Super Lawyer

Tag: commercial litigation

  • “We believe that everyone deserves access to legal representation and justice, and we are dedicated to helping those who face significant challenges.” – Tushar Jain, Advocate-On-Record at the Supreme Court of India the Managing Partner of TJA Law Chambers

    “We believe that everyone deserves access to legal representation and justice, and we are dedicated to helping those who face significant challenges.” – Tushar Jain, Advocate-On-Record at the Supreme Court of India the Managing Partner of TJA Law Chambers

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

    Can you share the journey of how you started your career in law and the key experiences that have shaped your path to becoming the Managing Partner at TJA Law Chambers?  Please walk us through your journey starting from selecting Law as a career and your time at NLU, Jodhpur.

    My journey in law is deeply rooted in my upbringing in Nagina, a small town in District Bijnor of Uttar Pradesh. Despite our humble background, my parents ensured that we received a quality education from the best convent school in the district. As the youngest of three siblings, I was greatly influenced by my father, a dedicated lawyer practising at the trial Courts. Since the court premises were within walking distance from our home, I spent my summer vacations at my father’s chamber captivated by watching him argue in Court. My father noticed my fascination with court proceedings and envisioned me following in his footsteps, aspiring to become a lawyer in the Supreme Court. 

    Early Challenges and Decision to Pursue Law: Tragically, I lost my father when I was in the 12th standard. This loss left a significant void in my life and threw my future into uncertainty. Until I completed my 12th standard, I had no clear direction for my career path. Although I was a student of science, the influence of my father’s legacy and my desire to honour his dreams led me to opt for a career in law after completing my 12th. 

    Academic Achievements: I pursued 5-year law degree with determination and dedication, earning a gold medal for being the University Topper. This achievement not only solidified my passion for the field but also opened doors for further opportunities. In my final year of law school, I also enrolled in a postgraduate diploma course in Cyber Laws at the Indian Law Institute, New Delhi, which required me to travel to Delhi every alternate day. The travel experience in UP Roadways and retuning hometown by train was a time to remember.  After completing my law degree, I worked briefly at the Allahabad High Court before deciding to further my legal education by pursuing an MBA-LLM at National Law University, Jodhpur. 

    Time at NLU, Jodhpur: Choosing to pursue an MBA-LLM degree at NLU, Jodhpur, was a pivotal decision. My time there was transformative, providing me with a comprehensive legal education and shaping my professional outlook. The diverse exposure to life experiences, meeting people from across India, and engaging in various activities significantly transformed my personality. Being from a small town, this meant a lot to me. The rigorous academic environment, coupled with opportunities to participate in competitions and internships, honed my analytical and advocacy skills. These experiences were instrumental in building a solid foundation in legal principles and practice, helping me build my practice and learn to read people better.

    All these experiences of highs and lows in life left a fathomless mark on me and somewhere encouraged to make a bold decision to start my own law firm.  

    You began your career from High Court and subsequently held various managerial roles in legal departments before taking the Advocate-On-Record (AOR) exam and founding your firm. How have these diverse experiences across different legal roles and sectors contributed to your approach to managing and running TJA Law Chambers? What insights did you gain from each phase of your career that have shaped your current practice?

    My journey in law has been marked by a series of diverse and enriching experiences that have collectively shaped my approach to managing and running TJA Law Chambers. Each phase of my journey has provided me with unique insights and skills, which I have integrated into my current practice. 

    I began my legal career at the Allahabad High Court, where I initially did my judicial clerkship under the able guidance of Mr. Justice R.K Agrawal, who was later elevated to become a Supreme Court Judge. This initial experience exposed me to the fundamentals of courtroom procedures, legal research, and the importance of meticulous preparation. It also taught me the value of strategic thinking and the complexities involved in litigation. 

    After completing my post-graduation, I joined various reputed companies as an in-house counsel like GMR Energy, Indus Towers Limited and Sterlite Power Limited to name a few. Working in-house was a distinct experience compared to practising law in courts. Supporting the organization and other departments from a legal perspective taught me a lot about corporate governance, compliance, and risk management. It also highlighted the importance of effective communication, teamwork, and aligning legal strategies with business objectives. 

    Before founding my law firm, I had a short stint at a law firm called Advaita Legal. My distinct experiences allowed me to understand the nuances of private practice, client management, and the importance of building a professional network. It reinforced the need for thorough research, strategic thinking, and delivering client-centric legal solutions. 

    Founding TJA Law Chambers: It was always my dream to have an independent practice, but being from a small town and without a godfather in the profession, it was challenging. Nevertheless, I took the plunge and founded TJA Law Chambers in late 2019 with no significant clients in hand. Shortly after, the pandemic hit, which for my legal practice turned out to be a blessing in disguise. Despite the global challenges, I received work directly from foreign clients, which kickstarted the firm’s growth. There has been no looking back since then, and we are now catering to companies like ONGC, NTPC, EESL etc. 

    Advocate-On-Record (AOR) Exam: With my dream to establish my law firm, I also aspired to establish my practice in the Supreme Court, fulfilling my father’s dream. To this end, I started preparing for the Advocate-On-Record (AOR) exam last year and cleared it on the first attempt. This credential not only enhanced my credibility but also deepened my understanding of Supreme Court practices and procedures. The rigorous preparation for the AOR exam honed my analytical abilities and reinforced the importance of staying abreast of legal developments. 

    What motivated you to pursue the Advocate-On-Record (AOR) examination, and how did your mentor or any influential figures support you through this process? What are your thoughts on the significance of the AOR exam in a legal career?  

    Establishing a practice in the Supreme Court was a way to pay tribute to my father and the values he instilled in me. 

    Self-Guided Journey: Unfortunately, I did not have the benefit of a mentor or any influential figures to guide me through the journey of the AOR exam. This made the journey more challenging but also incredibly rewarding. I had to rely on my self-discipline, determination, and resourcefulness. I meticulously studied the Supreme Court rules, procedures, and landmark judgments. I sought out study materials, attended relevant workshops, and engaged in self-study to ensure I was thoroughly prepared for the exam. Achieving success on my first attempt was particularly gratifying and reinforced my belief in the power of perseverance and self-reliance. 

    The AOR exam’s significance in a legal career cannot be overstated, as it enhances credibility, provides exclusive rights, contributes to professional growth, instils client confidence, and opens up numerous career opportunities. I am now reaping the benefits of becoming an AOR. 

    As the Managing Partner and Founder of TJA Law Chambers, what were some of the significant challenges you faced while starting the firm? Now, after five years, how has the firm’s approach evolved in handling complex cases, and what types of cases have become a focus for your team?

    Challenges Faced While Starting the Firm: Starting TJA Law Chambers came with significant challenges, primarily due to the absence of a godfather or established network and the onset of the COVID-19 pandemic. These factors made business development and client acquisition particularly difficult. The pandemic restricted our ability to engage in traditional business development activities and necessitated a shift to remote operations. One of the initial breakthroughs was receiving our first assignment from clients in London and Luxembourg. This opportunity was crucial, as it involved negotiating and drafting high-stakes agreements across various jurisdictions, including China, Hong Kong, the UK, Russia, and Europe. This international work was a ray of hope, helping to establish our reputation on a global scale. 

    Adaptations and Strategies: Despite the pandemic’s constraints, working from home allowed us to save on office expenses, which was a critical advantage during the early stages. By focusing on delivering the best results for every assignment, we demonstrated our commitment and capability. This dedication paid off as our reputation grew, leading to subsequent opportunities and an influx of work. As a result, we were able to secure empanelment with prominent organizations such as ONGC, EESL, DERC, and Kolkata Port. These empanelments were pivotal in solidifying our presence in the legal market. 

    After five years, TJA Law Chambers has evolved significantly. Holding the prestigious Advocate-On-Record (AOR) designation, we are now well-positioned in the legal landscape. Our approach to handling complex cases has matured in several ways. 

    Our firm has developed deep expertise in representing corporate clients and handling complex legal matters across various sectors. Enhanced Services: We provide comprehensive legal services in areas such as energy law, regulatory compliance, dispute resolution, contract management and advisory services. Our practice now spans several key forums, including Arbitration, the Appellate Tribunal for Electricity (APTEL), various Electricity Regulatory Commissions, the National Consumer Disputes Redressal Commission (NCDRC), the National Company Law Appellate Tribunal (NCLAT), and the National Company Law Tribunal (NCLT), in addition to various High Courts and the Supreme Court. 

    Strategic Growth: The firm has strategically focused on building a strong client base and expanding our service offerings. Our growth is driven by a commitment to excellence and adapting to the evolving legal landscape. 

    Client-Centric Approach: We have refined our approach to ensure that we meet the unique needs of each client, providing tailored legal solutions and maintaining strong, transparent relationships. 

    Do you engage in any pro bono work or community service? How does this aspect of your career influence your professional perspective and personal satisfaction?  

    While we prefer not to disclose specific details, I want to emphasize that TJA Law Chambers is committed to supporting those in need. Our office is open to assisting individuals who are unable to afford legal services, regardless of their financial situation. We believe that everyone deserves access to legal representation and justice, and we are dedicated to helping those who face significant challenges. 

    It enhances our professional perspective, provides personal satisfaction, and strengthens our commitment to justice and community service. 

    The legal field is constantly evolving. What are some emerging trends or challenges in commercial litigation and corporate law that new lawyers should be aware of?  

    The evolving landscape of legal practice increasingly emphasizes the growth of Alternative Dispute Resolution (ADR). Mechanisms such as arbitration and mediation are gaining preference over traditional litigation, primarily for their cost-effectiveness and efficiency. Lawyers must grasp these processes to effectively navigate and resolve disputes, harnessing the benefits of ADR to better serve their clients. 

    Additionally, the impact of technology and artificial intelligence (AI) on the legal field cannot be overstated. AI tools are revolutionizing legal research, document review, and case outcome predictions, providing unprecedented accuracy and efficiency. Lawyers are encouraged to leverage these advancements to enhance their practice, embracing the future of legal technology.

    Staying current with new judgments from the Supreme Court and High Courts is also crucial. As laws, such as the Insolvency and Bankruptcy Code (IBC), continue to evolve, understanding the latest judicial decisions is essential for grasping the development and application of the law. Regularly reviewing these judgments ensures that legal professionals remain informed and adept in their practice.

