the ins and outs of CPC is just as important as Constitutional Law or Contracts Law, if not more. Having sound procedural knowledge is vital and will provide for an excellent base/first principles knowledge, when practicing. 

    Get in touch with Vikash Kumar Jha-

  • “Conducting cross-examinations is the true test of a disputes lawyer. It tests your drafting, critical thinking, articulation, strategic ability, presence of mind, knowledge of human behavior and much more. The foremost challenge lies in the exhaustive groundwork that precedes the actual cross examination.”- Rohan Batra, Partner, Anagram Partners

    “Conducting cross-examinations is the true test of a disputes lawyer. It tests your drafting, critical thinking, articulation, strategic ability, presence of mind, knowledge of human behavior and much more. The foremost challenge lies in the exhaustive groundwork that precedes the actual cross examination.”- Rohan Batra, Partner, Anagram Partners

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

    Can you please share the story of how you decided to pursue a career in law, and what specific factors or experiences led you to specialize in disputes, particularly company and commercial disputes?

    The decision to pursue law was not a straight choice but a process of elimination and discovery. Given my family background and as someone who opted for commerce, I was presented with two choices: follow my father’s footsteps as a chartered accountant or pursue my studies in commerce. Right after my boards, I enrolled myself in esteemed colleges like CBS and SRCC.

    In this time, I had developed a keen interest in analysing and comprehending intricate concepts, coupled with a passion for engaging in public speaking. It was during this period that I had the privilege of witnessing the legendary, Late Ram Jethmalani, showcase his extraordinary oral advocacy skills. This experience left an indelible impression, and my intuition directed me to the pursuit of law. Once I decided to pursue law, I naturally gravitated towards disputes or as we litigators colloquially refer to where the real “juice” of the legal profession is. Immediately after the last term, I explored a corporate position placement. However, I ultimately declined, much to the bemusement of my peers who continue to jest about my decision till day.

    With over 12 years of experience in the field, can you walk us through the key milestones and challenges in your career, from joining Shardul Amarchand Mangaldas & Co. to founding your boutique litigation chambers in Delhi in 2019?

    My journey commenced with a stint at a tax litigation firm, Economic Laws Practice. Under the mentorship of Mr. Tarun Gulati, today a distinguished tax senior counsel, who led the Delhi tax litigation practice at the time, I learnt the basics of basics. Transitioning to SAMCO marked a pivotal juncture. Here, I was exposed to the world of arbitration and commercial litigation. I was fortunate to be guided by Mr. Dhruv Dewan, my supervising partner at the time. Under his guidance, I refined my legal acumen and navigated the landscape of challenging yet intellectually stimulating work. In those days, burning the midnight oil was not just a phrase but a frequent reality. I vividly recall a period where I was given the opportunity to single-handedly manage three high stake live arbitrations, overseeing cross-examinations, evidence, and final hearings in a span of twelve months—an arduous yet immensely rewarding experience. Personally, my involvement in the Tata-Mistry legal battle was a watershed moment that transformed my perspective on legal strategy, which was akin to playing a highly strategic chess game. SAMCO, for me, was an institution where every case became a classroom, and every challenge was an opportunity for growth. I am grateful to Mr. and Mrs. Shroff and all my former colleagues for this immensely enriching experience.

    In hindsight and given that I hail from a non-legal background, the decision to establish my boutique litigation chambers in 2019 was characterized more by audacity than meticulous planning. Gratefully, the leap of faith bore fruit. This transition has been instrumental in introducing me to the practice of law, its diverse challenges and putting me on an entrepreneurial journey.

    Your profile mentions your involvement in a 5 Judge constitutional bench, Cox and Kings, before the Supreme Court of India. Could you provide insights into the significance of that case and how it reflects your expertise in arbitration and company disputes?

    My involvement in the constitutional reference before a 5-Judge bench of the Supreme Court of India in Cox and Kings was unexpected. I had the honor of closely working with Mr. Darius Khambata, Senior Advocate, a renowned arbitration expert, in shaping our strategy and articulating our case. Mr. Khambata aptly coined our approach as establishing “guardrails” to manage the expanding purview of the Groups Company Doctrine (GCD)- a legal doctrine rooted in the Chloro Controls India (P) Ltd. v. Severn Trent Water Purification Inc. & Anr. case.

