Super Lawyer

Tag: foreign investments

  • Chasing Questions, Not Glory: Crafting a Global Legal Career  – Dr. Argha Kumar Jena, International Disputes Lawyer and Advisor.

    Chasing Questions, Not Glory: Crafting a Global Legal Career  – Dr. Argha Kumar Jena, International Disputes Lawyer and Advisor.

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

    Your academic journey includes a full-scholarship Ph.D. in International Law and Economics from Rome and an LL.M. from Berlin. How has this interdisciplinary training influenced your understanding of economic analysis in the development of international legal norms and dispute resolution mechanisms? 

    Public international law in general requires deep academic insight considering that the efficaciousness of the ‘rule of precedents’ (if any) is volatile in practice. When it comes to International Economic Law (as we like to call it), issues in dispute concern not only economic treaties but its complex interactions with the branches of applicable national laws as well as commercial realities. In such instances, having cultivated the habit of interdisciplinary thought processes can certainly help in strategizing efficiently. ISDS being a form of dispute resolution where effects of economic policies are often subject to adjudication by international tribunals – requires one to understand macroeconomic impacts of such policies and/or measures and also analyze it within the contours of the facts. Dispute resolution mechanisms flowing from treaties are a herd of unicorns within the fields of law. Hence, having a wider field of intellectual vision that one may acquire through interdisciplinary academic pursuits and exposure to multiple legal systems can certainly help. However, I maintain that institutional education is not the only way of going about it. My journey is the consequence of my choices, that I remain happy about. 

    You pursued your Ph.D. in International Law and Economics while working full time, a challenge few take on. What was that experience like, and how did you manage the demands of both academic research and professional responsibilities?

    This again was a consequence of one of the choices that presented itself to me. Applying for Ph.D. Scholarships is a full-time job in itself, and I understood that from the failures of my initial attempts. Identifying a research gap, crafting a proposal and a plan of execution, having it critiqued from experts, choosing a Supervisor, shortlisting universities with appropriate departments, and then making it within the deadlines – all of these mandatory steps to begin a Ph.D. are time-consuming and require dedicated efforts. Luckily, during my stint at a boutique law-firm in Berlin, I had come to be professionally acquainted with a leading expert in the field of international economic law, Prof. Steffen Hindelang. Having already started to work with him part-time, while still at the law firm – allowed me to ease into the process. With time, I was exposed to several complex questions of law and started to learn approaches that experts take while opining on a matter of international economic law. My association with the Professor put me into a network of an intelligentsia, whose sharp and unfiltered critique helped me work on the list of what to do. As I continued to assist him in several of his engagements as an expert in several international forums and arbitrations, my ability to gain context expanded. Before trying to solve a problem, I got to understand a wider gamut of the field within which the solution was to be proposed. This led me to choose a Ph.D. theme that lay in the intersection of what I was working on, and what I could develop it into i.e., “Fate of Protectionism in International Investment Control: A Sustainable Development Perspective”. After 6/7 months of refining my proposal, I found the opportunity in Rome i.e., a rare interdisciplinary Ph.D. programme in economics and law – where I applied with my proposal and ended up getting selected. While the scholarship required me to move to Rome, I continued my role with the Professor that expanded over time as well. As my research and work were largely in the same field, both complemented each other. Being in Rome, allowed me the opportunity to work on a novel project on investment contracts at UNIDROIT. All of it together was indeed a demanding endeavour, but the symbiosis between all the engagements rendered it possible. Of course my mentors, supervisor, and university enabled me to travel and engage adequately to participate in forums of exciting discussions that kept me motivated. It was the ecosystem that made it possible for me.   

    With close to a decade of experience across Germany, Italy, and India, how has your cross-border legal practice informed your strategy in advising global clients, especially in high-stakes commercial arbitrations and international contract negotiations?

    A multi-jurisdictional exposure with the fortune of having hands-on experience throughout – is essentially a professional upbringing narrative. Having been successful at surrounding myself with people smarter than me in several instances has taught me much. As we all know, Civil Law and Common Law – being the two distinct forms of legal systems co-exist with characteristic differences whose intricacies one can experience better while working on cases that necessitate grappling with them. In my limited experience, understanding of differences in procedural and substantive law of contrasting jurisdictions is a non-negotiable for lawyers who want to work on matters ‘international’. So indeed, I now take into account more things in my analysis of facts and law, including cultural and systemic differences of jurisdictions. And most importantly, it helps me delineate the questions that I need help with, when corresponding with my colleagues outside India.  

    In terms of stakes – one must understand that in cross-border disputes, stakes are usually high by default. The process is complex and expensive for the parties concerned, hence is resorted to when stakes are generally high.   

    Your path to becoming a Principal Associate at DMD Advocates has been anything but conventional. What were some key turning points in your journey, and how did they prepare you for your current leadership role? Also, in your role at DMD Advocates, you lead advisory work on cutting-edge issues like crypto-assets and artificial intelligence. How equipped do you think the Indian legal system is in comparison to other jurisdictions to address the legal complexities emerging from digital assets and algorithm-driven systems?

    As key turning points, I would list three of them, (i) having had the opportunity to work and learn under an academic lawyer, that showed me a novel career path that I can tweak for myself, is possible; (ii) moving to Rome, that allowed me to be close to UNIDROIT and get acquainted with some experts who advise on matters concerning Digital Assets; (iii) deciding to move back to India for the opportunity at the Ministry of Finance, which allowed me to apply whatever I learnt to matters of economic treaties on a daily basis. 

    As for my role in DMD Advocates, I am a part of the dispute resolution and litigation team. Here I work on matters concerning both Indian law and International law. Working cultures differ across continents and countries, but it is usually inconsequential to engage in comparisons. However, my style of collaboration with colleagues (including my juniors), as I like to think it, is a blend of German directness in terms of giving and taking feedback, Italian tendency to ease into things unless necessary to do otherwise (I detest fake emergencies) and the signature Indian adaptability in making the best of what is available. 

    In terms of advisory in new technologies, a lawyer’s take is necessitated by the fact that the legal framework applicable doesn’t immediately change, instead it often may need to evolve. Hence, identifying gaps in the legal and regulatory frameworks and advising on account of realities, is a primary need of the hour. However, given the pace in which the digital economy of the world is changing, new challenging questions requiring interdisciplinary approaches are becoming increasingly common for those of us who are active in space. In terms of how prepared the Indian legal system is to adapt to new technologies, I think we have enough smart brains in the country to do the needful. The contextual regulatory landscape is evolving across the world, and India is no exception. It is the age of geoeconomics after all.       

    Having represented clients from the EU, Asia, and the Middle East in arbitration and contract-related matters, what recurring legal risks or contractual pitfalls have you observed in cross-border commercial transactions? Could you share a case study that was most interesting yet challenging for you?

    In terms of pitfalls in international contracts, there are many that I am aware of, but recurring ones include, (i) a uniform and well drafted choice of law/applicable clause across the master contracts and sub-contracts; (ii) lack of explicit referencing of the terms and conditions to a (cross-border) purchase order; and (iii) lack of well drafted hardship and/or force majeure clauses. While any of the three things that I have mentioned may seem elementary to contracts, they have observably caused several complexities that allow dispute resolution to be consequently delayed, albeit for justifiable reasons. 

