Super Lawyer

Tag: Dual qualified lawyer

  • “Cut Through the Noise and Focus on What Truly Matters: Resilience, Grace, and Patience Will Propel You in Your Legal Career” – Aditi Pawar, Counsel at Bombay High Court and Solicitor (England & Wales).

    “Cut Through the Noise and Focus on What Truly Matters: Resilience, Grace, and Patience Will Propel You in Your Legal Career” – Aditi Pawar, Counsel at Bombay High Court and Solicitor (England & Wales).

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

    With over 13 years of experience in the legal field, what initially motivated you to pursue law as a career? Was it a deliberate decision, or did it evolve over time?

    Interestingly, my decision to pursue law wasn’t deliberate at all—it was a last-minute escape. A week before my engineering and medicine entrance exams, I realized neither path appealed to me. The thought of spending my life crunching formulas or dissecting cadavers didn’t exactly inspire joy.  By chance, I spotted an ad for law entrance coaching and thought, “This seems like a good way out—let’s give it a shot.” I didn’t know if law was my calling but was sure engineering and medicine weren’t.

    The first two years of law school felt like any other degree, but the third year, with its core law subjects, changed everything. It wasn’t an epiphany but a steady realization that I had found something I truly enjoyed. Thirteen years later, I genuinely still love being a lawyer. As a first-generation lawyer, the challenges have been daunting yet rewarding. What started as a spontaneous decision turned out to be the best choice of my life, and I wouldn’t have it any other way.

    Having started your career at a law firm and then transitioning to working as a Counsel in the Chambers of a Senior Counsel, how have these distinct experiences influenced and shaped your legal journey today?

    Starting my career at a law firm was an invaluable introduction to the legal world, exposing me to large disputes and seasoned practitioners. However, within a year, I realized my passion lay in counsel practice, driven by advocacy and the dynamic energy of the courtroom. Transitioning was challenging, but with my family’s unwavering support, I embraced the long-term growth this path promised.

    The turning point was joining the chambers of Senior Counsel Mr. Rahul Narichania, where my journey truly began. His chambers were a crucible of discipline, hard work, and rigorous legal thinking. Sir created an environment where asking “why” was never off-limits, encouraging us to challenge assumptions and delve deeply into the essence of every principle grounding my practice in clarity and first principles. His words, “Make your point—it might be taken, it might not, but make it,” reinforced the value of contribution regardless of seniority and built my confidence.

    In chambers, I learned to sift through complexities, focus on what truly mattered, and embrace the inherent uncertainty of counsel practice. Sir also encouraged me to chart my unique path however different it might to others with utmost courage and dignity, a lesson that has stayed with me. These foundational values have not only shaped my skills but also defined my identity as a lawyer. They have equipped me to navigate legal complexities, collaborate across jurisdictions, and build meaningful global relationships. For this- I remain deeply grateful.

    You successfully defended a high value Special Court Suit concerning securities transactions before the Bombay High Court. What was the most critical legal challenge you faced in defending such a high value case, and how did you prepare for it?

    Defending my client in this high-stakes case was a defining moment in my career, as it was my first final hearing brief as Lead Counsel at just 26 years old. The matter, an offshoot of the infamous Harshad Mehta scam, involved highly complex securities transactions, including Bankers’ Receipts (BRs) and Security General Ledger (SGL) entries, with claims exceeding hundreds of crores.

    The case required me to master intricate financial instruments and alleged misappropriations within the securities market. Understanding these complexities was crucial to framing effective arguments. I immersed myself in the fundamentals of these instruments and their regulatory framework, breaking them down to articulate their nuances clearly in court. Hours of detailed study and conferences with my attorneys, who placed immense trust in my abilities, helped me build a comprehensive understanding and argue with confidence.

    Arguing against seasoned senior advocates was both challenging and motivating. Their expertise pushed me to prepare meticulously, anticipate arguments, and analyse precedents thoroughly. By reconstructing the transaction timeline and exposing discrepancies in the plaintiff’s evidence, I successfully demonstrated that my client’s involvement was administrative and lacked fraudulent intent.

    A loss would have been catastrophic for my client, both financially (as the plaintiff sought to hold him liable for over Rs. 100 crore) and reputationally. The high stakes demanded absolute precision. This case, although daunting, became my greatest teacher, deepening my understanding of commercial litigation and refining my advocacy skills. This experience holds a resonant place in my career, not only for the legal challenges it presented but also for the invaluable lessons it taught me about resilience, collaboration, and the transformative power of belief in oneself.

    As a Solicitor qualified in England & Wales, how has this qualification enhanced your approach to handling cross-border work, particularly in international arbitration?

    My qualification as a Solicitor in England & Wales has profoundly enhanced my approach to cross-border work, particularly in international arbitration. However, the foundation of this expertise lies in the rigorous legal education and practice I received in India. The Indian legal system, with its unique blend of statutory frameworks and common law principles, provided the analytical rigor and adaptability essential for addressing complex legal issues. This solid foundation was further refined through my Solicitor’s qualification.

    The qualification exposed me to global legal standards, emphasizing precision, clarity, and commercial awareness. It deepened my understanding of common law principles, which are widely applied in international contexts, and equipped me to assess multi-jurisdictional risks effectively. As the legal system of England & Wales is a cornerstone of common law influencing global commercial systems, the insights gained were pivotal for navigating international legal principles, commercial practices, and dispute resolution mechanisms.

    Beyond technical expertise, the qualification broadened my cultural and professional perspectives. It enhanced my ability to work seamlessly with international teams, adapt to diverse legal frameworks, and meet the expectations of global clients. This experience fostered cultural sensitivity and strengthened my negotiation skills—critical when dealing with multinational stakeholders.

    Having represented clients in international commercial arbitrations under ICC, SIAC, LCIA, and other major arbitration bodies, what are the major challenges you face and how do you mitigate these challenges?

    Representing clients in international commercial arbitrations under institutions like ICC, SIAC, and LCIA requires a fundamentally different approach than domestic arbitration or commercial litigation. International arbitration emphasizes brevity and precision, (as I call it “appreciation for brevity”) with concise submissions and oral arguments tailored to tight timelines. Distilling complex issues into focused arguments is essential, demanding sharp analytical skills and the ability to present clear, persuasive cases.

    Cross-border disputes add layers of complexity, involving diverse jurisdictions, conflicting legal systems, and varying arbitration practices. Substantive foreign laws often govern, requiring meticulous research and collaboration with local counsel, when necessary to ensure compliance and alignment with the tribunal’s expectations. Sensitivity to cultural differences in legal reasoning further underscores the need for adaptability and global awareness.

    International arbitration operates within a dynamic framework shaped by treaties like the New York Convention, where enforcement strategies play a critical role. Pro-arbitration jurisdictions like Singapore provide robust support, while others with restrictive public policy interpretations demand tailored strategies. Effective arbitration agreements, neutral seats, and enforceable procedural rules are key to navigating these challenges. Emerging trends like ESG disputes, third-party funding, and rapid technological adoption continue to reshape the arbitration landscape. It is imperative to adapt swiftly by staying informed, embracing innovation, and continuously learning to navigate these evolving dynamics effectively.

    What I particularly find challenging, yet invigorating, is the swift adaptability required in presenting cases. International arbitration demands a nuanced alignment with the substantive or governing legal frameworks of a particular jurisdiction and procedural rules of each institution. I ensure that my approach is tailored to meet the specific demands of the arbitration at hand, aligning with its unique requirements while consciously avoiding the mixing of practices from domestic arbitration or commercial litigation. The two disciplines differ significantly in their approach, and maintaining clarity in practice is critical to delivering effective outcomes.

    Your experience spans drafting and negotiating key corporate documentation, such as M&A, joint venture, and licensing agreements. How do you ensure these agreements effectively manage risks and comply with both domestic and international legal frameworks?

    Although I began my career as a disputes lawyer, I also transitioned into transactional work after recognizing that many disputes stemmed from gaps or ambiguities in documentation. Disputes background has been invaluable, giving me a unique perspective on drafting and enabling me to identify potential areas of conflict and mitigate risks effectively through precise and strategic provisions.

    Drafting and negotiating corporate agreements demands a structured approach to manage risks and ensure compliance with both domestic and international legal frameworks. I begin with thorough due diligence, gaining a deep understanding of the transaction’s structure, regulatory environment, and jurisdictional specifics. For cross-border transactions, I analyse foreign investment regulations, tax implications, and competition law requirements within my professional boundaries. Collaborating with local experts in the relevant jurisdiction ensures compliance with foreign legal frameworks, while my research on treaties and international agreements bridges knowledge gaps.

    Precise drafting is central to risk management. I focus on clear definitions of roles, responsibilities, and obligations, and ensure robust indemnity, warranty, and liability clauses. Compliance with domestic laws such as the Companies Act, FEMA, and competition laws is integrated seamlessly with advice from foreign counsel for jurisdiction-specific issues. For cross-border agreements, I emphasize tailored dispute resolution mechanisms, often incorporating arbitration clauses under institutions like ICC or SIAC with neutral seats to ensure enforceability.

    Aligning agreements with the parties’ commercial goals is a priority. Active engagement with stakeholders ensures that contractual terms reflect their objectives accurately. My knowledge of English law, given its global relevance, has been instrumental in navigating cross-border transactions and collaborating effectively with international teams, always supported by local expertise for jurisdictional precision.

    Balancing a thriving legal career with personal commitments can be tough. How do you manage to navigate both your professional responsibilities and personal life?

