Tag: dispute resolution

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

Looking back at your formative years and legal education, what early experiences  shaped your perspective towards law and inspired you to pursue a career in  litigation and dispute resolution? 

Born and brought up in Delhi, I completed my schooling at DPS RK Puram, studying  from nursery to 12th grade, with the initial years up to Class 5 spent in the junior wing  of the school. 

I belong to the pre-CLAT era, when each law school conducted its own entrance  examination. At that time, choosing a college also meant carefully evaluating both its  location and the professional opportunities that followed. I had intentionally decided  against taking multiple entrance exams, but a trusted recommendation persuaded me to  attempt the entrance for the National University of Advanced Legal Studies (NUALS).  I was later formally informed that I had successfully cleared the entrance exam and was  eligible to secure admission to NUALS. However, after passing the entrance exam for  Indraprastha University (Amity Law School), I chose to enrol there, as its location in  Delhi-NCR and its ranking in the top ten law colleges in India, were rather significant  factors in my decision at the time. 

My decision was primarily driven by the fact that Delhi provided a far more conducive  environment for pursuing a career in law, particularly in litigation, which was my area  of interest. However, with the benefit of hindsight, I now believe that institutional  rankings are of limited consequence in the long run, especially for those committed to  a career in litigation since law is a profession that transcends classroom learning and genuine mastery can only be forged through practical application and real-world experience. 

While the school provided a solid platform, it was the inspiration I drew from my  parents, both of whom had worked with the government and were highly accomplished from an early age, that set a high benchmark for me and encouraged me to take my  academics seriously while also pursuing co-curricular activities such as debates and  beyond. I was always drawn to writing and was made aware that I had a natural ease with language. Outside the school curriculum, I found joy in exploring a variety of non  fiction books and articles, driven by a curiosity to better understand how the world  works. I was particularly drawn to topics in psychology and neuroscience, which still continue to captivate me. I believe this reading has also quietly shaped me in becoming more empathetic, a quality that proves valuable particularly in mediation. I’ve always  found satisfaction in tackling problems and working toward practical solutions, and was  grateful that others felt comfortable seeking my advice. Through helping them resolve  personal conflicts and find common ground, I developed a sincere interest in  Alternative Dispute Resolution. 

During my academic years, I remained actively engaged in co-curricular activities,  including parliamentary debates, Model United Nations, coupled with several extra  curricular such as taking part in inter-school competitions, winning as a solo singer in  important music competitions as well as inter school level athletics which I believe does give one confidence and discipline while also encouraging prompt, judicious thinking  under pressure, and embrace competition. In my opinion, extra-curricular and co-curricular activities teach early on that winning and losing are both part of the game,  something I came to appreciate through sports and other competitions in these formative years, and which continues to shape my approach as a lawyer. 

During your time at Law School, you undertook intensive internships with leading  law firms, arbitration centres, and the offices of Additional Solicitor General. How  were they transformative, and how did they influence your career path?

Internships were not mandatory for students at that time, unlike the current practice in  most colleges, following the BCI notification. The primary reason to pursue them for  me, was to gain exposure to the profession at an early stage. I was very keen on  exploring a wide range of laws, including unconventional areas such as Sports Law and  TDSAT matters, which were not commonly taken up. I enjoyed the process of securing  internships through my own effort which has also helped me become independent. I  actively went for interviews, followed up with offices, and treated the process as a  learning experience in itself. Alongside this, I also participated in many inter-college  and intra-college moot court competitions as a speaker and was fortunate to secure good  positions and awards. After graduating, I have been invited to judge college moot  courts, which often reminds me of my own time as a speaker and participant, recalling  the long hours and sometimes several months of preparation that went into each round.

One experience from the internship days that stands out for me is when I wanted to  intern with the office of an ex-ASG, which was very coveted, and very few students  would get selected or allowed to intern at the office at a time. I pursued the application  consistently, without using any references, and was ultimately offered the chance to  intern. When he later realized that my family was acquainted with him, he asked why I  had gone through the entire process, but for me, the satisfaction lay in doing it  independently. Similarly, I secured internships at several law firms and at DIAC (at the  time known as Delhi High Court Arbitration Centre), again through persistent  applications and interviews. At DIAC, I gained early exposure to institutional  arbitration and was introduced to how such proceedings are conducted in practice. 