    Could you share some of the landmark cases you’ve handled throughout your career and discuss the key challenges you faced in those cases? How did these experiences contribute to your understanding of the legal field and what lessons can current and aspiring legal professionals draw from them?

    I have had the opportunity to be part of several landmark cases involving important questions of law. However, one case in particular stands out to me. While it may not be a landmark case, handling it independently had a profound impact on me.       

    This was at the inception of my independent practice. An elderly woman had her pension stopped due to a mismatch in her name in government records. This pension was her lifeline, provided due to her late husband’s job. I took up her case, but unfortunately, she passed away before it was resolved. Despite my repeated requests for an early hearing, citing her dire financial and health conditions, the court did not give serious consideration to expediting the case. This was a disheartening moment for me as it felt like our judicial system failed her.

    The second notable case was my first as an Advocate-on-Record (AOR) in the Supreme Court. It involved the rights of homebuyers in the context of insolvency proceedings under the Insolvency and Bankruptcy Code (IBC). The issue was the denial of rights to homebuyers who did not file a claim form. The Supreme Court has issued a notice in this case, and its outcome could become a landmark judgment for homebuyers’ rights. This case is particularly challenging as current IBC provisions and Supreme Court judgments support the exclusion of those who haven’t filed claims. We are eagerly awaiting the court’s decision as it could introduce a new legal precedent.

    With my limited experience in the legal field spanning over 14 years, I could say that every day presents new challenges, and as legal professionals, we must embrace and welcome them. You strive to achieve the best outcomes for your clients, but sometimes, due to court delays or other reasons, you might not get the desired relief. The important thing is to continue fighting for your clients with the same zeal and dedication.

    There will be cases where you face strong opposition. If you have worked on the minute details and thoroughly prepared your brief, even if the law is not on your side, you will earn respect and recognition in the court.

    Beyond your legal career, what are some of your hobbies or interests? How do they contribute to your overall well-being and professional performance?  

    I am an avid adventurer, thriving on the thrill of exploring the great outdoors. I have summited peaks reaching 16,000 and 14,000 feet, embracing the challenges of high-altitude trekking. My passion extends to biking, swimming, and playing cricket, as I constantly seek new ways to stay active and connected to nature. As a true nature lover, I find immense joy in travelling and discovering new places, immersing myself in the beauty and wonder of the natural world. This blend of physical and mental challenges has enriched my professional outlook, enhancing my ability to tackle complex problems and adapt to various situations with a fresh and dynamic approach.

    With your vast experience, what advice would you offer to current legal professionals and law students who aspire to make a significant impact in their careers? 

    Though I feel I am still on my journey if I were to offer advice, it would be this: Embrace life-long learning, clearly define your goals, create a structured plan to pursue them and always be ethical. With dedicated focus and determination, you can achieve anything.

    Get in touch with Tushar Jain-

  • “Each day brings forth a fresh set of challenges that demand not only legal acumen but also strategic commercial thinking and a nuanced understanding of business dynamics” – Nidhi Arora, Partner at EVA Law

    “Each day brings forth a fresh set of challenges that demand not only legal acumen but also strategic commercial thinking and a nuanced understanding of business dynamics” – Nidhi Arora, Partner at EVA Law

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

     What inspired you to pursue a career in law, and how did your education at ILS Law College and your qualification as a Company Secretary contribute to your professional development?

    I find the dynamic nature of legal work exciting. In the corporate world, the landscape is constantly shifting—new regulations emerge, industries evolve, and global markets interconnect in unprecedented ways. Each day brings forth a fresh set of challenges that demand not only legal acumen but also strategic commercial thinking and a nuanced understanding of business dynamics. Whether negotiating a complex merger, drafting a crucial contract, or navigating regulatory hurdles, I am driven by the impact my work can have in value creation for my clients and the broader business community.

    ILS Law College, with its strong alumni and emphasis judicial services focuses on jurisprudence-based teaching, which gave me a robust foundation of legal practice and legal perspective. Complementing this, my Company Secretary qualification offered a comprehensive grasp of corporate law procedures. I believe having dual degrees positively enhances my credibility, reinforcing my ability to deliver comprehensive legal counsel.

    With extensive experience in corporate transactions, what are some of the most challenging deals you have worked on, and what were the key factors that led to their successful closure?

    I recently concluded a brand acquisition which involved bifurcation of a long-standing family business. The transaction involved complex nuances of brand identification and family settlement. In such transactions, there are multiple layers of commercial and legal negotiations involved. Bringing all the elements together under one umbrella was a challenging task. The transaction’s success hinged on rigorous due diligence, effective communication among stakeholders, extensive negotiation rounds, and a comprehensive grasp of regulatory framework. Skillfully navigating these intricate challenges and anticipating potential hurdles was pivotal in achieving a seamless transaction. My team’s ability to navigate these complexities and foresee potential obstacles was critical in ensuring a smooth transaction.

    How do you approach mentoring junior lawyers at EVA LAW, and what qualities do you believe are essential for their growth and success in the legal field?

    At EVA Law, we’ve consciously moved away from the traditional hierarchical culture that is common in many law firms. Our approach to mentoring junior lawyers involves fostering an environment where designations and titles take a backseat in favour of hands-on experience, open dialogue, and regular feedback.

    We encourage junior lawyers to immerse themselves in real-world legal challenges from the outset. Practical experience is invaluable, and we ensure that they have opportunities to work directly on transactional documents and negotiations. This hands-on approach not only builds their confidence but also sharpens their analytical skills and deepens their understanding of legal complexities.

    We prioritise continuous learning and the importance of effective research, because a fail-safe differentiating factor that a young lawyer can have is ‘knowledge’. We encourage our lawyers to be approachable and reliable, qualities that build trust and enhance collaboration within the team.

    From your time as an Associate at Thakker & Thakker to your current role as a Partner at EVA LAW, what are some of the most significant lessons you have learned that you would like to share with young legal professionals?

    As an associate, I was often tasked with reviewing extensive documentation, which underscored the critical importance of attention to detail. Ensuring accuracy and thoroughness in these tasks established my reputation for reliability among peers and superiors. In my role as a Partner at EVA Law, I am required to think beyond the immediate legal issues and consider the broader business implications of my advice. One invaluable lesson which I would like to share is that as a lawyer one should constantly question the rationale behind our actions. This vision drives us to delve deeper into our work, gaining a thorough understanding of our decisions and ultimately enhancing our professional capabilities.

    Another significant lesson I learned early on was the importance of accountability and that one should not have an ‘employee mindset’. Even as a junior lawyer, I took a lot of pride in my profession and felt personally answerable and accountable to the client, before sending any draft to a senior.

    To young legal professionals, I would advise that while legal knowledge is fundamental, the ability to connect with clients and colleagues is equally essential. Strive to be reliable and approachable, and always be prepared to go the extra mile to deepen your understanding of the law and its application.

    As a prominent female leader in the legal field, what challenges have you faced, and what advice would you give to young women aspiring to enter and excel in this profession?

    I feel fortunate to have had incredibly supportive mentors who have treated me as an equal and provided me with the flexibility to manage both my professional and personal responsibilities effectively. Building rapport and trust with colleagues and mentors, irrespective of gender, is crucial. My mentors could always rely on me to balance my professional engagements while having a fulfilling personal life.

    For young women aspiring to enter and excel in the legal profession, my advice is to remain confident in their abilities and seek out supportive mentors who can guide and advocate for them. It is equally important to advocate for oneself, assert your value, and consistently strive for excellence in all aspects of your work.

    Have you been involved in any pro bono work or initiatives? How do you believe legal professionals can contribute to social justice and community service?

    Pro bono work represents a crucial avenue for legal professionals to contribute to social justice and community service. Legal professionals can contribute to social justice through pro bono work by advocating for marginalized communities, supporting nonprofit organizations, and assisting individuals facing legal challenges.

    What is your vision for the future of EVA LAW, and how do you plan to contribute to its growth and success in the coming years?

    Given our strong foundation and the significant strides we have made in just under a year, my vision for EVA Law is to continue focusing on its expertise, client-centric approach, and innovative solutions in the legal landscape. Client relationships will always be at the core of EVA Law’s success

    What motivated you to pursue the Company Secretary (CS) qualification alongside your LLB, and how has this dual qualification benefited your legal career and the clients you advise?

    The motivation to pursue the CS qualification alongside my LLB stemmed from a desire to deepen my understanding of corporate governance and regulatory compliance. This dual qualification has enabled me to provide holistic legal advice that encompasses both legal and corporate governance perspectives, thereby adding significant value to the clients I advise.

    Outside of your legal career, what personal hobbies or interests do you pursue, and how do they contribute to your overall well-being and professional performance?

    Beyond work, spending quality time with my family is a top priority. After work hours, I look forward to going home to my daughter, who eagerly waits to share every little detail about her day. This time together is incredibly precious, and it helps me unwind and recharge. Being involved in her life while being able to effectively contribute and enjoy my work brings a sense of fulfilment and joy that balances the demands of my professional life. In addition to family time, I have found yoga and meditation to be immensely beneficial for my overall well-being. Practicing yoga and meditation provides a much-needed mental respite from the pressures of work.

    Get in touch with Nidhi Arora (Gulati)-

  • “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-

  • “The profession of law was love at first sight, and the bond between me and the legal profession has only grown stronger over time. There has been no looking back, not even a moment of doubt. I have thoroughly enjoyed it.” – K G Raghavan, Senior Advocate at High Court of Karnataka.

    “The profession of law was love at first sight, and the bond between me and the legal profession has only grown stronger over time. There has been no looking back, not even a moment of doubt. I have thoroughly enjoyed it.” – K G Raghavan, Senior Advocate at High Court of Karnataka.

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

    Coming from a family with a strong legal background , did you ever consider pursuing a career outside of law?  How did you eventually decide to follow in our family’s footsteps, and what challenges did you face in your initial days as a lawyer?