    Balancing a legal career with personal life? It’s a bit like juggling flaming torches—demanding, precarious, and occasionally singeing. Over time, I’ve realized it’s not about achieving perfect balance but savouring small, meaningful moments amidst the chaos. It takes flexibility, planning, and a sense of humour that outruns even your tightest deadline. For me, balance is about finding joy in both work and life, whether it’s uncovering the perfect case law or unwinding with a good book and jazz.

    The key is giving 100% to whatever you’re doing—work or personal. This clarity didn’t come easily, and I’ve stumbled plenty along the way. I am still “work in progress” when it comes to this. Planning helps, but the unpredictable nature of law demands constant reprioritization. Some weeks, work dominates, while other weeks, I consciously slow down to recharge. I’ve come to embrace this rhythm and focus on what truly matters in the moment.

    Another important lesson is to separate professional pressures from personal life. The disputes or transactions we handle aren’t personal battles, and understanding this fosters a healthier relationship with the profession. Drawing boundaries has helped me maintain perspective and protect personal relationships from work stress.

    Above all, prioritizing health has been a hard-earned lesson. It’s a non-negotiable investment in sustained performance and clarity. Law is a marathon, not a sprint—though it often feels like a 100-meter dash with flaming hoops on heels. The late nights and challenges are part of the journey, but so is the unparalleled satisfaction of seeing hard work pay off.

    What advice would you give to young professionals aspiring to follow your path and build a successful career in commercial litigation and international and domestic arbitration?

    The best advice I can offer young professionals aspiring to succeed in commercial litigation and international arbitration is to be clear about what you want—and equally, what you don’t want. Your journey will be unique, and that’s perfectly fine. Confidence is key—build it daily. It’s not just a professional asset but a life skill that grows with every challenge you overcome.

    In commercial litigation, focus on mastering procedural laws and core areas like contracts and corporate disputes—they form the backbone of your practice. Start with domestic arbitration to develop a strong foundation in procedural nuances, drafting, and hearings before transitioning to international arbitration. Avoid jumping into international arbitrations directly; instead, strengthen your foundation through the rigors of commercial litigation and domestic arbitration. When you transition towards international arbitration deepen your understanding of cross-border principles to effectively navigate global challenges.

    Finally, cut through the noise and focus on what truly matters. Being a lawyer is demanding, so maintain resilience with grace and have dignified patience —it will take you far. Stay true to your goals, trust your instincts, and prioritize integrity, quality of work, and continuous growth. Law is as much about relationships as it is about rules. Nurture meaningful connections, embrace opportunities, and keep evolving and learning. Show up every day, even in moments of self-doubt, work hard, and bring along those who supported you on your journey- they deserve a share in your success.

    Get in touch with Aditi Pawar –

  • “The ability to adapt, learn, and deliver tailored solutions will set you apart in the dynamic world of International Legal Practice.” – Somya Priyadarshini, Senior Associate at NHB Legal, Dubai.

    “The ability to adapt, learn, and deliver tailored solutions will set you apart in the dynamic world of International Legal Practice.” – Somya Priyadarshini, Senior Associate at NHB Legal, Dubai.

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

    With almost a decade of experience in various areas of the law, looking back, was law a planned career path for you? And, what inspired you to specialise in International Commercial Arbitration from University of Miami?

    Coming from a family with a strong academic tradition and a father who practiced law, pursuing a career in law felt like a natural progression. However, my true passion for the field developed during law school, particularly through my involvement in the Legal Aid Clinic, where I worked on resolving real-world disputes for underprivileged communities. This experience sparked my interest in dispute resolution, especially arbitration, as a means of achieving efficient and fair outcomes.

    Specializing in International Commercial Arbitration at the University of Miami was driven by my aspiration to gain a global perspective. Miami’s reputation as a hub for international arbitration and its proximity to Latin America offered the ideal setting to study cross-border disputes. The program’s focus on both theoretical and practical aspects of arbitration, coupled with mentorship from globally renowned faculty, solidified my decision to specialize in this dynamic area of law.

    From your early days at Siegfried Rivera to your current role at NHB Legal, what are the key experiences that have shaped your approach to arbitration and dispute resolution?

    My journey began at Siegfried Rivera, where I gained exposure to construction law and arbitration under AAA rules, particularly involving complex commercial and construction disputes. Working in a U.S. legal framework sharpened my understanding of structured case preparation, meticulous research, and the strategic use of evidence.

    At NHB Legal, I have been involved in high-stakes multi-jurisdictional disputes under various institutional frameworks IVF, DIAC and ICC. I have also represented clients in industries as diverse as construction to precious metals trading; this has further refined my ability to temper technical legal analysis with an appreciation of the client’s commercial interests. All of these experiences have uniquely influenced my approach to arbitration, with a focus on ensuring adaptable, client-based solutions that are sensitive to the various cultural differences between them.

    Having spent your early years working alongside a Senior Advocate, what were the most valuable lessons you learned during that time, and what motivated you to transition into international arbitration and cross-border legal practice?

    In India, I was fortunate to work with a Senior Advocate who specializes in high-value disputes for government undertakings and private parties — litigations and arbitrations, developing my skills accordingly. That gave me a good sense of how to prepare, be precise in drafting and advocate your case orally. During these formative years, I also learned how to negotiate and navigate procedural intricacies, ensuring that every case was approached strategically.

    The motivation to transition into international arbitration stemmed from my desire to expand my horizons and engage with diverse legal frameworks. Cross-border disputes present unique challenges that require a blend of legal acumen, cultural awareness, and commercial pragmatism. This transition allowed me to bridge the gap between different legal systems, making my practice truly global.

    Can you walk us through your professional journey as a lawyer, highlighting key milestones in both India and the U.S. being a dual qualified lawyer? How have your cross-border experiences influenced your legal philosophy and approach to advising clients in complex transactions?

    My journey began in India, where I worked on domestic arbitration and litigation matters, often involving government undertakings and large corporate clients. A key milestone was securing significant arbitral awards in cases involving infrastructure and construction disputes. These experiences laid a strong foundation in arbitration and procedural law.

    Transitioning to the U.S., I gained exposure to construction law and commercial arbitration, particularly under AAA and UNCITRAL rules. Drafting motions, advising on contracts, and assisting in arbitrations for high-value disputes were integral to my role. As a dual-qualified lawyer, my cross-border experiences have profoundly influenced my legal philosophy. They taught me the importance of adaptability, cultural awareness, and precision when dealing with complex, multi-jurisdictional matters. When advising clients, I ensure that my strategies are aligned not only with the legal framework but also with the client’s business objectives and cultural context.

    How have your previous roles in both the US and India influenced your approach to handling disputes in the Middle East, particularly when dealing with regional legal frameworks like DIFC and DIAC?

    In India, I developed a strong foundation in procedural rigor and arbitration law, while my U.S. experience introduced me to sophisticated commercial arbitration practices. These roles equipped me with a unique perspective, allowing me to adapt to the hybrid legal systems of the Middle East, such as DIFC and DIAC.

    When handling disputes in this region, I leverage my ability to synthesize principles from common law and civil law systems, tailoring my approach to suit the jurisdictional and cultural nuances. This adaptability ensures effective representation in a complex and evolving legal environment.

    Handling ad-hoc arbitrations and working with clients across the globe, how do you keep up with emerging trends and changes in international arbitration law, and how do you incorporate this into your practice?

    Staying current with trends in international arbitration requires constant learning and engagement. I actively participate in forums like the International Council for Commercial Arbitration (ICCA) and attend global conferences to stay updated on developments such as third-party funding, technology integration, and procedural efficiency in arbitration.

    In practice, I incorporate these insights by adapting strategies to reflect emerging trends. For instance, I ensure clients are aware of cost-effective procedural options, the implications of technological advancements in evidence presentation, and jurisdiction-specific updates. This proactive approach allows me to deliver solutions that are innovative and aligned with global standards.

    How do you balance the demands of a high-pressure, multi-jurisdictional practice with maintaining work-life balance?

    Balancing a demanding practice requires a structured approach to time management and delegation. I prioritize tasks based on urgency and impact while ensuring clear communication with my team. Personal well-being is equally important, and I make it a point to disconnect from work during family time and engage in mindfulness practices.

    This balance not only sustains my productivity but also ensures I approach each case with clarity and focus. It’s about maintaining harmony between professional excellence and personal fulfilment.

    Having handled several high-stakes arbitrations, what do you consider your biggest professional challenge to date, and how did you overcome it?

    One of the most challenging cases I’ve handled involved a high-stakes international arbitration concerning a large-scale construction project. The dispute centered on technical claims involving structural defects, delays, and significant financial losses. The arbitration was seated in London, governed by a mix of common and civil law principles, and involved parties, witnesses, and experts from multiple jurisdictions. What stood out in this case and is common to most international arbitrations was the added complexity of navigating diverse perspectives among the parties involved. The counsel teams, witnesses, and tribunal members came from various legal traditions, cultural backgrounds, and generations, each bringing their unique approach to the case. These differences impacted everything, from procedural expectations to how evidence was perceived, and arguments were evaluated.

    To overcome these challenges, I focused on collaboration and adaptability. I worked closely with technical experts to present the evidence in a way that was both legally sound and easily understood by the tribunal. I also ensured our legal strategy was flexible, adjusting arguments and advocacy styles to resonate with the tribunal’s preferences while maintaining consistency in the case’s overall narrative. Recognizing the importance of bridging cultural and generational gaps, I approached the proceedings with openness and respect for differing viewpoints, fostering an environment where constructive dialogue could thrive.

