Super Lawyer

Tag: dispute resolution

  • You have to be in the process of continuous learning as the legal world is like a dynamic river; it never stops moving-Shivee Pandey Sinha, Managing Partner at Sinha & Partners

    You have to be in the process of continuous learning as the legal world is like a dynamic river; it never stops moving-Shivee Pandey Sinha, Managing Partner at Sinha & Partners

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you share the story of how you decided to pursue a career in law, and  what inspired you to become a lawyer? 

    Well, my journey into the field of law was greatly influenced by my family’s  legacy of distinguished lawyers, particularly my maternal grandfather, Mr. Gyan  Chandra Dwivedi. He was a Senior Advocate at the High Court of Judicature at  Allahabad and a true luminary in the legal world. His reputation for his commitment to  justice and his impact on people’s lives left an enduring impression on me. 

    As a child, I often found myself intrigued by the stories and discussions about  legal cases that echoed through our family gatherings. These conversations weren’t just  about courtroom dramas; they were about real people’s lives being shaped and justice  being served. The more I heard, the more I felt drawn to the idea of becoming a lawyer. 

    After finishing school, I decided to follow this innate calling and embarked on  my journey towards a career in law. I got myself enrolled in a B.B.A. LLB (Hons) program at Amity University, Uttar Pradesh. This was the first step in the realization of  my passion for the legal profession. 

    However, the pivotal moment in my journey came during my second year of  law school when I had the opportunity to intern with the Human Rights Law Network  (H.R.L.N.) in Allahabad. It was during this internship that I got a taste of what it truly  means to be a lawyer. 

    One particular case during this internship became a turning point in my life. I  was entrusted with the responsibility of drafting and arguing a Public Interest Litigation  (PIL) seeking a ban on the sale of acid in Uttar Pradesh. This was not just a case but a  chance to bring about tangible and positive change in society. 

    The day came when I had to stand before the court and present our case. To my  surprise and honour, the case was heard by the now Chief Justice of India, Justice D.Y.  Chandrachud, who was then presiding in Allahabad High Court along with Justice  Harcauli. My heart raced as I presented our case, knowing that it had the potential to  make a difference in the lives of countless people. 

    The order came in our favour, whereby the CMO of Allahabad was directed to  ensure that medical aid (bed in the severely burned ward) be provided to the acid attack  victim immediately. Further, Justice Chandrachud’s kind words of appreciation for our  efforts were incredibly encouraging. This experience was profoundly enriching and  reinforced my passion for law. It showcased the immense potential law holds to bring  about positive change in society and ensure justice is served. 

    From that moment on, my commitment to the legal profession deepened, and I  knew that I was on the right path. It was a journey driven by my family’s legacy and  fuelled by the desire to make a meaningful contribution to the world through the pursuit  of justice.

    Today, as a lawyer and Managing Partner at Sinha & Partners, Advocates and  Solicitors, I continue to be inspired by the values instilled in me by my family and the  belief that law has the power to transform lives and society for the better. This is the  story of how I found my calling in the world of law, and it’s a journey I cherish every  day. 

    Can you walk us through some key milestones and experiences that shaped  your legal career? 

    Certainly, let me take you on a journey through some key milestones and  experiences that have profoundly shaped my legal career. 

    One of the pivotal moments in my career came when I had the opportunity to  argue a case of medical negligence. It was a case that not only tested my legal acumen  but also my dedication to seeking justice for my client. The District Forum passed a  judgment in our favor, holding the doctors and hospital guilty of medical negligence  and unfair trade practice. It was a significant victory, but the journey was far from over. 

    The case was subsequently challenged before the State Commission, where we  faced a setback. The appeal was allowed, based on an erroneous finding by the State  Commission. It was a moment of adversity, but it only fuelled my determination. I  decided to challenge the State Commission’s order and sought revision before the  National Consumer Dispute Redressal Commission. 

    This was a critical juncture in my career, and it required unwavering  perseverance. After a rigorous legal battle, the National Consumer Dispute Redressal  Commission ultimately passed judgment in favor of my client. It was a sweet victory  that reaffirmed my belief in the legal system’s ability to right wrongs. 

    Another significant milestone in my journey was when I successfully had an  award passed by a Sole Arbitrator set aside under Section 34 of the Arbitration and  Conciliation Act, 1996. The circumstances surrounding this case were unique and  challenging. The award had erroneously granted rent to the landlord for a commercial  property during the lockdown imposed due to the COVID-19 pandemic. 

    The legal battle that followed was intense, but it led to a groundbreaking  decision by the Hon’ble High Court. The court ruled that COVID-19 constituted a force  majeure event, and invoking the force majeure clause during such times was both valid  and legal. It was a significant precedent that not only benefited my client but also had  broader implications for legal interpretations during unprecedented events. 

    In another instance, I managed to halt the initiation of the Corporate Insolvency  Resolution Process (CIRP) after the first meeting of the Committee of Creditors (CoC).  This achievement was the result of a strategic settlement between the Corporate Debtor  and the Creditor. It was a testament to the power of negotiation and finding common  ground in the often-complex world of insolvency proceedings.

    These milestones and experiences have played a crucial role in shaping my legal  career. They have instilled in me a deep sense of commitment to delivering excellence  in the legal profession. They have also equipped me with the skills and determination  needed to navigate the intricate and challenging legal landscapes that continue to unfold  before me. 

    As the Managing Partner at Sinha & Partners, you’ve navigated complex legal  landscapes. Could you share an example of a particularly challenging case or  situation you’ve encountered and how you successfully handled it? 

    There are several challenging situations which I encountered during my tenure as  the Managing Partner at Sinha & Partners. It is a complex legal landscape, and the  stakes are extremely high. 

    Let me share one of such many cases. The case involved a multinational corporation  embroiled in a protracted contractual dispute with a key business partner. The dispute  was multi-faceted, spanning several jurisdictions and involving significant financial  interests. Our client was facing the risk of substantial financial losses and damage to its  reputation if the dispute wasn’t resolved favorably. 

    Navigating this complex situation required a multi-pronged approach. Here’s how we  tackled it: 

    Thorough Analysis: The first step was an in-depth analysis of the contractual  agreements, relevant laws, and the nuances of the dispute. This involved a meticulous  review of documents and a deep understanding of the client’s business operations. 

    Strategy Development: Based on our analysis, we crafted a comprehensive legal  strategy. This included identifying potential weaknesses in the opposing party’s  arguments and formulating strong counterarguments. 

    Multi-Jurisdictional Coordination: Given the international aspects of the dispute, we  coordinated with legal experts and partners in various jurisdictions to ensure a cohesive  approach. Clear communication and strategic alignment were paramount. 

    Negotiation and Mediation: Recognizing the potential benefits of an amicable  resolution, we engaged in extensive negotiation and mediation efforts. This required  maintaining a delicate balance between asserting our client’s rights and exploring  settlement options. 

    Litigation Preparedness: Simultaneously, we prepared for potential litigation. This  involved gathering evidence, identifying key witnesses, and ensuring our legal team  was ready for courtroom proceedings. 

    Client Communication: Throughout the process, we maintained open and transparent  communication with our client. We provided regular updates on the progress of the case  and discussed potential scenarios and their implications.

    After months of intense negotiations and legal manoeuvring, we achieved a  favorable settlement for our client. The agreement not only safeguarded their financial  interests but also included provisions to protect their reputation and ongoing business  relationships. 

    This case taught me several valuable lessons. It emphasized the importance of  meticulous preparation, strategic thinking, and effective communication. It also  underscored the significance of flexibility and adaptability in the face of evolving  circumstances. 

    Ultimately, successfully handling this complex case was a team effort, and it  showcased the dedication and expertise of our legal team at Sinha & Partners. It  reinforced our commitment to delivering exceptional results for our clients, even in the  most challenging legal landscapes. 

    During your time as an External Member of the Internal Complaint  Committee under the Sexual Harassment of Women at Workplace Act, what have  been some of the most important lessons you’ve learned about workplace  compliance and gender equality? 

    Certainly, let me share my experiences during my time as an External Member of  the Internal Complaint Committee under the Sexual Harassment of Women at  Workplace Act. It’s been a journey filled with valuable lessons about workplace  compliance and gender equality. 

    Picture this – I found myself in a unique position, serving as an External  Member on the Committee. From the very beginning, it was evident that empathy plays  a pivotal role in addressing workplace harassment cases. Hearing the survivors’ stories  and understanding their experiences first hand made me realize the profound impact  empathy can have. It’s not just a professional duty; it’s about creating a safe and  supportive space where survivors can find solace and trust the process. 

    One of the standout lessons was the importance of proactive prevention. It’s not  enough to have policies in place; it’s about fostering a culture of respect and equality  within the workplace. When employees feel genuinely valued and respected, issues are  less likely to surface in the first place. Prevention truly is worth its weight in gold. 