    In the field of arbitration, we observed a concerning trend wherein GCD was being indiscriminately applied to bind non-consenting parties to arbitration. Our task was to conduct a comprehensive analysis of global practices pertaining to the application of GCD, presenting a legal threshold, and spell out safeguards for invoking and applying GCD within the context of arbitration. It is personally gratifying to note that majority of arguments put forth by Mr. Khambata were accepted by the constitutional bench in the Cox and Kings case, which is now the authoritative ruling on GCD in arbitration. For me, this experience underscores the challenge of navigating complex constitutional issues whilst balancing the contemporary challenges in the field of arbitration.

    Congratulations on your Amazon bestseller, “Monk Your Mind: 10 Secrets to Transform the Mind.” What inspired you to write a book, and how do you see the connection between your legal expertise and the themes explored in your book?

    While the direct connection between my legal practice and my debut book is not overt, the book reflects a convergence of two key elements. Firstly, my training as a lawyer played a crucial role in honing the skills necessary for writing a book. Secondly, the professional challenges inherent in my legal career significantly influenced the themes I chose to explore in the book.

    The book fundamentally emphasizes the notion that each individual possesses the capacity to transform their mind and leverage it to achieve their goals. Drawing from the rigors of legal practice I experienced, the book advocates embracing trials in life. It underscores the principle that undertaking difficult endeavors is the catalyst for personal growth and simplifying life, challenging the conventional notion to the contrary.

    What motivated your move to Anagram Partners, and how does your current role differ from your previous experiences, especially in terms of handling alternative dispute resolution, commercial and corporate litigation, insolvency, and bankruptcy?

    Joining Anagram Partners marked the initiation of a new chapter in my professional journey, and the motivation behind this transition was multi-faceted. From a workplace, Anagram Partners distinguishes itself through exemplary work practices- a candid feedback system, constant pursuit of excellence and a focus on executing superior legal strategy.

    Since the inception of Anagram Partners, I have had the privilege of being deeply involved in the disputes practice. Working alongside partners who are eminent legal experts in their respective domains has contributed immensely to my professional growth. It’s here I transitioned from a practice of law to “business” of law. As a firm, we operate as a cohesive unit, and leverage cross-practice expertise. This helps in providing a comprehensive and nuanced approach to handling matters, thereby enriching the quality of advice provided to clients. With its diverse disputes profile, Anagram Partners has not only afforded me the opportunity to refine my legal skills but has also instilled in me a profound understanding of the holistic dimensions involved in legal practice. I am immensely grateful to all my partners for this opportunity.

    Given your proficiency in conducting cross-examinations of witnesses before courts and tribunals, could you share some insights into the strategies you employ and the challenges you face in the process?

    Conducting cross-examinations is the true test of a disputes lawyer. It tests your drafting, critical thinking, articulation, strategic ability, presence of mind, knowledge of human behavior and much more. The foremost challenge lies in the exhaustive groundwork that precedes the actual cross examination. Achieving proficiency in this aspect requires an in-depth understanding of the case from both sides’ perspectives. Prior to formulating questions, I try to wear the hat of not just a lawyer but that also of the witness, the opposing counsel, and even the presiding judge or arbitrator. Although time-consuming, this comprehensive approach not only fosters a nuanced understanding of the case but also provides a strategic edge over potential challenges in the cross-examination process.

    You’ve published pieces on commercial laws, arbitration, and foreign investment. How does your commitment to writing contribute to your legal practice, and how do you approach speaking engagements at both domestic and international fora on arbitration?

    Writing on topics related to commercial laws, arbitration, or the field of law I practice is driven by a genuine desire for self-expression. It is my belief that speaking and writing are strong mediums through which one can articulate, share and influence perspectives on various issues. While the external perspective may be to positiononeself as a thought leader, the intrinsic motivation should stem from the joy of writing and speaking itself. Rather than focusing solely on establishing oneself as a thought leader, authenticity and a true desire to contribute valuable legal insights should guide these endeavours. This is especially if the objective is to be consistent.

    Considering your journey and accomplishments, what advice would you like to share with law graduates who are just entering the field? Are there specific skills, mindsets, or lessons that you believe are crucial for success in the dynamic and challenging world of legal disputes?