    These kinds of issues are not unique to this case but are a hallmark of international arbitration. Each arbitration comes with its own set of unique challenges, shaped by the diversity of the individuals and systems involved. Successfully navigating these challenges has reinforced my belief that international arbitration requires not only legal and technical acumen but also an ability to adapt to the human elements of the process. This balance is essential to delivering results in complex, multi-jurisdictional disputes.

    In your experience, what common pitfalls do contractors and developers often face in construction contracts, and how do you mitigate these issues during the contract negotiation phase?

    Contractors and developers often face several pitfalls in construction contracts, primarily due to lack of clear documentation. Ambiguities around the scope of work, variations, and payment terms can lead to disputes. Unclear dispute resolution clauses are also common, making it difficult to address conflicts efficiently. Additionally, inadequate risk allocation and unclear deadlines or penalties can cause misunderstandings, especially in projects with complex timelines or unforeseen risks.

    To mitigate these issues, I focus on ensuring precise documentation of all terms, including scope, timelines, and payment schedules. I also stress the importance of clear dispute resolution mechanisms, typically favouring arbitration for its efficiency. Additionally, I ensure proper risk allocation and emphasize the need for consistent documentation of any changes throughout the project. By addressing these issues upfront, we reduce the risk of future disputes and ensure smoother project delivery.

    Given your broad experience across different legal domains, what advice would you give to young legal professionals who aspire to have international practice as you?

    Aspiring international lawyers should build a strong foundation in core legal principles while seeking exposure to diverse legal systems. Developing cultural awareness and language skills is equally important. Networking through global platforms and engaging with mentors in the field can open doors to international opportunities.

    Most importantly, approach every case with diligence, empathy, curiosity and a global perspective, understanding the unique needs of clients in cross-border contexts. The ability to adapt, learn, and deliver tailored solutions will set you apart in the dynamic world of international legal practice.

    Get in touch with Somya Priyadarshini-

  • “Exposure to a diverse set of clients and sectors provides much needed agility and flexibility that is required in today’s world of technological and socio-economic disruptions.” –  Siddharth Ratho, Vice President and Head of Litigation at  Nuvama Group.

    “Exposure to a diverse set of clients and sectors provides much needed agility and flexibility that is required in today’s world of technological and socio-economic disruptions.” –  Siddharth Ratho, Vice President and Head of Litigation at  Nuvama Group.

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

    Can you share the pivotal moment or motivation that inspired you to pursue a career in law, and how that decision has shaped your professional journey?  

    Growing up, I wanted to be many things. At different points, I was certain I wanted to play cricket for India, be a pilot, architect, astronaut, historian etc. I liked science, math, and humanities. I also loved sports and music. My parents allowed me to dream and never really tried to influence me towards a particular profession. I perceived the world as my oyster in an ocean of possibilities. 

    After finishing my high schooling in India, I went on to pursue my undergraduate studies in the USA from 2007 to 2011, with a full scholarship, double majoring in Economics and International Relations and minoring in mathematics. 

    Shortly after arriving in college in the US, the global financial crisis hit, with ripple effects felt all over the world, lasting over half a decade. Businesses went insolvent overnight, and tons of people lost jobs. Multiple lawsuits were filed, massive legal battles initiated, and a lot of discourse on what went wrong and who was to blame. While studying international political economies, foreign affairs, corporate finance, and many other fascinating subjects offered by my liberal arts college, I slowly but surely also started developing an interest in law. 

    After finishing my stint in the USA, I came back to India and pursued the three-year law degree at Government Law College, Mumbai. GLC allowed me to intern in a lot of great law firms while also pursuing my LLB degree. 

    The rest, as they say, is history! 

    You are a dual-qualified lawyer, both as an Advocate in India and a Solicitor in England and Wales. Do you think this dual qualification has given you a unique advantage in your career? If yes, how has it shaped your professional approach, and what kind of legal professionals do you think should pursue this path?  

    Having studied abroad early in my life, I always knew that I would never want to be limited by borders. 

    The first five years of my law career were spent at Nishith Desai Associates, where I was involved in several complex, cross border disputes spanning multiple jurisdictions. Even during my later stints at CAM and Trilegal, I was part of several foreign seated arbitrations in Singapore, London, Paris, New York all with their own challenges and nuances. 

    Getting a dual qualification in this increasingly intertwined world and given how my career had begun seemed like the way to go. So, I started looking up options. 

    At the time, the route to qualification as a Solicitor in England and Wales was known as QLTS. Nowadays, it is known as the SQE route. Pertinently, this route did not require you to compulsorily do an LLM in the UK and spend tons of money. It only required you to ace the two stages of the QLTS exams. The fact that English law is the most used law in multi-jurisdictional transactional documents was another factor in me choosing English law. It also certainly helped that English jurisprudence has developed for almost a millennium, ever since the Magna Carta, and is the genesis of the common law system as we know it today. So, choosing English law was a no brainer.  

    Studying for the qualification and dealing with the exam format (first stage in India and second in London) was an absolute pleasure. While my experience in some of India’s best law firms has taught me a lot, the rigour of the English law qualification exams truly took my skills and understanding of the first principles to a whole new level. As a newly minted “international lawyer”, I started seeing legal problems with even more clarity. Dissecting complex contracts became simpler. Deconstructing multi-jurisdictional legal quagmires, easier.  

    I don’t know whether the “dual qualified” brand by itself has given me any specific advantage in my career yet. However, it has certainly advanced my knowledge and better equipped me as a “global lawyer.’ 

    I see that a lot of young lawyers today want to pursue this dual qualification immediately after graduation. I would strongly advise that initially, young lawyers should focus on learning the basics before trying too much “fancy stuff”. Priority should be to get 8-9 years of work experience. Learn as much as possible. See where your career is going, and then do it, if you think it would help you in your line of work.

    Doing it with the expectation of some immediate gains may only disappoint you. 

    Do it as a quest for knowledge, and to challenge yourself, if you must. 

    Looking back at your experience in international arbitrations under various institutional rules (SIAC, ICC, LCIA), what have been your key learnings, and how do these frameworks differ in practice?  

    All these international arbitration institutions essentially follow the common principles of ensuring efficient, effective and swift arbitrations, managed in an extremely professional manner. Each rule comes with its own nuances and options offered. Diving into these nuances is an entire subject on its own. All of them offer some of the most advanced features and cutting-edge global practices in arbitration. 

    My experience in such arbitrations has given me firsthand experience and knowledge in arbitration’s global best practices.  

    I must mention that I have also done several Indian institutional arbitrations. The facilities and features that they have to offer these days are up there with the best in the world, are far more cost effective, and deliver equally efficient results. 

    What motivated your transition from starting off at law firms initially to becoming the Head of Litigation at Nuvama Group? 

    I have spent over a decade in some of India’s best law firms –have had some great mentors over the years, and the experience of some incredible matters along the way. I did not really have a pre-set plan to shift to a corporate in-house role. However, I had noticed of late that more and more companies were seeking to strengthen their legal teams and onboard talent. So, I was never averse to the idea if the right opportunity came along the way. 

    When this opportunity arose, I could not resist – a challenging role with a great profile, in an exciting and fast-growing industry. Also, I am truly dialled into the India economic growth story. The wealth management and financial sector in my opinion is going to be a front-runner in India’s quest to become an economic superpower this century. Also, I read up about Nuvama and was bought into its mission, vision and culture of excellence. It seemed like an ideal next step in my career where I could also use my multidisciplinary educational qualifications, my keen interest and knowledge in economics and finance, to add value in an exciting company making strides in a cutting-edge sector. 

    How did your experiences in law firms shape your approach to leading a corporate legal team?  

    My experience at India’s premier law firms helped me form a sound legal knowledge base, learn high level legal skills and put them into practice. It also instilled in me essential attributes, such as discipline, work ethic, attention to detail and the ability to perform under pressure. 

    Leading a function in a company requires clever use of “EQ’ along with “IQ”, understanding and coordinating between various functions and finding practical and strategic solutions to the every-day problems faced by companies in highly regulated sectors through a collaborative approach. Having a sound legal knowledge base and sharp skills is very important. You are required to make tough decisions every day to mitigate potential liabilities and protect the company. You may not always have time to do the necessary research and then come back with an answer. Businesses cannot wait too long for answers and solutions, especially in a fast-paced and fast-growing sector.

    You are put under the spotlight almost every day and you need to perform with alacrity. You need to provide solutions immediately.  If you do not have strong legal principles and skills to back you up, then you will not be able to do the  firefighting that the company requires you to do. 

    It’s been about five months since you transitioned to the corporate world with Nuvama Group. How has your experience been in adapting to the corporate culture compared to your previous experiences in law firms? Do you feel more aligned with the corporate side, or do you still lean towards the law firm environment, and why?  

    These five months have added a whole new perspective in my approach as a legal professional. I can now see how businesses perceive law firms. Having seen both sides, I am able to identify the gaps in terms of what law firms have to offer, and what businesses truly desire.  

    In terms of pure work environment, one refreshing difference for me is the variety of people with different educational backgrounds and qualifications that you are surrounded by. In law firms, you are surrounded by mostly lawyers. In my current role, I am interacting with MBAs, CFAs, CAs etc every day.  