It’s worth mentioning that all my internships, except one, were unpaid and I never had  any reservations about that. It was generally understood that internships were about  learning rather than stipends; payment, if offered, was considered a bonus, not an  entitlement. The one exception was at a law firm where, at the time of joining, I was  clearly informed that I would be paid a fixed amount for the duration. If an internship  is undertaken mainly or solely for financial reasons, it is important that this be  communicated at the outset, since paid internships carry a very different set of  expectations. Raising monetary demands midway is neither fair to the seniors nor  consistent with professional conduct. Any agreement regarding payment should,  therefore, be clearly confirmed in writing, preferably over mail. 

Each firm I interned with also gave me insights into its specialized practice areas, which helped me appreciate the finer aspects of the profession and further helped me  develop a sense of independence very early on. I believe internships are extremely  important for law students, as they offer a practical glimpse into what lies ahead after  law school. During my internship, I often worked long hours, staying back even after  the associates had left to complete the work they had assigned, often under strict  deadlines, and was usually among the first to arrive each morning, not with the intention  of being absorbed in the firms, but simply to absorb as much as possible and maximize  the learning experience.

You began your professional journey assisting the Additional Solicitor General at  the Delhi High Court, where you were exposed to high-profile government  litigation at a very early stage. Soon after, you worked with an Advocate-on Record at the Supreme Court. Looking back, what lessons did you draw from  these formative experiences, and how did they shape your understanding of  appellate practice and prepare you for eventually qualifying as an AOR yourself? 

Immediately after graduation, I joined as an associate with the then ASG and had the  opportunity to work on high-profile cases, including the “Nirbhaya” case among others. My time in the office gave me practical exposure to handling government matters,  understanding the functioning of such offices, and working in a fast-paced environment  where cases often arrived late in the evening and required the four associates to read  files and prepare briefs within tight deadlines for the next day’s listing, which was quite  demanding and often required working late into the night. While attending meetings  and briefings was an interesting learning experience, starting the career in a designated  senior’s office has its limitations, particularly in drafting, which is an essential skill for  any litigating lawyer. Seeking more substantial drafting experience, I decided to join  an AOR in the Supreme Court with whom I was already familiar. This arrangement  allowed me to pursue my own private practice before lower courts and tribunals part time while working in the office, where I would take initiative to draft SLPs and  government-side Counters, as the office was on the panel for the State Government. 

While this may not hold true for everyone, I had recognized that taking the AOR exam  would be professionally significant, yet I could not have anticipated the profound  impact it would have on my career once I qualified. I was aware that becoming an  Advocate-on-Record, particularly in the current generation, carries significant prestige, responsibility and accountability. Most who qualify today have amassed significant  experience across various courts and tribunals before reaching the appellate stage  practice, which equips them with a deeper understanding of the nuances of such  practice, a perspective that is harder to acquire when starting directly at that level.

By 2014, you had taken the bold step of establishing an independent practice.  What were some of the challenges you faced and how did you navigate them? 

When I began my independent practice, my work was mainly in lower courts, service  disputes before the CAT, and High Court litigation, and much of it non-contentious. Initially, I dedicated time to working on several pro bono cases. One of the turning  points came when I was empanelled with DLSA/DSLSA for the CAT panel, where I  was one of the five advocates and was selected on merit through a shortlisting and  interview process. It is often assumed that legal aid is confined to the economically  weaker sections, but under The Legal Services Authorities Act, children, women, senior  citizens, disabled and socially backward classes are equally entitled irrespective of  income. This gave me exposure to clients from very diverse backgrounds and allowed  me to develop the ability to handle people and their concerns at an early stage. 

What made the experience especially meaningful was the trust it created. The  beneficiaries who appreciated my commitment towards their cause and work, often  referred me to their acquaintances, and I would also receive referrals from some  unexpected sources, such as court staff in some courts and other professional networks.  The referrals have not been confined to service matters, but I have also been entrusted  with their personal matters, including criminal, property, and matrimonial cases, among  others. These acknowledgments strengthened my belief in sincerity and perseverance  as the foundation of practice.  

On a more personal note, I come from a family of high achievers and accomplished  individuals, most of whom have pursued structured and conventional career paths. 

Except for my grandfather, who had earned great respect in his time as a prominent  lawyer, I had not personally heard of anyone establish an independent practice and face  the unique challenges that come with it, though I often wish he had still been practicing  when I entered the profession as he was a great inspiration and influenced my decision  to pursue law. I grew up hearing stories of how clients valued his exceptional legal  acumen and how he consistently achieved favourable verdicts. 