    I believe each person must carve out a profession for themselves based on their capabilities and interests. However, it is a reality of life that, when making a career decision, individuals are consciously or unconsciously influenced by the career choices their parents have pursued. I was no exception. My father was a leading and well-known lawyer during his time. I saw him put in long hours of hard work and be sought after by many. But what influenced me significantly in my career decision-making was the great respect and influence he commanded across a cross-section of society. I believed this was because of his position as a lawyer. In later years of my practice, I realized this was true. My father conveyed through his career that the legal profession was unique in various ways. It was intellectually elevating and honorable in its practice; lawyers were highly respected and commanded a following. I closely watched my father’s analytical skills, which he applied to matters of public importance, domestic issues, philosophical and religious thoughts, and more. I admired his approach to men and matters, which I attributed to his being a lawyer. My father did not actively promote the idea that I should pursue the legal profession; it was my decision, which he supported. Considering my father’s quality of life, I must frankly admit that I did not even consider a profession outside of law. The profession of law was love at first sight, and the bond between me and the legal profession has only grown stronger over time. There has been no looking back, not even a moment of doubt. I have thoroughly enjoyed it.

    Being a lawyer’s (later a High Court Judge’s) son had both benefits and challenges. The benefit I derived at the operational level was not very significant because there was a large gap between the time my father stopped practicing and when I started. Nonetheless, the benefits were obvious—infrastructure and the reputation of being so-and-so’s son. However, the challenges were quite intimidating. First, every action of mine and every expectation from me would be compared to my father’s. Any slight deviation would be met with skepticism. Second, I faced the overwhelming challenge of proving myself worthy of being my father’s son. I realized fairly early in my career that no one can ride on the reputation of another, no matter who the other may be; you have to prove your worth. Clients will not stay unless they develop confidence in you. A father’s reputation can take one up to a point and no further. In this profession, everyone has to carve out a niche for themselves.

    How did your father’s career as a judge influence your approach to law and justice?

    As a judge, I have noticed my father being equally concerned with the problems of a small person and a matter involving high stakes. He would tell me how, in reality, that small person had more at stake in the litigation than the so-called big one. For the former, it was a case of livelihood, while for the latter, it was generally not. Sympathy for the less fortunate was his guiding factor. This has had a significant impact on my approach to my career. This perspective has always remained in the background, even while being deeply involved in commercial law practice.

    For example, as a legal advisor for a large public sector corporation, I would receive numerous files for opinions regarding the title for granting house loans to Class IV employees. If I had strictly applied all the rules of title due diligence, none would have qualified for the loan. That would have shattered the dreams of these families to buy or construct a small home. My heart did not permit that approach. I relaxed the rules and cleared the titles on a “by and large basis.” This approach was largely influenced by my father, balancing law and humaneness. I am thankful for that.  

    During your tenure as partner at Dua Associates, you managed a large team and handled litigation practice nationwide.  What were the key lessons you learned from that period which you still apply today, and what led to your decision to leave the firm and become Senior Advocate?  What were the main factors that influenced this career move?

    During my tenure as a partner at Dua Associates, I interacted with numerous lawyers across the country and beyond. I also dealt with several in-house counsels of multinational corporations. This experience broadened my horizons. I realized that everyone has their unique way of approaching and solving problems, and no one was 100% right or wrong. Incorporating thoughts from all quarters, from senior to junior, enabled us to find the best possible solution to a problem. This was especially true because the lawyers came from different backgrounds and jurisdictions. Some adopted a legalistic approach, others a commercial approach, and a few a practical approach. Each one had their domain expertise. This opened my eyes to the fact that team effort is always more beneficial than when a problem is handled by a single lawyer. No one can have knowledge in all branches of law, and invariably, legal issues have different angles. This exposure humbled me to realize that no one can claim to be superior to another, and each has their role to play, which is as important as the others. This experience has stood me in good stead even today as a Senior Advocate, as I have continued to respect the approach and views of lawyers and in-house legal counsels.

    Counsel practice is an art in itself. I realized that my strength lies in that field. I wanted to spend more time sharpening my skills rather than spending time in the actual preparation of briefs through direct client interaction. This is what influenced me to change the course of my practice, even though I have always enjoyed client interaction and strategizing. My stint at Dua Associates has been the most enjoyable phase of my career. Designation as a Senior Advocate during my time was by invitation and not by application as it is today. Generally, when one is invited to take the silk, it is considered an honor and recognition and therefore not refused. Once conferred with the designation, in my view, continuing as a partner of a law firm was not an option.

    Since being designated as a Senior Advocate in 2008, how has your approach to handling cases evolved? What are the unique challenges and responsibilities that come with this title?

    The first challenge of being a Senior Advocate is to sift the grain from the chaff. That is what I have consistently applied in my role as a Senior Advocate. The briefing counsel will, of course, tell me all the facts and issues involved in the case as they should. It is up to me to pick the best points and highlight them to the court. The second challenge is the manner of presenting a point. It is essential to present it in the most persuasive manner. This requires quiet and deep deliberation even before entering the courtroom. I have rehearsed the opening sentence of a case in my mind several times before uttering it in court. If you engage the judge in your case within the first few minutes, a large part of the case is won.

    Duty towards the court and the client is common for all advocates, whether designated or not. The unique challenge and responsibility of a Senior Advocate is towards the briefing counsel. It may be that the briefing counsel is not yet experienced or is lacking in preparation. I would not highlight this in a conference where the client is present, as it would damage the interests of the instructing counsel and/or demotivate them. The art is to gently suggest a corrective course without injuring anyone’s interests. In many instances where I found a fundamental error in the approach or advice of the counsel on record, I have separately called the lawyer and pointed out the error, suggesting corrective action. I believe this to be the duty of a Senior Advocate towards the briefing counsel, in addition to the duty and responsibility towards the court.

    As the Chairman of the Bhavan’s BBMP school, you are deeply involved in educational initiatives for underprivileged children.   Can you tell us more about this role and its impact on the community?

    Our school has over 850 children, most of whom come from the neighboring slum areas. Facilities like electricity, water, and internet connection, which we tend to take for granted, are a luxury for them. The parents come from economically and socially disadvantaged sections of the community. A school-age child is considered another working hand and a potential earning member. In this atmosphere, it was initially a challenge when the school was started to promote the concept of education among that community. After 15 years, we have come a long way. Today, the parents and children are very enthusiastic about the school. Promptly at 8 am, the children arrive at the school, neatly dressed in their uniforms and well-groomed. Seeing these enthusiastic children at school, who might otherwise have been directionless, is a divine experience. The school is an English-medium institution with a CBSE curriculum. The school and the children always remind me that if given the opportunity, children will grow up to be responsible and civil citizens. The biggest mistake and crime is in not providing opportunity, and this thought has always haunted me. In fact, before our school was established, the area was noted for its high crime rate. Now, the police authorities tell us that the crime rate has significantly decreased because the children are the best change-makers.

    You regularly contribute to Deccan Herald and other publications on legal and philosophical topics. How do you find time for writing, and what motivates you to share your insights through these platforms?

    If one has the interest in doing something, finding time is the least of the impediments. What motivates someone to do something is a genuine interest in that activity. That is the simple answer to the question: how do you find time to write? The sheer desire to write and engage with a reader of average intelligence is what truly motivates me. My target is not the learned or the wise but those who have the interest but don’t know how or where to begin. My desire is to kindle their interest in both the subject and the art of communication. In other words, to provide food for thought.

    Looking ahead, what are the areas of law that you believe will be most critical in the coming years, and how should the legal profession prepare for these changes? What advice would you give to the young law students and budding lawyers who aspire to make a successful career in law? What skills and qualities should they focus on developing?

    Roscoe Pound famously said, “Law is social engineering.” This has always been true, and it is even more relevant today and in the future as times change. The aspirations of people and social norms are evolving rapidly. Gender equality, same-sex marriages, live-in relationships, LGBTQ rights, privacy obligations, and other issues now occupy center stage in public debate. Notions of morality that were once accepted and taken for granted are changing, and the law must keep pace with these changes.

    In my view, these issues will be critical in the coming years, and lawyers and law students must think outside the box to find legal solutions to complex social problems. Additionally, the changing demands of growing technology and transborder relationships—whether personal, business, or professional—must be addressed. The world is becoming increasingly interconnected, and relationships are becoming more seamless. Lawyers and legal researchers can facilitate this change and make the world a better and more peaceful place.

    Focusing on these and other emerging branches of law will enable a budding lawyer to succeed in their career. To achieve this, one must develop a thirst for knowledge from all over the world. A successful lawyer should excel not only in the legal field but also cultivate an interest in subjects unrelated to law. It is essential to remember that one is a human being first and a lawyer second. Developing the quality of being a good human being is fundamental.

    Furthermore, a lawyer should develop effective communication skills. Learning languages without any mental blocks is crucial, with English being a must. Knowledge and communication skills should go hand in hand with analytical skills. Analytical skill is an art that one can develop only through conscious practice. This can happen if you commit to understanding an issue fully before proceeding further. Finding a solution is the next step.

    With the rapid advancement of technology, how do you see the role of technology influencing the practice of law? Are there any particular tools or technologies that you find indispensable in your work?

    Technology today has permeated all aspects of our lives and activities, and the practice of law is no exception. In fact, the practice of law should embrace technology more and more so that we lawyers become more efficient in providing services to our clients and assist the court in dispensing quicker justice. I have personally benefited from technology. I am able to present arguments in court without physical papers as I have fully adapted to technological tools like Liquid Text. I find myself faster and more efficient in locating a particular document or fact in a large brief using this technology. The adage “Change or Perish” is truer today than ever before. However, a warning: Technology should supplement our intelligence, not supplant it. Innate intelligence, not artificial intelligence, is the core strength of a lawyer.

    Over 45 years of practice, you have represented numerous high profile clients.  Can you share a particularly memorable case that had a significant impact on you personally or professionally?

    “It is difficult to pinpoint a particular case among the many I have handled in my career. I am who I am today, both as a human being and as a lawyer, because of the amalgamation of lessons learned from various cases. It has been a profound study of human traits and behavior. No case is too big or too small; each has its own lessons and morals to impart, aiding in personal evolution. This defines my approach and personality.”

    With such a demanding career, how do you unwind and relax after a long day in court?  Do you have any hobbies or routines that help you maintain a work life balance?