    It’s too soon to say which side I am more aligned to. There is a lot to learn from both sides. What I can certainly say is that these five months have been the most unique in my work experience so far as this is the first time I am working somewhere which is not a law firm. What I have learned in these five months, I haven’t in my decade long experience in law firms. So, I am already a better lawyer now than I was five months ago along with the added wisdom that new and unique experiences and challenges provide.  

    I believe every lawyer should experience both sides at some point. 

    With your unique experience across both Indian and international legal landscapes, how do you perceive the evolving role of technology in dispute resolution, particularly in areas like international arbitration and commercial litigation?  

    One of the main concerns for businesses, while dealing with legal issues, is the costs involved. Technology is already doing a lot in terms of reducing legal costs. Hearings can happen over VC reducing travel costs. The use of technology in online dispute resolution is also quite promising. 

    Technology will further reduce “billable hours” by using AI to accomplish various more monotonous legal functions. Gone are the days when a law firm could charge a business endless hours for “research” and basic drafting and documentation work. 

    As technology improves, arbitrations and commercial litigations will continue to become more and more efficient and cost-effective.  

    In the future, technology and AI , through objective cost-benefit analysis, will help businesses assess whether it is worth fighting a case or merely settling a case through mediations. 

    The possibilities are endless. 

    You’ve worked on cases spanning sectors from fintech to renewable energy. How has this diverse exposure shaped your approach to problem-solving, especially in legal situations requiring cross-sectoral knowledge and multi-jurisdictional strategies?  

    This is another major advantage of starting off your legal career in law firms. You get to work with a diverse set of clients from various sectors. Legal solutions cannot always be black and white. A solution should be practical and enforceable. To be enforceable, they must account for practical realities. To understand these practical realities, it is important to understand the nature and characteristics of the business and the sector that you are dealing with. 

    Exposure to a diverse set of clients and sectors provides much needed agility and flexibility that is required in today’s world of technological and socio-economic disruptions.  

    You have represented clients in high-stakes disputes across various forums, including the Supreme Court and High Courts. What advice would you give young lawyers aspiring to excel in the legal field?

    Getting the basic habits right very early on in your career is most essential. Be disciplined, have a good work ethic and be an eager learner. Keep yourself up to date with the latest laws, regulations and judgments. 

    Particularly, young lawyers should note that legal drafting is one of the most difficult skills to acquire. And this skill comes only through practice. So, take up as much drafting work as you can early on. If you are good at drafting, you will eventually get noticed. 

    As a lawyer, the art of using language is your main weapon. As they say, the pen is mightier than the sword. This is your bazooka! So, hone it as much as you can. 

    Importantly, young lawyers should be aware that there will be a lot of ups and downs early on in their careers. So, keep your chins up, always find time to unwind and have a good time. Meet friends often and shut off work once or twice a week. 

    What hobbies or passions do you pursue outside of your legal career, and how do they help you unwind and maintain a healthy work-life balance?

    I am a cricket fanatic. However, it is difficult to gather a group of friends all the time to play. So, squash is something I have been playing frequently. I also try and ensure that I put in at least 4-5 rigorous work out sessions in a week. Being physically fit goes a long way in reducing the mental stress at work. It also helps in keeping negativity at bay and getting the positive juices flowing.

    Apart from this, I like listening to music and watching shows and movies on OTT platforms. 

    Having a good work life balance is the most important. No point working hard and for that extra bonus, if at the end of the day, you do not feel mentally and physically at ease. 

    Work smart, play hard and try and get sufficient down time. 

    Get in touch with Siddharth Ratho-

  • “My need for intellectual challenge and a sense of justice led me to law, and with dual qualifications, I can now bridge different legal systems and cultures, offering nuanced advice to both domestic and international clients.” – Gunjan Chhabra, Partner at MRP Advisory

    “My need for intellectual challenge and a sense of justice led me to law, and with dual qualifications, I can now bridge different legal systems and cultures, offering nuanced advice to both domestic and international clients.” – Gunjan Chhabra, Partner at MRP Advisory

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

    Congratulations on your new role as a partner at MRP Advisory. Could you share some insights into your journey from Law School to becoming a dual-qualified legal professional? What inspired you to pursue Indian and UK qualifications, and how will these qualifications enhance your role at MRP Advisory?

    My journey into law began unexpectedly from a science background, where I initially aimed to become an engineer. However, my need for intellectual challenge and a sense of justice led me to law. The pursuit of both Indian and UK qualifications was driven by a desire to gain a comprehensive understanding of global legal systems and to enhance my ability to handle complex cross-border disputes. These qualifications not only broaden my legal perspective but also allow me to offer nuanced advice that bridges different legal systems of law and cultures. At MRP Advisory, this dual qualification will enable me to better serve our domestic clients in contracts with foreign substantive law and international clients, ensuring expert navigation of diverse legal challenges with a well-rounded approach.

    With over a decade of experience in commercial litigation and arbitration, what motivated you to join MRP Advisory at this point in your career? How do you anticipate the firm’s focus and resources will impact your work in the arbitration landscape, both in India and internationally?

    Joining MRP Advisory is an exciting new chapter in my career, motivated by the firm’s reputation for innovation and its robust approach to construction and infrastructure disputes. The firm’s emphasis on leveraging cutting-edge resources and its commitment to a global perspective align perfectly with my background in domestic and international arbitration. At MRP Advisory, I anticipate that our collective expertise and resources will enhance our ability to tackle complex arbitration disputes and further strengthen our position in both the Indian and international arbitration arenas.

    Given your extensive experience representing clients before both national and international arbitration tribunals, how do you plan to leverage this expertise in your new role at MRP Advisory? Are there specific strategies you intend to employ when handling disputes in different arbitration forums, such as ad-hoc versus institutional arbitration?

    In my new role at MRP Advisory, I plan to leverage my experience by adopting a tailored approach to different arbitration forums. For ad-hoc arbitration, I will focus on flexibility and adaptability, ensuring that our strategies align with the specific needs of each case. For institutional arbitration, my approach will emphasize utilizing the established rules and procedures to streamline the process and enhance efficiency. By combining these strategies, I aim to deliver effective resolutions and uphold the firm’s high standards in both national and international disputes.

    Your profile highlights significant expertise in FIDIC contracts. How do you see your knowledge in this area contributing to MRP Advisory’s practice, especially in the context of construction law and dispute resolution? 

    I believe that my expertise in FIDIC contracts will significantly contribute to MRP Advisory’s construction law practice by providing deep insights into the complexities of international construction agreements. FIDIC contracts, with their intricate clauses and global usage, often present unique challenges in dispute resolution. I hope that my knowledge will help the firm navigate these complexities, ensuring that we offer precise and informed advice. This expertise will be integral in managing construction disputes effectively, enhancing our ability to represent clients in both contract management, contractual negotiations and dispute resolution processes.

    Having served as an arbitrator and mediator at various organizations, including the Court of Arbitration for Art and Sama, how will these experiences influence your approach to mediation and arbitration in your new role? What key factors do you believe will contribute to successful outcomes at MRP Advisory, and how will you ensure impartiality and fairness?

    My experiences as an arbitrator and mediator have provided me with a nuanced understanding of the arbitration process and the importance of impartiality. In my new role I hope that these experiences will guide my approach to mediation and arbitration, ensuring that I apply best practices and maintain fairness throughout. Key factors for successful outcomes include a thorough grasp of the subject matter, effective communication, and a commitment to neutrality. I will continue to uphold these principles by carefully balancing the interests of all parties and applying a detailed and reasoned approach to each case.

    You were honored with the “Pioneering Women Leadership Award.” What challenges have you faced as a woman in the legal field, and how have these experiences shaped your approach to leadership and mentorship at your new firm?

    The “Pioneering Women Leadership Award” is a testament to the challenges I’ve faced and overcome as a woman in law. I plan to continue to foster a culture of inclusivity and mentorship. 

    Considering your extensive background in arbitration and mediation, What trends or factors do you believe will drive this shift, and how will the firm position itself in this evolving landscape?

    Yes, the increasing complexity of disputes and the desire for more efficient, cost-effective resolution methods are driving this shift. ADR, particularly arbitration and mediation, offers flexible solutions that can accommodate the needs of modern businesses. We are well-positioned to leverage these trends by continuing to enhance our ADR capabilities and adopting innovative approaches to meet the evolving needs of our clients.

    Outside of your legal career, what hobbies or activities do you pursue to unwind and stay balanced? How do these personal interests contribute to your overall professional life, and do they influence your approach to your new role at MRP Advisory?

    To maintain balance, I believe it is important to engage in mindfulness practices, exercise, and creative activities such as painting. These activities can help manage stress and maintain a clear, focused mind. This in turn contributes to effectiveness in handling complex legal matters. Creative pursuits offer a valuable outlet for relaxation and creative thinking, which enhances overall problem-solving abilities.

    Get in touch with Gunjan Chhabra-

  • “Remain focused and sincere, understanding that there are no shortcuts or substitutes for hard work. Ultimately, what matters most is enjoying what you do and approaching it with passion and pride.” – Mahashwetha Ghosh, Senior legal counsel APAC at Avery Dennison

    “Remain focused and sincere, understanding that there are no shortcuts or substitutes for hard work. Ultimately, what matters most is enjoying what you do and approaching it with passion and pride.” – Mahashwetha Ghosh, Senior legal counsel APAC at Avery Dennison

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

    Looking back, what ignited your passion for law? Can you walk us through your journey, from those early inspirations to the defining moments that led you from ICICI Bank to your current leadership role at Avery Dennison? 