Choosing litigation, and doing so as a self-made woman lawyer, brings its own set of  hurdles, but it also gave me resilience, confidence, and the satisfaction of building a  practice on my own merit. I believe it is important for anyone to have some support  system, and for me, that strength came primarily from my grandfather and parents, who  consistently encouraged me to pursue my dreams without being bound by the  conventional expectations of society.  

You’ve dealt with a wide spectrum of cases in the Supreme Court as an Advocate on-Record, a few of which resulted in reportable judgments. How do you see these  experiences contributing to your professional and personal journey? 

While my work in the High Court and lower courts has spanned matters, including appearances both for the government and for private parties, much of my work in the  Supreme Court has involved representing predominantly private parties, including  matters against different State Governments. What I’ve really valued about being an  AOR is the chance to engage with a wide variety of matters, all under one roof in a  short span. Over the years, I’ve handled cases touching on GST, Customs, SEBI,  statutory appeals from NCLAT, Service disputes, Transfer Petitions, and criminal  matters including bail, with some of them resulting in reportable judgments. Among  those, most recently, I argued a batch of cases concerning compassionate appointments,  where the Hon’ble Apex court upheld the High Court’s decision in favor of my clients,  granted the relief we sought, and issued important directives to the State. 

On the professional and personal front, it is truly the vagaries of litigation that will shape you the most over time. There are days when I appear for a Petitioner/Applicant on a particular issue, and almost immediately thereafter, I may find myself defending  the Respondent on the same point in another matter. This frequent transition between perspectives necessitates not only a versatile approach to advocacy but also enhances the way one navigates difficulties in life, while also serving as a reminder that the law  is never unidimensional. 

Your work as a mediator accredited by the International Mediation Institute  reflects a strong commitment to alternative dispute resolution. Alongside  mediation, you also have substantial experience in arbitration. In your view, how are these mechanisms evolving in India, and what role do you see them playing in  the future of dispute resolution? 

In my view, not every conflict calls for the rigours of litigation, many can be effectively  resolved through dialogue and a planned, structured settlement process, a perspective  also endorsed by several sitting and retired judges across different courts. This line of  thought naturally steered me towards arbitration and mediation, reflecting an  inclination I had held from early on.  

The journey for me in mediation began with intensive training of 120 hours initially with an international institute based in Germany, which involved regular simulations  and close interaction with participants from diverse jurisdictions. This foundation  gradually opened opportunities to mediate international disputes alongside colleagues  from different countries, many of whom became professional associates during the  course of training. I became involved in this sphere when mediation was still at its  nascent stage, much prior to the establishment of a statutory framework and I was aware  that it was a burgeoning field with great potential in future. Referrals followed naturally,  leading to further exposure and practice. I would like to think of mediation, by its very  nature, as an inherent skill while also one that is refined through experience and  continuous practice. Once qualified as a mediator, one need not wear the mediator’s hat  at all times. The profession demands the ability to know how to switch hats, as the skill  set of a mediator differs fundamentally from that of an advocate. 

During mediation training, we are introduced to several techniques, which come in  handy, one of which is the classic ‘Orange parable’, it illustrates how two daughters  quarrelled over an orange; one wanted the fruit to eat, the other the peel to bake a cake.  By simply dividing it in half, each lost half of what she truly needed, but had the mother  asked why they wanted it, both could have received 100% of what they sought. The  story highlights how exploring underlying interests, rather than positions, often creates  outcomes that add value at no extra cost. 

My interest in arbitration began during college while preparing as a speaker for a  prestigious international arbitration moot court competition. The research and learning  involved sparked a deep curiosity about the entire process. This led me to apply for an  internship with the DIAC, where I spent a few months gaining first-hand exposure  while still in college. Gradually, I began handling arbitration matters and found the process very engaging, particularly the intricacies of cross-examination, which require  precision and technicality rather than generic questioning, given that its appreciation in arbitration differs from that in a trial. A few years later, I found myself as an arbitrator  in a matter that was successfully steered towards settlement. Over the years, I joined  several national and international arbitration organizations through paid annual  memberships. While these affiliations offer valuable professional connections, I believe  the primary focus should remain on steadily building meaningful work in the field as  accumulating memberships alone, without gradually building substantive work, may  not serve a deeper purpose in advancing one’s practice or the profession. 

It is becoming increasingly clear that ADR is not merely an alternative but represents  the future of dispute resolution. With technological advancements enabling Online  Dispute Resolution (ODR) and the legal framework evolving accordingly, it is  especially being recognized as the way forward for cross-border disputes. Even for that matter in domestic arbitration and mediation, the ability for counsels and parties to  participate remotely is a convenience that was virtually unknown until recently and with  that convenience comes a greater willingness among people to engage in the process, leaving fewer excuses to avoid it. 