    It would be difficult to provide a case study in the amount of detail that would be useful for students, but here is something that seems novel but is not. In major construction projects, the contractual framework consists of the master contract, several sub-contracts and also sub-sub-contracts. An arbitral award was passed against an Indian entity (a sub-contractor in such a project) in an international commercial arbitration. However, by the time the award was rendered, the award debtor was declared insolvent by the NCLT. As the lawyers advising the award creditors (who were European), one had the option of following the traditional route of participating in the insolvency proceedings as one of the creditors. However, rather than merely accepting the limited recovery prospects of traditional insolvency proceedings, one may identify alternative enforcement strategies leveraging the complex contractual architecture typical of major construction projects. Subject to the impact of applicable laws, an option could be pursuing parent company guarantees or performance bonds that were likely executed as part of the master contract arrangements. However, we ended up using several indemnity and guarantee clauses in the contractual framework to get the main contractor and the investors in the insolvent company to settle with us on a reasonable quantum.  

    Your experience spans both private and public international law, from assisting European governments in ICSID proceedings to advising the Indian government on WTO and UNCITRAL matters. In your view, what is the future of international investment law amid rising protectionism, digital sovereignty, and shifting geopolitical alliances?

    Investor-State Disputes, and their backgrounds vary greatly in the contexts of the countries involved. So, oversimplification of such complex constructs would be bordering on generalization – that is rather impressible in my profession. However, I can safely say that international investment law is at its adolescence. The procedural reform efforts to ISDS triggered in 2017 at the best of the UNCITRAL Working Group III, have made significant progress in some areas, especially in the context of procedural and crosscutting issues and instruments designed with a focus on mitigation of disputes. One must appreciate that while international investment law principles become seemingly sophisticated, the dispute resolution mechanisms contained in treaties also appear to evolve with time. While ISDS as a method of dispute resolution amongst sovereigns and private entities – is here to stay, the intricacies of its processes and the nature of the disputes themselves are bound to evolve, in light of the new technologies. The typology of policies that may come to be challenged under such a characteristic legal regime would certainly expand. New technologies (including Crypto-currency and Artificial Intelligence) have the potential to creep into the fact patterns of investment and trade disputes.          

    You’ve taught at institutions ranging from Uppsala University to UNIDROIT and South Asian University. Based on your global academic engagements, what do you see as the biggest pedagogical gap in training future international economic lawyers, and what resources or practices would you recommend for staying ahead?

    One of the most visible differences in Indian and European academia, at the graduate and post-graduate level is the student-teacher ratio, which is of course smaller/narrower in Europe. In my estimation, that difference can manifest in terms of student output, if the teaching methods are not curated well. In India, the number of students is higher, so a Professor’s workload will inevitably increase if old teaching methods are retained without integration of new technologies. I would imagine that post-graduation programmes (especially LL.M.s) in India can be modulated to compete with the quality in Europe, UK or USA. Given that most lawyers wouldn’t pursue Doctorates, a post-graduate degree program (like an LL.M.) would be the last stint in institutional education for many future lawyers. We should do our own parts to finish it well! 

    Some European universities use in their post-grad programmes a Problem-Based Learning (PBL) method, where every day’s lectures are accompanied by an application-based exercise and group activities. Indian universities also implement several of such methods, albeit in variance. However, some Eruopean testing methods include an examination for each module (which is always partly or fully open book) and an essay on a topic of their choice guided by Professors. For this to be effective in India, would need significant heavy-lifting by the Professors to design such open-book examinations and their grading methods that accounts for the behavioral patterns of Indian students. The pedagogical gaps, if any, I believe are (i) the lack of curated courses that necessitate post-graduate students to think in terms of real-life problems in examinations that they care about; (ii) lack of automated grading/marking in examination design that aim to test descriptive knowledge or memory retention. 

    As an enthusiast of international economic law, I believe staying atop geopolitical and new technologies news starts as difficult, but after a few months of regular reading becomes easier as one learns to drown the noise. The ORF Newsletter, CSIS Geoeconomics Bi-Weekly Newsletter are good places to start if you cannot read daily. The Economist and Economic Times, manages to keep pace with developments. However, one must cut to the source of the regulation or law concerned to form their own opinion. For investment arbitration news, popularly there is GAR, IAReporter, and Kluwer Arbitration Blog. For AI Research the newsletter from LORE, is quite insightful, I think. While several independent media sources can also be insightful, recommendations may vary according to areas of interest. 

    Get in touch with Dr. Argha Kumar Jena –

  • Bridging Science and Law: A Unique Approach to Legal Practice and Emerging Technologies – Alishan Naqvee, Founding Partner at LexCounsel, Law Offices.

    Bridging Science and Law: A Unique Approach to Legal Practice and Emerging Technologies – Alishan Naqvee, Founding Partner at LexCounsel, Law Offices.

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

    With more than two decades of legal experience and background in physics, what was the inspiration for you to transition to law and how has your scientific education, specifically related to physics, influenced your approach to legal practice?

    I consider myself an accidental lawyer, as law was not my original ambition during school or while pursuing my graduation in physics. However, circumstances led me to take the law entrance exam, where I was selected. Interestingly, I had also appeared for other entrance exams, including one for mass communication. Before moving into law, I also spent some time training as an Assistant Commander in the Indian Armed Forces. My background in science has been very useful in my legal career, as it has helped me develop strong analytical and problem-solving skills, which are key in law. These skills have made it easier for me to understand and address legal issues.

    When I started practising law in 1998, the telecom and IT outsourcing sectors were in their infancy in India. My scientific background enabled me to grasp the technical aspects of these fields with ease. For instance, I worked on matters involving leased lines, the introduction of VOIP (Voice Over Internet Protocol), and regulations like the prohibition on terminating internet calls over PSTN (landline) connections, which required separate devices at the time. This technical knowledge gave me an advantage early in my career, enabling me to work closely with clients and gain valuable experience. Even now, my scientific background remains crucial, especially in emerging fields like AI, machine learning, and medical devices, where a solid understanding of science is often essential in areas like data privacy, data protection and competition law.

    While many assume that a lawyer with a science background would naturally gravitate towards intellectual property or patent law, my career path has been far more diverse, involving criminal cases, civil disputes, and regulatory matters across multiple sectors. My science background has been valuable in helping me interpret and analyse complex information accurately. Although I never expected my physics education to connect so closely with my legal work, it has sharpened my analytical skills and allowed me to handle a broader range of issues. My journey has shown that science and law can complement each other in meaningful ways.

    Given your background in science, law, and ethics, what is your perspective on the challenges we may face as emerging technologies like AI, IoT, and blockchain become integrated into our legal and societal systems? Specifically, how do you see AI influencing forensic evidence and the practice of law? What ethical dilemmas do you anticipate arising from these technologies, especially considering their potential impact on society and the legal framework in a populous country like India?

    With my background in science and law, I see the integration of emerging technologies like AI, IoT, and blockchain into legal and societal systems as both a challenge and an opportunity. AI has the potential to revolutionize legal practice and judicial processes, but its adoption must balance the benefits of innovation with addressing ethical concerns and ensuring societal well-being, especially in a diverse and populous country like India. 