    When I finished school, the options seemed to be either medicine or engineering, but neither appealed to me as such. As a first generation lawyer, I didn’t know much about anything to do with law, except being intrigued by the popular image of them as fiery  eloquent champions of justice. It started out mostly as wanting to build a career while doing the right thing, being able to stay connected with my long-term fascination with logical reasoning & puzzles to solve problems, and also perhaps from watching too many Bengali courtroom dramas!

    In hindsight, joining ICICI Limited was a great decision because it helped me build a solid foundation in financial transactions and accounting principles – which are the bread and butter basics for a corporate lawyer. It helped that ICICI Limited at the time used to do most of its work in-house, so we got a lot of practice in drafting & reviewing complex contracts and working with (very talented) cross-functional teams. 

    Over the years, I have had a lot of mentors and I would not have been here without the guidance and advice received. I have worked at a couple of law firms, Cisco, United Spirits Ltd and Avery Dennison, and what shaped my path was an abiding  desire to excel, to do challenging work without being afraid to put in the hours needed and to go the extra mile to enable/ support the business teams.

    You worked for a while with Morgan Walker Solicitors in London. How was your experience working there, and what brought you back to India? Can you share the transition part of your career and how it influenced your professional growth? 

    Before joining Morgan Walker Solicitors, I was able to complete the Qualified Lawyer Transfer Test(QLTT) and successfully qualify as a Solicitor in England & Wales. MWS was a deeply useful addition to my UK stint, as I was exposed to complex transactional contracts and the more strategic advice needed for cross-border transactions. 

    I returned to India for personal reasons but am grateful for the years I worked in the UK, because it broadened my perspective significantly, exposing me to a different culture and way of doing things that I integrated into my own approach to the profession.

    As the Executive Sponsor for certain APAC DEI Council initiatives, what initiatives have you implemented to promote diversity and inclusion? How do these initiatives contribute to the overall success and culture of the organization? 

    The three main areas I have focussed on in the past four or five years in the APAC DEI Council are the Safe to Speak Up initiatives, setting up an employee resource group (WeRise) separately for women employees in South Asia distinct from the APAC group and starting a need-based mentoring program in the region. I think we have a long long way to go where DEI is concerned. Yes, the number of diverse employees is increasing and the talent acquisition team is working to balance the playing field at the entry level, but the problems of unconscious bias and years of patriarchy are tough to root out. 

    The initiatives I have chosen to work address three important aspects – providing a platform to raise concerns, bringing women together to support each other and trying to provide advice/ guidance on specific areas identified by employees themselves.

    DEI is something I am deeply passionate about, and I try to stay involved even when there is little bandwidth available. I feel that as a woman leader I should do whatever I can to make things easier for those who have (or will) come after me. Manufacturing is still such a male dominated industry, that women on the shop floor and in leadership roles are limited. The benefits of diversity are too obvious to ignore. But we have to move from mentorship to sponsorship, from silent supporters to active allies, from the safety of status quo to active challenging, from tokenism to owning the outcome.

    You have advised on legislation related to plastic waste management and are involved in sustainability and governance. How do you balance corporate interests with regulatory compliance and environmental responsibilities? 

    Both go hand in hand, specifically to meet the de facto and potentially to surpass the law de jure. At Avery Dennison, we strive to ensure a much higher standard than what legislation prescribes, ensuring that sustainability is upfront and centre of all our products and solutions. While I will not deny there are operational challenges, if the value-add is clearly captured and (if possible) quantified, in my experience there is complete support from the business leadership. 

    Among your many achievements, you’ve been awarded the Global Leadership Excellence Award multiple times. Which project or initiative are you most proud of and why? 

    I have been awarded the Global Leadership Excellence Award four times and I am most proud of the one I received for designing and setting up the Compliance Ambassador Program globally across the company. This program invites participation at the ground level (including the shop floor) from colleagues in a structured program format to help broadbase compliance initiates and messaging, to ensure that we involve every person in building a robust compliance culture in the company. 

    We know to focus on the tone-at -the-top, but it is when the tone-across-the-organisation is in sync with the tone-at-the-top that we can truly change culture and make integrity our true North. I have been amazed and humbled by the talent and motivation of colleagues in finding innovative ways to communicate and engage with all employees on compliance issues and messaging.

    You’ve held leadership positions across India, the UK, and other regions. What are some key differences in navigating legal landscapes across these diverse markets?

    In my current role as Senior Director – Legal for South Asia I support all business divisions of Avery Dennison across India, Bangladesh, Pakistan, Sri Lanka, Indonesia, Malaysia, South Africa and Kenya. While having a wide portfolio is great, it also means a lot more homework, especially when there is a different official language & business culture at play and multiple P&Ls in a matrixed structure. I think there are two critical but oft-ignored components to success as a business partner – familiarity with the legislation, precedents, practices and the ability to find the most suitable support needed for more complex matters. 

    Since we also play an active role in government relations, there is a need to be agile, on the ground and to build key relationships with multiple external stakeholders. Managing crisis and business continuity remotely is, of course,  a completely different ball game.  

    Outside of your professional life, what are some of your personal hobbies or interests that help you maintain a work-life balance?

    First I have to say that personally I think that ‘work-life balance’ is a misnomer! It is almost impossible to find a balance, as work is such a huge part of life itself, therefore impossible to categorise in separate buckets. What works for me is to prioritise what I need to do every day and then not to waste time thinking about my choices! 

    I am the mother of two boys (aged 20 and 16) and love spending time at home with my family as much as I enjoy being a legal professional. Other than that, I travel a lot, enjoy being with friends, cooking and working on various creative crafts (decoupage, resin art, Tanjore painting, crochet, cross-stitch etc). Am also a gardening enthusiast and an orchid addict! I find that being flexible with your hobbies is the key to fitting them into your career in a fulfilling manner. 

    What advice would you give to the current generation of aspiring lawyers who wish to build a successful career in corporate law? 

    Instead of advice, I would call them my tips for a successful career in-house and they would be as follows:

    • Be focused and sincere, and know that there are no short-cuts or substitutes to hard work, which means read, read, read some more and never stop learning; 
    • Be intelligent about how you work, chasing solutions and outcomes, but be wary of being a mere post-box counsel;
    • Appreciate that most corporations are under transformational change in this VUCA world and advising on doing the right thing and finding ethical solutions is becoming more difficult. However, it is not impossible and thats really our job as in-house counsel; 
    • Whether we practice or work inhouse, we lawyers should all uphold the honour of the profession and its standards of conduct; and finally
    • Don’t focus too much on the designation or the job title but on learning and acquiring skills/ knowledge. At the end of the day, what is most important is to enjoy what you do and to do it with passion and pride.

    Get in touch with Mahashwetha Ghosh–

  • “At the stage when the invocation is a threat, it becomes imperative to swiftly seek guidance from legal experts well-versed in the intricacies of the field.” – Gunjan Chhabra, Dual Qualified (India-Advocate; England & Wales-Solicitor, Partner at Adwitya Legal LLP

    “At the stage when the invocation is a threat, it becomes imperative to swiftly seek guidance from legal experts well-versed in the intricacies of the field.” – Gunjan Chhabra, Dual Qualified (India-Advocate; England & Wales-Solicitor, Partner at Adwitya Legal LLP

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

    How did you first become interested in pursuing a career in law, and what challenges you encountered during your formative years in the field, and how did you overcome them to establish yourself as a successful legal professional today? Also what inspired you to specialize in commercial litigation and arbitration?

    • Believe it or not I come from a science background. I was studying to become an engineer, and was doing very well. It was somewhere towards the beginning of my +2 where I realized that, along with a strong need for intellectual stimulation, I also required my sense of justice to be met. It was the marriage of these two that got me interested in pursuing a career in law.
    • The challenges I encountered in my formative years emerged from the point of view of being a first-generation lawyer. I needed to pick up various skills apart from the execution aspect, including working on people skills and the psychology of associates, seniors, juniors, clients, etc. The recruitment aspects for us first-generation lawyers are one of the most cumbersome, especially if we do not have strong financial backing. Building trust and reputation also requires an astounding amount of hard work confluenced with luck.
    • Another challenge that I faced was a complete lack of guidance. However, I can say that I have found some of my best friends philosophers and mentors—in my colleagues and my clients. This definitely helps.
    • It is this journey, filled with ups and downs, that has shaped me into the legal professional that I am today.
    • As far as commercial litigation and arbitration go, I would say again that it was a marriage of chance and my inherent skills. I was called to work with a commercial litigation and arbitration firm after I completed my internship there. After that, I would say there was no looking back.

    As someone who is dual qualified and experienced in both Indian and English legal systems, how do you navigate the nuances and differences between the two jurisdictions in your practice?

    • I would say rather than navigating nuances, it forms a unique blend of expertise, enabling a comprehensive understanding of both legal systems. This comes in handy when navigating cross-border disputes.
    • It also helps provide me with a broad legal perspective to identify issues early on. My specialised knowledge of commercial and infrastructure disputes allows me to provide very tailored advice to clients.
    • Moreover, broadening one’s horizons also makes one appreciative of diversity, inclusion, and global perspectives, which is the only way to be successful in today’s internationally integrated business world.

    You have an expertise in infrastructure and construction arbitration. How would you say these disputes are different from the usual disputes?