    The legal profession is a demanding endeavor. Therefore, one must be vigilant not to become so absorbed as to lose the joys of life. I am fortunate to have largely mastered the skill of drawing boundaries, although my family might disagree. Early in one’s career, one should enjoy what they do; as one progresses, they should do what they love. This is a nuanced art, and I am fortunate to have made significant strides in that direction. Whether one likes or loves their work, nothing becomes a source of stress. This is the key to unlocking relaxation and alleviating stress. Writing, reading, religious, and social activities are my ways of unwinding. I particularly enjoy traveling and sightseeing. As I mentioned before, when you are passionate, time never feels like a constraint. 

    neigneighbour

    Get in touch with K G Raghavan –

  • “A good cross-examination has the potential to turn litigation in your favor. Every day in a lawyer’s life is an experience and a learning.” – Rajesh Ramanathan, Partner, Factum Law

    “A good cross-examination has the potential to turn litigation in your favor. Every day in a lawyer’s life is an experience and a learning.” – Rajesh Ramanathan, Partner, Factum Law

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

    What motivated you to pursue a career in law, and could you walk us through your journey from your early days in law school to becoming a partner at Factum Law? Additionally, could you share some of the challenges you encountered during the initial stages of your career and how you overcame them?

    The Question should be ‘Who?’ and not ‘What?”. I owe my professional life to my grandfather Mr. V.V. Ramanatha Iyer who was a prominent Lawyer in the Vellore District. As a school going kid, I used to accompany my grandfather to the Munisiff Court at Ranipet where he predominantly practised. It was his wish that I take after him. I joined Law School much against the wishes of my mother who like many others at that time thought that I would end up a Lier to be a successful lawyer. It took a while to convince her and she reluctantly agreed after I promised her that I will not Lie. It was my grandfather who sowed the seed in me to be a Lawyer and it was he who taught me that a Lawyer can be honest, truthful and successful. Legal education in those days were more theoretical unlike today and we hardly ever stepped into a Court during our Law School days. Of course there were quite a few exceptions to this and a few of my friends started interning quite early. 

    But I was a Reluctant Lawyer, when for the first time I set foot in Court almost 29 years ago.  Growing up, I was very quiet, reserved and had all qualities uncharacteristic of a Litigating  Lawyer. When I started my practise as a junior to my grandfather at Ranipet, I was just happily  going around the corridors of the Subordinate Courts as a privileged grandson but without actually knowing the fundamentals of being a Lawyer. I  felt I was in the middle of a jungle with  my eyes tied shut. I did not know what was happening.  I became a lawyer because of my  Grandfather and also because I did not know what else to do with my life.

    What inspired you to specialize in contentious and non-contentious litigation in areas such as IP, corporate, and commercial laws?

    When we started our careers as lawyers, we had only two options. Either to litigate or go inhouse. Since I followed my grandfather’s footsteps, contentious and non-contentious litigation was the obvious choice. But to sustain and keep up with that choice is a completely different challenge. I would say, Intellectual Property Rights and Commercial Laws chose me rather than me choosing them. A year into practice, my illustrious grandfather advised me to relocate and start afresh with a good Senior Practitioner at the Madras High Court. He felt that the Subordinate Courts were being bifurcated and it would be difficult for me to run around from one Court to the other in the Vellore District of Tamil Nadu. I am glad I took his advice and moved to the High Court where I was given the opportunity to join the chambers of Mr. V. Veeraraghavan, one of the most prominent Lawyers in the field of Intellectual Property Law in Chennai then.  It was more like an institution where we got to learn the practice of IPR and commercial Litigation. Mr. Veeraraghavan was instrumental in tutoring many other stalwarts like Mr. Prabhakara Reddy and Mr. Perumbulavil Radhakrishnan who were also my mentors and still continue to guide me in my journey.  All these mentors inspired me and continue to inspire me to do well. And IPR as a subject is so unique and different from all the other areas of laws, it is but natural to be drawn to this area of specialization.  

    We noticed you’re a senior panel lawyer for ‘The Institute of Chartered Accountants in India.’ How did this collaboration come about, and what does your role entail?

    I have been a Senior Panel lawyer for ICAI  the past few years. The collaboration started after a process of application and selection through an in person interaction. As a Senior panellist, I am entrusted with representing ICAI before the Madras High Court in select matters of complex legal issues. It has been both a learning and a rewarding experience representing one of the premier Statutory Bodies of the Country. 

    Given your extensive experience, what advice would you give to aspiring lawyers looking to specialize in intellectual property law?

    The Legal profession generally is a very noble profession which is also very satisfying and rewarding to all the genuine practitioners. I would most certainly tell all the youngsters who are looking at Law as a career, that honest, sincere hard work would make you very efficient and successful. It is imperative to believe that a lawyer is allowed to interpret a law but not facts. 

    Our profession has spread its wings far and wide now in terms of the avenues for a lawyer to get into. Earlier a lawyer had no other alternative but to either choose litigation or become an inhouse Counsel. But the options that are now available are much more. However,  It is my firm view that every lawyer on their enrolment should litigate in any Court of their Choice and convenience for a minimum of three years before choosing any other option. Because Litigation teaches us everything that one needs in life including Man Management. Right from just seeking an adjournment, to substantial arguments it is just an art. I always believe that the lessons a young lawyer learns from litigation in the first three years, would keep him/her in good stead for the rest of his/her life in whatever they choose to do.  So my first advice, if I may call it, is to gain experience as a litigator for a minimum period of three years before they decide to opt for any other avenues of the profession. 

    As for Intellectual Property Rights, this is the only area of law whose value stems from the public perception of such IPR (except Patents of course) and therefore every case would be different from the other. This is also a subject that just keeps evolving with every new invention and/or creative work. This to me is the unique aspect that makes it even more interesting than any other areas of law. The entry of AI now is taking to  different heights and it would be interesting to see where else it goes. 

    Can you share any insights into the legal landscape in India, particularly in terms of intellectual property rights and brand protection strategies?

    The Legal landscape is pretty promising as I believe that India of all the Major economies of the World has the best IPR protection in terms of Statutory Laws. Having said that, I also believe that we have to improve a lot in its implementation. Our Judiciary has been doing a lot to improve/ fasten the time for delivering Justice which by itself is no mean feat considering the population and the number of Judges we have. 

    As for strategies, I keep thinking that the brand owners take a long time to realise the potential value of their IPR’s and more often than not, the time delay in seeking Statutory protection by way of registering one’s brands or Patenting their new invention results in them losing value. Statutory protection of IPR’s should be the first on the agenda for a brand to be valuable. Registering a brand alone is not enough but maintaining it and protecting it from infringement at the right time is also equally important. In my little experience, I have come across quite a few brands losing their brand value just because they did not take action at the right time. It is also imperative for brand owners to understand that the cost and expenses for protecting and maintaining their brand is more of an investment than just an expense. 

    Looking back at your career journey so far, what are some key milestones or turning points that have shaped your professional growth and approach to law?

    Looking back, It just amazes me that I am able to sustain in this competitive field and quite well. I would like to think that the entire Universe comes to your aid if you just keep working without thinking about the result or the consequences. I take this opportunity to thank all my Seniors who nurtured/ mentored me and who still guide me in my journey. There are quite a few turning points since the day I started my career as a lawyer. I very vividly remember my Grandfather’s loving advice to relocate to the High Court and the day I joined the Chambers of my Senior Mr. V. Veeraraghavan who helped me transition into a High Court Practitioner. 

    The year I spent at the Franklin Pierce Law School in the USA would be the turning point or a milestone in my career. It is not only the Legal Skills I acquired there that made it a milestone, but the people I met there and the multi-cultural life that I was introduced to, changed me as a person. I went in as an Indian and returned as a true International. I still am in touch with most of my friends and teachers and I will always cherish my year at my alma mater. This camaraderie with all these people in a foreign Country for one full year taught me to be affable and friendly to all and guides me in my approach to the Legal Profession even today. Starting our own firm ‘Factum Law’ in the year 2017 was another key turning point in my professional life and with the right people to work with, this has been a very interesting and rewarding journey so far. 

    The International Trademark Association of which I have been a member since 2008, has also shaped my knowledge throughout. The Annual Meeting every year and the opportunity to meet thousands of IP practitioners from around the world in one place is always satisfying. This also helps me and my colleagues in keeping ourselves updated with all the developments of Law around the world. 

    None of this would have been possible if we did not have the right team to depend on. I am eternally grateful to all my team members for being with me through thick and thin. Thanks to them I am certain of many more milestones in my Professional life. 

    Reflecting on your time at UNH Franklin Pierce School of Law, could you share your experience and highlight any notable differences you observed between the educational approach there and the legal education system in India? How do you think these differences have influenced your practice of law?

    The life I spent at Pierce Law is the most memorable and life changing. I would be failing in my duty if I don’t credit Pierce Law for all of my achievements so far in my life and whatever I am destined to do more in this professional life. The Education system is more pragmatic whereas we in India still focus on theory. I am however told that it is changing here as well. There are no lectures in the US education system but only discussion. Which means you have to be prepared to be part of the discussion in every class. And you will be tested in the exams only on the discussion you had in the class. So it is imperative that you are well prepared even before attending the class and you get to participate in the discussion. This I believe is the most pragmatic way of teaching subjects and I hope Law Schools in India follow suit on this kind of pragmatic education. This has greatly influenced my thinking and my preparation for a case. 

    As a faculty member at EBC Learning and an alumnus of the Franklin Pierce Law Centre, do you incorporate your international experience and the teaching methodologies you encountered during your LLM into your approach to teaching? If so, how do you adapt these methods to suit the needs of your students and the legal education landscape in India?

    Whenever I get the opportunity to address  the students on some topic of interest, I make sure I follow the lessons learnt at Pierce Law. That of being pragmatic in my approach. So I try to make it an interactive session rather than just a lecture. This certainly aids in the students improving their thought process and their knowledge. This approach is imperative for Lawyers. I am also of the view that no Law school or college in India produces  Lawyers. They can only produce a good Law Student. It is the legal practice that moulds a student into a lawyer and that takes a minimum of three years. So a pragmatic approach would equip the students better in their transition to a professional lawyer. 

    Could you walk us through what a typical workday looks like for you, and how do you ensure you stay updated on the latest developments in the legal field amidst your busy schedule?