    India is uniquely positioned to lead in the global AI landscape, with much of the development in generative AI and software engineering being driven by Indian professionals, both domestically and abroad. As a hub of global IT leadership, India has the expertise and resources to shape the future of AI responsibly. This role comes with the responsibility to establish ethical frameworks that ensure AI acts as a tool for justice and societal progress, rather than a source of harm or inequity.

    AI’s application in the legal field can be divided into three stages: 

    1. Basic Automation: At the most basic level, AI can handle routine tasks and manage high-volume cases, such as traffic violations, where penalties can be automatically issued based on photographic evidence. Bulk cases like recovery suits, small financial claims and builder disputes can also be streamlined, with AI drafting basic judgments. A “maker-checker” system can ensure accuracy and save judicial time for more complex matters.
    1. Case Categorization and Prioritization: The second stage involves AI helping to categorize and prioritize cases, allowing the judiciary to focus on critical matters involving life, liberty, privacy, and public policy. Courts already use categorization for bail matters, and AI could streamline less critical cases. This would free judges to focus on high-stakes issues like corruption and white-collar crimes, improving judicial efficiency without compromising the need for human compassion in decision-making.
    1. Complex and Sensitive Cases: The third stage is AI’s role in supporting complex and sensitive cases, such as those involving fundamental rights or criminal offenses. Ethical dilemmas require nuanced understanding and empathy, which AI cannot replicate. Judges must retain ultimate authority in such matters to ensure justice is served with compassion and context. AI can help with research, analysis, and gathering evidence, but final decisions should be made by humans to ensure fairness and to uphold the law.

    AI is set to change the way lawyers work by automating tasks like documentation, research, and drafting. This might reduce the need for some entry-level tasks but opens up opportunities to focus on skills like analysis, strategy, and argumentation. For young lawyers, especially those impacted by the pandemic, the key will be adapting to these changes while building courtroom skills and upholding ethical practices that technology can’t replace.

    Ethical dilemmas are a major concern in the use of AI, especially generative AI, which can create false information that may be misused in courtrooms if not carefully monitored. Over-reliance on AI could also lead to decisions being made without adequate human oversight. While AI can be a valuable tool, it must serve human objectives, not replace human judgment. To ensure justice and fairness, India’s legal framework must adapt to technology with regulations that balance innovation and safeguards against its misuse. Training for lawyers and judges on AI’s capabilities and limitations is essential for responsible use. By embracing AI cautiously and ethically, India’s legal system can benefit while ensuring that compassion and fairness remain at the heart of justice.

    Given your experience in healthcare, where AI and robotics are increasingly used in elder and newborn care, ethical concerns about privacy, data misuse, and autonomy are growing. Neuroethics, particularly around “brain rights,” is becoming a global issue, yet India lags in addressing it. With India’s focus on fundamental rights, when do you foresee lawmakers accelerating discussions and legislation to protect cognitive liberties and ensure AI respects privacy, autonomy, and dignity?

    Unfortunately, what we observe globally, and particularly in India, is that legislation often emerges as a reaction rather than proactive action. Laws, especially key ones, tend to be overhauled only in response to significant events or crises. Whether it pertains to criminal laws or other sectors, this reactive approach delays progress. AI is already prevalent, and we need to regulate it now. If we don’t, we’ll always be reacting to its effects rather than shaping its development. Importantly, no law is cast in stone; even our Constitution permits amendments. 

    A key example of delayed regulation is the medical device industry, which was initially governed by the Drugs and Cosmetics Act but took years to develop a dedicated framework. As medical devices increasingly incorporate AI, such as blood glucose monitors that use real-time data for more personalized care, the need for timely regulation becomes more urgent. While AI enhances precision, ethical concerns about autonomy and accountability arise. Robust regulation is essential to ensure safety, fairness, and accountability as these technologies evolve.

    Neurosciences represent a frontier where technology and ethics intersect, with initiatives like Neuralink, led by Elon Musk, showcasing both promise and controversy. Technologies that bridge physical or neurological impairments, allowing the brain to communicate directly, offer hope for individuals with conditions like neurodegeneration or spinal cord injuries, enabling them to “speak” through neural interfaces. These advancements could also change how we understand patients in vegetative states, distinguishing between natural responses and conscious communication. 

    Also, the concept of brain preservation opens exciting possibilities, such as preserving the brains of great minds like Einstein or Stephen Hawking to continue their problem-solving and creativity even after their deaths. Breakthroughs in tissue generation, like replicating tumours to test treatments, are already improving healthcare outcomes and paving the way to cure diseases like cancer. Combining brain preservation with AI could extend the knowledge of exceptional individuals, allowing their wisdom to guide future generations and drive progress long after their lifetimes.

    Ethical concerns are natural, especially in fields like neuroscience and AI, dealing with issues such as consent, privacy, and misuse. However, these concerns should guide progress, ensuring that innovation aligns with society’s values. Throughout history, humanity has advanced by tackling ethical challenges. The integration of AI, neuroscience, and related technologies offers huge potential, but it must be regulated carefully. By embracing these innovations responsibly, we can push boundaries and ensure technology benefits humanity, with compassion, ethics, and human oversight at the core, especially in medicine and law. Technology should remain a tool in human hands, not the other way around.

    Starting LexCounsel early in your career, you’ve worked extensively in litigation and dispute resolution. What challenges have you faced in these areas, and how have you proven your expertise? Additionally, for newcomers entering the field, what advice would you offer on balancing specialization with broader growth opportunities?

    When I began my career as a junior advocate, I saw law as a professional degree that offered the unique opportunity to start an independent practice right away, unlike many professions that require applying for jobs. Although law wasn’t my original plan, I knew I wanted to build my own practice. I gave myself six to eight months to try it independently, and fortunately, my first client’s payment covered my expenses, allowing me to grow. Looking back, running my own law firm has been a highly rewarding experience.

    In the early years of my career, I intentionally took on a wide range of work because I believed that diverse experience is key to intellectual and professional growth. I handled litigation matters that law firms often take on selectively, such as winding-up petitions, cheque bounce cases, and white-collar crimes. Law offers no one-size-fits-all path to success; some lawyers excel by specializing in a single area or focusing on one court, while others diversify into areas like litigation, arbitration, and regulatory work in forums such as the NCLT or NCDRC. In my view, the early years should be about embracing any work that comes your way, as these formative years are vital for understanding the nuances of different practice areas.

    One of the key lessons I have learned is that drafting should always follow a structured approach. Whether you are preparing a reply or initiating a case, it is essential to start by understanding the facts of the case, identifying the key issues, and conducting thorough legal research. Only then should you proceed with drafting, ideally in consultation with a senior or mentor. A common mistake among young lawyers is starting with assumptions and drafting without proper research, which often results in errors. Developing a disciplined approach to drafting and research is a skill that pays dividends throughout your career.

    The legal profession demands relentless hard work and dedication. Unlike other fields, there is no concept of a Monday-to-Friday workweek, weekends off, or a casual start to the week. The profession is highly competitive and unforgiving. One of my seniors used to say that law is a “jealous profession.” If you neglect it or treat it as secondary, it will leave you. Success requires consistent effort, particularly in the early years. Moreover, knowledge acquisition is non-negotiable in this field. If a lawyer fails to build a strong foundation of knowledge in the initial years, their career will face significant challenges after seven to ten years. A solid start is critical for long-term stability and growth in the profession.