    • Infrastructure arbitration disputes are multifaceted in many ways that other cases are not. Most other cases have a single issue or, at most, a cluster of issues surrounding one transaction.
    • However, I would describe infrastructure disputes as “live” disputes. A construction or infrastructure project goes on for several years. During this time, there are several thousand correspondences that are exchanged.
    •  There are usually several hundred, if not thousand, complex issues concerning the interpretation of ten to fifteen clauses of the contract together.
    • A lot of these contracts are based on FIDIC models, sometimes called the “Rainbow” suite, which in itself is a contract that,  at first glance, appears quite complex. This is due to the different coloured covers of the model contracts, for nstance, the FIDIC  White Book for the consultancy model agreement, the Red Book for Construction, Plant & Design-Build & EPC/Turnkey Contracts, etc.
    • Apart from the above, in cross-border infrastructure disputes, there can even be a pinata of parallel proceedings just waiting to explode the moment a proceeding is started.
    • Moreover, a quandary of technical issues would require the engagement of expert witnesses as well as factual witnesses. Expert witnesses are often key to winning disputes. Finding a good expert means that such a person’s technical knowledge on the issue cannot be shaken in any cross-examination. Usually delay and quantum experts are employed, but some issues require more nuanced expertise.
    • This is why I believe it is necessary to pre-empt issues and for clients to be involved with experienced counsels right from the contract correspondence stage.

    With your extensive experience in handling disputes related to bank guarantees, what advice would you give to companies to mitigate such risks effectively?

    • The key to mitigating bank guarantee risks is to understand the ground reality of when an employer threatens to invoke a Bank Guarantee. This threat arises when the employer loses confidence in the contractor’s ability to fulfil contractual obligations, say due to delays, defects, too many disputes, etc.
    • At the stage when the invocation is a threat, it is important to immediately rush to legal experts well versed in the field. From this stage on a meticulous review of the underlying contract and the Bank Guarantee is required. Potential breaches, the existence of disputes, and evidence supporting the client’s position need to be documented to gain a detailed understanding.
    • After this, communication must be opened with the employer with a strong legal background and preparation. A middle ground needs to be found. Ultimately, re-tendering is an expensive proposition for an employer, and if the cost of having the client cure breaches is less than re-tendering and employing a new contractor, middle ground can usually be found.
    • During the communication stage itself, it is imperative to continue the background work of collecting supporting evidence due to the impending next stage.
    • In case mutual ground cannot be found and the employer insists on invocation, it is important to immediately move the court or emergency arbitrator to obtain a stay on invocation.

    As an empaneled arbitrator, what do you believe are the key qualities required to effectively adjudicate disputes and maintain neutrality throughout the process?

    • I would say key qualities include a thorough grasp of the subject matter and legal principles; adept problem-solving abilities; meticulous attention to detail; impartiality and neutrality; strong communication and time management skills; and organisational acumen, all of which are essential for ensuring a seamless arbitration process.
    • In instances of international or domestic arbitration or mediation where significant cultural differences exist among the parties or between the parties and arbitrators, it is crucial for an arbitrator to be sensitive to these differences and remain adaptable. This underscores the importance of diversity and inclusion in arbitration.
    • Furthermore, an arbitrator must possess a comprehensive understanding not only of the technical aspects but also of how to draft an award that can withstand challenges, such as those under Section 34 or Section 37. Achieving this level of proficiency requires extensive training in crafting well-reasoned awards and a solid grasp of the grounds for challenging an award. By continually refining these skills and adapting to the evolving landscape of arbitration, an arbitrator can effectively meet the demands of the role.
    • I would also like to add that for specialised disputes such as construction, maritime, or infrastructure disputes, arbitrators with prior experience in these fields are much needed. Sometimes parties overlook these issues in technical matters, and these mistakes cost clients dearly.

    In the realm of construction disputes, what kind of issues usually arise, what strategies do you find most effective in pre-emptively addressing potential conflicts and mitigating the risk of disputes during project execution?

    • The main problem in construction disputes arises from how tendering is done. The contractor with the lowest price usually wins. The terms of these contracts are quite onerous to the contractors, but they feel the need to make at least some profit.
    • The claims in construction contracts usually find their way in “variations”, “change of scope” and other changes to work. Claims also centre around rectification of Defects, eg. works not being in compliance with technical specifications, extension of time claims, centred around delay events causing critical delays in projects, basically having a ripple effect on time and cost, disruption, and acceleration issues.
    • One key strategy I have found works in construction disputes is the quality of correspondence. When the client notices that the other side has suddenly increased the quantity of correspondence or that the quality or tone of the correspondence has changed, they should expect that the other party has engaged someone like us for a certain impending issue. It is at this stage that the client should pre-empt disputes and address potential conflicts by engaging and developing effective strategies with their counsel early on in the dispute.
    • Often, it is mistaken that only the letters in a dispute are important. However, the multitude of emails exchanged and, of course, the messages exchanged on WhatsApp or chat give away certain key defaults on the part of the client.
    • Therefore, it is very important to have a legal expert on board from the outset.

    With your background in international and domestic arbitration, what do you think are the emerging trends in dispute resolution, and how are they shaping the legal landscape?

    • It goes without saying that one of the key trends is Online Dispute Resolution. It is receiving increasing acceptance and adoption.
    • The legal profession used to be known for its resistance to change and holding on to traditions. The pandemic broke through the resistance of lawyers, judges and arbitrators against being online.
    • In today’s world, once dispute resolvers master the richness of the use of more creative models of dispute resolution, it brings about a lot of flexibility. Clients now have access to the best legal minds across the globe at the click of a few buttons.
    • Additionally, ODR and increased technology adoption are cost-effective and sustainable dispute resolution methods.
    • If these new trends are properly leveraged, it is a win-win for all stakeholders.

    Beyond your professional pursuits, do you have any personal hobbies or interests that you find complement or enrich your legal practice?

    • Personally, I feel there is a need for legal professionals to disconnect from the chaos for some time each day and practice mindfulness exercises.
    • Apart from that, I also advocate some form of movement, such as exercise, which helps lower cortisol levels.
    • I also enjoy activities such as painting or other creative pursuits, which help me relax from the highly problem-solving and compulsive nature of our profession.

    You’ve been recognized for your work in advising startups to Fortune 500 companies. Can you elaborate on the specific challenges and opportunities you encounter when providing legal counsel to such a diverse range of clients?

    • I would say tailoring legal advice to suit the specific needs and resources of each client. Startups often operate on limited budgets and may require more cost-effective solutions, while Fortune 500 companies typically have more complex legal needs and resources to address them.
    • Startups are often at the forefront of innovation, requiring legal counsel to be proactive and creative in addressing novel legal issues. On the other hand, Fortune 500 companies may require in-depth knowledge of specific regulatory frameworks and industry standards, which can be intellectually stimulating and rewarding.
    • Being a chameleon to suit the needs of the client is key.

    lawyers and arbitrators who aim to make a significant impact in the profession? Considering your extensive experience and achievements in the legal field, what advice or tips would you offer to the upcoming generation of aspiring

    • One thing is that the current legal industry, or, I would say, the big guns, remain old-school in their practices.
    • However, today, the traditional methods of working or rainmaking will not stand the test of time. There is a need to recognise that the legal industry is evolving and that the traditional linear path is no longer ideal to settle into and retire from.
    • The upcoming generation needs to understand what drives them and to latch on to that passion. This informed passion should guide their big picture worldview, which does not need to be restricted to the traditional models of legal areas.
    • Aspiring lawyers and arbitrators must appreciate that we each need to embrace our own unique qualities and drive our own course in the legal profession. We no longer need to be limited by inherited models of law practice.

    As a recipient of the “Pioneering Women Leadership Award,” what initiatives or changes would you like to see in the legal profession to promote greater diversity and inclusion?

    • Despite the diversity seen in law schools today, I see that it is not translating to the legal industry as much as one would like. There is a clear disconnect.
    • Structural issues are present with many law firms. There is an urgent need for diversification in the legal profession. Representatives of various communities, having a diverse set of values and experiences, enrich any solution that a legal professional is trying to look for.
    • It would truly be foolish to have all this talent and not utilise it to its fullest potential.
    • Therefore, it is very important that the government, the bar, the bench, and large established firms avoid monolithic defence mechanisms that prevent diversity. Steps need to be taken to promote diversity, not due to an obligation but from the recognition of a compelling business need.

    Get in touch with Gunjan Chhabra-

  • “When one is doing relatively better in their career, it is easy to set a certain “effortless” narrative for their story. However, it is neither fair nor honest if they don’t acknowledge the years of struggle they endured to be wherever they are today.”- Stutee Nag, Dual-qualified Attorney, International Family Law Office of Jeremy D. Morley

    “When one is doing relatively better in their career, it is easy to set a certain “effortless” narrative for their story. However, it is neither fair nor honest if they don’t acknowledge the years of struggle they endured to be wherever they are today.”- Stutee Nag, Dual-qualified Attorney, International Family Law Office of Jeremy D. Morley

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

    Could you please share with us the story of how you chose to pursue a career in law, especially focusing on international family law and child custody matters between India and the U.S.?

    Being a lawyer is tough. 

    Being a young lawyer is tougher. 

    But being a first-generation, young lawyer – well, that’s just pure chaos!

    I received my law degree in India in 2012, and it has been quite the journey from a fresh law graduate to an international family law practitioner. From being a law clerk at the Punjab and Haryana High Court, to a litigation associate in New Delhi, to an LL.M. candidate in New Hampshire, to a duly licensed New York attorney, to a wife, and, most importantly, to a mother – I have had the good fortune to evolve at every step.