    Then came the realization that fair procedures are the bedrock of any effective  complaint resolution process. The investigations must be thorough, impartial, and swift.  This ensures justice for all parties involved and maintains trust in the system. 

    Education emerged as a key component. Many employees, I discovered, weren’t  fully aware of their rights or what constituted harassment. Educating the workforce  about these critical matters proved to be pivotal. Knowledge empowers individuals to  recognize and report inappropriate behaviour, fostering a safer working environment. 

    Perhaps one of the most resounding lessons was the unequivocal stance against  retaliation. It was abundantly clear that employees should feel safe and secure when 

    coming forward with complaints. Fear of repercussions should have no place in such a  scenario. 

    And then there was the understanding that gender equality isn’t the sole  responsibility of one gender. It’s a collective effort that requires both men and women  to champion equality in the workplace. Everyone must play their part. 

    Lastly, the journey underscored that workplace compliance and gender equality  are not one-time achievements. They demand continuous improvement. Regularly  revisiting and enhancing policies and practices is the key to creating a better work  environment. 

    In summary, serving as an External Member of an Internal Complaint Committee  of an organisation is a profound experience that reinforced the significance of active  commitment, empathy, and an unceasing pursuit of improvement in creating a truly  inclusive and safe workplace for all. It’s a journey we should all embark upon together,  because, in the end, it’s about justice, respect, and equality for everyone. 

    Your expertise includes Commercial Litigation and Corporate Compliance.  Could you provide insights into the intersection of these two areas and how they  impact businesses in today’s legal environment? 

    Commercial litigation and corporate compliance—it’s like a dynamic dance, and  let me share some insights into how they tango in today’s legal landscape: 

    Risk Mitigation: Picture this as your shield in the legal battlefield. Strong  corporate compliance practices are your first line of defense. They’re all about  making sure your business plays by the rules and stays on the right side of the law.  Why? Because when you’re compliant, you’re mitigating the risk of legal disputes.  It’s like having an insurance policy against lawsuits. 

    Dispute Resolution: But hey, life’s not always a smooth sail. Disputes happen, and  when they do, your compliance practices and records can be your knight in shining  armor. They’re crucial in defending your actions and minimizing any potential legal  liabilities. It’s like having a well-prepared strategy for a chess match. 

    Contractual Compliance: Ever heard the phrase, “It’s all in the fine print”? Well,  in commercial litigation, it often is. Many cases revolve around contractual  disputes. So, if you’ve diligently adhered to your contractual obligations, you’re in  a much better position to steer clear of litigation storms. It’s like ensuring  everyone’s on the same page. 

    Regulatory Changes: The legal landscape is like a moving target—regulations  change, and they change fast. Staying updated on these changes and adapting your  compliance practices accordingly is like navigating a constantly shifting maze. It’s  a must to reduce the chances of legal headaches down the road. 

    Reputation Management: In today’s hyperconnected world, your reputation is  gold. Effective compliance and litigation management are like your guardians of 

    reputation. They not only keep you out of trouble but also safeguard your  company’s image. And in business, that’s priceless. 

    So, there you have it—commercial litigation and corporate compliance, two sides of  the same coin in today’s legal arena. Together, they help businesses thrive while  minimizing the legal hiccups that can trip you up along the way. It’s all about keeping  the dance smooth and in harmony. 

    You have experience representing clients before different courts and forums  in Delhi NCR. Can you share some valuable tips for young lawyers on effective  courtroom advocacy and client representation? 

    Absolutely, I’d be happy to offer some practical advice for young lawyers when  it comes to effective courtroom advocacy and client representation: 

    Thorough Preparation: Before stepping into the courtroom, invest ample time in  thoroughly understanding your case, including the legal aspects, relevant  precedents, and the key facts. Anticipate potential arguments from the opposing  side, and be ready with well-researched counterarguments. 

    Confidence and Professionalism: Maintain a confident demeanour while always  upholding the highest standards of professionalism. This includes how you interact  with both the court and your clients. Confidence can inspire trust in your clients and  convey competence to the court. 

    Effective Communication: When presenting your case, aim for clear and concise  communication. Avoid using legal jargon that might confuse your clients or the  court. Ensure that your client fully comprehends the proceedings, and be ready to  explain legal matters in plain language. 

    Active Listening: Actively listen to your client’s concerns and questions. Keeping  your clients well-informed about the progress of their case is vital. Address their  queries promptly and provide updates on the developments in their legal matter. 

    Adaptability: Be flexible in your approach. Legal proceedings can take unexpected  turns, so always be prepared to adapt your strategy and arguments if the  circumstances change during the case. This flexibility can be a key asset in  achieving the best possible outcome for your client. 

    Ethical Practice: Uphold the highest ethical standards in all your interactions and  actions. Your reputation for integrity is one of your most valuable assets as a lawyer.  Always act in the best interests of your clients while adhering to ethical guidelines  and professional conduct. 

    Mentorship: Seek out experienced lawyers who can serve as mentors. Learning  from their insights and experiences can be incredibly valuable as you navigate the  complexities of legal practice. A mentor can provide guidance, share practical  knowledge, and help you grow as a legal professional.

    Remember that effective courtroom advocacy and client representation are skills that  develop over time with experience and continuous learning. Stay dedicated to honing  these skills, and you’ll be better equipped to serve your clients and achieve success in  your legal career 

    When it comes to dealing with the Companies Act, 2013, I’ve seen firsthand  how it can get pretty complex. Businesses often encounter some common  challenges, and here’s my take on it: 

    Regulatory Changes: This act is like a chameleon—it’s always changing its colors.

    Frequent amendments and updates keep rolling in, and businesses need to stay on  their

    toes to keep up. It’s like trying to catch a moving target. 

    Corporate Governance: Proper corporate governance is crucial, but it’s not  always a walk in the park. It involves things like making sure board meetings are  held as required and disclosures are made accurately. Sometimes, it feels like  juggling multiple balls in the air. 

    Financial Reporting: Ah, financial reporting! This one’s a classic challenge. It’s  not just about numbers; it’s about getting them right, auditing them thoroughly, and  filing them on time. It’s like a high-stakes game of financial precision. 

    Related-Party Transactions: Compliance with regulations on related-party  transactions can be quite a puzzle. It’s a delicate balancing act, and one wrong move  can lead to trouble. Managing these intricacies is key. 

    Compliance Documentation: Let’s not forget about the paperwork. Maintaining  meticulous records and documentation is critical. It’s like building a paper trail that  stands up to scrutiny. 

    So, how do I lend a hand to businesses dealing with these challenges? Well, I like to be  proactive. I offer compliance solutions that are ahead of the curve, conduct thorough  compliance audits, and provide guidance that helps businesses navigate the Companies  Act, 2013, and all its intricacies. It’s all about making sure they stay on the right side of  the law while they focus on their core operations 

    Finally, for fresh graduates aspiring to pursue a career in law, what advice  would you offer based on your own experiences and growth in the legal field? 

    To fresh graduates with dreams of embarking on a legal career, I’ve got some  advice based on my own experiences and growth in the legal field: 

    First and foremost, nurture a true passion for the law and a steadfast dedication  to the pursuit of justice. Trust me, it’s this passion that will be your unwavering ally  when you face the inevitable challenges along the way. 

    Secondly, you have to be in the process of continuous learning as the legal world  is like a dynamic river; it never stops moving. So, make a pact with yourself to be a  lifelong learner. Stay curious, stay hungry for knowledge, and keep an eagle eye on 

    legal developments, including the latest case law and legislative changes. This  knowledge is your secret weapon for excelling in your practice and serving your clients  with excellence. 

    Finally, I could not stress more on the power of connections. Take the time to  build relationships within the legal community. It’s not just about collecting business  cards; it’s about forging genuine connections with fellow lawyers, mentors, and  seasoned practitioners. These connections can work wonders, opening doors to exciting  opportunities and valuable mentorship that can fast-track your journey in the legal  profession. 

    Remember, the path you’re embarking on is both challenging and incredibly rewarding.  With passion, continuous learning, and a well-nurtured network, you’ll not only  navigate this path but also thrive in the world of law. Best of luck on your exciting  journey ahead!

    Get in touch with Shivee Pandey Sinha-

  • My first piece of advice to aspiring arbitration specialists would be to gain experience in trial courts where cross-examination is critical- Hiroo Advani, Founder & Chairman, Advani Law

    My first piece of advice to aspiring arbitration specialists would be to gain experience in trial courts where cross-examination is critical- Hiroo Advani, Founder & Chairman, Advani Law

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us about your journey and how you ended up pursuing a career in law? What inspired you to specialize in arbitration law?

