This interview has been published by Namrata Singh and The SuperLawyer Team
Mr. Singh, can you please share with us how you began your career in corporate and commercial law and the journey that led you to become a partner at UKCA & Partners LLP? Please allow us to walk you through your journey from choosing law as a career to being a partner.
I have had a delightful journey to read law and an arduous hike in my career until I made Partner at UKCA and Partners LLP. My dream to become a lawyer started in school when my teacher advised me to study political science to become a good lawyer.
In 1999, I embarked on a five-year integrated BA LLB (Hons) course. My professor, who taught me contract and company laws, highlighted the importance of and encouraged me to take up commercial and corporate law practice in Delhi. This set the course for my choices in law.
Post-graduation, I had the opportunity to practice under the mentorship of Dr. U.K. Chaudhary, Senior Advocate and founder of UKCA. Initially, I had to work hard to understand the jargon of commercial and corporate laws. With sincerity and hard work to cope with the pressure and deadlines, I learned the ropes.
As a mentor and guide to young lawyers, what specific qualities do you believe are essential for a successful career in law, and how do you nurture these qualities in your mentees?
One of the most rewarding aspects of my journey is the opportunity to guide and mentor many junior lawyers, helping them navigate the complexities of the legal field and develop their organizational skills. I am particularly drawn to the potential and dynamism of young lawyers. The key qualities for a successful legal career, as I have learned, includes a profound understanding of case facts, the ability to draft and interpret legal provisions, and the skill to construct a robust case or defence. As a mentor and guide, I engage young lawyers in reading the case files multiple times until the facts become second nature to them. When they come to brief me on the facts, I often find that they need to read the case file more thoroughly. This is when I read along with them, ensuring they understand the facts. I then guide them in applying the facts to the legal issues, navigating the various aspects of legal intricacy involved in the case. I also lead them in extensive legal research using all modes of study related to the case. Once they have a clear understanding of the law involved in the case, they are confident enough to draft the pleadings and present them to the court. I also strongly encourage them to present the case before the Hon’ble Judges of various courts in India, fostering their confidence and skills and supporting their growth as legal professionals. My mentees remember me and continue to call me for any legal issues. Several of them started their own law firms, and while a few are working in-house, most are working with law firms pan-India. This is a testament to the growth potential in the legal profession and the bright future that awaits them.
You have represented clients in some high-profile arbitration cases, including one of the biggest challenges in India. Could you tell us about the complexities and learnings from handling such significant cases?
During my tenure at UKCA, I successfully managed a wide array of high-profile arbitrations. These cases spanned diverse sectors such as construction, investment, subscription, defence, hotels, malls, papers, and more. This breadth of experience showcases my ability to adapt and handle complex cases across various industries.
The MS Shoes East Limited case, a pivotal arbitration matter, was a significant milestone in my career. It involved complex laws relating to an undersubscribed Initial Public Offering (IPO). I represented over 100 underwriters who played a crucial role in MS Shoes’ IPO subscription.
While handling MS Shoes Arbitration, I honed my skills further in SEBI law and regulations, circulars, and notifications, mainly relating to IPOs. I also learnt the art of negotiating and dispute resolution strategies with the opposite party to bring them to the negotiation table. I have also learnt to handle pressure and the volume of documents involved in arbitration proceedings.
Arbitration is a key part of your practice. How do you see the role of arbitration evolving in the Indian legal landscape, and what advice would you give to young lawyers interested in this field?
Arbitration, an efficient alternative to the routine court judicial process, is immensely significant in swiftly resolving disputes between parties relating to civil, commercial, construction, investment, etc.
Amendments made in 2015 and 2019 to the Arbitration and Conciliation Act of 1996 paved the way for the evolution of arbitration in the Indian legal landscape, making it more efficient, transparent, and time-bound to complete. Additionally, India has aligned its legal framework with global best practices, so foreign investors have shown increasing trust in the Indian arbitration system.
The evolution of arbitration in India is not just about legal changes. It’s also about embracing technology. The COVID-19 pandemic, while disruptive, has been a blessing in disguise, accelerating the use of technology in arbitration and enabling arbitrators and parties to conduct proceedings from anywhere in the world. Further, the establishment of two institutional arbitration centres, the Mumbai Centre for International Arbitration (MCIA) and the Delhi International Arbitration Centre (DIAC), has led to a shift from traditional ad-hoc arbitration to these centres.
I would like to advise young lawyers who want to practice arbitration to look for a trainee or associate position with a law firm that practices arbitration. They should inculcate the habit of extensive research and documentation, practice legal writing skills, and be well-versed in communication skills.
You’ve advised clients on antitrust investigations concerning price-fixing and bid-rigging. Can you share an example of a particularly challenging case and the strategies you employed to address it?
The challenges that I encountered while advising the clients on antitrust investigations concerning price-fixing and bid-rigging are the mere allegations based upon circumstantial evidence such as proxy bidders, identical bids, communication patterns, and also frequent communications between bidders can be misinterpreted as collusion. Further, even the IP addresses and call detail records can be technical and challenging to dispute, and sharing price information, even if it’s publicly available, can be misconstrued if it appears to affect market competition. Furthermore, legitimate parallel pricing behaviours can be mistaken for collusion, requiring detailed justification.