    My initial connection to this area of law and my continued interest in this field is a sum total of several factors. I stumbled upon this particular practice area by chance when I started working for one of the most renowned international family law practitioners in the world, I am based in one of the most diverse cities in the world with a high number of internationally born population, I come from a country that has the world’s biggest diaspora, I am a dual-qualified attorney, and I am a young immigrant mother in an international marriage. In essence, I can relate to the challenges faced by international families, not just as their attorney but also on a much more personal level.

    As someone deeply involved in international family law, could you shed light on what are some of the most significant challenges that your clients face after the breakdown of an international marriage/relationship, particularly concerning issues like International Parental Child Abduction (IPCA)?

    I think the biggest challenge for a person stuck in the middle of an international divorce or custody dispute is to secure effective and timely legal advice. It is challenging enough to figure out the laws and the public policy of one jurisdiction but throw in a whole other continent, and it’s a different ball game altogether. From the financial aspects of a divorce to child custody laws, there are different advantages (or disadvantages) that come with a particular jurisdiction. This often ends up in parties initiating multiple parallel proceedings against each other and then ensuing a judicial tug-of-war, especially in child custody cases. Thus, one wrong step in an international family law dispute can have an everlasting impact on a person’s custodial rights over his or her children, financial rights upon a divorce, immigration status, professional goals, and overall life.

    International Parental Child Abduction (IPCA) is an example of one of the many challenges which a parent might face when an international marriage/relationship breaks down. IPCA is the removal or retention of a child by one parent, outside the child’s country of habitual residence, in breach of the other parent’s custody rights (often done without the knowledge or consent of the other parent). It is a federal crime in the U.S.

    Could you provide our listeners with an overview of the Hague Abduction Convention and its significance in resolving cases of international child abduction?

    The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the “Hague Convention” or the “Convention”) is an international treaty that aims to prevent IPCA and protect children from the harmful effects of such wrongful removal or retention. The Convention establishes a legal framework (a “shared civil remedy”) among partner countries for the prompt return of internationally abducted children to their country of habitual residence. A court functioning under the Convention does not settle a child custody dispute. It merely decides whether or not a child should be returned to the country of his habitual residence, so that the custody dispute can then be settled by the courts in that country. 

    Keep in mind that just because a country has signed the Convention does not mean that an internationally abducted child would have to be ordered to be returned under all circumstances. The Convention provides six defenses when a court may deny the return of an abducted child. These defenses concern a “grave risk of harm” to the child upon return, the child’s age and opinion, the one-year-and-settled rule, violation of fundamental principles of human rights, consent of the left-behind parent, and the fact that the left-behind parent was not actually exercising rights of custody at the time of wrongful removal.

    More than one hundred countries have signed the Hague Convention. India is not one of those countries.

    You’ve been actively advocating for India to sign the Hague Abduction Convention. Can you explain why you believe this is crucial and the potential impact it could have on resolving international parental child abduction cases involving India?

    I will keep it as short as possible!

    India’s need to accede to the Convention has been underscored by various concerned authorities in the past, including the Hon’ble Indian Law Commission. However, in April 2018, India refused to sign the Hague Convention. It was primarily because the Indian government felt that signing the Convention would deprive the Indian courts of the discretion to refuse the return of a child in a Hague case where such a return is not in the “best interest of the child” (BIOC). The BIOC is the basic principle that all Indian courts apply in all disputes concerning a child’s custody (or even return). The Hague Convention, on the contrary, implies that a court that is merely hearing a return petition should not apply the BIOC principle because it is for the courts in the country where the return is sought to make a rights-of-custody determination under that principle. The second reason for the Indian government to decide against the Convention was that it had concerns about gendered domestic violence against mothers of Indian origin in a foreign country. 

    At that time the Indian government also introduced a Bill titled the Protection of Children (Inter-Country Removal and Retention) Bill, 2018, to tackle the menace of IPCA. Additionally, a “Proposed Authority” was ordered to be set up to handle inter-country parental child removal disputes, and a “Mediation Cell” was established in 2018 to mediate international custody disputes.  It has been almost six years since the Proposed Bill was introduced, but it has since been tabled. The Proposed Authority is yet to come into existence, and the Mediation Cell has not resolved any abduction cases. Not to mention that even if the Proposed Bill had become a law, it would have still lacked the required international backing or the proverbial teeth. However, even without factoring in the issues concerning the Proposed Bill or the Proposed Authority, there still are several independent reasons why the Indian government should consider signing the Convention.

    Firstly, the concerns of the Indian government regarding the BIOC appear to be unfounded because the BIOC is almost a universally applicable standard in child custody disputes. Thus, no matter which court gets to decide the custody dispute, the applicable standard will always be BIOC.

    Secondly, while India’s concerns about gendered domestic violence are not unfounded, it is not an issue specific to women of Indian origin. It is a sensitive and grave issue worldwide, irrespective of the gender or nationality of the victim. Most Hague countries have effective mechanisms in place against domestic violence. This help is available irrespective of the victim’s race, gender, nationality, or immigration status. For instance, all the U.S. States have such programs and helplines in place which offer assistance to domestic violence victims. Such services are usually free of cost, and attempts are even made to provide such assistance in the language that the victim speaks. A victim of domestic violence can initiate a police complaint against the preparator, secure a restraining order, file for a divorce, and initiate a custody case before the concerned foreign court.

    Thirdly, instead of causing an unauthorized removal of the child from another country to India and facing criminal charges, the taking parent has the option to seek the permission of the foreign court to relocate internationally with her children by initiating an international child relocation petition.

    Fourthly, authoritative statistics confirm that India has the world’s biggest diaspora, and all the top countries to which Indians move are Hague signatories, barring the UAE.

    Fifthly, India’s current system of handling a return petition through the writ of habeas corpus and the governing factors in such a writ are strikingly similar to the defenses in a Hague case (as in the situations where the Hague court may not order the return of the child to the country of his habitual residence). Some of these factors/defenses include the age and opinion of the child, the time spent by the child in India since the time of the abduction, the grave risk of harm to the child (or the taking-parent), and the association of the left-behind parent with the child.

    Fifthly, if the taking parent is a mother who decides (in an impulsive moment) to return to India with the child, she may then be prevented, forever, from claiming what is rightfully hers upon divorce in a foreign country because her husband has not only initiated a criminal complaint against her but there is an international arrest warrant out against her. Under such circumstances, the Indian wife’s right to be maintained upon divorce will be hard to enforce through an Indian order, given that the husband is living in a foreign country. On the other hand, the wife would likely not get what she deserves from the foreign court because she willingly flouted a serious law against IPCA and possibly defied a foreign court’s return-of-the-child order.

    Not to mention the burden it puts on an already overburdened Indian judiciary. Once the taking-parent is in India, there is no way to predict what they might do/assert in order to be able to retain the child in India. From filing made-up domestic violence charges to initiating false cases under the infamous Section 498-A of the Indian Penal Code in some cases to filing for restitution of conjugal rights, both sides take whatever steps they feel are necessary to exert pressure on the other side. 

    Furthermore, in today’s rapidly changing economic climate and given India’s bid to be seen as a key player in the current global settings, it does not bode well for India’s international image when the Indian legal system is referred to as “less developed” or as a “safe haven” for child abductors.

    In your experience, what are the usual legal avenues available for a left-behind parent seeking the return of their child from India, considering India’s current stance as a non-signatory to the Hague Convention?

    As I mentioned in my previous answer, the usual way to secure an internationally abducted child’s return from India is to file a writ of habeas corpus before the concerned Indian High Court. However, it is an extraordinary writ and is usually available only under exceptional circumstances. Moreover, from the voluminous (and highly divergent) Indian case law, it is hard to deduce a set of favorable factors that might cause the Indian High Courts to order the return of a child in such cases. The uncertainty of the left-behind parent is not as to the outcome alone; this uncertainty also remains with respect to the correct procedure to follow. Whether to approach the foreign court for an interim custody/return order or whether to approach the Indian writ court directly – there is no clear answer. On the one hand, the existence of a foreign custody order is considered as one of the several factors that Indian courts consider while ordering the return of the child, on the other hand, it seems necessary for the left-behind parent to secure an emergency custody order from the child’s country of habitual residence in the hope to prevent the taking parent from initiating a regular custody case in India based on the concept of ‘ordinary residence’ of the child (and this is just one such example).

    Understandably, a left-behind parent (especially one of Indian origin) might feel cheated by the system because of the lack of proper recourse.

    Given your extensive experience and expertise, what advice would you offer to fresh graduates aspiring to specialize in international family law or pursue a career in law with a focus on cross-border issues?

    Dear fresh graduates, I’d like to start with a bit of general advice. Don’t be afraid to make mistakes (as long as you learn from them). And please don’t be afraid to share. Whether it is your special knowledge or skills, your initial insecurities regarding this profession, or even your occasional failures- whatever it is- learn to share. 

    When one is doing relatively better in their career, it is easy to set a certain “effortless” narrative for their story. However, it is neither fair nor honest if they don’t acknowledge the years of struggle they endured to be wherever they are today. I had my share of struggles during my initial years, and sharing those struggles with people close to me only made things better. By sharing your struggles with others, you are telling the other people (who are also struggling) that they are not alone and that it gets better. This is generally true for any profession, but it is spot on for fresh-out-of-law-school lawyers. There is a learning curve to this profession, and there is no one defined way to master it. So truly, what matters is your journey (and detours), not the destination. Don’t be afraid to network and reach out to other people if you have doubts (in fact, my US journey started by reaching out to a wonderful attorney who was featured by Superlawyers back then).