    My father was a renowned Senior Counsel and at some point in my early years, I was intrigued to choose law as a career. However, I was still going back and forth in making a final decision. I, then met some people from America in Mumbai who had major on-going arbitrations with ONGC. Frankly, the fees that was offered to me as a Junior Counsel was so lucrative that I was immediately attracted to handle arbitrations for them. Yielding successful results for my clients, they recommended my name to a large number of international companies that had their base in India. So, I started getting a lot of international arbitration matters as a Junior Counsel in India.

    Graduating with a Gold Medal from Bombay University is a remarkable achievement. How did your academic background influence your career path in law?

    Receiving a Gold Medal from the Bombay University dissipated all the uncertainties I previously had, as it gave me the confidence that I obviously had the necessary skills for the legal profession and got even more determined to pursue law as a career.

    You completed your degree in Law from the University of Cambridge, UK. How did studying abroad shape your perspectives on law and arbitration?

    While studying in Cambridge, I learned how to carry out an in-depth analysis of legal cases. In those days, we did not have NLUs (National Law Universities) and only had very few law colleges, where they opted for a rather standard approach to legal studies. Cambridge taught me how to go about the subjects and understand the very core and nexus of the subjects with a certain amount of depth.   

    As the Founder and Managing Partner of Advani Law, you’ve become a highly regarded authority on arbitration law. Could you share some key moments or experiences that helped you reach this position?

    I had desired to become a Counsel in the Bombay High Court, however, by sheer coincidence, my clients from America, with whom I had developed a long term association, suggested that I establish a law firm as large corporations usually preferred to engage law firms instead of lawyers in their individual capacity.  With this understanding, I decided to start my law firm, Advani & Co. It was a very exciting journey, as all international companies I worked with made me travel around the world for many complex arbitrations. I found the work so exhilarating that I decided to focus on international arbitration instead of confining myself to courts in India. 

    You’ve been actively involved with various arbitral institutions, including SIAC, KLRCA, LCIA, and others. How did you become a member of the SIAC Court, and how has this involvement impacted your career?

    I appeared in an arbitration before Michael Pryles, who later became the Chairman of Singapore International Arbitration Centre (SIAC) Court. He found that I would be a suitable candidate for spearheading arbitration work in India. It did not seriously impact my career until the SIAC Board started appointing me as an arbitrator alongside retired Hon’ble Chief Justices and Supreme Court Judges of India, with me being the presiding arbitrator in most cases. Therefore, my career grew as an arbitrator alongside my role as a lawyer.

    Serving as the first President of the Indian Arbitration Forum is a significant accomplishment. Could you share some of the challenges and rewards you experienced during your tenure?

    There were some conferences in Singapore that I was unable to attend, however, several of colleagues had attended the same and suggested my name as the first President of the Indian Arbitration Forum (IAF). When I arrived from abroad, I was informed that I was the first President of the IAF. I attempted to create an Arbitration Bar, but I was not very successful as more lawyers were not treating arbitration as a specialty at that time. So after several years, I deem its best to be left for the younger lawyers to create an Arbitration Bar for international cases.      

    Your expertise lies in both Commercial Domestic and International Arbitration. What sparked your interest in working with global players in the oil and gas, infrastructure, construction, and renewable energy sectors?

    During the early 2005’s,  I was handling the cream of international arbitration work in India. However, from 2005 onwards, all major arbitrations were going to international law firms. Consequently, I started taking on domestic cases where the stakes were higher, and Indian companies began paying more than before.

    Enforcement of Awards and Foreign Decrees can be challenging, especially in India. How have you and your firm successfully navigated and enforced international awards in the country’s legal landscape?

    Many international law firms are familiar with us and approach us for the enforcement of international arbitration awards and decrees from their courts. As for enforcement overseas, we engage law firms we have known in that territory for a long period of time, as we don’t have an active role in enforcing awards outside India.

    You’ve been invited to speak at various organizations, both locally and internationally, on arbitration-related topics. How do you approach these speaking engagements, and what key messages do you aim to deliver to the audience?

    Currently, for the last two years, there has been opposition and dissenting views with regards to whether non-signatories can be made party to arbitration proceedings. I strongly believe that Indian courts have taken a proper view that non-signatories can be made a party. Although this view is unpopular in England and Singapore, both of which are common law countries, I believe India has taken a lead in this regard. I have actively promoted this perspective in all the arbitration conferences where I have been a speaker in recent years.

    With your wealth of experience in the legal profession, what advice would you give to fresh law graduates who are aspiring to pursue a career in arbitration or dispute resolution?

    My first piece of advice to aspiring arbitration specialists would be to gain experience in trial courts where cross-examination is critical. Most high courts do not provide such experience. After gaining experience in trial courts across the nation, you should focus on gaining experience in the High Courts, particularly regarding Section 34 for setting aside awards, as nearly every arbitration in India is challenged in the courts. With experience in both of these areas, you will be well-prepared to establish yourself as an arbitration specialist, handling both international and domestic cases. It’s important to understand that in international arbitrations, you need to collaborate with a lawyer experienced in international arbitration, as they operate quite differently from domestic arbitrations. Armed with this experience, you can confidently handle arbitrations worldwide.

    Get in touch with Hiroo Advani-

  • The quality of the legal profession is that you face new challenges in every matter and you never feel monotonous-Varun S. Ahuja,Partner at Ahuja Law Offices

    The quality of the legal profession is that you face new challenges in every matter and you never feel monotonous-Varun S. Ahuja,Partner at Ahuja Law Offices

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    My father is a practicing lawyer who had an established legal practice. From early age when I used to visit my father’s office, I used to see the respect, which my father commanded. So, from my child hood I aspired to be a lawyer.

    You have obtained a Bachelor’s degree in law from I.P. University and completed your Masters at George Washington University. How have these educational experiences shaped your understanding of the legal field and influenced your career?

    The mode and technique of teaching law of both the universities is completely different. In my case, I can say that both of them complemented each other. While in IP University it was more of bookish knowledge in George Washington University it was more research-based knowledge. In IP University I studied keeping exams in mind, which was usually when exams were approaching. Whereas in George Washington University I had to study before each and every lecture and used to end up spending double the time of lecture to prepare for class. If you don’t study before the lecture you are not able to understand the lecture. In George Washington University they encourage you to ask questions and method of teaching is more interactive.

    You have extensive experience in commercial dispute resolution, arbitration, and corporate advisory. Could you tell us about some of the high-profile cases you have been involved in? What were the challenges you faced, and how did you navigate them?

    The firm is handling work of about 25 corporate clients. There are multiple high profile matters our firms are handling. I will share about one matter before NCLT Mumbai in this matter director ship of a director was cancelled on account of non-compliance of certain provision of Registrar of Companies. The said director took an interim injunction from NCLT regarding his expulsion from Board of Directors as the said director held a significant minority shareholding. We took up the matter on behalf of the company and presented before the court as to how our act is influenced by directives of Registrar of companies and was justified in the circumstances and it was not a case of suppression of minority shareholder. The Hon’ble court was pleased to vacate the injunction order and had decided the matter in our favour.  

    You have authored several articles on various legal topics. Could you give us an overview of some of the key subjects you have covered in your articles? Why did you choose to write on these specific topics, and what impact do you hope they have on the legal community?

    Most our articles have been on Arbitration, Contracts, Commercial Laws and Company Law These topics were chosen keeping in mind that they are my strength area with objective to make people and in-house counsel enlightened about the legal nuances of these subject. At Ahuja Law Offices we believe that knowledge increases by sharing and when we write on a subject the subject attains more clarity in our own mind.

    In your experience, what are the essential qualities and skills that a successful advocate should possess? How have you cultivated these qualities throughout your career?

    An advocate should always post questions and find answers. One needs to develop an analytical bent of mind and logical thinking. Reading and research is essential in legal profession. One should not forget that law is based on logic and necessity. One has to think out of the box to get relief for their clients. You have to give advice to your clients based on what is in best interest of your client and have to win the client’s trust.

    The legal landscape is constantly evolving. How do you stay updated with the latest developments and changes in the field? Are there any specific resources or strategies you would recommend to aspiring lawyers?

    One has to keep oneself updated with regard to legal and economic developments in his field of practice. For commercial litigation one should go through business newspapers and magazines to understand new issues that are arising in the business field and should work on solution for the same.

    Can you share a memorable case or moment from your career that has had a significant impact on you personally or professionally? How did it shape your approach to practicing law?

    Every matter has its own importance and you learn new things from each and every matter. The quality of the legal profession is that you face new challenges in every matter and you never feel monotonous. In my collage days I was interning with Mr. Sidharth Luthra, Senior Advocate, at that time Mr. Luthra was handling matter on behalf of Facebook. In that matter I learnt on what arguments a lawyer should focus and how a lawyer has to cover the weaknesses of the case, while arguing a matter before court.