    Hard work is essential, both in law school and in practice. While some believe law is learned only through practice, I’ve seen that students with strong academic discipline tend to perform better professionally. Law school builds skills like hard work and achieving results, which are crucial in the field. Those who neglect assignments or skip classes often struggle later on. In the early years, you may rely on family support or modest earnings, but without a solid knowledge base and experience, meeting expectations becomes challenging. My advice to young lawyers: embrace learning, build a strong foundation, and dedicate yourself to the profession. There is no greater embarrassment than being unprepared, and no greater satisfaction than mastering your craft and earning the respect of your peers and clients.

    Could you share your experience representing multinational corporations, which have unique legal needs compared to individuals or smaller companies? How have you navigated complex corporate transactions, dispute resolution mechanisms, and international arbitration systems? Given the importance of international law in these areas, how have you incorporated these learnings into your practice, and what advice would you give to learners on the significance of studying international law, especially with emerging technologies in mind?

    In the early 2000s, Indian employees of multinational corporations faced challenges due to the casual approach to bribery and facilitation payments, as the US Foreign Corrupt Practices Act allowed small facilitation fees to expedite routine government actions. However, the introduction of the UK Bribery Act, which banned such payments, marked a shift toward stricter compliance. I’ve witnessed teams being asked to resign due to violations of these laws, often from unintentional actions. Over time, with stronger anti-corruption laws, increased media scrutiny, and corporate training programs, compliance levels have improved. Today, employees understand the importance of following these rules, even if it means losing business, helping create a culture of integrity and reducing issues with non-compliance.

    In terms of litigation, our journey began when we established ourselves as a corporate and commercial law firm in 2004. Initially, our work was centred on corporate transactions, but clients began approaching us with disputes related to their franchise agreements, international contracts, and other business dealings. Since we understood their businesses and agreements, they preferred us over others to handle these disputes. 

    At first, we relied on senior advocates for court appearances, but this approach had limitations, such as difficulties in coordinating with external counsel and a lack of accountability. This led us to take a more hands-on approach, handling many hearings ourselves while engaging while reserving senior counsels only for crucial arguments. This shift improved responsiveness, reduced litigation costs, and built client confidence, with many now trusting us to handle cases independently or to decide when a senior counsel is needed.

    This approach has helped us build trust with our clients by ensuring clear communication, accountability, and adherence to timelines. This level of organisation and transparency, combined with our ability to represent clients directly in court, has been a winning formula. However, success in the legal profession doesn’t follow one path. Some lawyers thrive by specialising, while others succeed by maintaining a broad practice. For us, a mix of client trust, responsiveness, and adaptability has been key to building our practice.

    The legal profession has evolved significantly over the years. How has this change, particularly in terms of ethical implications and AI, impacted legal practice during your decades of experience? Additionally, with the shift towards a more “glocal” mindset, how do you see this influencing the Indian legal profession and its professionals?

    The legal profession has changed a lot over the years, especially with technology, ethical challenges, and AI. In my early days, technology wasn’t as important. Clients would sometimes comment on my youth, which I initially took as a compliment but later realized it was also a sign of their concerns about my experience. Over time, however, the profession embraced technology, especially during the pandemic, which pushed the legal system to adapt to virtual platforms and digital filing systems. Courts, like the Delhi High Court, took the lead in this digital transformation. Today, senior advocates confidently argue complex cases using tablets, with neatly organised digital files. It’s remarkable how the profession has not only adapted to these changes but has also become more environmentally conscious.

    This change extends beyond technology. There has also been a generational shift towards more pragmatic and socially conscious thinking within the legal fraternity. Whether it’s landmark judgments advancing the rights of the LGBTQIA+ community, the decriminalisation of outdated laws, or lawyers taking up environmental and social causes, we are witnessing a progressive evolution in our profession. Many lawyers actively assist the judiciary by initiating public interest litigations, serving as court commissioners, or bringing matters before forums like the National Green Tribunal. This heightened social responsibility is not new—lawyers have historically led battles for freedom and human rights worldwide—but it is heartening to see the Indian legal community continue this tradition with renewed vigour and adaptability.

    The progress of the legal profession in India is commendable, especially considering the complexity of our multi-religious, multicultural society. The legal community has shown an impressive ability to adapt, turning challenges into opportunities. Advancements such as digitally indexed Supreme Court judgments and QR codes on Delhi High Court rulings, while seemingly small, collectively mark a significant transformation in making the profession more efficient, accountable, and responsible. The evolution of India’s legal fraternity, driven by technological adaptation, environmental awareness, and a commitment to social justice, is inspiring and reflects the resilience of the community in upholding core values in a rapidly changing world.

    Given the wide range of portfolios that you manage. How do you see keeping yourself motivated, keeping others around you motivated and keeping the positive environment going as you were talking about?

    I have an intellectual drive within me that pushes me to constantly challenge myself and pursue new opportunities, whether in personal growth, financial decisions, my child’s education, or my legal practice. This mindset has shaped my professional journey, where I’ve continually sought to expand into new practice areas and learn something different. Over time, this curiosity has helped me, and my firm evolve into a multi-faceted legal practice, combining both interdependent and independent areas. For example, clients from the healthcare sector may start with litigation services but eventually need help with regulatory matters like medical device registration or navigating the complexities of drug pricing under the Drug Price Control Order (DPCO). This has allowed us to diversify and grow while developing unique expertise in each area.

    Adaptability has been key to my journey. Early on, I worked in corporate law, handling tasks like drafting resolutions and conducting due diligence. While important, I found these tasks lacked the creativity I wanted. To stay engaged, I started taking on litigation work, eventually branching out into areas like white-collar crimes and insolvency under the IBC. The constant changes in law, like updates to the Companies Act and the introduction of the IBC, kept me learning. Our firm has always embraced new challenges, which has helped us build a diverse and exciting portfolio of work, which has kept our work dynamic and exciting.

    What keeps me going is the constant opportunity to learn. In law, no one can claim to be a master; we’re all lifelong students. I embrace this mindset, viewing every challenge as a chance to grow. This approach has not only shaped my career but also the ethos of our firm. The pursuit of intellectual curiosity and a willingness to adapt have been the foundations of my journey, helping me expand into diverse practice areas and maintain passion for my work. As a student of law, I remain committed to learning and evolving, ensuring my journey is as dynamic as the field itself.

    Get in touch with Alishan Naqvee –

  • “Treat every task with utmost respect and diligence. Embrace new challenges and venture into unfamiliar legal domains, as this exposure expands both your legal knowledge and general awareness.” – Nikita Misra, Partner at Alpha Partners Dubai & Founder of Nicknanimous Consultants

    “Treat every task with utmost respect and diligence. Embrace new challenges and venture into unfamiliar legal domains, as this exposure expands both your legal knowledge and general awareness.” – Nikita Misra, Partner at Alpha Partners Dubai & Founder of Nicknanimous Consultants

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

    Could you share with us what inspired you to pursue a career in law, and how did your journey begin back in 2008 in Delhi to your current role?