    Reflecting on my journey and looking at what lies ahead, thriving in this field requires a combination of specific skills, mindsets, and lessons::

    1. Strong work ethic: The ability to work hard and consistently put in the effort cannot be overstated.
    2. Kaizen Mindset: Embrace a Kaizen mindset- focusing on constant and relentless improvement of your craft. This mindset is key to adapting to the ever-evolving legal landscape.
    3. Openness to learning-  Be willing to learn from everyone, whether they are younger or more senior colleagues. Cultivate the humility of a perpetual student, as there is valuable knowledge to be gained from diverse sources.
    4. Acceptance of Mistakes: Acknowledge and accept mistakes. Ego should not stand in the way of learning and growth.
    5. Ambition: Foster a strong ambition to achieve your goals.

    One thing is certain- a lawyer in a family means the entire family is part of the legal profession. Managing personal and professional aspects, thus, requires constant calibration. There is no optimum work-life balance- it’s the balance that suits you the most.

    In the end, these are only my personal views, which are shaped by my life experiences and observations. Take them with a pinch of salt!

    Get in touch with Rohan Batra-

  • “Arbitration procedures have become more and more complex and unpredictable with time while civil procedure is becoming more and more streamlined”- Ankit Parhar, Partner, Poovayya & Co.

    “Arbitration procedures have become more and more complex and unpredictable with time while civil procedure is becoming more and more streamlined”- Ankit Parhar, Partner, Poovayya & Co.

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

    Can you tell us about your journey and how you ended up pursuing a career in law? What motivated you to choose this profession, and did you always envision yourself working in diverse areas of law?

    The first time I studied the Constitution in school, I was amazed that a single ‘document’ defined our nation, government, laws, freedoms, rights, duties, everything. This got me very interested in the law. As I grew up, becoming a litigator became my default option. Although I was open to exploring other options, nothing else has ever appealed to me.

    After graduating from law school, I was keen on exploring diverse areas of law. In the first few years of my profession, I decided to join law firms that would give me opportunities in as many areas of law as possible. Litigators are always advised to start out at the trial court. So, I joined a firm where I was part of a team handling civil and criminal matters at the trail court.

    In the first five odd years of my career, I was able to gain experience in civil litigation, criminal litigation, arbitrations, regulatory litigation, company litigation, intellectual property matters, consumer matters, tax matters etc. Working in diverse fields in the initial years kept me motivated and gave me the confidence to take on any kind of matter. Even now, having a diverse portfolio of work not only keeps me motivated and excited but also enables me to provide clients with comprehensive and practical advice.

    With over 15 years of experience in civil and commercial litigation, arbitrations, regulatory litigation, and criminal litigation, you’ve had a rich and varied career. What would you say has had the most impact on your professional growth?

    The most memorable and impactful experience for me has been working with excellent seniors, colleagues, and clients over the years. Any complex litigation is always a team effort. Litigation teams mostly work long hours in close quarters. They see each other’s good sides and bad. They challenge and push each other every day. This team dynamic is crucial for every litigator and perhaps plays the most important part in forging your skills.

    Your work seems to span across numerous sectors, from Infrastructure & Real Estate to Banking & Finance to Information Technology. How do you manage to stay well-versed in such diverse areas of law and provide effective representation to clients in each domain?

    It is not only important to identify the areas of law that interest you, but also the areas of law that you have an aptitude for. Once you identify these areas, you need to dedicate some study time every day. I feel that the best way to understand an unfamiliar area of law is to read judgments. I try and read every judgment passed by the Delhi High Court and the Supreme Court in the areas of law that I practice in. It takes a lot of time and discipline, but the insights that you gain are invaluable. Other than that, there are so many good resources to keep yourself updated these days. It is also crucial to meet your clients and other experts in the field and understand the latest developments and issues being faced by them. 

    Arbitrations seem to be a prominent part of your practice. Could you walk us through some of the challenges in handling arbitrations and how you successfully navigate them?

    One of the major reasons that parties choose arbitration is to free themselves from the procedural rigors of civil procedure. The irony is that arbitration procedures have become more and more complex and unpredictable with time while civil procedure is becoming more and more streamlined. The law of arbitration is ever evolving, and legal positions flip every now and then. The recent judgments on Stamp Duty and Arbitration Agreements are a case in point. Therefore, it is very important for an arbitration lawyer to be updated on the present legal position and to anticipate future issues. Failure to do so can land your client in endless procedural hurdles which can take years to resolve. 