    Based on your knowledge and experience, what advice would you give to fresh law graduates who are just starting their careers? What are some important factors they should consider as they enter the legal profession?

    They should understand that there are no short cuts to success in legal profession. For first few years a budding lawyer should concentrate on learning work and developing skills. When they know the work money will start flowing automatically. If they will focus on money part in the initial years then they will not make the progress in the profession they deserve.

    Gin touch with Varun S Ahuja-

  • No dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that- Tamal Mandal, Partner, Luthra and Luthra

    No dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that- Tamal Mandal, Partner, Luthra and Luthra

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    To start this conversation, please tell us your motivation behind pursuing law.

    I am from that era when engineering or medicine were the preferred career choices. Hailing from Kharagpur, with the IIT KGP – a stone throw away – the expectation was that I would sit for the JEE. However, it was a chance discussion before the Class 12 board examination with a friend who wanted to pursue law as a career option that piqued my interest in the field.  

    From there, I started my internet research and mind you, at that time around 2004, there were only a handful of National Law Schools (five to be precise). I narrowed down on NUJS, Kolkata and NLSIU, Bangalore. As compared to now, there was not much information available online or offline regarding career options after graduating or even what to expect in the 5 years that I was going to devote in studying and hopefully enjoying my university life. Having decided to become a first-generation lawyer, I took the plunge and appeared for the NUJS entrance test in January 2004 and then the NLSIU test over the summer. To my surprise, I made it to NUJS and the result filtered in just prior to writing my final paper of the ISC (Class 12) board examination. There has been no turning back since then.

    You have extensive experience in international and domestic arbitration, WTO dispute settlement, and commercial litigation. Could you tell us about a case that you found particularly challenging and how you managed to resolve it?

    To my mind, the best part of being a disputes lawyer is the wide array of dispute related work that I have done over the years. Whether it is litigation or arbitration or WTO dispute settlement or investor-state dispute, I can safely say that the core premises more or less remain the same.

    That said, if I have to choose one challenging case that I have worked on in the last 14 years, it has to be an arbitration dispute where I had a tough ask to resist the enforcement of a foreign award rendered in Singapore in an international commercial arbitration from being enforced in India. The client having failed in getting the award set aside in Singapore (which was the seat of the arbitration and whose courts had jurisdiction in setting side proceedings) wanted to contest the enforcement petition filed before the Delhi High Court. I had to work with very limited grounds as Part II of the Arbitration & Conciliation Act, 1996 does not provide a wide latitude when it comes to opposing the enforcement of a foreign award. Nonetheless, basis research on the party who had filed for enforcement, some novel arguments on contravention of public policy were formulated and advanced as that party’s (i.e., the claimant in this case) name had been struck of the register of companies by the Registrar prior to the filing of the enforcement petition. In other words, the argument was that an enforcement petition could not have been filed by a non-existent entity and granting enforcement would be contrary to the public policy of India. This is turn led that party to file an application for restoration of the name of the company in which my client filed an application as an intervenor. Eventually, with all the lawyering and proceedings, both the parties opened talks with a view to negotiate a settlement.

    What are some common misconceptions people have about international commercial arbitration? How would you address these misconceptions?

    Arbitration as a mode of dispute settlement has been well received since the days of the Alabama arbitration in 1872. I don’t think there are many disagreements as to the value and efficacy of the process given the amount of party autonomy that is vested and from the fact that a wide variety of disputes (commercial, investment, trade, maritime, etc.) have been resolved using arbitration.  

    That said, no dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that. To my mind, the most common recent criticism or misconception (if I may equate the two) concerns the costs of running with an arbitration. From the arbitrators fees to counsel fees to institution fees, it is true that there has been an uptick in the cost that a party has to bear in choosing to arbitrate a dispute. However, I believe that the cost aspect is often offset by the efficiency of the process which can lead to an arbitral award in a much shorter time frame compared to national court proceedings. Second, “well managing” an arbitration is partly in the hands of the parties and their counsels, and this can bring down costs, for example, agreeing and respecting timelines, having a document only arbitration when the claims are simple and evidence is not required, etc.

    Another common misconception is that a party nominated arbitrator means you have someone on your side. The fact that arbitrators, whether it is the presiding arbitrator or the party nominees, have to be impartial and neutral is the bedrock of arbitration and to expect anything to the contrary is equivalent to discrediting the process itself.

    Lastly, the so-called “standard” arbitration clauses from the past are fast losing their relevance. With the blinding evolution of the laws and processes in international commercial arbitration, having a tailor-made arbitration clause in a contract/agreement that is being negotiated is a must to not only safeguard a party’s right but also add to the efficiency of the process when a dispute materialises later from the performance or non-performance of that contract/agreement.    

    You have worked with the WTO as a Dispute Settlement Lawyer in the Appellate Body Secretariat. Could you explain to us the role of the Appellate Body and how it works within the WTO dispute settlement system?

    The World Trade Organization (WTO), as many of the readers may know, is an intergovernmental organization based in Geneva, Switzerland that was established in 1995 and deals with rules of global trade. While one function of the WTO is to negotiate new rules on global trade, the other main function is to resolve disputes between Member States arising from the interpretation and application of the WTO treaties.

    In a first of its kind in the international arena, dispute settlement at the WTO was designed as a two-tiered system. To begin with, if a dispute is not resolved amicably in consultations, a panel of experts (simply called a panel) then decides the dispute that is brought by one WTO Member against another WTO Member alleging that the latter has violated or acted inconsistently with the treaty obligations it took upon itself. A panel issues a ruling which is called the Panel Report. The losing WTO Member has the right to appeal a Panel Report to a standing body of 7 experts who comprise the Appellate Body which at the time of its creation was termed as the jewel in the crown of the WTO. Each Appellate Body Member is appointed for an initial term of 4 years and can be extended for a second 4-year term.  

    The Appellate Body is therefore the final arbiter of disputes between WTO Member States and hands down decisions that are binding upon the litigants. The Appellate Body has the power to consider questions of law raised in an appeal and then to uphold or reverse or modify the panel’s ruling. Each appeal before the Appellate Body is handled by a division of 3 Appellate Body Members in accordance with the timelines prescribed in the WTO Dispute Settlement Understanding. The Appellate Body Members are ably assisted by the Appellate Body Secretariat comprised of lawyers and support staff.

    However, since late 2019, the Appellate Body is no longer functional owing to the United States blocking the appointment of Appellate Body Members. Talks are continuing in Geneva on how to resolve this crisis that requires consensus of all WTO Member States. In the meantime, for those who are wondering as to what is happening to any appeal that is filed, sadly panel reports that have been appealed since 2020 are lying still without any adjudication.  

    You are skilled in providing input into policy framing, strategic planning, and decision making. What are some of the challenges you have faced when advising clients on these matters?

    Much of it depends on who the client is. For instance, when the client is a sovereign government, the considerations and challenges are slightly different. In advising Ministers and policy officials who may want a particular policy to be in place, one has to carefully balance articulating the magnitude of legal risk in having such a policy and what could happen if the policy was to be successfully challenged. In such instances, while there may be commercial considerations, the other important consideration is to carefully consider the larger public interest as well reputational risks in having such a policy in place. Thus, there is an inherent balancing act that a lawyer has to perform between, on the one hand legal risks and, on the other, the policy rationale.

    When I have to do the same for a private client, commercial and reputational considerations become the key. And then I have to be upfront about the uncertainty of what may result from litigating/arbitrating a matter vis-à-vis costs of pursuing it, commercially as well as reputation wise. Let me give you an example, while arbitrating a dispute can result in an award relatively quickly, one has to also consider how best to enforce that award, where to enforce that award and how long will that process take. When such considerations are put forth before clients, they appreciate and take that on board and more often than not involve the layer in making a final decision.      

    You have a Master of Laws (LL.M) in International Dispute Settlement. What inspired you to pursue this field of study, and how has it influenced your career?

    From my early days in NUJS, I was pretty certain that I wanted to be a disputes lawyer. So, when I started out with the dispute resolution team at the erstwhile Amarchand & Mangaldas in 2009, I was exposed to a wide variety of proceedings before different forums – from the Supreme Court to district courts, from arbitration to mediation sessions, criminal proceedings, etc. And these varied experiences set off a spark in me to explore the field of international dispute settlement, like proceedings before the International Court of Justice (ICJ), state-to-state dispute settlement at the WTO, investment treaty arbitrations, etc.

    Thus, the MIDS or the LL.M. in International Dispute Settlement offered jointly by the University of Geneva and Graduate Institute of International and Development Studies became the natural choice given the stellar teaching cast and its location in the heart of the practice of international law and diplomacy.