    Life of a lawyer is very demanding and unless we are prepared to sacrifice that ‘me time’, it will be very difficult to succeed. There are times when one feels overburdened but that comes with the territory. A typical day for me starts at 9.30 AM if not earlier. That depends on my Court work. Evenings are spent in preparing for the next day’s work and so on and so forth. Law journals and commentaries accompany me many times even in my travels. There can never be a day where a lawyer can say or feel he knows everything and the day one feels as such, would either be his last day of practice or after his retirement. Since Law is something that keeps evolving and changing with times, we as lawyers have to keep updating all the time. So I would only say ‘keep working’ to keep updated. 

    Do you remember the first time when you fought a case? Please tell us some anecdotes that happened in the courtroom.

    Very Vividly. That was my second day at the Madras High Court. I was asked to appear for a contemnor in a Trademark Infringement case against a formidable and successful lawyer who later became a Senior Counsel. I remember struggling to even mouth ‘May I please your Lordship” and the Judge had to lean forward to hear me. I was so nervous that I didn’t even know how I reacted in a room full of stalwarts. Within a few months, I became better at it and started enjoying my appearances in the High Court. Full credit to my senior who constantly encouraged me. It is those opportunities that I got from my seniors that exposed me to successful litigation early in my life. 

    Could you share with us one of the most interesting and challenging cases from your career that still resonates with you, and walk us through the complexities you encountered and how you navigated them? 

    There are quite a few. Particularly at the beginning of my career where I was assisting a Senior Counsel in a Trademark case. It was an appeal and the Senior Counsel appearing for the Appellant swayed the Bench completely in his favour. It looked as though we wouldn’t even have a chance to argue. 

    When it was our chance, all we did was to pick some errors in the Appellants documents and in no time the Division Bench turned in our favour. It showed me what presence of mind and a thorough knowledge of every single piece of paper filed in Court could do. That was a lesson I carried all through my life and I still make it a point to thoroughly study the files. You never know where the spark would come from. 

    I have also enjoyed my experiences in appearing in trial Courts and conducting cross examinations. One can never be fully prepared to cross examine a witness and a presence of mind is most essential to be a successful trial Lawyer. Conducting trials is an art by itself and every Law Student should expose himself/herself to the art of cross examination. A good cross examination has the potential to turn litigation in your favour. I will end by saying that every day in a Lawyers Life is an experience and a learning. I most certainly love the challenges that this profession throws at me every single minute.

    Thank you 

    Get in touch with Rajesh Ramanathan-

  • “Spending hours in a counsel’s chamber helps you develop a unique relationship with each counsel, learn their craft, and eventually shape your own style of argument.” – Sanchari Chakroborty, Founder and Partner at SC&A Legal

    “Spending hours in a counsel’s chamber helps you develop a unique relationship with each counsel, learn their craft, and eventually shape your own style of argument.” – Sanchari Chakroborty, Founder and Partner at SC&A Legal

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

    Reflecting on your journey from your early days, could you share what inspired you to pursue a career in law? Additionally, what were some of the challenges you encountered during your initial days in the legal profession, and how did you overcome them to carve your path to success?

    Looking back, I can’t claim to have been an exceptional student in school or college. I couldn’t take my studies very seriously and often missed classes due to chronic asthma. My long absence from classes owing to my health conditions made it challenging to keep up with my studies. As I grew older and my health improved, my academic focus increased.

    I pursued humanities instead of science because of my health issues, and my parents never pressured me academically. Despite my humanities background, I always wanted to pursue a professional course. In 2004, during school counseling, I was introduced to the idea of a career in law. The growing importance of corporate law and the growing diverse role of lawyers made this path even more appealing.

    Around 2004 and 2005, the changing landscape in the Indian industry and the shift in macroeconomics globally led me to consider law as a career. Furthermore my personal experiences with family legal issues highlighted the need for proper legal guidance and the challenges faced by the common man. This motivated me to specialize in litigation.

    Starting my legal practice was challenging since I came from a family with no lawyers. I realized I had to actively seek opportunities rather than wait for them. I conducted research online to begin my journey. I listed around 10 to 15 law firms in Kolkata to approach driven by my anxiety before our final exams. Coming from a state university and with no guidance in this filed, starting a career in litigation can be befuddling.

    Alarmed by the situation, I realized it was time to take action. I started knocking on the doors of various law firms, forwarding my CV, and requesting internship opportunities. Among the 14 to 15 firms I approached, one offered me a full-time internship for a month or two in the year 2009.

    I wanted to start with District courts since most litigations in India take place there. I took two months of training in the district courts of West Bengal. In August or September of 2009, I secured an internship at Victor Moses & Co. a reputed law firm in Kolkata, where I would eventually spend seven years and assist the Senior-Most Partner, Mr. D.N.Mitra, who had been a great force behind me always.

    The initial challenge, as a first-generation lawyer, was turning the internship into a job opportunity. It’s crucial for young interns to understand that internships are the chance to demonstrate interest, perseverance, and resilience. During my internship, I sought out work, often staying until 7:30 or 8:00 PM, sometimes even later. It was about becoming an integral part of the firm and getting involved in important projects. This approach turned my internship into an opportunity to work in that Firm.

    As by litigation practice commenced, one of the most initial challenges we encountered revolved around timing. We had to attend late night conferences for the next day matters which often started at 10 .00 PM at the night and went on till late. The absence of modern conveniences such as Uber or Ola, coupled with the lack of a family vehicle, rendered late-night commutes a formidable task. Nevertheless, confronting these adversities served to fortify our resolve. Presently, the advent of technology and the prevalence of virtual conferences (VC) have considerably alleviated such difficulties. In fact Virtual Platform has become the norm today for late night conferences, however, during our time, such luxuries were non-existent, thereby instilling within us a profound appreciation for industriousness.

    Carrying physical copies of briefs, sometimes 10 to 12 volumes, and multiple books was another challenge. Nowadays, an iPad can hold all the necessary documents, but back then, it wasn’t an option. But I feel  these experiences made us tougher and erased any fear of hard work. The challenges we faced then make current tasks seem easier by comparison.

    Another advantage of those early days was building unique relationships with each counsel and their juniors and  clerks in the chambers. Spending hours in a counsel’s chamber allowed us to learn closely from their unique styles of argument and advocacy. This exposure to various schools of advocacy became a foundational stone for later success. It helped in developing my own skillset and the methods that my firm now uses in litigation.

    The initial grind in the litigation industry is a preparation phase that tests resilience and determination, which are essential for surviving in a dispute resolution profession. Once you pass through this phase, it becomes a journey of continual progress.

    As a member of various prestigious institutions like the Confederation of Indian Industry (CII) and Indian Women Network (IWN), how do you think being part of such networks has influenced your professional growth and the growth of SC&A Legal?

    As a lawyer and the founder of a law firm specializing in commercial litigation, staying updated on emerging policies, industry news, and trends is crucial. We must also understand new rules, regulations, and their economic rationale to guide our clients proactively. The Confederation of Indian Industry (CII) plays a significant role, offering a platform for lawyers to engage with key stakeholders across various industries. CII organizes events, conferences, and seminars, facilitating meaningful discussions with business leaders, policymakers, and fellow professionals, which fosters collaboration and knowledge exchange. Additionally, CII’s research reports and policy advocacy efforts keep us informed about emerging trends, regulatory developments, and business opportunities. This enables us to better serve our clients and stay ahead in a dynamic business environment. CII has significantly contributed to our professional growth, helped SCA expand its client base, and kept us updated on industry-specific challenges and opportunities.

    Furthermore, the Indian Women Network (IWN) wing of the CII has been instrumental in connecting me with inspiring women leaders who make exceptional contributions across various industries. As an entrepreneur, facing isolation in your growth path is common, and during such times, support from a community of motivators and inspirers is invaluable. Under the leadership of Sujata Guin, Senior VP of Apeejay Surrendra Park Hotels Limited, and Smita Chatterjee, CEO of Centreax, IWN is reaching new heights and positively influencing many lives.

    SC&A Legal specializes in dispute resolution. How does your firm differentiate itself in this competitive landscape, and what unique strategies do you employ to ensure client satisfaction?

    SC&A Legal believes that the first step in serving our clients is identifying potential disputes because litigation does not begin in the courtroom. It starts in your office, from the moment the seeds of litigation are sown, such as when you enter into a contract, a commercial transaction, or a deal. As specialists in commercial litigation, SC&A Legal’s uniqueness lies in our strategic partnership with clients. We advise them at every step, helping to build their case even when they haven’t yet identified the disputes. Our expertise and leadership in the industry allow us to recognize the early signs of potential conflicts.

    The sooner you identify potential disputes or causes of action, the easier and more effectively you can resolve them. We do not view litigation as an end in itself but as one of many strategies to resolve disputes. Whether through conventional litigation, mediation, or arbitration, our goal is also to give you a stronger bargaining position and achieve better settlements or deals in commercial matters which can be resolved without always burdening the Courts or waiting for the entire litigation span to be over.

    At SC&A, we prioritize complete transparency in our strategies. From day one, we plan the end game with our clients, providing clear information about timelines and costs. Our primary aim is to deliver cost-effective and timely resolutions to our clients’ disputes.

    With offices in Kolkata, Delhi, and Bhubaneswar, how do you ensure seamless coordination and communication among your team members across different locations, especially in the context of complex legal cases?

    I would like to express my gratitude for the advancements in technology and the global acceptance of video conferencing and virtual platforms, especially after COVID. This shift has greatly facilitated seamless handling and coordination among our three offices. Whether dealing with courts, clients, or councils, everyone has become increasingly comfortable with virtual platforms.

    We have conducted numerous arbitrations across various forums and cities in India and abroad using these platforms. Even arbitrators are now more open to holding witness sessions virtually. The litigation industry has experienced significant benefits from technological growth, allowing lawyers to manage multiple offices, litigations, and dispute resolution projects with ease and complete coordination.

    With your involvement in the Incorporated Law Society of Kolkata, how do you contribute to aspiring lawyers’ legal education and professional development? Are there any initiatives or mentorship programs you’re particularly passionate about?