    Apart from procedural issues, arbitrations are very fact intensive. For instance, high-stake infrastructure arbitrations normally relate to projects that have taken three to five years to execute. These arbitrations usually involve some technical and scientific issues. There is usually an immense amount of correspondence, records may be scattered, or unavailable, key personnel may have left and so on. Therefore, it is very important for an arbitration lawyer to master the facts to a greater degree than may be required in other proceedings. You need to put yourself in your client’s position and understand the situation that prevailed on the ground. Unless you do this, you cannot present the facts in perspective and ultimately, you will find it difficult to build upon your legal submissions. 

    You’ve also represented clients in proceedings under the Insolvency and Bankruptcy Code. How do you approach these cases?

    The IBC is certainly a work in progress and there are several challenges for every stakeholder. Promotors and Corporate Debtors would say that the law is draconian; Financial Creditors would say that they are frustrated with significant costs, delays, and haircuts; Operational Creditors would say that their interests are not adequately protected; Resolution Applicants would say that they do not get the clean slate that they paid for; the Government and Regulators would say that their claims are being undermined; the Tribunals would say that they are flooded with thousands of petitions and do not have the infrastructure they need. 

    While representing clients in IBC matters, your approach depends on the needs of your client. When representing Creditors, your goal is to get the petition admitted expeditiously. On the other hand, when representing Debtors, your goal is to oppose the admission of the petition or at least provide your client some time or leverage to be able to negotiate a favorable settlement. Representing Creditors and Debtors has its own challenges, but like any litigation, implementing a winning strategy requires preparation and experience. 

    Representing clients in commercial disputes is undoubtedly demanding. What does it take to be a good commercial disputes lawyer? 

    Commercial disputes are very aggressively litigated because of the financial stake involved. When the stakes are high, there is absolutely no scope for any weakness or mistakes. Your pleadings and arguments need to be perfect and precise. Achieving this level of perfection is not easy unless you are willing to work towards it. To handle commercial disputes effectively, you need to have a certain degree of business acumen and a good understanding of the industry. Apart from this, you need to have a strong grasp of contract law and procedural law. Your is not only to resolve the dispute, but to do so as effectively and efficiently as possible. 

    Besides litigation, you have extensive experience in advisory work, providing opinions on commercial contracts, regulatory matters, environmental protection, and more. How do you balance the responsibilities of advisory work with the demands of litigation?

    Balancing litigation and advisory can be challenging at times, but both complement each other. I believe that you can give your clients better advice if you have experience of litigating similar issues in court. Similarly, you can represent your clients better in court if you have been part of the transaction at the implementation stage. For instance, while reviewing a contract, a litigator can provide a new perspective on liquidated damages clauses, limitation of liability clauses, non-compete clauses, dispute resolution clauses and so on. Similarly, if you have advised your client when the contract was being negotiated, you have a better understanding of the transaction and the intent of the parties and can provide better representation should the matter go into litigation. 

    In your secondments with GE India and Wrigley India, you took on in-house roles. How did those experiences differ from working in a law firm, and what insights did you gain from those roles?

    There is a world of a difference between working in a law firm and working in-house. The expectations and requirements are very different. Both have their own advantages and disadvantages. To succeed in either role, you require the same basic legal skills, but you apply these skills very differently. The common thread is that, in both cases, your job is to protect the interests of your client. When you are in-house, you have only one client and when you are working in a law firm you have multiple clients. If you understand this, you can easily transition from one role to the other. 

    Working in-house for some time in the early parts of my career gave me great insights into what in-house legal teams expect from their external counsels. I also understood the day-to-day challenges that in-house legal teams face. This is something that many external counsels do not even consider. At the end of the day, we are providing a service to our clients and understanding their challenges and expectations is crucial.

    As an accomplished professional with years of experience, what advice would you give to fresh law graduates who are just starting their careers in the legal field? 

    The cliché advice about hard work and constant learning holds true without exception. Apart from this, fresh graduates should seek out good mentors and actively build a strong professional network. 

    Get in touch with Ankit Parhar-