    For any kind of international law practice, you should be prepared to learn (from scratch) the legal system of another country (sometimes you may even be required to unlearn the things you did in your home country); you will be required to take the Bar exam once again (easier said than done); you must learn to network, and lastly, as with everything in life, luck is a huge factor (especially with immigration-related issues).

    It is possible when you shift gears in your profession, that you will find that your carefully honed skills from your previous position do not necessarily translate into your next position. However, they are never rendered useless. It is entirely up to you to collate your bundle of skills and offer something unique to the world.

    Finally, considering your advocacy work and professional journey, what message or advice would you like to share with our listeners, especially those who might be facing international legal challenges or navigating the complexities of international family law?

    Get the right attorney ASAP! 

    The first step in many international family law cases is the most important one, and one must not mess it up by receiving incorrect (or impractical) advice.

    Get in touch with Stutee Nag-

  • The most important principle is to be open to all the work that comes one’s way, nothing is too small or too big, to work with sincerity and dedication and not to engage in wasteful comparative analysis-Rajat Moudgil, Dual Qualified Lawyer – Associate Partner P&A Law Offices

    The most important principle is to be open to all the work that comes one’s way, nothing is too small or too big, to work with sincerity and dedication and not to engage in wasteful comparative analysis-Rajat Moudgil, Dual Qualified Lawyer – Associate Partner P&A Law Offices

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

    Sir, please share with us how you initially became interested in the field of law and what led you to pursue it as a career?

    I became interested in the field of law because of my father. He is a litigation lawyer on the civil side. In his prime, he was one of the leading lawyers in the city (Jalandhar, Punjab). When I was young, I was always in awe of his legal practice. I grew up in an environment where his office and our residence would be bustling with clients, lawyers, clerks and stenographers. I liked the busy life of a litigation lawyer where clients from all backgrounds with diverse problems came to explore solutions to their problems. 

    I realized that the core of the legal profession is problem solving and I started getting interested in the field of law, with the higher objective of contributing to the justice delivery system. Now after being a part of this system for more than 10 years, I can easily say that law is an empowering profession that has the ability to bring actual change in people’s lives. 

    Could you tell us about your educational background and the significance of your LL.M. in Competition Law and Market Regulation from the National Law University, Delhi?

    I did B.A.LL.B (Hons.) from Panjab University, Chandigarh. Thereafter I proceeded to join my father in his litigation practice and learnt how to apply and practice law from the ground level. This phase in my life was the building block of my journey as a lawyer. I represented clients in all kinds of civil disputes that included possession disputes, matrimonial disputes, eviction matters, injunction suits, testamentary and succession disputes etc. For a period of three years I was also empanelled by the District Legal Services Authority which allowed me to represent the unrepresented in criminal trials. I was fortunate to get an opportunity to appear in criminal matters ranging from petty theft offences to murder trials. 

    However, after practising for 5 years, I wanted to move from private party litigation before District Courts to litigation that would be significant at the national level. In 2015, National Law University, Delhi came up with a new LL.M. specialization in Competition Law and Market Regulation, in addition to its usual LL.M. in Public Law. I thought specialization in a new and upcoming stream of law, even though the Competition Act was enforced in 2009, would allow me to garner new skills and help me in my endeavour to contribute to the legal system at the national level.  

    My LL.M in Competition Law and Market Regulation was interesting and fulfilling academically. Throughout my studies I realised the prime importance of my tenure as a litigating lawyer, for it was that experience which enabled me to understand competition law in application and not just theoretically. I also realized the difference in the attitude of institutions and students between State Universities like Panjab University and NLUs (at least the one I attended). In Panjab University the institution and students were primarily focussed on making a career in the judiciary or other government services. I must add that I too appeared for judicial exams in Delhi but could never go beyond the mains stage. Moreover, in Panjab University the focus was only on traditional subjects and new laws like Competition law, Insolvency and Bankruptcy etc were hardly included in the curriculum. At NLU Delhi, I witnessed students exploring different subjects and careers after graduation or LL.M. The teaching methodology and student assignments were also different at NLU Delhi in comparison to Panjab University. Another difference between traditional universities and law universities is the opportunity to interact with students from different faculties and departments. Traditional universities like PU allow students pursuing different subjects like law, arts, science etc to interact and associate. Moreover student unions are stronger and student body elections are significantly more important here.  

    Significance of the time spent in both the universities has been immense not just in the profession but in life. I made some lovely friends and even met my wife while studying at NLU, Delhi. 

    As someone who is qualified by both the Bar Council of India and the Law Society of Ontario, Canada, could you discuss the similarities and differences between practicing law in India and Canada?

    I have qualified for the bar in Ontario, Canada but have not practiced there. However, I can comment based on the qualifying examination I cleared and the requirements I need to fulfil to continue my license. I think the profession in Canada is regulated in a much better way than in India. To start with, the qualifying exams (barrister and solicitor) which everyone is required to clear to qualify as a lawyer is more challenging than the All India Bar Examination conducted in India. The exams are framed in a manner that tests the candidates on ethical and professional responsibilities, as well as legal knowledge. 

    Even after qualifying as a lawyer, all lawyers are required to complete several requirements like submitting annual reports, continuous legal training (Continuous Professional Development) etc, failing which lawyers are suspended from practice. These details are also published on the website for the general public to know. Overall the system aims to protect clients from unethical practices and rules and regulations are implemented better in comparison to India. 

    What are some of the challenges you faced while representing clients in antitrust-related matters before the Competition Commission of India and the courts? How did you overcome those challenges?

    Proceedings against these clients are pending either before the Competition Commission of India (CCI) or in appeal stage, so I’ll not be able to state much. However, I can say that antitrust proceedings in India are often based on perceptions and projections. Most of the times the prima facie view formed by the CCI before directing investigation is followed by the office of the Director General (DG) and again upheld by the CCI at the time of passing final orders. CCI often follows the market defined by foreign regulators in similar industries and is often not willing to adapt the market definition to Indian realities. I must add that lawyers also depend and rely on international jurisprudence to support or defend their cases. Despite the wide powers granted to the CCI to impose high penalties and dictate business decisions, the responsibility to establish contravention through evidence is quite low. The lack of transparency in CCI proceedings can also be a cause of annoyance at times. 

    Since the facts and proceedings are often complex, the Appellate Authorities also refrain from interfering in the primary questions of ‘definition of relevant markets’ and ‘market power enjoyed by parties.’ Although appeals have been allowed against CCI Orders but most of them have been allowed on procedural grounds.  Appeals on many important issues are pending before the Supreme Court. Though we are part of the system and are equally responsible for the delays in final adjudication of appeals, we try our best to be ready to meaningfully assist the Courts in deciding these important issues.  

    Apart from your work with P&A Law Offices, you have also served as a Senior Associate at the Competition Commission of India. Can you share your experience there and the role you played in analyzing merger notifications and investigating alleged anticompetitive practices?

    My tenure at CCI has played a vital role in my career. After finishing LL.M. I wanted to work at the CCI to understand its functioning. Unlike Courts, CCI has a very good setup where the Members are assisted by experts from legal, economics, accountancy and other fields. In fact, the decisions passed by the CCI are guided by the analysis and assessment done by these experts. Further, there are different divisions for merger control, antitrust enforcement, legal proceedings that include initiating and defending by CCI, economics, investigation etc. I was fortunate to have worked in different divisions. During my tenure I worked in the investigation divisions where we assessed and analysed cartels, anti-competitive vertical agreements and abuse of dominance related complaints. In fact the resale price maintenance case against Maruti originated from an anonymous complaint analysed by the investigation division. 

    The combination division dealing with merger control required me to collaborate more with counsels appearing on behalf of merging parties. CCI has a pro-business approach in merger control, however the division ensures that all combinations are notified as per the regulation and then vigorously pursues combinations where it is able to identify a harm arising out of the combination.  

    In addition to these divisions, I was attached to the office of one of the Members of CCI, where I was required to brief on matters from all divisions. 

    Lastly,  what advice would you like to give to fresh law graduates who are just starting their careers? What key lessons or principles should they keep in mind as they embark on their professional journey?

    The most important principle is to be open to all the work that comes one’s way, nothing is too small or too big, to work with sincerity and dedication and not to engage in wasteful comparative analysis. Young professionals should be willing to explore and learn different practices. I think law firms are exerting unwarranted pressure on young professionals to persist with only one field and the industry is needlessly focussing on specialisation. In fact even in a particular field, firms are demanding lawyers to be super specialized. For instance in Competition Law, lawyers are being categorized as enforcement specialists or merger control specialists. Specialisation or super specialisation is fine and may even be essential in the long run, especially in law firms, but fresh law graduates should be encouraged to develop skills and gain knowledge of different fields of law. 

    The core principles in law are the same across all fields and most of law is based on common sense. This is the reason why most senior counsels are able to represent clients across all fields of law. However, the industry and recruiters are not always willing to embrace young professionals who don’t specialize in one subject at the beginning of their careers. I can easily say from my own experience that all my different experiences, be it original side litigation, legal officer at an insurance company, association with CCI, competition law counsel at a law firm, have played an important role in understanding the legal system better and in practical application of different laws.  

    Get in touch with Rajat Moudgil-