    Be it public or private international law, MIDS provided me with an unparalleled experience in the field of international disputes. The MIDS was pivotal in my subsequent journey as an international disputes lawyer. It provided me with the platform to pursue an internship with the Appellate Body Secretariat which later materialised into a full-time position as a dispute settlement lawyer. My time at the Appellate Body Secretariat was thoroughly exciting given the types and kinds of disputes that came up for consideration at the WTO in addition to the lifelong friends I made while working there. The WTO stint in turn set me up for a position with the UK Government in London to work on UK’s international disputes engagements prior to my return to India where I am currently a Partner in Luthra and Luthra’s dispute resolution practice.

    Lastly, what advice would you give to young lawyers interested in pursuing a career in international trade law and dispute resolution?

    From my experience thus far, I can perhaps offer a couple of insights: first, do try and pursue higher studies from an institution and subject of your liking whether it is in the United States, the UK or mainland Europe or anywhere for that matter. I found my year of reading the LL.M. to be fulfilling not only in terms of what I learnt but also in terms of meeting new people, making new friends and getting to know different cultures especially when batchmates come from across the globe.

    The second piece of insight I have to offer to young lawyers is not to super specialise early on in your legal career. If somebody is interested in dispute resolution, try working on as many aspects of it that you can i.e., do court litigation, do an ad hoc arbitration, do an institutional arbitration, try your hand at tribunal litigation (for example before the CESTAT, NCLT) and better still work on a criminal law matter before the trial courts. Take my case, over the years, I have been lucky do all of the above and that’s why I always consider myself to be a generalist disputes lawyer which I believe has helped me tremendously in the varying roles that I have taken up the last 14 years.

    Get in touch with Tamal Mandal-

  • What does it take to become a partner? Sahil Narang, Partner at Khaitan & Co and AOR, Supreme Court shares his 8-year-long journey at Khaitan: from junior associate to a distinguished Partner.

    What does it take to become a partner? Sahil Narang, Partner at Khaitan & Co and AOR, Supreme Court shares his 8-year-long journey at Khaitan: from junior associate to a distinguished Partner.

    This interview has been published by Sonali Parashar and the SuperLawyer Team

    Let us begin with the most important question, did you always dream of becoming a lawyer or, did it happen by chance? Also, tell us about your journey.

    Before coming to what led me to become a lawyer- a little bit about me. I hail from Abohar, a small town, about 30 km from the India-Pakistan border, in the State of Punjab. My grandfather was a local politician and social worker, and my father was a lawyer practising at the city civil courts, Abohar who, quite often, also used to attend and appear before the District Courts at Ferozepur (later at Fazilka, a border town). So, I was exposed to the field of law at a very young age. 

    Since I grew up looking at my father, working diligently as a lawyer and collecting hundreds of books for his library every year, the curiosity towards law was imbibed in me by default. However, I had a huge interest in the field of science during my school days and wanted to become either a doctor or an engineer given the trend prevalent at that time.  I went on to study science in the 11th and 12th standard and gave competitive exams such as the IIT, AIEEE, etc. to get admission into engineering courses back then. I had an option to continue that pursuit and become an engineer, however, the innate affinity towards law imbibed within me from childhood, looking at the meticulous way my father used to practise law, pushed me to pursue the study of law. Therefore, rather than getting admission in some renowned engineering college, I enrolled in the B.A.(Hons.) program at DAV College, Chandigarh affiliated to the Panjab University, Chandigarh. I passed BA with a distinction in Political Science in 2005, post which I got selected in the three-year law course at one of the oldest institutions in the region, the Department of Laws, Chandigarh, my father’s alma mater.

    Since I was inclined to continue the study of law and give competitive examinations including the judicial services exam, I got admitted to the LL.M course at NALSAR University of Law, Hyderabad through CLAT. I was actively involved in research, pro bono work and co-curricular activities at the university during the LL.M course. 

    During my days at NALSAR, I was introduced to various opportunities in the field of law. I also got an opportunity to attend the Private International Law Course at the Hague Academy of International Law at, the Hague, the Netherlands in 2009. Eventually, I joined Khaitan & Co. and a decade later – here we are. 

    The present focus is on advising on regulatory issues, commercial litigation, and the representation of various clients from the entertainment and multiplex industry across India. If we draw a comparison between the global and Indian entertainment and multiplex industries, were you able to predict these advancements in the legal arena?  

    The advancement in the legal arena surrounding a sector depends upon the growth of that sector. I have been blessed to get exposure to and advise and represent clients in various sectors including in the entertainment and multiplex industry during my career. The Indian entertainment and multiplex industry caters to a very different demographic as compared to the western world. Although we receive some guidance from other countries when it comes to legal issues surrounding this sector. While there is a significant amount of autonomy and minimal regulation in western countries in the sphere of entertainment and cinemas, jurisprudence is still evolving in India. We still see heavy regulation by the government in these spheres and archaic laws which are dealing with these fields. The Indian cinema industry is faced with archaic laws which need to be updated given the fast-paced development in this area. The liberalisation of Indian cinemas and the recent shift to OTT has been a game-changer on how people consume entertainment in today’s world. The recent years have witnessed a massive influx of OTT giants such as Netflix and Amazon foraying into the Indian market. This has led to an increased reliance on Indian lawyers to assist them to find their way into the Indian space and steer clear from legal repercussions. The real challenge is for the regulation to catch up with the development of this sector.    

    You were named as one of the lawyers for Legal Era’s 40 under 40 list in the field of law for the year 2020, and you also served as the Co-Chair of Competition Law & Consumer Affairs Committee of PHDCCI for Presidential Year 2021-22. Congratulations on adding another feather to your cap. What is your next goal? Is there anything you’d like to tell us about?

    I had started with Khaitan & Co as an intern in the year 2009, got a PPO and became a Partner with the Dispute Resolution practice group, New Delhi in the year 2018. I have learnt a lot during this time. Currently, I lead a team of lawyers working on the dispute resolution side with a primary focus on commercial litigation and arbitration. The year 2020 was a very challenging year given the outbreak of the COVID-19 pandemic. It brought the best out of many of us. I was very lucky to have worked on a variety of matters despite the disruption in the legal sector because of the pandemic. It was because of the wide variety of work and the client’s recommendations that helped me get recognised in recent years. 

    However, I wish to be mindful that it’s a sea out there and there is still more to be achieved. I would want to expand my commercial litigation and arbitration practice, both domestic and international, and engage more in highly complex and challenging disputes. 

    Besides this, I would also like to contribute to the development of jurisprudence in various nuances of laws including beneficial legislations made for ease of trade and commerce.

    Having received so much from the legal fraternity, I would like to take out time to render legal advice to individuals and organisations that are unable to afford legal advice and/or cannot access legal aid. Various organisations are doing good work in this sphere. However, it is particularly overwhelming to see young law students very effectively running legal aid clinics in their colleges and effectively using social media to educate people and spread legal awareness. It would be a privilege to be associated with such benevolent activities.  

    At this juncture of my career, I would want to engage with law students and young lawyers to share the experiences and learnings, which I have received in my career to date. In fact, in furtherance of this endeavour, I have been actively participating in such webinars and would certainly like to keep that going. 

    I would conclude with a famous quote – ‘Big tasks are still out there and a lot of hard work yet to be done.

    You are involved in research and have authored some extensive research on a variety of topics. How has research work helped you stay updated with the academics as well as policy and legislative changes that we see occur from time to time?

    I think the most important tool in a lawyer’s toolbox is his / her ability to research, read and write. During my time at NALSAR University of Law, while pursuing the masters’ course, I realised that one of the best things one could invest in is books, be it academic or otherwise. This habit of reading will inculcate a life-long habit of curiosity and research.  

    This helped me immensely during my preparation for the coveted Advocate-on-record exam of the Supreme Court of India. Getting admitted is a major achievement as very few lawyers qualify in this annually held examination conducted by the Supreme Court of India.

    In addition, knowing and being abreast of the current position of law gives one confidence in dealing with and correctly advising a client.  

    Further, research methodologies would generally include comparatives analysis of legislation across jurisdictions and critique of legislation and policy prevalent in various jurisdictions. This would in turn give one perspective of laws of developed countries and what legislative changes our country may see. 

    Mr. Sahil Narang, Partner at Khaitan & Co.

    Can you give our readers a brief idea of what they need to prepare for if they want to climb the corporate ladder based on your experience representing international commercial arbitration in a variety of matters?

    There is no shortcut to hard work, perseverance, and commitment. I would add that in the initial years, a young lawyer must remain open to all kinds of work whether he/she chooses to join a law firm, a senior counsel or a chamber practice for his/her training. At a later stage, one may discover their interest in a particular field of law.  