    I am the first born lawyer in my family. However, I feel my grandfather and my father could have been great lawyers themselves. They had sharp acumen and while growing up I saw them discuss a lot of legal issues at home and I was enthralled by how laws, policies, and regulations shaped the world around me.

    By the time I finished school, my mind was made up. The only question was what breed of lawyer I’d become. With India’s economy taking flight, corporate law stood out as the frontier practice – this new engine of business and innovation. I have worked in some renowned law firms like Indus, Mine & Young and worked on some good transactions. I have also worked in a startup as a legal manager which further helped me hone my skills as a lawyer and deeper understanding of the challenges faced by startups.  Actually this has helped me fit perfectly into the environment of an in-house Legal Counsel for a big company in India, which has been a great experience for me personally. Post my move to Dubai in 2018, it was a slow start to start my career, it was kind of a restart. However, I was lucky to get a job here and started  working as a corporate consultant for a firm which was more focused  on litigation and arbitration matters. Thereafter, I got this amazing opportunity to head and build an Indian based law firm in Dubai and since then I have managed  to work on various corporate matters  and dive deeper into the corporate legal world in the UAE. It is with this opportunity that I was able to create network and build relations and eventually led to starting my own consultancy firm in Tashkent, Uzbekistan where I have been working on a big litigation matter and also consult investors/business locally and even those looking at CIS as a territory to expand their business beyond UAE/India

    During your time at Indus Law Associate and Mine & Young, what were some of the key transactions that shaped your understanding of corporate law?

    When I first joined Indus Law, a boutique firm punching well above its weight, I had no idea I was opening a gateway to the global marketplace. Despite its modest size, the firm’s client roster read a few multinational corporations, so right out of the gates, I was dealing with cross-border transactions. During my time at Indus Law, I worked on a lot of JVs and takeovers  by International companies of Indian companies and vice versa, and I vividly remember the adrenaline-fueled all-nighters, the painstaking combing through contracts with fine-tooth cares – all amidst a whirlwind of takeovers, mergers and acquisitions. Those years were quite draining yet undeniably exciting. I made countless mistakes, learned on the fly, and had my conventional thinking upended daily. But I wouldn’t trade that experience for anything. It allowed me to get an insight and exposure to the globalized marketplace before age 30. 

    Which made my transition to a real estate law firm Mine & Young. After operating at startup speeds, I was now joining a firm which was one of the pioneers in real estate law.  From high speed transactions I was now dealing with slow paced but high end and exclusive luxury property matters. Yet this seeming 180-degree pivot helped me develop an entirely new mastery that perfectly complemented my prior style and a whole new world unlocked. But it was in bridging those extremes where I found my greatest advantage as a lawyer.  Constantly stretching between these dual disciplines was grueling, but also tremendously rewarding.

    What motivated you to start Nicknanimous Consultants, and how has your experience been in balancing your role as a corporate lawyer in Dubai while managing your consultancy firm in Tashkent?

    Well I had been visiting Tashkent regularly as my mother was working there.

    And each time I visited the place and met the locals, I realized that the country had  a lot of potential for growth. I quickly understood that any business that would enter Uzbekistan now, has the potential of holding a larger share of the market and expanding its business further into other CIS countries. Uzbekistan in the last recent years has been very welcoming to foreign investments and new FDI policies have been formed which are more investment friendly. Thus motivated me to start my own Consultancy through my own networks and relationships. I can help any business looking to expand, or explore Uzbekistan as a market and provide a complete end to end solution to set up their businesses there and at the same time giving local businesses an opportunity to explore UAE or India as a market. 

    I feel both the roles are interlinked. As a corporate lawyer, my role is intrinsically linked with understanding the nuances of my clients’ businesses. By working closely with clients, I gain deep insight into the challenges and opportunities they face. This allows me to not only provide legal counsel, but also connect the dots and advise on potential business strategies. My ability to understand the client’s business landscape puts me in a unique position to facilitate connections with potential investors or partners that could aid in their growth and expansion plans. Rather than merely offering legal services, I strive to be a comprehensive advisor – leveraging my network and business acumen to unlock new avenues for my clients’ success beyond just the legal realm. This synergistic approach provides comprehensive value that transcends traditional legal counsel.

    Moving to Dubai in 2018 marked a significant transition in your career. What were some of the biggest challenges you faced, and Can you elaborate on the unique legal and business landscape in the UAE, especially how it differs from your experiences in India?

    Yes I faced a significant transition when I began practicing as a corporate lawyer in the UAE back in 2018. At that time, the commercial laws were not as investor-friendly, and there were fewer SMEs entering the market compared to today’s booming ecosystem. However, I  recognized that this marked the beginning of a new era, and I think I am fortunate to witness and adapt to this transition and growth in the country. One advantage I feel is that if a corporate lawyer has substantial exposure and transactional experience from practicing in India, which has undergone its own boom, it becomes much easier to establish a practice in the UAE now. This is because free zones, especially like ADGM, and some of the UAE corporate laws,have closely adapted common law systems in recent years, aligning with the legal frameworks familiar to lawyers from common law jurisdictions like India.

    The primary challenge I think is the need to consistently stay updated on the rapidly evolving legal landscape in the UAE. As the country progresses at a rapid pace, new rules, regulations, and bye-laws are introduced frequently. Corporate lawyers must remain vigilant and continuously educate themselves to provide accurate counsel aligned with the latest legal developments. Overall, the opportunities are available for corporate lawyers in the UAE’s flourishing business environment, provided they can navigate the dynamic regulatory changes and leverage their prior exposure to common law practices.

    Aside from your professional life, you also hold a diploma in Interior Design. How do you balance your personal interests with your demanding career, and does this creative side influence your work as a lawyer?

    As a child, I was captivated by well-designed spaces and distinctive architectural styles from various eras and places. Whenever I traveled, I eagerly anticipated witnessing different architectural marvels that would fuel my fascination with interiors and design.

    When the COVID-19 pandemic brought the world to a standstill, I seized the opportunity to explore my artistic side. I decided to formally study interior design, finally indulging my long standing passion.

    I think in the legal field, creativity manifests itself in structuring intricate transactions, drafting contracts for innovative business models, and formulating strategies to navigate complex legal battles. While I agree law is firmly rooted in theory and research, the application of legal knowledge demands innovation and creative problem-solving abilities.

    It is my dream to ultimately transition into the interior design industry as a second career after 50 years of age, following my tenure as a lawyer, leveraging the design skills I’ve cultivated alongside my legal training.

    Nurturing personal creative outlets alongside one’s primary vocation is essential for a fulfilling life. My journey exemplifies how diverse interests can coexist, potentially converging into enriching experiences that span both professional and personal realms.

    I hope my story inspires others to explore their unique combinations of passions and professions.

    With over 12 years of experience, what advice would you give to young lawyers who aspire to have a versatile and dynamic career like yours?

    The fundamental lesson is that hard work and diligence invariably pay off, regardless of the nature of the task at hand. One should never underestimate the value of any given work assignment, as those skills may prove invaluable at a later stage in life or career.

