Super Lawyer

Tag: Crossborder ltigation

  • “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)-

  • “Eat well and stay fit – don’t be 50 at 35. No matter how successful you become in life – always respect the Bench.” – Shiv Sapra, Partner at Kochhar & Co.

    “Eat well and stay fit – don’t be 50 at 35. No matter how successful you become in life – always respect the Bench.” – Shiv Sapra, Partner at Kochhar & Co.

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

    Reflecting on your journey, could you share some insights into your college days at ILS Law College, Pune, and the initial struggles you faced in the early days of your career after graduating? How did those experiences shape your resilience and approach to the legal profession?

    Law School is where you formed your foundations, be it education or friends. ILS Law College was, and remains, one of the most prestigious institutions in Law. It was an incredible learning experience as you came together with aspiring lawyers from all over the country. It was evident from the beginning that the legal profession professed immense competition and that one needed to do more than what was ‘required’ in order to stay ahead of the curve. Whilst at Law School, our version of finding a job was finding an ‘internship’! There was immense competition, if for nothing else, then for bragging rights – which was an undeniable reality. These early experiences were a lesson for later years – that life wouldn’t be easy, or fair. 

    Your legal career spans over 17 years, with a wealth of experience in civil/criminal litigation and commercial arbitration. Can you share a memorable moment or case that significantly shaped your approach to legal practice?

    It was in my second year in the profession where I was faced with the occasion of having to argue a high stakes matter before the Delhi High Court in an arbitration case. As my senior was on his legs at that moment (as is very common), I sought the customary Passover. However, the Hon’ble Judge insisted (read: encouraged) that I present the arguments. Reluctantly, I proceeded with the arguments. My senior arrived mid-way but the Hon’ble Judge insisted I continue. After the hearing, my senior encouraged me to lead the matter, of course, with his support in whatever way needed. We went on to win the matter.

    The takeaway: Judges will always be there to inspire and encourage you, but the hard work will have to be yours alone. You must be able to cash in on opportunities through thorough preparation, of law as well as facts. Your Seniors will also be there to mentor and guide you, but you must win their trust – again, through your work. These are privileges, which must never be misused. 

    I was extremely fortunate to have found the support from my senior during my early years who was pivotal in my learnings, especially that there is nothing like a big or small matter. Every matter is equally important for a lawyer because it carries the trust of a client, which must be reciprocated with competence and responsibility. Also, you either know an answer or you don’t – never faff! Your duty to your client is always first and sacrosanct.

    As a Partner at Kochhar & Co., you handle disputes related to arbitration, insolvency, and commercial litigation. What aspect of your current role do you find most fulfilling and challenging?

    Keeping abreast with the ever evolving concepts of law is one of the most crucial aspects for any practice, be it Arbitration, Insolvency, or any other field. Clients look for solutions from both legal as well as commercial perspectives. Striking a balance between the two remains the most challenging and satisfying aspect. Your skillset must include the ability to provide out of the box solutions. 

    Beyond your legal expertise, you’ve been associated with various publications. What inspired you to write articles?

    As a lawyer, you are constantly exploring ways to hone your skills, especially reasoning and conveyancing. When you write an article, you are free to express your own views on a subject after understanding the jurisprudence and evolution of said subject. But it is not just about sharing your views, rather how to grasp the attention of the reader. This requires a fair amount of research and formulation of opinions based thereon. To articulate and convey your views independent of others is the biggest privilege a lawyer has. 

    Your bio mentions a deep passion for the legal profession, passed down through a family of lawyers. How has this familial connection influenced your journey, and what does the legal profession mean to you on a personal level? 

    Growing up, we were privy to numerous stories and anecdotes emanating from the legal profession. This definitely had an impact on the decision to pursue law, but said decision was never owing to expectation or pressure. We were always free to choose our career path and were always supported in that. From the beginning, we were motivated to make it on our own and not through whom you knew. Case in point: my father refused to consider my candidature for his organization unless I had garnered at least 3-4 years of experience!  