    Further, for one to excel and climb the corporate ladder, it is important to be client-centric, innovative, detail-oriented, and prolific. These virtues will not only make one solution-oriented but also will give them an edge over other contemporaries.

    In the field of arbitration, it is important to refer to commentaries of various celebrated authors on arbitration and keep abreast of recent judgments by the courts.  

    What was the one learning experience throughout your entire career that you’d credit to have shaped your career and brought you to this point?

    My family, I would say has been my greatest motivator, and has shaped my career. Seeing my father practising law at the city civil courts, Abohar, working hard, day in and day out, motivated me at a very young age to work hard and excel in academics. Further, having roots in a very small town has made me grounded but at the same time meaningfully ambitious.

    Can you take us through a typical day in your life? Is it possible to carve out time for your other interests or hobbies given your hectic schedule as a renowned Partner at Khaitan & Co?

    In pre-covid times, most parts of my day were spent either in courts or in office. Substantial time used to be spent commuting from court to office or conferences and venues for arbitration. Travelling used to take a fair share of my time, however, with most courts and tribunals going virtual, I could save a lot of time. Consequently, efficiency increased. During covid times, my day is usually spent on reviewing drafts, attending conference calls with my colleagues in the team, clients, and senior counsel. I also make it a point to read the latest case laws of the Supreme Court and other courts on dispute resolution and arbitration. Even in my hectic schedule, I make it a point to take out time for my family. I love to read books on weekends. My favourite pastime since my college days has been to watch movies in multiplexes and the latest series on OTT platforms. I have recently picked up badminton as a sport and would also like to learn to play the piano soon.  

    What career advice do you have for our readers? In my opinion, to be successful in the field of law one must inculcate a habit of reading at a young age. One thing that has helped me in being thorough in my work is that I read every document in full, irrespective of any preconceived notions. I would advise law students to read, read and read everything you can get your hands on. To put this in perspective, my favourite quote is by Walt Disney- “There is more treasure in books than in all the pirate’s loot on Treasure Island.”

    GET IN TOUCH WITH SAHIL NARANG:

  • Bhavana Chandak- Associate at Kachwaha & Partners, Delhi, also volunteering as an Additional Director of Philanthropy at CAN Foundation

    Bhavana Chandak- Associate at Kachwaha & Partners, Delhi, also volunteering as an Additional Director of Philanthropy at CAN Foundation

    This interview has been published by Tanmaya Sharma. The Interview was taken by The SuperLawyer Team.

    You participated in a few National Rowing Championships and secured a great position. What made you choose law over sports? 

    Rowing till date is very close to my heart and I will never forget the days where it was rain or shine we would go down to the jetty and race against others. My passion kept me in the sport and I won the gold medal at the National Championships more than once. I loved my journey as a rower but at the same time, I was not keen on making it my full-time profession. In the penultimate years of school, I decided to pursue law. The prospect of being a lawyer and having a voice in a society wherein I could defend myself lured me to choose law as a career. 

    Do you think that participating in National MUN, National Parliamentary Debate, or National Moot Court Competition helps in real litigation or legal fields?

    Any form of extra-curricular, be it MUN, parliamentary debates or Moots plays an important part in one’s journey in law school.    A MUN gives you exposure to a pre-prepared competition in international diplomacy whereas a Parliamentary Debate teaches you to be quick on your feet and cull out the most interesting arguments in a short span. While the former is a well-rehearsed and researched competition the latter is dependent on your knowledge. Both these competitions are extremely fun, but I would prefer a Parliamentary Debate, because of the adrenaline rush. They help hone your public speaking skills. 

    Moot Court Competitions for sure help you in real-life litigation because they are the closest experience to a courtroom during law school. You learn how to draft issues, present arguments, learn court demeanor, and understand the courtroom. You may participate as a researcher or a speaker, but in either role, you understand the basics of real-life litigation, which you can then build upon once you’re a professional. For instance, when I took part in Mediation at the Symbiosis ADR Competition, I found one of my interest areas in law and when I won the third best memorial at the Philip C. Jessup, I learned how to deal with multi-dimensional issues, court craft, and drafting. I cherish all my participation and accolades in Moot Court Competitions because they have helped me grow as a student of law. 

    Should one always intern under the same Advocate/firm or explore new places with time? What will be best for a law student to establish his/her career in law? 

    Internships are without a doubt a vital part of law school which helps you find your passion and interest areas. Having said that, it is implied that one should explore through in their nascent years, say up to your 3rd year by working at different places. By interning at different places, one is exposed to different laws, working environments, projects. For example, in my first three years, I worked with NGOs, State Commission, a boutique family law firm in Bangalore, a Calcutta High Court Advocate specializing in company law matters, Sr. Advocate Siddharth Luthra specializing in criminal law. In those years I learned how different Courts operate and got a macro understanding of various laws and practices. On the way, through my internship with the Disputes team at Khaitan & Co., I found my interest in arbitration. 

    Then in my last two years, I streamlined my internship opportunities at the Disputes team of various law firms, like Nishith Desai Associates, Dua Associates. In my final year, I was looking to intern with a law firm for the long run or do repeat internships to secure a job. Since I already knew by then that I wanted to practice arbitrations I applied for an internship at Kachwaha and Partners. Once I completed that, I received my assessment internship at the firm for two months and then I was offered a PPO in my last semester. 

    My only reason to lay down my journey so far is to depict that one should not lay their eggs in the same basket. If you are trying to find your interest then explore your options, after a while streamline your internships and then choose what fits you the best. 

    You are dealing with national and international arbitration matters. How do you feel about it?

    I am fortunate that Kachwaha & Partners has allowed me to work on multiple high stake arbitrations. The experience has been exhilarating so far! I have for a year working on both ad hoc and institutional arbitrations on an array of topics. I feel humbled that I have worked so early in my profession, worked on such big-ticket matters, and attained knowledge about the intricacies of the profession. All in all, I would say that I have had a great kick start to my journey in the field of arbitration and undoubtedly it will go a long way in the profession. 

    Could you please tell us about your role in the CAN Foundation? How has your experience with the Foundation been until now? 

    Before I get into the specific role, I’d like to tell you a little about our work. At the Foundation, we support law students at various National Law Universities to complete their academic courses and freshers as well. I work there in the capacity of Additional Director of Philanthropy. My main role is to secure as much financial support we can to help out our applicants. Over the past few months, I have worked closely with Siddharth Sir (the CEO of the Foundation) and spearheaded the fundraising campaign for our flagship program Eklayva (wherein we provide scholarships to financially distressed law students). One would expect it to be a fairly simple task, but over almost three months, my team had approached approximately 400 potential donors daily to raise funds. 

    Being involved in fundraising at such a big scale has made me more humble and conscious of my privilege. While perusing through the applications, the obstacles which students have faced, the backgrounds they hail from, their stories, can shake a person to their core. It is honestly a fulfilling task to see that our hard work over the past few months has led to awarding of scholarships to so many students in need. 

    We have an audience that is interested in legal writing. Could you tell them how to utilize their interest in shaping their career?

    Legal writing is undoubtedly a very important part of our profession, and it is a skill best developed if started early. The beauty of legal writing is that firstly, it provides you with a holistic understanding of the topic one is writing on, and secondly, it improves your drafting skills. I would advise interested students to try and pen one article each semester. This would not even put a lot of pressure on the student or hamper their extracurriculars. It is important to mention that, it is not necessary to write your articles on the same law, but rather you can choose to diversify depending on the current topic of relevance and interest. For example, I have written on niche topics in arbitration, and alongside have written pieces on environmental law, human rights law, etc. The tricky bit while writing is not penning down the article but rather choosing a good platform to publish it. One should choose a forum of repute while sending in their manuscript for publication; only then will the publication be of relevance in the long run. 

    You are a young established legal professional. What is your success mantra?

    Thank you for your kind words, but I think I am too young in the profession to be called established. However, the only mantra I abide by is to learn something new every day, however inconsequential it may seem. It may so happen that the task you are allotted might be small but only if your basics are coherent can one build a strong empire. I would also like to say that it is important to not rush in the journey because it is a marathon, not a sprint. You need to perform every day and be a better version of yourself as compared to yesterday.  

    What career tips do you want to give to our readers? 

    The only career tip I would like to give everyone who is reading this is to do their tasks diligently. There is no shortcut to hard work. So if you put in your hours and apply yourself to the task you are working on and be patient, there is absolutely nothing stopping you from attaining success in the field of your choice. 