Beyond your work in courtrooms, you have also been invited to various forums  and platforms. Could you share how such opportunities have enriched your  professional journey? 

My longstanding interest in subjects extending beyond law such as international  relations/foreign affairs, which I have actively explored by writing articles on diverse  topics that were published in reputed newspapers and journals, I believe for me, has  opened doors to unique opportunities beyond conventional legal practice. These  engagements have allowed me to be invited to various forums, media platforms and  different Embassies, participate in discussions on cross-border issues, and build  meaningful connections with diplomats and professionals in the field and beyond. Such  interactions also help to enrich your professional outlook.

Alongside your independent practice, you serve as a Senior panel counsel for  prominent government bodies like MTNL, NDMC, MCD, DDA and others. How  different is it to represent government and public sector entities compared to  private clients, and what unique responsibilities come with it? 

Representing government and public sector entities presents challenges and  opportunities that are distinct from a private practice involving private parties. The  outcomes in public sector matters often have far-reaching implications, potentially  impacting public funds, policy decisions, or matters of governance, rather than just  individual or corporate interests. The process of receiving and executing instructions  often involves multiple layers of guidance and approvals, requiring both patience and  clear communication as directives pass through several officials. There is also an  increased sense of accountability, as being a lawyer for the government involves  safeguarding the public interest in addition to advancing the client’s position. Timelines  and strategies can be shaped by the internal institutional protocols and procedural  requirements, yet the obligation on the panel counsels to maintain the highest  professional standards is unwavering. It requires not only a certain level of legal  expertise, understanding of the court craft but also a balanced approach that respects  both the letter of the law and the wider societal stakes involved. At the same time,  private practice from the private Petitioner and Applicant’s side offers unique rewards.  The chance to work closely with clients, shape the strategy of a matter, and see the  tangible impact of your work makes the experience deeply satisfying, while each setting  brings its own distinct professional lessons.  

It bears mention that I have often encountered conflict of interest, since many  individuals approach me for matters involving the same departments where I am  empanelled. This highlights a limitation one cannot afford to put all their eggs in one  basket. In fact, empanelment is sometimes perceived as the ultimate goal for many  freshers, whereas in reality, it should only be meant to an end. The real challenge lies  in the dynamics of whether matters are actually assigned which has numerous variables  at play that are not always apparent to individuals aspiring for empanelment. In my  view, empanelment is valuable only if one has a reasonable prospect of leveraging them  over the long term, since more often than not they come at the cost of opportunities in  private practice that one has to forgo.

With constant changes in legislation, regulatory frameworks, and commercial  practices, how do you stay updated on the latest legal developments? What advice  would you offer to students and young lawyers who aspire to build successful  careers in litigation and dispute resolution?

First and foremost, I believe it is important to discover one’s own “Ikigai” , a concept  beautifully articulated in the book by the same name, which speaks of finding one’s  true purpose. For me, law was never about money or wealth, it goes much deeper. 

At the same time, conviction alone is not enough, the law demands continuous learning,  and purpose finds its true meaning only when matched with consistency and diligence. To stay current with the constant changes in legislation, regulatory frameworks, and  commercial practices, I rely on a blend of traditional resources and contemporary tools.  I am subscribed to reputed legal journals and follow bi monthly if not weekly updates  from regulatory bodies. If a particular webinar or conference interests me, I make it a  point to watch the sessions or recordings whenever time permits, as they invariably  provide practical perspectives that go beyond what one finds in print. 

On a more practical level, I find some WhatsApp groups to be useful for timely updates  though one must be selective, as some are driven by informal exchanges rather than  substance. I have also maintained paid subscriptions to legal databases, and whenever  possible, I even like to read international publications such as The Economist and The  Guardian to keep a more rounded view. In litigation, time management is extremely  critical. There is always too much to read and absorb, so the key lies in prioritizing  credible sources and ensuring that learning remains consistent, even if not exhaustive. After all, there are perhaps only a few professions/roles that demand knowledge across  a vast spectrum of disciplines and engagement with society at large namely those of a  judge, a civil servant and an advocate. Therefore, as a lawyer, the reading cannot be  confined to judgments alone. 

For students and young lawyers aspiring to build careers in litigation and dispute  resolution, my advice is to not follow someone else’s path just because it worked for  them. Your journey is unique, so find what resonates with you and let it guide your  growth in this dynamic field.

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