I advise industries to keep comprehensive and transparent documentation of bidding and pricing activities and establish and enforce internal policies to prevent anti-competitive behaviour. Providing robust evidence of independent business justifications for bids and prices and constantly monitoring and archiving communications to ensure they comply with competition laws are all important.
However, it’s equally crucial to understand the compliance requirements. This knowledge gives you control over your actions and ensures you are always on the right side of the law. Engaging legal and digital forensic experts to counter circumstantial evidence, cooperating with the investigating authority, and proactively addressing potential concerns are all part of a comprehensive strategy.
As an Alternate Chairperson and Local Commissioner appointed by the court, what responsibilities do these roles entail, and how do they complement your work at UKCA & Partners LLP?
In 2010, the Hon’ble Delhi High Court appointed me as an alternate Chairperson in a Court-convened meeting in a merger case. My role was to oversee the court-convened meeting, including following the agenda, ensuring adherence to procedural requirements as per the Companies Act, 1956, and maintaining minutes of the proceedings. I also ensured that votes and resolutions relating to the merger were thoroughly documented, conducted voting on resolutions, and ensured that resolutions were passed with due legal compliance. After the meeting, I meticulously prepared a comprehensive report detailing the proceedings and the resolutions passed and submitted it before the Hon’ble Court.
Again, in 2009, the Hon’ble DRT-II, Delhi, appointed me as a local commissioner to recover a hydraulic excavator from Barabanki, Uttar Pradesh. My role was to strategize a plan with the banker to locate where the excavator was stationed. After it was located, I visited the place and engaged local police with some personal security guards to maintain law and order, remembering that I had to recover the excavator from the road builder from the highway construction site. I managed to recover the excavator and parked it in the stockyard after preparing a list of inventories with the banker, preparing a detailed report, and submitting it before the Hon’ble DRT.
Acting as an Alternate Chairperson and local commissioner, I gained invaluable knowledge and skills, such as strategic decision-making, leadership, and procedural expertise, which I now apply in my regular practice. I also share my experience with my colleagues and associates, complementing the firm’s work. The experience and skills I acquire enhance my professional growth and our firm’s reputation and improve client satisfaction through better advisory and representation.
Given your experience in domestic and international arbitration, how do you navigate the differences in legal systems and practices across borders, and what challenges have you encountered?
Understanding the legal systems and practices in different jurisdictions is critical to effective arbitration. It ensures you are well-informed and prepared for any new legal developments impacting your arbitration proceedings. Thorough research on how similar disputes have been handled in different jurisdictions is essential. Mastering these differences necessitates clear communication, which is a fundamental aspect and the cornerstone of fair arbitration.
I have faced these challenges while enforcing arbitral awards in China, which presents challenges through various legal, procedural, and practical considerations. Chinese courts have the power to review foreign arbitral awards. Local protectionism can play a role, especially if the award is against a regional party with significant influence or importance in the region. Local courts may be reluctant to enforce awards against local companies. While China is a signatory to the New York Convention, recognising and enforcing awards from certain foreign arbitral institutions may encounter resistance. Further, locating and seizing assets in China is another significant challenge due to the lack of transparency and the ability of debtors to hide or rapidly transfer assets.
Continuous learning and adaptability are beneficial and essential in international arbitration. By embracing these strategies and anticipating challenges, arbitration professionals can effectively navigate the complexities of cross-border disputes.
In your journey to becoming a partner and leading your practice areas, what personal growth strategies have you found most effective, and how do you apply them in your daily life?
Continuous legal updates and the empowering ability to make firm decisions were the most effective strategies that contributed to my personal growth in becoming a partner and leading my practice areas.
I apply the strategies daily by getting up early in the morning, playing sports , meditating, and reading legal news and updates. I also engage in deep reflection on myself and areas for improvement. After that, I set my goal to accomplish the task.
When applied daily, these strategies serve as stepping stones in my journey towards becoming a partner and leading in my practice areas.
How have recent global events, such as economic shifts or geopolitical changes, influenced the legal landscape in which you operate, and how do you adapt your strategies accordingly?
Global recent events, such as the penetration of information technologies, especially after the COVID 19 pandemic, have changed the way of litigation, including courtroom appearances, hearing, and filing of cases.
Filing in Courts/ Tribunals is mandatorily being done through e-filing and digital signatures. Submissions of hard copies and paper-book are dispensed with. Court and Tribunals are connected online for hearing on both ends fitted with cameras, microphones and LCD display units. Inspection of court files are available online in the High Court of Delhi and other Tribunals. All these facilities have enabled advocates to take up cases from different jurisdiction and to appear online for hearings simultaneously for different High Courts and Tribunals.
Economic shifts have also resulted in changing the nature of cases apart from traditional civil and criminal matters. We represent parties in arbitration matters where government bodies are one of the parties. Disinvestment policies of the government and the public-private model of industries have changed the nature of disputes altogether. Now we have cases of shareholder disputes in joint-venture entities where one of the parties is a government body, e.g. Govt. of NCT of Delhi or SAIL or the Ministry of Defence. So, we are changing our strategies for litigation or arbitration accordingly.
Outside of your professional life, what hobbies or personal interests do you pursue, and how do they help you maintain a balance in your demanding career?
I enjoy swimming and playing sports. Additionally, I am dedicated to supporting my community by helping residents with their difficulties and spending quality time with friends. These activities contribute to my positive outlook and help me maintain a healthy balance alongside my demanding career.
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