    I vividly recall my time at Rainmaker, which presented a vastly different work experience that required a strong emphasis on client relationship building. At that juncture, I naively perceived this as a waste of time, believing I should focus solely on expanding my legal knowledge. However, in retrospect, those very skills in client relations that I honed during those days have become invaluable assets nearly a decade later.

    Fresh out of law school, many of us aspire to become partners at firms or establish our own practices, without realizing the multitude of skills required beyond legal expertise to build and sustain a successful practice. Client relationships, business acumen, and interpersonal skills are equally crucial.

    To young lawyers, I would advise treating every task with utmost respect and diligence. Embrace new challenges by venturing into unfamiliar legal domains, as this exposure expands both your legal knowledge and general awareness. Staying updated, maintaining an inquisitive mindset, conducting thorough research, and continuously acquiring new skills are imperative.

    Networking is crucial in the legal field. How have you built and maintained your professional relationships across different countries, and how has this network benefited your clients?

    Networking is a critical foundation for any entrepreneur or professional looking to create their mark, including in the legal field. It  begins by actively attending and participating in industry events, staying updated on developments, being part of relevant forums,and most importantly, taking the initiative to proactively engage with others. Through years of my working experience, I’ve realized that many individuals, including lawyers, hesitate to approach and converse with new people at networking events due to shyness or apprehension. However, I must say that the UAE’s business landscape, which heavily relies on networking, offers a welcoming environment that helps newcomers overcome this hesitation. Additionally, being well-versed in one’s subject matter is crucial to maintain others’ attention and establish initial trust. 

    Even though visibility is paramount in the initial stages, over time, the quality of one’s work and the ability to maintain strong client relationships become the driving forces behind success and growth. In my case, referrals and the network I’ve built by meeting lawyers in the UAE, Uzbekistan, and India have been invaluable in expanding my reach and clientele. Effective networking involves a combination of active participation, subject matter expertise, visibility, consistent high-quality work, and nurturing professional relationships. Basically it’s an ongoing process that requires persistence, confidence, and a genuine interest in connecting with others in the industry. 

    Working across various jurisdictions, from India to UAE and Uzbekistan, what are some of the key legal and cultural differences you’ve encountered, and how have they influenced your approach to legal practice?

    Each new territory has its own fresh challenges – different legal codes, cultural norms, business practices. 

    The UAE has a dual system comprising both Civil and Sharia Laws. However, in recent years, The free zones, especially the ADGM Courts, have directly applied English common law principles in matters brought before them. This development is advantageous for Indian lawyers who are familiar with the common law system.Additionally, many new corporate laws in the UAE mirror common law principles, making it easier for Indian lawyers to practice in the region. The familiarity with the legal framework streamlines their ability to navigate the UAE’s legal landscape.

    On the other hand, Uzbekistan follows a civil law system, which differs significantly from the common law tradition prevalent in India. Despite both the UAE and Uzbekistan being Islamic nations, Uzbekistan’s legal system, local laws, and traditions are markedly influenced by its Soviet heritage, setting it apart from the UAE’s legal landscape.This contrast between the UAE’s increasing alignment with common law principles and Uzbekistan’s civil law system rooted in its Soviet past presents an interesting dynamic. It highlights the need for legal professionals to adapt their expertise and understanding to the nuances of each jurisdiction’s distinct legal traditions and influences.Navigating these varied legal systems requires a deep appreciation for the underlying principles, cultural contexts, and historical factors that have shaped their evolution.  Even though all the three nations’ legal systems are very different from each other,  yet that has  become the thrill of the chase for me. Cracking the legal DNA of each new environment, then skillfully integrating it into transactions is exciting for me.

    Your experience with startups is extensive. What common legal challenges do startups face, especially outside India, and how do you help them navigate these issues?

    One of the most prevalent mistakes observed among startups is the tendency to neglect or overlook the importance of legally sound agreements, particularly during the seed funding round involving investments from family and friends. Failing to seek proper legal advice on structuring these investments can lead to complicated arrangements that deter future investors until the structure is properly rectified, thereby delaying business progress. It is crucial for startups to seek legal counsel before entering into any investment arrangements to ensure seamless operations.

    For startups entering the UAE market, a common challenge is the lack of understanding regarding the appropriate business license to obtain based on their specific business activities. Many startups, unaware of the local laws, are often misguided when comparing the legal environment to their home countries or other jurisdictions they are familiar with.

    This is where we, Alpha Partners, can play a pivotal role in guiding startups through the process of navigating and selecting the correct business structure that aligns with their objectives while adhering to legal restrictions. Comprehensive legal assistance is essential not only during the initial setup phase but also for ongoing support with general corporate commercial agreements and transactions post-establishment.

    By addressing these challenges through timely legal guidance, startups can avoid costly missteps, ensure compliance, and establish a solid foundation for growth and attracting future investments. We at Alpha Partners, play a critical role in helping startups navigate the complexities of the UAE’s legal landscape and structuring their business operations for long-term success.

    Get in touch with Nikita Misra-

  • “In law, Precision is power. Precision in understanding the law, articulating arguments, and drafting documents defines the quality of a lawyer. Immersing oneself in the field and staying ahead is key for aspiring legal professionals.” – Prachi Dave, Managing Partner of Dhaval Vussonji & Associates

    “In law, Precision is power. Precision in understanding the law, articulating arguments, and drafting documents defines the quality of a lawyer. Immersing oneself in the field and staying ahead is key for aspiring legal professionals.” – Prachi Dave, Managing Partner of Dhaval Vussonji & Associates

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

    Can you take us on a journey from your college days to your current position as the Managing Partner at Dhaval Vussonji & Associates? What were the pivotal moments or experiences that shaped your professional trajectory?

    Embarking on my legal career, I pivoted from a potential future in medicine to law at Government Law College, devoid of campus life but rich in opportunities. My journey began with an internship at Kanga & Co., where I was drawn to the practical aspects of law, a contrast to academic theories. This internship transitioned into a clerkship, offering me invaluable mentorship from firm partners. My stint at the National Stock Exchange revealed that my true calling wasn’t in-house but in the legal field.

    Joining Dhaval Vussonji & Associates during its burgeoning phase was a pivotal moment in my career. It was a leap into the unknown, a challenge I embraced wholeheartedly. This decision not only allowed me to grow professionally but also to contribute significantly to the firm’s expansion and success.

    Your career spans various sectors, from banking and finance to real estate and capital markets. What initially drew you to such a diverse legal landscape, and how do you find balance in managing these different areas of expertise?

    My foray into the diverse legal landscape of banking, finance, real estate, and capital markets was not a deliberate choice as it was a natural progression shaped by curiosity, client trust, and the interconnectedness of these sectors.

    Initially, my involvement in one practice area organically led to opportunities in adjoining fields. Clients, satisfied with our work in a specific domain, entrusted us with their legal needs in related areas. This expansion was less about a strategic plan and more about the evolution of client relationships and the recognition of our firm’s expertise.

    My fascination with challenges and a constant thirst for knowledge have been the driving forces in my journey through these sectors. Understanding securities markets from a regulator’s perspective, and then applying that insight as an advisor, provided a unique vantage point. The legal nuances of finance and securities, once alien, gradually became my comfort zone, thanks to the dynamic environment and expertise of my colleagues.