    I have always considered the legal profession as a noble profession. I learned very early that representing a client was an enormous responsibility which could only be shouldered through your understanding of the law and a thorough appreciation of the issues involved. On the other hand, you are also an officer of the Court, which comes with its own set of responsibilities. There must be a sense of pride when you don the gown, but never arrogance.   

    Having been associated with both DSK Legal and Luthra & Luthra Law Offices, what unique aspects of each firm have contributed to your professional growth, and how do these experiences influence your approach as a Partner at Kochhar & Co.? 

    Both organizations had very distinct and unique characteristics.  

    While at Luthra, I was fortunate to have been a part of a wonderful set of lawyers, and human beings alike in a very close knit environment. Our senior colleagues were always ready to help and mentor, which every newcomer looked to. A lot was learnt in the ways of mentorship and on how to hone your skills as a lawyer. In many ways, I learnt my core professional values whilst at Luthra. It taught me the importance of not only learning to deliver quality, but also of the need to guide and assist youngsters. 

    DSK Legal further encouraged you to go beyond the role of a Partner and to grow as an individual. It is with the combined experience garnered from both organizations that I look to assisting my present organization in its visions ahead.

    From your time at The Doon School to being a School Athletics Captain, how do you think your early experiences and leadership roles in school have shaped your professional journey?

    Doon has played a pivotal role in my journey. I was primarily a long distance runner which entailed two main requirements: keep breathing, and keep going – a trait most often needed in today’s profession in many ways! Doon inculcated a strict sense of discipline and leadership from a very early age. These characteristics have been essential to me through the years in the profession. 

    In addition to your legal expertise, you’ve authored articles and judged Moot Courts. How do you balance the roles of an author, mentor, and litigator, and how do these activities contribute to your overall professional satisfaction? 

    All these roles are interlinked. It is crucial to invest in mentoring and undertaking extracurriculars beyond work. Time has always been a constraint but one needs to find the time as these are investments you make in yourself as an individual. Moot Courts are an excellent way to interact with budding lawyers and to get a feeling on how they perceive the law and present themselves. The coming generation is extremely sharp and intelligent, and they certainly offer a fresh perspective, which is often much needed.

    Apart from your professional commitments, how do you unwind and relax? Are there any hobbies or activities that you particularly enjoy in your free time? 

    Travelling has been the best way for unwinding and finding a break from the regular vigour of life. I found my ultimate Xen in Scuba Diving many years back, which I pursue religiously.  

    AI is fast taking charge in developing times. How do you see AI impacting the legal industry?

    Technology has always been a powerful tool in a lawyers arsenal. Online research, though not a substitute for conventional modes, has certainly been a boon over the past many years with access to legal databases merely a click away. Now with the advent of AI, the landscape of the profession is fast changing. Numerous Corporates have already started using this for their professional needs. There is thus a dire need for lawyers to adopt and adapt, lest you miss the bus. 

    AI is well poised to reduce (and in cases, even remove) the reliance on different sources, be it drafting or research. Although human logic and ingenuity is difficult to be substituted, Generative AI is certainly a stiff competition in the field. What will be the endgame in the vista, time will tell. For now, AI is certainly the most powerful tool available to us and its potential must be capitalized. 

    Would you like to share any suggestions or advice for the upcoming generation of lawyers?

    • Read, read, and read! There is no shortcut to hardwork. Every lawyer is unique. 
    • Cherish your relationship with your Mentor, but maintain respect and independence. Read “Letters to a Young lawyer” by Alan M.Dershowitz for more insights.
    • Invest time in networking early – this will be your biggest asset in the later years.
    • Always look out for yourself – you alone will be responsible on setting the trajectory of your career. Don’t let anyone dictate your choices. Have confidence in yourself.
    • Eat well and stay fit – don’t be 50 at 35.
    • Lastly: no matter how successful you become in life – always respect the Bench.