    Get in touch with:

  • Lomesh Kiran Nidumuri, Partner, IndusLaw on LL.M from New York University School of Law, writing SOPs and maintaining work life balance

    Lomesh Kiran Nidumuri, Partner, IndusLaw on LL.M from New York University School of Law, writing SOPs and maintaining work life balance

    Lomesh Nidumuri is a graduate of Delhi University. He also holds a Masters in Law from New York University School of Law. Prior to joining IndusLaw, he has worked at Bharucha & Partners, and Dua Associates.  Asian Legal Business (ALB) featured him in its annual list of “Forty Under Forty ” lawyers in the Asia-Pacific region for 2017. Lomesh’s current practice involves civil and commercial litigation.

    In this interview we talk to him about:

    • His LL.M from New York University School of Law
    • Importance of higher education
    • Tips on writing SOPs and traits required to  bag a scholarship
    • Maintaining a work-life balance being a Partner

     

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    Thanks very much for having me here for the interview. I must say that to be featured as a “Super Lawyer” is a bit of a misnomer, as far as I am concerned. I still have a long way to go and there is so much waiting to be achieved. However, I am giving this interview with the hope that students can benefit from my experiences, and perhaps give them some direction.

    I am a dispute resolution partner of IndusLaw based out of Bangalore. I have been exposed to all kinds of litigation and with time I have focussed my practice more on arbitration and commercial disputes. Apart from lawyering, I love playing all kinds of sports (particularly football, cycling, and squash) and spending time with my four-year-old son. I love listening to music – particularly psychedelic rock of the 1960’s and 1970’s, blues, jazz and classical. I try and catch up on general reading as much as possible – biographies/autobiographies of great men tested by adversities, espionage, and politics, are some of the genres of books I like.

     

    WHY DID YOU CHOOSE TO PURSUE A DEGREE IN LAW, AMIDST THE MANY OPTIONS THAT YOU HAD AFTER SCHOOL?

    Growing up, I had a profound interest in a wide range of subjects such as history, politics, geography, civics, physics, and astronomy. I was and continue to be deeply passionate about our defence services. All through my school and college, I was actively involved in extracurricular activities such as debates and elocution, apart from sports. Our education system was a nightmare for someone like me! The choices that are offered in our education system are very rigid and choosing my career path wasn’t easy. I had always liked the idea of being a lawyer in court arguing cases for clients. I was fascinated by the fact that the great freedom fighters of our country were all lawyers and they used their knowledge to ignite the minds of a nation. However, as an eighteen-year-old, just out of Class 12, I wasn’t in a position to firmly decide my career path unlike some of my friends, who somehow had everything figured out!

    While I continued to be fascinated by law, I didn’t want to take a decision that may be influenced by some television drama series or fiction books (which was the case with some of the people I know, who now regret their decision to take up law). It was in my second year of commerce degree that I was finally convinced of my decision to take up law. I realised that no other profession could make me happier and I was more at ease logically analysing the principles of business law (which was a subject we had to study), rather than drawing up balance sheets and profit and loss accounts. I still recall the books of the great Mr. Nani Palkhivala being distributed in my college, which had a very profound effect on me. It also made me realise that law was my calling. I don’t come from a family of lawyers. As a first-generation lawyer, the decision had to be entirely mine. My parents were extremely supportive. In fact, my father later told me that he was sure that I would either become a lawyer or a politician, since I showed keen interest in public speaking from a very early age, which apparently was fuelled by the manner in which I always tried to argue my innocence (though unsuccessfully) before my venerate father! But, he did not let that influence my decision, which he said ought to be entirely mine.

    In fact, pursuant to the campus placement at St. Josephs College of Commerce (where I completed my bachelors in commerce degree), I had got placed into a reputed organisation offering a huge salary (by industry standards in 2001). I turned that down to study further and become a lawyer. My professor pulled me aside and thought I was nuts – because I would be earning more than what he did – after twenty years of his teaching experience! However, by then, I was sure of what I wanted to do and never looked back. I am so glad that I finally chose law as my profession as there are few professions that are as challenging, intellectually stimulating, and give you that sense of independence and ability to make a difference to people’s lives.

     

    TELL US A LITTLE ABOUT YOUR DAYS IN LAW SCHOOL. IS THERE ANY SPECIFIC ANECDOTE THAT MEANS A LOT TO YOU, WHICH YOU WOULD LIKE TO SHARE WITH OUR READERS?

    I pursued law from Campus Law Centre, Delhi University. I am fortunate that some of the best professors in the country (Professor M.P. Singh, Professor M.C Sharma, Professor B.B. Pandey, Professor Kamala Shankaran, to name a few), who later went on to become Deans/Vice Chancellors of other universities, taught me the law. They made me look at law very differently and instilled in me the importance of having a deeper understanding of the principles on which law was founded, and not just superficially. I utilised my time not just by reading law books, but also books about law and general reading, which has held me in good stead even today. I think as a lawyer it is important to be adept not just at law but also other subjects, as this makes a person develop a more rounded personality.

    Unlike the other law schools, Campus Law Centre didn’t pamper us. We did not get much institutional support for internships and placement. We were left completely on our own – and it was up to us to make the most of the time and resources we had. Since nothing would be served on a platter – I had to go out there, express myself, to achieve my goals and aspirations. In the process, I also faced few rejections and snide remarks. These experiences toughen you up as a person and instills a sense of grit and determination to fight against any odds. These are life lessons that no formal education can ever teach.

     

    WHAT WERE THE ACTIVITIES, ACADEMIC OR OTHERWISE, THAT YOU UNDERTOOK IN YOUR LAW SCHOOL DAYS WHICH IN YOUR OPINION HAVE SHAPED YOU AND YOUR CAREER?

    I actively took part in moot court competitions. The thrill of researching deeper into law, developing arguments and counter-arguments, and presenting your point of view before a panel, was exhilarating. I wrote few articles but regret not having written more. I also undertook few projects with NGO’s, which was satisfying, as I could see the profound influence that law could have, in making a significant change to the society. I was just very curious and fascinated about the law in general, and didn’t prepare for exams, merely with a view to obtain good grades. This also helped me a great deal in the years to come. While the law school days lay a good foundation, I truly believe that the education for a lawyer begins when he/she starts practicing litigation. Everybody starts with a clean slate upon graduation. Success in the profession entirely depends not just on your ability to work hard with sincerity and dedication, but also doing it smartly!

     

    WHAT KIND OF INTERNSHIPS DID YOU ENGAGE IN DURING YOUR STUDENT YEARS WHICH YOU FEEL WERE INVALUABLE TO YOU IN REACHING YOUR CURRENT POSITION?

    I took up law for the sheer joy of presenting arguments before a court/tribunal. Therefore, in my first year of law course itself, I was certain that I would become a litigator. My internships were focussed mainly on litigation. I did an internship with an NGO as well. Just to be very sure of my career path, on the advice of my well-wishers, I reluctantly applied for a corporate internship in a reputed law firm in my final year of law. However, in that corporate internship, I was so bored reading only agreements, that I ended up going to courts and assisting the litigation team! I just couldn’t get myself to do anything other than litigation.

     

    WE SEE THAT YOU’VE COMPLETED YOUR LL.M IN NEW YORK AT THE NEW YORK UNIVERSITY SCHOOL OF LAW. WOULD YOU SAY HIGHER STUDIES ARE RELEVANT FOR A CAREER IN LAW?

    If the candidate is looking at a career in research or teaching or taking specialised jobs at the United Nations, working abroad etc., then LL.M is certainly important. However, LL.M is not crucial for pursuing a career in litigation in India. For litigation, it is about the relevant experience before courts/tribunals. However, pursuing an LL.M certainly has advantages. It’s the whole experience of living in a foreign country and pursuing masters from a reputed university, which is invaluable and adds multiple dimensions to your personality. One gets to meet and network with students from different jurisdictions and learn from the experiences of other students. This helps in understanding people from across jurisdictions and broadens perceptions. The manner in which law is taught in reputed foreign universities is certainly an experience to cherish. LL.M also helps boost your credentials with clients and people you interact. You must keep in mind that studying abroad is very expensive if you don’t have a scholarship. So, please assess your priorities and the finances, before deciding to pursue masters.

     

     

    WHAT DOES THE CV OF A STUDENT SEEKING ADMISSION IN A PREMIER UNIVERSITY OFFERING AN LL.M PROGRAM HAVE TO LOOK LIKE? WHAT ARE THE FACTORS LOOKED INTO AND WHAT ARE THE ACTIVITIES THAT THE INTERVIEWERS REGARD FAVOURABLY?

