Super Lawyer

Tag: ICC

  • Rahul Donde, Senior Associate, Lévy Kaufmann-Kohler on a career in International arbitration and being appointed arbitrator by ICC

    Rahul Donde, Senior Associate, Lévy Kaufmann-Kohler on a career in International arbitration and being appointed arbitrator by ICC

    Rahul Donde is an alumnus of GLC Mumbai and specializes in international commercial and investment arbitration. He acts as arbitrator, counsel, secretary, and assistant of the arbitral tribunal in international arbitration proceedings under both ad hoc (UNCITRAL, Swiss PILA, Indian Arbitration Act, 1996) and institutional arbitration rules (ICC, LCIA, ICSID, CEPANI).

    He has specific experience in disputes relating to utilities, natural resources (water, oil, gas, renewable energy) and joint venture/shareholder agreements in different jurisdictions. He has been involved in high-profile disputes arising under the NAFTA and BITs as well as under complex long-term contracts. He has specialization in energy law with focus on oil, gas and renewable energy.

    Prior to joining Lévy Kaufmann-Kohler in 2012, Rahul worked in the arbitration department of a large European firm. Before that, he was an associate for several years in the dispute resolution team of a major Indian law firm. Rahul has acted as counsel in numerous commercial disputes before arbitral tribunals and domestic courts in India and has specialized knowledge of the idiosyncrasies of dispute resolution in multiple jurisdictions.

    Rahul is the co-editor of the first-ever TDM Special on dispute resolution in India, and he is the country reporter for India for the IBA Report on Arbitrability under the New York Convention. He has been appointed to the Advisory Board of the Thailand Arbitration Center and the Center for Advanced Research in Dispute Settlement. He is a Steering Committee Member of the young arbitration practitioners groups of the Chartered Institute of Arbitrators and the Mumbai Center for International Arbitration. He is regularly invited to speak at conferences and conduct training programmes and workshops organized by UN organizations, the ICC World Business Institute, the Chartered Institute of Arbitrators, Young ICCA, the Asian Society of International Law and others. His publications cover topics of current interest in water, energy law and international arbitration

    In this interview, he talks to us about:

    • applying for LLM abroad
    • a career in international arbitration
    • being the youngest ever Indian arbitrator to be appointed by ICC

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    As I am! Bookworm, technogeek, football and swimming enthusiast.

     

    PLEASE TELL US ABOUT YOUR TIME AT GLC MUMBAI.

    I thoroughly enjoyed my time at GLC. Lectures by Prof. Pithawalla, Prof. Daswani, and many others were particularly memorable. My seniors described GLC as a “buffet” early on, and I must say that I took full advantage of that. I was a member of a number of student committees – the Moot Court Association, the Debating Society, the Law Review Committee, Rotaract Club, and others, many of which I also had the pleasure of leading. I co-founded Students for the Promotion of International Law (SPIL), the first international law association in Mumbai and helped set up GLC’s computer research center. I am very happy that GLC has moved from strength to strength over the years.

     

    YOU HAVE PURSUED A LOT OF ADDITIONAL COURSES IN CYBER LAW, ADR, ETC. WOULD YOU RECOMMEND THESE COURSES TO LAW STUDENTS?

    I strongly recommend pursuing specialized courses to law students. Pursuing such courses exposes you to the finer details of a subject, so you can be sure that you are truly interested in it (without incurring the cost of an LL.M.!). For instance, my ADR and International Trade law courses led me to conclude that my interest lies in international dispute settlement. Besides, pursuing such courses could help to get admitted to an LL.M., and for getting scholarships.

     

    WOULD YOU SAY WORK EXPERIENCE BEFORE A MASTER’S DEGREE HAS AN ADDED ADVANTAGE?

    Definitely. Work experience allows for a better appreciation of the higher level of education dispensed at the LL.M. level. It also enables you to gain more from your classes: with the help of your professors, you can test how your instruction would apply to real-world situations rather than engaging in purely theoretical discussions. Besides, some universities value work experience for admissions to LL.M. programs.

     

    WHAT WAS YOUR MOTIVATION BEHIND DOING AN LL.M. ABROAD? HOW DID YOU CHOOSE TO SPECIALIZE IS INTERNATIONAL ARBITRATION?

    I always wanted to do an LL.M. abroad. Foremost, I wanted to experience different methods of instruction than what I was exposed to at GLC. I was also keen on doing project-work rather than simply writing annual exams. The idea of sharing thoughts and experiences with fellow students across the world (it’s a big world!), was all too enticing! I’m happy to say that my LL.M. experiences far exceeded my expectations.

    As for choosing international arbitration, I’ve always been a disputes lawyer, right from my very first internship in Mumbai. As I mentioned, I took courses in ADR and international trade law, and soon realized that international dispute settlement would be the ideal field for me to merge these subjects along with my interest in public international law.

     

    WHAT WOULD BE YOUR WORD OF ADVICE TO STUDENTS LOOKING FOR A CAREER IN INTERNATIONAL ARBITRATION?

    Beware! International arbitration is a particularly unique field as it attracts students from many different disciplines. Those intending to make a career in international arbitration should be prepared to go the extra mile to stand out from their peers. As I mentioned, I recommend pursuing specialised courses in international arbitration before pursuing an LL.M. degree in the field. Also, students should think of writing on the subject too – articles, blog posts and the like. Further, students should attend arbitration conferences – a great way to keep abreast of latest developments as well as connect with leading practitioners. While such conferences were rare (and expensive), we’re changing that now: an international conference I organized in Mumbai last year saw students attending in large numbers. Finally, students should think of offering to help senior practitioners in their ongoing projects or research. This not only helps increase awareness of “real” arbitration work but also helps create (valuable) relationships in the field, besides bolstering your resume of course! I work with several research assistants myself for my academic pursuits and hope that the experience is as educative and useful for them as it is for me.