    As a member of the Incorporated Law Society of Kolkata, I actively participate in various initiatives aimed at enhancing legal education and professional development for aspiring lawyers. This involvement not only contributes to the growth of the legal community but also fulfills my passion for encouraging new talents to join the fields of litigation and dispute resolution.

    With your background in real estate and infrastructure law, how do you foresee the legal implications of future urban development projects, especially in the context of sustainable growth and environmental conservation?

    Future urban development projects will likely face increased scrutiny and regulation concerning sustainability and environmental conservation. As awareness of climate change and environmental issues grows, there will be a stronger emphasis on integrating sustainable practices into urban planning and development.

    From a legal perspective, this implies stricter compliance requirements related to environmental impact assessments, zoning regulations, land use planning, and building codes. Lawyers specializing in real estate and infrastructure law must stay updated on evolving environmental legislation and regulations to ensure their clients’ projects meet these standards.

    Additionally, a greater focus will likely be on incorporating renewable energy sources, green building technologies, and eco-friendly design principles into urban development projects. Lawyers will play a crucial role in negotiating contracts, securing permits, and navigating regulatory frameworks to facilitate the implementation of sustainable practices.

    Furthermore, legal challenges and disputes may arise from conflicts between development interests and environmental conservation efforts. Lawyers will need to provide strategic advice and advocacy to resolve these conflicts while balancing the need for economic development with environmental protection.

    As a woman leader in the legal industry, how do you advocate for gender diversity and inclusion within your firm and the broader legal community? What strategies do you employ to ensure equal opportunities for all professionals regardless of gender?

    As a leader, I firmly believe that actions speak louder than words. Therefore, we actively encourage our female associates and team members to assume pivotal roles within our firm. We strive to provide them with a flexible environment that allows them to maintain a balance between their professional responsibilities and personal lives, while also ensuring they remain motivated to look forward

    Our female associates are remarkable advocates when it comes to representing our clients. We not only encourage them to engage in vigorous argumentation and advocacy before various competent forums, but they consistently deliver outstanding performances in these arenas.

    In your experience, how does cultural diversity impact dispute resolution, especially in cases involving multinational clients? Could you share a memorable cross-cultural negotiation experience and the valuable insights gained from it?

    Cultural diversity holds considerable sway over the course of dispute resolution, particularly in scenarios involving multinational clientele, as it inherently shapes communication dynamics, negotiation strategies, and conflict resolution methodologies. The comprehension and adept navigation of these cultural nuances stand as imperative prerequisites for achieving efficacious dispute resolution.

    To surmount these cultural disparities and foster a fruitful negotiation environment, it is paramount to engage in the process with a blend of sensitivity and adaptability. Typically, in these cross-border negotiations, we invest the necessary time to grasp the cultural heritage, communication predilections, and underlying motivations of each involved party. Furthermore, we employ an array of techniques, including active listening, reframing issues through a culturally attuned lens, and seeking common ground, all aimed at cultivating trust and rapport amidst the negotiating factions.

    Through the virtues of patience, empathy, and a readiness to tailor our negotiation methodologies to accommodate cultural variances, we have consistently achieved mutually beneficial resolutions that effectively address the interests and apprehensions of all involved parties.

    With the demanding nature of your profession, how do you unwind and maintain a work-life balance? Could you share some of your favorite ways to relax and recharge outside of your legal endeavors?

    As my years of experience have accumulated, I’ve come to appreciate the significance of practicing detachment in both personal and professional spheres as a means to fostering a balanced life. When engrossed in litigation or a project, dedicating undivided attention and focus is imperative. However, upon its conclusion, regardless of the outcome’s favorability, it’s essential to gracefully transition forward. Recognizing that life is an ongoing journey, we must refrain from being swept away by triumphs or dwelling on setbacks. Each new day presents fresh challenges to conquer.

    Moreover, it’s crucial to incorporate periodic breaks, during which one can fully disconnect from professional obligations and engage in pursuits unrelated to work. This allows for the replenishment of energy and enthusiasm, enabling us to approach tasks with renewed vigor each time.

    Given your journey from a young professional to founding SC&A Legal, what advice or key points would you share with students and young professionals who are just starting their careers in the legal field?

    My first advice to every young law graduate would be to definitely garner experience in a dispute resolution law firm, as that will give you a deeper understanding of various streams of law and thus build a strong foundation for a lifetime. Secondly, never give up on yourself. The legal profession will also give you back your rewards; it’s just a matter of time. Have faith and patience; you will succeed.

    Get in touch with Sanchari Chakroborty-

  • “Emerging technologies such as artificial intelligence are poised to revolutionize various aspects of the legal profession. Cultivate resilience by maintaining a positive attitude, embracing adversity as an opportunity for growth” – Ritesh Kumar, Advocate-on-Record, Supreme Court of India

    “Emerging technologies such as artificial intelligence are poised to revolutionize various aspects of the legal profession. Cultivate resilience by maintaining a positive attitude, embracing adversity as an opportunity for growth” – Ritesh Kumar, Advocate-on-Record, Supreme Court of India

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

    Could you please share with us your journey into the legal profession? What initially inspired you to pursue law, and what challenges did you encounter during your formative years in the field?

    My journey into the legal profession was not pre-planned but rather a serendipitous occurrence that unfolded unexpectedly. 

    While my initial career aspirations varied in many different directions, fate had other plans in store for me.

    I was doing a chartered accountancy course along with my graduation when I took Delhi University’s LLB entrance test in the final year of my graduation and got selected. I completed my law in 2002 from the Campus Law Centre, Delhi University, and that is how my journey into the legal world began. 

    In my initial years into the profession, I had the privilege to work under Hon’ble Justice Siddharth Mridul, who was then the Standing Counsel for Union of India in Delhi High Court and thereafter with Mr. Amarjit Singh Chandhiok, Senior Advocate. Working in the office of a standing counsel does provide a great deal of opportunity and it immensely benefited me too. Working in the most sought-after senior’s chamber in Delhi High Court inculcated discipline. It not only shaped my career but has also enriched my life in ways I could never have imagined.  

    With a special penchant for litigation, I decided against joining a law firm and chose to establish my own independent practice. Despite my enthusiasm, the journey was not without its challenges. As a first-generation lawyer, I lacked the familial connections and resources that are often advantageous in navigating the legal landscape. However, I refused to let these obstacles deter me. Instead, I embraced them as opportunities for growth and learning.

    Yet, it was precisely this avant-garde journey that imbued me with a unique perspective and a tenacity to succeed. I embraced each challenge as an opportunity for growth, seizing every chance to expand my knowledge and hone my skills.

    What motivated you to pursue and successfully complete the Advocate-on-Record (AOR) exam for the Supreme Court of India?

    Initially, I did not realise the importance of being an AoR and did not take the examination despite being eligible in 2007-2008 itself, i.e., after 5 years of practice. However, I realised my mistake when it became evident that Supreme Court practise is an integral part of litigation and being an AoR is a clear advantage, more so, for a first-generation lawyer like me. Many of my peers went on to successfully qualify the exam and with their encouragement and support I also took the exam and became an AoR in my first attempt in 2011. 

    You have been involved in cross-border commercial disputes. Could you elaborate on the unique challenges and strategies required in such cases?

    Since arbitration is a mechanism of resolution of disputes that, unlike court, takes place in private, it is always open to the parties to choose the substantive law and law governing the arbitration agreement as well as the seat and venue of the arbitration. Problems arising out of an arbitration call for the application of proper law of the contract, which is the law governing the contract creating the substantive rights of the parties; proper law of the arbitration agreement; and curial law, i.e., the law governing the conduct of the arbitration. Lawyers are confronted with situations where all these three may differ. Thus, one of the primary challenges in cross-border disputes is jurisdictional issues and matters related therewith. Determining the appropriate forum for resolution can at times be complex, owing to the parties based in different countries with conflicting laws and regulations. Also, building strong relationships with local counsel can be instrumental in achieving successful outcomes in cross-border disputes.

    As a member of Insol International, how does your expertise contribute to resolving insolvency and restructuring matters?

    Development in any other branch of law in India, in all likelihood, cannot be matched by the pace at which the insolvency regime contained in the Insolvency and Bankruptcy Code has evolved in the short period that it has been in existence in India. 

    INSOL International is a federation of national associations of professional who specialise in turnaround and insolvency. It facilitates key stakeholders to come together and share experiences by promoting best practices and providing a forum for debate on key issues facing the industry and the profession. Through this organisation, I am constantly exposed to the latest developments, trends, and best practices in insolvency and restructuring from around the world. This global perspective allows me to adapt and apply innovative strategies that have proven successful in different jurisdictions.

    With your extensive experience in telecommunications and technology-related litigation, how do you anticipate the impact of emerging technologies on future legal disputes?

    The rapid pace of technological innovation has reshaped the legal landscape, presenting both opportunities and challenges for lawyers and their clients.

    Emerging technologies such as artificial intelligence (AI) and machine learning are poised to revolutionize various aspects of the legal profession, including case analysis, document review, and predictive analytics, which have the potential to streamline legal processes, improve decision-making, and enhance the efficiency of legal services. 

    Our Supreme Court has already started publishing the transcript of the hearing in select cases using Artificial Intelligence to transcribe hearings. 

    I see innovative technologies reducing administrative work for lawyers. However, it is unlikely that technologies and AI will replace human lawyers and judges. 

    You’ve been appointed as Arbitrator by the Delhi High Court multiple times. How does this experience contribute to your understanding of legal procedures and responsibilities? Please share some insights from this role.

    The Hon’ble Chief Justice of India had recently remarked that the arbitration space in India resembles an old boy’s club. He highlighted how only retired judges dominate arbitral appointments, and, in the process, several promising candidates (such as lawyers and academicians) are overlooked. 

    I am glad to share that the Delhi High Court does appoint lawyers as arbitrators.  Serving as an arbitrator appointed by the Delhi High Court is a significant and enriching experience that has deepened my understanding of legal procedures and responsibilities in dispute resolution. This role has afforded me invaluable insights into the complexities of arbitration proceedings and the nuances of adjudicating disputes outside the traditional court system. Additionally, this role has underscored the importance of effective case management and maintain procedural integrity in arbitration proceedings.