    Get in touch with Shiv Sapra-

  • “International arbitrations and cross-border litigations might be incredibly challenging, especially if a counterparty is not acting in good faith, falsifies documents, and abuses its rights”- Mariana Antonovych, Foreign Lawyer at Linklaters

    “International arbitrations and cross-border litigations might be incredibly challenging, especially if a counterparty is not acting in good faith, falsifies documents, and abuses its rights”- Mariana Antonovych, Foreign Lawyer at Linklaters

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

    Mariana, we are delighted to have you for this interview. To start, could you please introduce yourself, providing a glimpse into your professional journey and the factors that led you to specialize in investment arbitration and cross-border litigation?

    It had been my dream to become an arbitration lawyer since university. I am grateful to my professor at Kyiv-Mohyla Academy, Dr. Lyubov Logush, for raising my interest in arbitration. My path was not always smooth. During the first two years after graduating from Kyiv-Mohyla Academy I worked as a journalist and in parallel was doing my LL.M in International Dispute Resolution at Humboldt University of Berlin. Only afterwards I managed to start practicing arbitration in Ukraine. For this, I am grateful to Prof. Dr. Gerhard Wagner as the university not only accepted me to the programme but also granted me a tuition fee waiver without which I would not have been able to pursue my studies. It was very difficult to obtain any scholarship in Ukraine as Russia had just started its war of aggression against Ukraine in 2014 and Ukrainian scholarship funds were focused on priority development areas for Ukraine. During my studies, I always planned to come back home and practice arbitration in Kyiv. 

    Your experience includes significant roles at reputable firms like Linklaters, Avellum, and Kinstellar. Can you share some key moments or cases that have shaped your career as a foreign lawyer, particularly in the realm of international dispute resolution? 

    When I came back to Ukraine in 2016, I applied to two dispute resolution vacancies for junior associate positions in two international firms. One of those firms – Kinstellar – which had just opened its office in Kyiv believed in me and took me on board. It was the beginning of my arbitration career. For the next, roughly 5 years, I worked on various commercial arbitration and cross-border litigation projects involving Ukrainian elements, culminating in my first cross-examination of witnesses before the LCIA tribunal at the remote hearing in 2020. After my boss left Kinstellar in 2021, I left after him to be able to assist the client going forward. 

    On the first day, when I joined Avellum, the tribunal rendered a 250-pages award in that matter ruling in our favour. Avellum added investment arbitrations to my CV. I am very proud of the opportunity to work for the Ukrainian government in those arbitrations in the months preceding the war and afterwards. 

    When the war started, many Ukrainian law firms took drastic measures to ensure that the firms would stay afloat. This was a key reason why I applied for a part-time job in Linklaters Warsaw in July 2022. I had been working at two jobs until October 2023. At present, I work only for Linklaters focusing primarily on business development and pro bono activities in the areas of international arbitration and cross-border litigation. 

    Having represented clients in various jurisdictions, including Ukraine, Cyprus, Belize, France, Liechtenstein, Switzerland, and the UK, how do you navigate the complexities of cross-border disputes? Are there unique challenges that arise, and how do you address them?

    International arbitrations and cross-border litigations might be incredibly challenging, especially if a counterparty is not acting in good faith, falsifies documents, and abuses its rights. Furthermore, these projects may take years. One of my projects lasted for seven years and one of its “branches” still continues. It takes time to get to the truth and, therefore, it is important to stay patient, not to give up when you fail and focus on the end game. With various parallel proceedings, sooner or later, the untruthful counterparty always makes a mistake. So it is very important to keep an eye on various developments happening in other proceedings, keep your position consistent and straight-forward and, when the time comes, use the inconsistencies in the other party’s case to your advantage. As my former colleague once told me and I continue repeating this to others “This is a long run”, so one needs to be prepared for everything, including, as it turned out, COVID and war. This is not a resilience they teach at school or university. 

    In your current role at Linklaters, you’re actively involved, among other things, in business development and pro bono assistance. Please elaborate.