    When I transitioned into real estate law, I didn’t just see it as a new field to conquer.  Instead, I viewed it through the lens of my previous experience, blending the knowledge of real estate dynamics with the intricacies of funding and financial regulations. This approach allowed me to appreciate the laws not just as rules to be followed but as frameworks designed to protect certain values and objectives.

    This holistic understanding has been crucial in managing these different areas of expertise.  By recognizing the interplay between various sectors, I’ve been able to adopt a unique approach to legislation and practice. It is about seeing the big picture – how a decision in capital markets affects real estate development, or how financial regulations influence banking operations.

    Congratulations on Dhaval Vussonji & Associates being recognized as a “Recommended Firm – 2023” by ILFR (International Financial Law Review). What does this prestigious recognition mean for the firm, and how does it reflect the team’s dedication and expertise in the financial and corporate legal landscape?

    Thank you. IFLR has been renowned for its discerning analysis and recognition of legal expertise in the financial realm and sets a high benchmark for law firms around the globe.  Being acknowledged by such a prestigious platform is not just an honour; it’s a confirmation of our firm’s standing in the legal community. This accolade is especially meaningful to me, as a professional deeply embedded in the financial law sector. It further intensifies the significance of our work and the impact we have made in this field.

    For Dhaval Vussonji & Associates, this recognition is a reflection of the caliber of matters we handle and the substantial volumes of each case we undertake. It validates the depth of our expertise, our strategic approach to complex legal challenges, and our unwavering commitment to our clients. It is an acknowledgement of the collective effort and dedication of our entire team, whose expertise and hard work have been instrumental in achieving this level of recognition.

    In addition to your legal pursuits, you’ve been involved in advising Shapoorji Pallonji on power projects in Africa. What unique challenges and opportunities did this present, and how did you navigate them?

    Advising Shapoorji Pallonji on power projects in Africa presented a unique set of challenges and opportunities, reflective of the continent’s dynamic and evolving energy sector.

    One of the primary challenges in African power projects is dealing with regulatory complexities. Each country has its distinct set of laws and regulations governing the energy sector, which often includes navigating bureaucratic hurdles and ensuring compliance with local and international standards. To address this, our approach involved thorough research and collaboration with local experts to ensure a comprehensive understanding of the regulatory landscape.

    Another significant challenge is the infrastructure deficit. Many African countries are in the process of developing their power infrastructure, which can lead to logistical challenges in project execution. Our strategy here was to work closely with local stakeholders,

    including government bodies, to understand and anticipate infrastructural limitations, and devise practical solutions.

    Financing is another critical aspect. The African power sector, particularly in renewable energy, requires substantial investment. We focused on creating sustainable financial models, identifying potential investors, and facilitating partnerships that align with the project’s financial needs and objectives.

    Additionally, the socio-economic context in Africa cannot be overlooked. It’s crucial to ensure that power projects contribute positively to local communities. Our involvement extended to ensuring that projects were not only commercially viable but also socially responsible, aligning with local needs and contributing to community development. 

    The opportunity to work on these projects was not only professionally enriching but also personally rewarding.

    Your expertise extends to insolvency resolution, including notable cases like Binani Cements. Can you share a challenging experience from this area of practice and how it shaped your professional growth?

    The Binani Cement insolvency case was indeed a landmark in my career. It was riddled with complexities, not just in the sheer volume of the debt involved but also in the multifaceted legal challenges that came with it. Juggling the interests of various stakeholders and adhering to the stringent timelines of the Insolvency and Bankruptcy Code (IBC) was a test of endurance and skill. This case honed my abilities to navigate through a high-pressure environment and underscored the importance of innovative legal solutions.  It was a vivid reminder that the law is not just about theories from textbooks; it is a living, breathing entity that often requires a blend of strategic acumen and legal expertise.

    Congratulations on being named one of ALB Asia’s “40 Under 40” in 2022! How does this recognition impact your approach to leadership and the legal projects you undertake?

    Being named in ALB Asia’s “40 Under 40” is an honour that extends beyond personal recognition; it signifies a broader commitment to leadership and excellence in the legal field. This recognition has profoundly impacted my approach to leadership and the management of legal projects within our firm.

    One of my core beliefs is that a true leader’s role is to cultivate new leaders. This accolade has reinforced that belief and encouraged me to continue focusing on mentoring and nurturing the talent within our firm. I firmly believe that by staying focused and striving for excellence, rewards and recognition will naturally follow. It is about setting a standard, leading by example, and inspiring others to reach their full potential.

    The recognition as one of Asia’s “40 Under 40” has instilled in me a greater sense of responsibility. It is a reminder that our actions and decisions can influence the trajectory of our firm and the careers of those we mentor. This has led to a more conscious approach towards leadership – one that values the development of individual capabilities and fosters a culture where everyone is encouraged to contribute their best.

    Your specializations include Banking and Finance, Capital Markets, Mergers and Acquisitions, and more. Is there a specific area that you find most intriguing or challenging?

    In the panorama of my legal practice, the dynamism of Capital Markets stands out. It is an arena that is both stimulating and demanding, given its constant state of flux and the intricate regulations that govern it. The thrill lies in the challenge – to demystify complex financial instruments, untangle the web of regulatory compliance, and craft strategies that not only safeguard but also advance our client’s interests.

    You’ve witnessed significant changes in the legal landscape over the years. How do you see the evolution of the legal industry, especially in areas like real estate, banking, and capital markets?

    The legal sector, particularly in banking, real estate, and capital markets, has seen significant shifts driven by recent regulatory changes. The real estate sector has been transformed by the Real Estate (Regulation and Development) Act (RERA), which brought in a new era of transparency and accountability. In banking, recent amendments to the Prevention of Money Laundering Act (PMLA) and the Reserve Bank of India’s (RBI) stringent norms on non-performing assets (NPAs) have reshaped the legal framework, focusing on stronger compliance and risk management. In capital markets, the Securities and Exchange Board of India (SEBI) has been instrumental in implementing regulations to bolster investor protection and market integrity, including enhanced disclosure requirements and corporate governance standards. These developments have required legal professionals to adapt rapidly, specializing in the nuances of each sector to provide effective legal solutions.

    As someone deeply involved in insolvency matters, what changes or improvements would you like to see in the current legal framework to make insolvency resolution processes more effective and efficient?

    In India’s insolvency sphere, key enhancements are needed to boost the Insolvency and Bankruptcy Code’s (IBC) efficacy. This includes enforcing stricter adherence to resolution timelines to avoid delays, clarifying the hierarchy of creditors’ claims to reduce litigation, and augmenting the infrastructure and manpower of the NCLT and NCLAT to handle cases more efficiently. Additionally, incorporating cross-border insolvency norms and

    streamlining the resolution plan approval process would further enhance the system’s effectiveness. Addressing these aspects would lead to more efficient insolvency resolutions, benefiting creditors and the economy at large.

    When you’re not in the midst of legal matters, how do you unwind and recharge? Any hobbies or activities that you turn to for relaxation?