    Beyond the courtroom, how do you engage in community outreach or pro bono work to promote access to justice and legal literacy among underserved populations?

    Being the first one, in my entire family, to choose law as my profession, I do recognize the barriers that many individuals and communities face in accessing legal assistance. My office is open to everyone and anyone seeking any legal assistance. I am also empanelled with The High Court of Delhi (Middle Income Group) Legal Aid Society and I actively seek opportunities to leverage my skills and expertise to make a positive impact outside of traditional legal settings. My pro-bono work is driven by a deep-seated belief in the importance of promoting access to justice and legal literacy for all. 

    Outside of law, what hobbies or interests do you pursue that contribute to your professional development or enhance your perspective as a legal practitioner?

    Balancing professional with personal interests is essential for maintaining a well-rounded perspective as a legal practitioner. One of my passions outside of law is literature and writing. I try to keep abreast of current affairs and make it a point to read couple of newspapers including financial ones.  Additionally, I am an avid traveller and explorer. Traveling not only exposes me to diverse cultures, languages, and customs but also challenges me to adapt to new environments and navigate unfamiliar terrain—a skill that is invaluable in the legal profession, where each case presents its own unique challenges and complexities.

    Can you share a pivotal moment or case from your career that significantly influenced your approach to law and litigation?

    I have had opportunities to represent the Government of India and was part of the teams led by the Learned Law Officers before the Constitution Benches of the Supreme Court in several matters involving substantial questions of law as to the interpretation of the Constitution of India. I have handled numerous cases which are significant for one reason or another.  

    One pivotal moment in my career that profoundly influenced my approach to law and litigation was a case in the Supreme Court arising out of a controversial phone tapping. The issue involved as to whether a public figure has a reasonable expectation of privacy. Guidelines were issued by the Supreme Court which led to framing of the standard operating procedures (SOP) by the Government for legitimate phone tapping. 

    Having said that, I approach each case, with utmost sincerity, and take it as an opportunity to serve the clients in getting justice which they deserve. 

    With over two decades of experience in the legal profession, what suggestions or advice would you offer to the upcoming generation of aspiring lawyers and legal professionals navigating their way through the complexities of modern legal practice?

    I would like to share with the upcoming generation of aspiring lawyers and legal professionals navigating the complexities of modern legal practice to embrace lifelong learning. The legal profession can be demanding and unpredictable, with its fair share of setbacks and challenges. Cultivate resilience by maintaining a positive attitude, embracing adversity as an opportunity for growth, and developing coping mechanisms to navigate stress and uncertainty effectively. You must uphold the highest ethical standards in all your interactions, prioritize the interests of your clients, and adhere to the rules of professional conduct and legal ethics. 

    Get in touch with Ritesh Kumar-

  • “Ethics and moral values are priceless. Be honest to yourself, to your work, and to the court. No legacy is as rich as honesty.” – Bharat Raichandani, Managing Partner at UBR Legal

    “Ethics and moral values are priceless. Be honest to yourself, to your work, and to the court. No legacy is as rich as honesty.” – Bharat Raichandani, Managing Partner at UBR Legal

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

    Can you walk us through your journey, starting from your school days at Bombay Cambridge School to becoming a University Gold Medalist in Law from Mumbai University? How did your experiences during those formative years shape your aspirations and eventual career path in law?

    I studied at Bombay Cambridge School. It was one of the finest of our times. I was always a first bencher because of my height and not due to academics. Upto class VII, I was an average student. In class VII, I failed in the History subject. My parents were upset. They never expressed it. That was the lowest point in my academic career. I promised my parents that I would never let them down. From class VIII onwards, I was amongst the top rankers throughout. I belonged to the State Board (SSC). I was a school topper in Class X. I was awarded a trophy for outstanding achievement in academics in 1996 by Shri. Udhhav Thackeray, the then President of Shiv Sena. 

    My grandfather wanted me to pursue medicine as, according to him, I was academically brilliant. Destiny had other plans. I took up commerce at Narsee Monjee College of Commerce and Economics. I participated in various debate and elocution competitions at State Level.  I was part of the organising committee of the first ever National Inter-collegiate festival “Umang”. I was a member of the Drama Committee and performed in theatre plays.

    I pursued law from Mumbai University. Though we did not have formal internships in our times, I had a long term internship with Mr. Subhash Jha, Advocate from Law Global, Advocates and Mr. Anil Balani, Advocate. Under their guidance, I learnt the authentic and functional aspects of working of courts. I was actively participating in Moot court competitions. To my surprise, I even won best speaker at a few of them (though I always felt I was not even close to the other contestants). I was always eager to learn the art of advocacy. I completed the three year law course. I have been a University Gold medalist for all these years. I was awarded the Gold Medal by the then Governor of State of Maharashtra Shri. S. M. Krishna. I was even offered a scholarship for an LLM course at London University of Law. However, I felt I was not worthy of it, neither financially nor academically. I recuse myself. The same was offered to the girl who stood second. I felt she deserved it more. 

    I believe these formative years are the bedrock in your career. It shapes you as a person. It instilled, in me, a mighty infrastructure of legal knowledge, critical thinking skills and commitment to ethical practice. 

    As a University Gold Medalist in Law from Mumbai University, what key lessons from your academic journey do you find most valuable in your practical legal work today?

    All of us must never forget that no education or training goes in vain. Every grade teaches us something new and significant. The most valuable lessons from my academic journey that I apply in my practical legal work today include Research Skills, Analytical Thinking, Effective Communication, Time Management and Ethical Awareness. 

    You have been recognized with prestigious awards such as the “Young Achiever under 40” Legal Award and “TOP individual Lawyer” – Tax by Forbes Legal Power List. How do you rate this recognition?

    I am humbled. These accolades serve as affirmations of my dedication, expertise and contribution to the legal profession. They are a testimony of the fact that I love this profession and everything associated with it. It is my passion and not my profession. I am in love with the courts. I, for one, honestly and firmly believe that the judiciary is the only pillar which holds our constitution together. Every judge, I must applaud them all, right from the district judiciary to the Hon’ble Supreme Court, with limited infrastructure at disposal, is doing a remarkable and phenomenal job. 

    However, these awards come with supplementary responsibility. They serve as reminders of the high standards I must uphold and the expectations I must meet in my role as a legal practitioner and leader within the firm. I am keenly aware of the need to continue striving for excellence, both in terms of the quality of legal services we provide and the ethical standards we uphold. 

    How do such above said accolades impact your professional journey and the responsibilities you bear as a managing partner?

    As the Managing Partner of UBR Legal, I recognize that these awards not only reflect individual achievements but also the collective efforts of our entire firm. I am committed to fostering a culture of excellence, collaboration and mentorship within the firm, empowering every member of our team to reach their full potential and contribute to our shared success. I am honoured by these awards and remain dedicated to upholding the highest standards of legal practice, leadership and service to our clients and the community at large. 

    You have authored articles and publications on intricate legal subjects that demonstrate a depth of understanding and a commitment to disseminating knowledge. Could you share insights into your writing process and how you select topics to address in your articles?

    Certainly! Articles on intricate legal subjects require careful consideration and a structured approach. It is important to stay abreast of developments in the legal landscape and understanding the needs and interests of my target audience is paramount. One needs to conduct a thorough research of the topic which involves case law, statutory provisions, academic literature and expert opinions. 

    Overall, my writing process is guided by a commitment to disseminating knowledge, fostering understanding and providing practical insights. From 2020 onwards, I have introduced a monthly newsletter “Lex Loquitur” that culls out the ratio of some important rulings from various judicial fora in the areas of Indirect tax, Direct Tax, Arbitration and Conciliation Act and Insolvency and Banking Code.

    As an arbitrator appointed by the Hon’ble Bombay High Court, what unique perspectives do you bring to alternative dispute resolution and how does it complement your litigation practice?

    Being appointed as an Arbitrator by the Hon’ble Bombay High Court brings with it a unique set of perspectives and experiences that greatly enrich my approach to alternative dispute resolution (ADR). My background as a legal practitioner and litigator complements my role as an arbitrator, allowing me to apply my substantive legal knowledge and advocacy skills to the arbitration process to, mostly, a resolution to the dispute. 

    As an arbitrator, I am committed to upholding the principles of impartiality and neutrality in resolving disputes. I believe the alternate dispute resolution mechanism is intended to bring a pragmatic approach, emphasizing efficiency, flexibility and procedural fairness. The same aids the litigating lawyer in me to advise and counsel clients approaching me for legal opinions. 

    Reflecting on your time at Advaita Legal and Lakshmikumaran and Sridharan, what were the most significant learnings you garnered from those experiences and how have they influenced your leadership style at UBR Legal?

    During my tenure at Advaita Legal and Lakshmikumaran and Sridharan, I had the privilege of working with some of the most distinguished legal minds in the industry. I worked with Mr. Sujit Ghosh, Senior Advocate at Advaita Legal. However, I am indebted, and shall always be, to Mr. V. Sridharan, Senior Advocate (Founding Partner of Lakshmikumaran and Sridharan) and Mr. R. Nambirajan, Senior Partner LKS. Whatever experience in life I have today, apart from the professional training, I received those valuable lessons from both of them. They taught me that a good man can only be a good lawyer. Ethics were embodied in me by them. 

    The dedication towards research, attention to detail and commitment to delivering high-quality legal services were ingrained in every aspect of our work. This relentless pursuit of excellence has become a cornerstone of my leadership style at UBR Legal, where I strive to uphold the same standards of excellence in all our endeavors. 

    I learned the importance of building strong client relationships based on trust, integrity and responsiveness. This client-centric approach guides my leadership at UBR Legal, where we prioritize client satisfaction and strive to exceed client expectations in every interaction. 

    With your expertise in GST could you elaborate on how you navigate the intricacies of these areas to provide tailored solutions for your clients? 

    GST is a new law. It is technology driven. It is system based. It is at a nascent stage. It would certainly evolve with passage of time. 

    Navigating the complexities of GST requires a deep understanding of the ever-evolving legal and regulatory landscape. At UBR Legal, we approach this by combining our expertise in tax law with a thorough analysis of our clients’ specific needs and circumstances. We tailor solutions for our clients by:

    1. Staying updated on the latest developments in GST, budgetary changes, and service tax regulations through continuous research and training;
    2. We engage in detailed consultations with our clients to understand their business operations, financial structures, and tax obligations; and 
    3. We provide legal advice on strategic tax plans that minimize their tax liabilities, maximize available benefits and incentives and mitigate risks.