    Both during my last year at Avellum and now at Linklaters, I spend more time than usual on business development and pro bono activities. When the war started and especially before the Kyiv region was liberated, there were days when I would not receive a single email to my email box, which was frightening. The situation improved towards the end of 2022 and 2023 was very active again. At the same time, it was and remains clear that it is not sufficient to focus exclusively on billable projects. More needs to be done for the community. I am very proud of certain pro bono projects I have had a chance to pursue since February 2022, including collecting evidence of russia’s war crimes in Ukraine, suspending russia’s membership in the Financial Action Task Force, assisting Gateway Ukraine with its activities aiming to boost investment in Ukraine, helping Ukrainian refugees and so forth. On the business development side, it is great that many international firms worldwide set up Ukrainian desks in anticipation of Ukraine’s victory and seek to strengthen their relationship with the Ukrainian market. I am happy to facilitate this process. 

    Your publications cover a range of topics, from legal professional privilege to sham agreements. What drives your interest in legal writing, and how do you balance this with your demanding professional responsibilities?

    Unlike other lawyers, I do like writing. As I mentioned, I worked as a journalist for a few years in 2015-2016. My primary task was to choose content and prepare it for Kyiv Post’s supplement, Legal Quarterly. I also helped fact-check Panama Papers for Organized Crime and Corruption Reporting Project (OCCRP). As Ukraine was undergoing major reforms in 2015, it was very interesting to follow this process by interviewing the high-ranking Ukrainian officials in charge of those reforms.

    Frankly, I never understood senior lawyers and partners who make their associates write articles for them. As a junior and after seven years as a managing associate I always wrote articles on my own based on the experience I obtained in arbitrations and cross-border litigations. This is why my publications cover a broad range of topics.

    Having interned at Wegnerpartner and the German Institution of Arbitration, how did these experiences contribute to your understanding of international arbitration, and what cultural insights did you gain?

    Those internships, which were part of my master programme at Humboldt University, cemented my belief that I want to work in the area of arbitration. I am grateful to Korinna von Trotha, the former head of Berlin office of German Institution of Arbitration (DIS), and my professor, Dr. Adrian Müller-Helle, the partner at Wegnerpartner, for giving me an opportunity to become acquainted with arbitration from institutional and counsel perspectives during my studies. Of course, there are differences between Ukrainian and German approaches to arbitration, but, in my view, they are minor. 

    Juggling a demanding legal career and coaching moot court competitions must require a delicate balance. How do you manage your time effectively, ensuring success both in your professional and coaching endeavours?

    Indeed it is very demanding and challenging. Last time, I acted as a coach in 2019-2020. Overall, I coached various moots for six years. I was heartbroken when my team did not go to Washington in 2020 to compete in Jessup due to COVID-19. This year, I advise the Kyiv-Mohyla Vis Moot team and plan to arbitrate the moot in Vienna. It is still time-consuming, but much less than coaching. Despite various burdens that come with coaching, I treat this as a community investment. I believe that students deserve to have good mentorship and I am proud that students I coached now also act as coaches and succeed in their careers. 

    Away from the legal arena, what are your favourite hobbies or activities? How do you unwind and recharge outside of the legal world?

    At first, I was focused only at work and moots, but then it became clear that it could not continue that way. I am passionate about sports – gym, swimming, hiking, cycling – and languages. Unfortunately, in my case, learning each language requires a lot of time and effort, but I am happy I am slowly progressing and hopefully, soon I will be able to say that I speak five languages – Ukrainian, English, Russian (unfortunately), German and Polish. And I assure you it will not be the end of my language journey.

    Given your journey from being a junior associate to your current role, what advice would you give to young professionals aspiring to build a successful career in international dispute resolution and foreign law practice?

    I would advise you to follow your passion. If you love arbitration, certainly do it. But don’t have any illusions. Legal world is extremely demanding and competitive; the world we live in is extremely challenging and unpredictable; arbitration projects are getting only more complex; co-counsels and clients are not always easy to deal with. Make sure you realise that when you start your career. And when you do – make sure you remain the best version of yourself down that road.