    When stepping away from legal duties, I recharge by spending quality time with my family and indulging in reading, which provides a peaceful escape. My commitment to social work grounds me, reminding me of the broader societal impact of our actions. Additionally, as an avid sportswoman, I engage in health and wellness activities within the community, which rejuvenates me and maintains my balanced lifestyle. These pursuits offer both relaxation and a sense of fulfillment beyond my professional life.

    In your journey as a legal professional, what is one piece of advice you received early in your career that has stayed with you and proven invaluable? Additionally, what advice would you like to give to the upcoming generation who wants to excel in this legal field?

    Early in my career, I was told, “In law, precision is power.” This has been the cornerstone of my practice. Precision in understanding the law, articulating arguments, and drafting documents defines the quality of a lawyer. To those aspiring to make their mark, I would say, immerse yourself in the field, stay abreast of the changes, and always think a few steps ahead. Law is as much about anticipation as it is about knowledge.

    Get in touch with Prachi Dave-

  • From a small team to a nationwide presence, discover the unwavering dedication that fueled RKP’s growth. Explore the challenges, cultural nuances, and business acumen required to seamlessly balance legal prowess with board advisory responsibilities for global entities – Ranjan Kumar Pandey, Managing Partner, RKP & Associates

    From a small team to a nationwide presence, discover the unwavering dedication that fueled RKP’s growth. Explore the challenges, cultural nuances, and business acumen required to seamlessly balance legal prowess with board advisory responsibilities for global entities – Ranjan Kumar Pandey, Managing Partner, RKP & Associates

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

    Managing Partner of RKP & Associates since 2000! What inspired you to establish your own firm, and how has the journey been so far? Any memorable milestones you’d like to share?  

    The journey of my legal career started way back in 1997. Fortunately, I was exposed to the intricacies of legal practice and court craftsmanship at a very early stage, and this generated the confidence in me to go all out by 2000. Being an astute observer, I had realised during my initial days of lawyership that this field offers limitless opportunities if you are ready to dedicate yourself. The thought of establishing RKP emanated from my passion towards law and the drive to serve the clients in a more comfortable environment. To be very honest, the initial days of RKP were quite a challenge – tougher than I had envisaged, but like I said your dedication and hard work will always be rewarded. I had started with a very small team, and have gradually expanded not only in my core area of practice, but also in the corporate and M&A arena. It is also heartening to see that my clients have reposed a great extent of faith in me  all these years which keep me motivated to harness myself even at this stage.  One of the prominent milestones for RKP, I would say, was making our presence in important cities of the country through associate offices. We are looking forward to having our physical offices in all the metro cities and that would be our next milestone.

    Apart from the courtroom, you are associated with the Board Advisory Panel of Cerracap Ventures, USA, and A&S Pharma, UK. How do you balance your legal practice with advisory roles for international companies, and what unique challenges does this bring? 

    It is true that advisory roles are quite challenging because the stakes involved in such roles are quite high. At the same time, not only your legal acumen but business acumen are also tested. Having seen the commercial disputes of corporate houses for a long period of time, I have developed an understanding of the issues these corporate houses face. I use this understanding to mark my contribution in the advisory roles. Another interesting aspect of the advisory role is the difference in culture and working style of the corporates vis-à-vis the workings of litigators. While as a litigator, you have to take quite a stringent approach, this approach has to be adjusted and become more pragmatic when it comes to advisory. Nevertheless, international exposure has given me a broader perspective to understand things and work towards them from a higher horizon.

    You’ve been a part of various legal forums, including the Hon’ble Supreme Court of India and National Company Law Tribunal. Can you share a courtroom story or an incident that left a lasting impression on you?          

    The courtroom experiences have been quite important to understand the intricacies of litigation practice. Court craft is something which can be learnt only by making appearances before the Courts. I will narrate a story which will give you an insight as to how the Bench needs to be convinced persistently with your arguments. During my initial days of career, I was representing a person who had filed a Public Interest Litigation before the Supreme Court. The Bench was of the clear view that the petition was more for a publicity stunt rather than for a cause. Even before I could present my case, I I was stormed with questions by the Bench. At that moment I realised that it is not only the legal grounds on which you present your case, are important but also as to how you present these grounds before the Courts. Over the period of time I have realised that it is equally important to strategize as to where you start your case from so as to make that first impact. Once the Bench starts hearing you and opens the case file, you get that extra moment to make the next strongest point of your case and that’s how you take the Bench to the relevant page of your case and draw a full audience from the Bench.  

    As an advocate-on-record, you’ve seen the legal landscape evolve. What changes in the legal field do you find most interesting or challenging today? 

    Well the most interesting development in the legal system is the collegium system. Without commenting on it against the collegium system, the challenging aspect is time constraints with the court and high volume of cases. So when the case is taken up, the lawyers have to make that impact in the few seconds that they get. Also, the virtual courtroom system has also eased off the travelling pressure for the lawyers, especially the lawyers who have multi-forum practice.

    Lawyers often have interesting stories about what happens behind the scenes. Can you share a humorous or unexpected moment from your experience in the legal realm that still brings a smile to your face?    

    This is not my story but I was present in the courtroom when it happened. A junior lawyer was probably making his first appearance. While starting his case he confidently submitted to the judge that he was appearing for the petitioner while in fact he was representing the respondent. In this confusion he started arguing against his own case – after a short while when he realised that he has messed up, he simply concluded his remarks by arguing that all the grounds he just made are the grounds which may be taken by the other side, and now he would rebut all these arguments one by one. It was quite hilarious but at the same time, he ought to have been given the credit for flipping his side in no time with his witty conclusion.

    We’ve heard you’re quite the reader. If you were to recommend a book that isn’t related to law but impacted your perspective, what would it be, and why?

    Well, being an advocate, reading becomes a compulsion initially which subsequently graduates into a habit. This habit allows you to take inspiration from different parts of the world through books. I personally believe that good books can shape up your life. One book that I always recommend to young professionals is “Ikigai: The Japanese Secret to a Long and Happy Life” authored by “Héctor García and Francesc Miralles”. This book motivates you to put yourself into work to lead a happy and healthy life. I see these days that young professionals do not indulge in reading books, rather they rely much more on social media content. My take on this is that nothing could replace books.

    When you’re not immersed in legal matters, how do you unwind? Any hobbies or activities you turn to for relaxation? 

    Being the senior lawyer in the Firm, I hardly get time to unwind myself. But whenever I can spare some time, I love to travel. I have travelled to different parts of the world in the last decade. It opens up your mind and gives you a broader horizon to understand people and their culture. 

    Your expertise extends to providing legal advisory on Mergers & Acquisitions and foreign direct investment. If you could give one piece of advice to young lawyers entering this field, what would it be?

    Laws around M&A and FDI are quite complex and dynamic which keep evolving as per the industry requirements. Any young lawyer intending to take up these practices must be thorough not only with the legal provisions but also with the market development. M&A requires a lot of understanding of the business of companies and the idea behind the transactions. Lot depends upon what kind of exposure you have got because every transaction has unique requirements and understanding those requirements enable you to deep dive into the detailing around it.  Having said that, M&A is one of the most interesting and universal practices. People who have keenness of indulging in comprehensive legal documentation and finding innovative legal solutions must try their hand in this practice.

    Get in touch with Ranjan Kumar Pandey-