    How do you foresee the future landscape of taxation evolving and how does UBR Legal adapt to these changes to best serve its clients’ interests?

    Tax laws are here to stay. Only two things are certain: death and taxation. As long as people exist, laws would exist. As long as laws exist, litigation would exist. At UBR Legal, we adapt the changes by staying ahead of the curve through ongoing education, investment in technology and close monitoring of legislative and regulatory developments. This allows us to anticipate emerging trends and proactively adjust our strategies to best serve our clients’ interests. 

    Beyond your professional endeavors, what personal hobbies or interests do you pursue and how do they contribute to your overall well-being and effectiveness as a legal practitioner?

    I enjoy reading non-fiction and business oriented literature.  Political news also excites me. This habit assists me in my role as leader of a law firm and fuels my legal practice as well. Regular reading also provides mental stimulation and helps maintain focus. I cycle everyday for about 20 kms. I enjoy cycling. It is a natural form of exercise. A healthy body is an expression of a healthy mind. 

    With your wealth of experience and achievements, what advice or suggestions would you offer to the upcoming generation of legal professionals who aspire to follow in your footsteps?

    I am no preacher. I believe I am still learning. All of us are. We are all students of law. Learning never ends. However, I would like to share a few words of advice with the younger generation: 

    First, there is no substitute for hard work. Not everyone is gifted with exceptional talent. However, with hardwork and average intelligence, lawyers can go places. 

    Second, ethics and moral values are priceless. Be honest to yourself. Be honest to your work. Be honest to the court. Life would throw several challenges where your feet would tremble, that’s where the test lies. No legacy is as rich as honesty. 

    Third, conduct, behaviour and demeanour in court is the first court craft a lawyer should learn. Never hoodwink the Judge. Relationship between the bar and the bench is based on mutual trust. Respect your opponent. Respect his/her arguments, even if you do not agree. He/she is fighting for the client, the way you are. 

    Fourth, listen to your parents. Parents are the best teachers. They are the only true well wishers who want to see you succeed. Their blessings are very powerful. 

    Fifth, be and stay humble. Humility is a hallmark of great men. It was pride that changed angels into devils. 

    Get in touch with Bharat Raichandani-

  • “One of the special privileges of our profession is that it allows you to sail in two boats and so a person can be associated with a reputed firm and side by side nurture an independent practice of his own to find his ground in due course”- Prabhat Kumar Rai, Advocate-On-Record at Supreme Court of India

    “One of the special privileges of our profession is that it allows you to sail in two boats and so a person can be associated with a reputed firm and side by side nurture an independent practice of his own to find his ground in due course”- Prabhat Kumar Rai, Advocate-On-Record at Supreme Court of India

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

    Sir, could you please share with us what inspired you to pursue a career in law, and how did your journey into legal practice unfold, especially in economic offenses and commercial dispute litigation?

    I hail from a small village in Bihar and hence my dreams were also moderate. Engineering and UPSC are the most popular options in Bihar as many of the locals perform well in these exams. I was too striving to become an Engineer, however the turning point for me was when I visited my uncle in Delhi who practices as a lawyer in the Supreme Court of India as an AOR. I was enchanted by his work on complex legal issues which created lasting imprints on my pristine mind. My Uncle also advised me to opt for a career in the field of law and with his guidance I took my leap into this exciting world of legalese. 

    Being garrulous by nature it seemed like a fish finding its natural waters and felt comforted by the mentor from my family who could always guide me past all obstacles that I may encounter charting this unfamiliar terrain. I was charmed by the interaction with a few senior advocates and their view on contemporary issues from the legal point of view which was on a much higher pedestal than many other professions and also afforded me the visibility which was missing in other professions.

    The rest of the things then fell into place with single-minded dedication and persistence in clearing the CLAT examination and opted for the curriculum at NIRMA University, Ahmedabad, where the set-up was quite rewarding in terms of the constant encouragement by the Professors and a competitive batch of students who would challenge me to excel and hone my skills. 

    Economic offences and commercial litigation seem to be the growing albeit nascent field of litigation and have become a natural choice for any newcomer who seeks to grow at an accelerated pace.

    Your focus area involves economic offenses, including matters related to the Prevention of Money Laundering Act, Prohibition of Benami Property Transactions Act, and more. What drew you to specialize in this particular field, and what challenges do you find most intriguing in handling such cases?

    With the opening of the Indian Economy and integration with the world economic systems, the intricacy of financial matters has acquired greater complexities, and it is important to delve into the nuances of trade and ensure compliance with the rules and regulations of the countries where they impact. Digitisation and internet connectivity have eased vigilance and tracking and often people get trapped into the web of deceit/conundrum of litigation which vexes the common man and in order to aid and assist them a legal professional is well suited to advice and counsel business professionals to safeguard their interest.  

    Increasingly the burden in litigation is being shifted onto the defendants and well-trained legal minds come to their rescue. Economic offences are the sunrise sector of litigation and hence attract young minds like a bee to the flower for its nectar.

    You’ve transitioned from being associated with law firms to establish your independent practice. Could you tell us about the pivotal moments that led to this decision, and how has the experience been as an independent legal practitioner?

    One of the special privileges of our profession is that it allows you to sail in two boats and so a person can be associated with a reputed firm and side by side nurture an independent practice of his own to find his ground in due course. I have always chosen to associate with firms that have no restrictive working conditions to hamper my independent practice. In this process, I have lost vital aspects of stability and study earnings with a top-tier law firm, but the confidence gained while straddling two boats has been a fair bargain in my assessment. It is akin to being a co-pilot who after filing in the requisite hours of flying is qualified to occupy the chair of the commander of his own craft.

    Nothing is gained without experiencing its share of struggle and the initial formative years shape our destinies. Every young professional is like a diamond which must undergo its share of being cut and shaped by circumstances and chiselled by the artisans who mould them, and I count myself lucky that I got picked by the sharp intellects who are luminaries in their own right and illumine the path for me. I also feel redeemed and gratified when I do pro-bono matters which satisfy not only the mind but also the heart which makes this profession endearing and noble. 

    Your professional journey includes representing clients before various courts and tribunals on diverse matters. Can you share an experience of handling a particularly challenging or high-profile case and the lessons you learned from it?

    With God’s grace and the blessings of my mentors, I have had multiple opportunities to assist in several high-profile matters. It is my belief that every matter imparts a new learning and everything that augments my knowledge is to be counted as high profile as it has uplifted me from the lower echelons to the next level.

    I take pride in all the matters that are assigned to me and am committed to giving it my best regardless of the outcome. The end result may not always be to our expectation, since the judges have a mind of their own, but our conscience should not bite us for having left any stone unturned. One hallmark of professional integrity which I strive for is to put the best foot forward with persistence and care. The sporting spirit is my guiding principle that even the best of players/champions encounter defeat in some games, but it never weakens their spirit or resolve.

    Having excelled academically during your time at Nirma University, how do you balance the theoretical knowledge gained in law school with the practical challenges faced in the legal profession?

    Once you get on the field there is no substitute for experience. Once again, the sports analogy will help understand this – no amount of theoretical knowledge about the intricacies of the sport, the past statistics, the precedents etc can anticipate the uncertainties of playing conditions. The theory brings about awareness and is like a rough diamond, but it is only experience and constant practice that shapes our minds, characters and destinies. Needless to emphasise excelling in academics opens several vistas and avenues for anyone to choose the path for individual glory.

    And in this profession, constant updation is the sine qua non for any practicing advocate just like you have new software versions which regularly and periodically update and upgrade your knowledge and provide you with the edge which is the single differentiator of any successful professional. The need to burn the midnight oil is greater in practice than ever in academia. This is also what Steven Covey enlisted as the Seventh Habit in ‘Sharpening the Saw’.

    You’ve had the opportunity to learn from some of the best advocates, including senior advocates and government counsels. How has mentorship played a role in shaping your career, and what advice would you give to aspiring lawyers on finding the right mentors?

    That the greatest learning in the profession has been that no work is small or unimportant and what is done by one’s own hand shall stay with one for life. It is similar to swimming which once learnt is never unlearnt. Mentors and guides are the lighthouses that safely guide the ships in the vast ocean of life. The role of mentors can never be undermined, and I always look up to them when faced with a quandary. Senior advocates help us understand as to how arguments have to be framed and articulated in any hearing and to steer the course in the direction which shall eventually help the judge decide in our favour. We can learn to craft strategies from the seniors who bring their wealth of experience and maturity and fuse with our exuberance to present our side with vigour and vitality. In all of this it is essential that the facts are garnered from the files and discussions that are compiled and then neatly sifted into a summary which can be helpful in framing the briefs for senior counsels who need to be provided the critical points for their arguments.

    Given your extensive experience, could you share your perspective on the current legal landscape in India, especially in areas such as economic offenses, commercial dispute litigation, and the impact of recent legal developments?

     The legal domain is fraught with extensive work opportunities and provides an excellent launching pad for assuming leadership roles in society. Technology is quickly upgrading the systems and making it easy to adjudicate matters without logistical constraints. It is therefore necessary to be tech-savvy so that one can stay ahead in matters which are bearing global footprints and have far-reaching ramifications.

    What prompted you to write the AOR examination and what do you suggest to any candidate who will appear for these examinations.

    For every advocate, it is a dream to work at the pinnacle which is the august body of the Supreme Court, and it was not possible to stay away from this venerable temple of justice. I would appear immodest if I were to claim that this was my goal, but the fact is that one needs to take this exam with great dedication and commitment and at a young age one is required to be enthralled with energy to conquer this peak amongst the many that we set our minds to scale.

    Lastly, considering your achievements and the knowledge you’ve gained along the way, what advice would you like to offer to fresh law graduates who are embarking on their legal careers today?

    I always draw inspiration from the Mahabharata which asserts and exhorts us to – Stay focused on the eye of the fish only and nature shall conspire to let your wishes come true.

    Get in touch with Prabhat Kumar Rai-

  • “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-