    In addition to a good academic background, the foreign universities take note of the candidate’s extra-curricular activities and the statement of purpose (SOP) which the candidates are required to submit. The candidate must have displayed his/her genuine interest in specialising in that area of law, through academics, publications or relevant work experience. It is also important to highlight how the course would help achieve the future goals and aspirations of the candidate. One must keep in mind that the evaluators probably read thousands of SOP from candidates across the world. It is therefore important to spend some time thinking and writing the SOP and make it as interesting and creative as possible. The originality of thought is the key – as it not uncommon to see candidates writing their SOP after obtaining some templates/drafts from students who have already studied abroad. The candidate must be honest and lucid in expression. It is important to plan and start the application process early. Many times, students miss the bus for scholarships (both at the university that they are applying to and the scholarships granted by various entities in India), since they start the application process late.

     

    HOW IMPORTANT ARE GRADES, IN YOUR OPINION? TO WHAT EXTENT DOES ONE’S GPA AFFECT ONE’S CHANCES OF SECURING ADMISSION FOR HIGHER STUDIES ABROAD, OR SECURING A JOB IN A TOP NOTCH FIRM?

    Good grades certainly increase the chances of securing admission at a premier institution. However, it is not the sole factor. American universities particularly, don’t focus primarily on good grades, and the candidature is assessed more on other factors such as – a quality of the SOP, relevant experience and publications.

     

    WHICH IS THE IDEAL TIME TO DO AN LL.M? RIGHT AFTER UNDERGRADUATE STUDIES, OR AFTER A FEW YEARS OF PRACTICE POST UNDERGRADUATE STUDIES?

    It is always advisable to pursue an LL.M after few years of work experience, to enable the candidate to take a mature decision on the area of specialisation. Quite often, candidates fresh out of law school apply for LL.M, without having a clue about the practical aspects of that area of law. The difference between a candidate pursuing LL.M just after law graduation and a candidate pursuing LL.M after having worked for few years is quite stark and evident at the foreign universities. The only flip side of doing an LL.M after few years of work experience is that there would be a break in continuity of practice, which may have an impact in the short run. However, if the scales have to be weighed, it would be better to pursue LL.M after few years of work experience.

     

    YOU HAVE WORK EXPERIENCE IN BOTH BANGALORE AND MUMBAI. WHAT ARE YOUR VIEWS ON THE WORK CULTURES IN THESE TWO CITIES, WITH SPECIFIC REFERENCE TO THE LEGAL SCENARIO AND WHICH DO YOU PREFER/RECOMMEND?

    The work cultures in Mumbai and Bangalore are different. Each jurisdiction has its pros and cons. I thoroughly enjoyed my stints at both these jurisdictions. Most traditional litigation lawyers/law firms tend to focus more on the legal issue at hand, and not as much on client service. We forget that as lawyers, we are in the service industry, where the interests of clients are paramount. Working in Mumbai taught me the importance of professionally managing clients and servicing them effectively – lessons that have proved invaluable to me.

    For litigation, it is important to work in the jurisdiction that you belong to. This is from the perspective of getting new clients, having the comfort of being at home, and establishing your name in your jurisdiction. However, there is no hard and fast rule, and what you make out of your life is entirely in your hands.

     

    BACK IN YOUR STUDENT YEARS, DID YOU EVER SEE YOURSELF BECOMING THE PARTNER OF A FIRM AS REPUTED AS INDUSLAW, SOMETIME IN THE FUTURE? WHAT DID IT TAKE TO GET HERE?

    I did not think too far ahead. I took it one step at a time. I just wanted to be a litigator and pursue this passion. My goal has always been to excel in what I do. As long as I earn the respect of my colleagues, clients, and members of the profession, I would consider that an achievement. I did not think too much about getting promotions within the firm or earning laurels, all of which, in the greater scheme of things, is rather nebulous and superficial.

    What it took to get me here? – Well, like Santiago in Ernest Hemingway’s ‘The Old Man and the Sea’, one just has to keep the faith, work hard, believe in their abilities, and stay the course, notwithstanding the numerous obstacles that life and profession throws at you. I have no Godfather in the profession and I don’t come from a family of lawyers or Judges. Whatever I have set out to achieve in this profession would be on my own merit.

     

    GIVE US A BRIEF CAPSULE OF THE LIFE OF A PARTNER AND YOUR AVERAGE WORKING DAY EXPERIENCE.

    Life as a partner in a reputed firm like IndusLaw is very challenging, and that’s what makes things interesting. Partnership certainly entails more responsibility. I try and do my bit to contribute to the firm and that’s how I look at each day. My working day is like the life of a typical litigation lawyer – attending courts/arbitral tribunals, preparation for the matters including drafting, research, trial, and arguments, meeting clients and advising them on their case, attending to calls and responding to the incessant emails. In addition to this, as a partner, I spend considerable time on building the team practice, the internal processes within the firm and supervising the work of junior colleagues. I speak at conferences and try and find time to write articles. Managing time and priorities is crucial. To keep myself sane, I try and hit and gym and play sports as often as I can! I am fortunate to be surrounded by extremely talented partners, each of who, add unique strengths to the firm. The senior partner in our dispute resolution team Srinivasa Raghavan is one of the most brilliant lawyers that I have worked with. The other litigation partner Nikhilesh Rao is also very competent. The associates who report to me are very talented and hardworking, and I have the greatest admiration for each of them. I am sure they will all go places. I am lucky to be surrounded by such talent, and I relish this huge responsibility to drive the team and the firm forward.

     

    HOW IMPORTANT ARE GRADES, IN YOUR OPINION? DO YOU BELIEVE THAT THE INDIAN LEGAL EDUCATION SYSTEM IS CONDUCIVE TO ACTUAL LEARNING, OR HAS IT ALREADY BECOME A BLIND RAT RACE?

    More than good grades, I would urge the students to focus more on understanding the law better and spending time thinking about the finer nuances of the law. Getting good grades is only incidental. A good solid foundation would obviously go a long way and help shape a good litigation practice. In my view, even a candidate with average or below average grades can make it big in litigation with hard work, dedication and working smartly. The students today have more access to information and resources, and the opportunities in the legal industry are tremendous.

    I do believe that the education system in India has become a blind rat race. The education system must be robust and conducive to learning. I don’t think the focus of our education is on building leaders. It is not designed for students to think out of the box and be imaginative and creative. The system bogs students down with traditional and regressive thinking and is not aligned with the practicalities of the legal world.

    In my conversations with students and interns, I realise that they are impatient and in a great hurry to achieve success. They are probably of the notion that litigation is a hundred metre sprint, whereas, it is a marathon, where the ones who persevere would ultimately prevail. My former senior and mentor in the profession Mr. K.G. Raghavan (Senior Counsel, Karnataka High Court), who I have the highest regard, admiration, and respect for, always advised me to pursue knowledge and skill, and not chase money, which he said would eventually come. In his words, there are many people who have money, but only the lucky few have money and education!

     

    IF GIVEN AN OPPORTUNITY, WHAT WOULD YOU DO DIFFERENTLY IN YOUR CAREER JOURNEY UP TO THIS POINT? WHAT COMMON CAREER RELATED BLUNDERS SHOULD A STUDENT DEFINITELY AVOID?

    I don’t have too many regrets. However, given a choice, and if I can travel back in time, I would have enlisted myself for the Territorial Army just after graduating law, which would have given me the flexibility of enlisting for the armed forces, while continuing with my regular law practice. With family and commitments, it is almost impossible to pursue that now.

    The biggest blunder that you can do is not being true to yourself. As long as you are true to yourself, the career decision and the path will follow. Please don’t decide to take up something because you perceive that to be a commercially viable decision – but take up something that you genuinely are passionate about and enjoy, and the success will follow.

    For the ones looking to litigate, I would advise them to spend the first few years in the trial court and learn the nuances of the procedure, evidence, and trial, before practicing at the higher courts. This will lay a good solid foundation and better equip them in litigation practice. Today, many students are enamoured by arbitrations – they have their own perceptions of what this entails. It is somehow believed that a good understanding of the Arbitration Act, would make them very good arbitration lawyers. This is not entirely true. While knowledge of the arbitration laws is certainly important, one must not lose sight of the fact that arbitration proceedings are nothing but a civil claim that is being adjudicated before an arbitrator, where the proceedings are less formal and more effective. Though the rules of evidence don’t apply to an arbitration, it is the ability to better appreciate the nuances of the evidence and the art of cross-examination that ultimately decides the outcome of the case, and makes you stand out as a good arbitration lawyer.

     

    IS THERE ANY OTHER SUGGESTION YOU WOULD LIKE TO GIVE TO OUR BUDDING LAWYERS?

    Follow your heart and passion, and work hard with all sincerity and honesty. You may not achieve instant success, but with sustained effort and dedication, you will find success and happiness in whatever you do. In this materialistic world where there has been degradation of values and character, and the society filled with naysayers, don’t lose sight of the strength of your own character and integrity, which should always act as your guiding force. Chase your dreams, and no force can stop you from achieving what you want to. In the process, please make some time for your hobbies and interests. Surely, there is more to our lives than just law!