    CAN YOU PLEASE TELL US ABOUT YOUR EXPERIENCE APPLYING FOR YOUR MASTER’S DEGREE? DO YOU BELIEVE IT IS MORE DIFFICULT FOR NON-NLU STUDENTS TO GET THROUGH INTO FOREIGN UNIVERSITIES?

    I completed my first LL.M. in 2011 – an LL.M. in Dispute Settlement offered jointly by the Graduate Institute, Geneva and the University of Geneva. I completed my second LL.M. via distance education this year – an LL.M. in Oil and Gas law from the Robert Gordon University, Aberdeen. Applying for my first LL.M. was quite challenging. I remember spending hours drafting and redrafting my Statement of Purpose (SoP). Organizing other documents was tough too – recommendation letters, transcripts etc., all while working full time. I would strongly recommend setting aside some time for making applications, it’s quite a job! And do spend time on your SoP; I can say from experience that it will be read, and the success of your application may well depend on it!

    I do not believe it is difficult for non-NLU students to get through foreign universities. Each law school has its own strengths and weaknesses, students have to maximise all available opportunities, and have good grades. From experience, I can say that while admissions committees do take into account an applicant’s university, the SoP, grades, co-curricular activities and the like carry far more weight.

     

    WHAT LED YOU TO CHOOSE TO STAY ABROAD AND NOT RETURN TO INDIA AFTER COMPLETING YOUR LL.M.? HOW DID YOU JOIN A REPUTED FOREIGN LAW FIRM AFTER YOUR MASTER’S COURSE?

    I always looked at an LL.M. as a two-part project – foreign education and foreign work experience. The latter was particularly important given that I chose to do an LL.M. in international dispute settlement – something that at the time was not very common in India. I choose to stay abroad now because I still have a lot to learn and a long way to go to become the global dispute resolution professional I aspire to be. Moreover, I enjoy my work in an exceptional environment that is intellectually stimulating and nurturing in equal measure. In any event, I travel back to India at least 3-4 times every year to meet clients, friends and organize arbitration events. In some senses, I never left!

    Joining a foreign law firm took some effort. Besides being actively contributing in class, I volunteered to work on small projects for my professors, which I did to the best of my abilities. Their recommendations, coupled with my work experience and grades, got me here. It also helped that I interned at a law firm while pursuing my LL.M. – 15-hour workdays for nearly six months, but well worth it in the end.

     

    DO YOU BELIEVE THAT A MASTERS IS A MUST FOR LAWYERS SEEKING INTERNATIONAL EXPOSURE, AND JOINING A FOREIGN LAW FIRM?

    I would say that some form of foreign education is useful for those seeking employment outside their home jurisdiction, as well as those seeking to have international exposure while remaining in their home jurisdiction. This could be a full-fledged LL.M. degree or any other program. There are so many unique programs out there these days that a targeted short course may be valued more than a generic LL.M.

     

    HOW IS THE WORK CULTURE ABROAD DIFFERENT FROM THE WORK CULTURE IN INDIA?

    I think we should be careful not to generalize the working culture in India and abroad. There are firms all across the spectrum everywhere. Dedication is required everywhere but perhaps not understood the same. Professionalism is rewarded here, not benchwarming. There is no requirement to spend long hours in the office unless there is a real need to do so. Another difference is personnel development. Foreign firms are more open to their associates engaging in career development activities. There seems to be some hesitation towards this in India.

     

    WHAT ARE YOUR ROLES AND RESPONSIBILITIES AT LÉVY KAUFMANN-KOHLER? WHAT IS THE AVERAGE WORK-DAY LIKE?

    Lévy Kaufmann-Kohler (LKK) specializes in international dispute resolution, particularly international commercial arbitration and investment arbitration. I’m happy to say that I play a role in all aspects of the arbitral process: I sit as arbitrator, act as counsel, and also act as secretary to arbitral tribunals.

    The average work-day varies tremendously depending on what work comes up. I could be issuing procedural orders in cases where I sit as arbitrator, drafting legal memos, and/or brainstorming strategies for use in current cases – anything goes. Its why I love my job! I also try to spend some time each day reading on current developments, not only on international arbitration – continuous training is important.

     

    WHAT IS THE SKILL SET REQUIRED TO BECOME AN ARBITRATOR?

    One needs a varied skill set to become an arbitrator. In my view, the most important skill is truly listening to what the disputing parties are saying. All too often one hears/reads what one wants and not what is said/written. It is equally important to be diligent – the devil is nearly always in the details! I could go on, but I find these to be the most important skills, common to the top arbitrators in the world.

     

    YOU HAVE BEEN THE YOUNGEST-EVER INDIAN TO BE APPOINTED BY THE ICC. PLEASE TELL US ABOUT YOUR JOURNEY FROM BEING A FRESHER TO BEING AN EXPERT IN ARBITRATION?

    A long journey, with a long way to go! Sitting in a classroom at GLC I never thought that I would one day work in Switzerland with the leading international arbitrators of the day. As I mentioned above, working hard and working well eventually pays off! I’ve received (and continue to receive) plenty of support and encouragement, especially at LKK, for which I am extremely grateful. Its been a tremendous learning experience so far, and the journey continues!

     

    WOULD YOU HAVE ANY PARTING WORDS OF ENCOURAGEMENT FOR OUR READERS WHO WOULD LIKE TO FOLLOW YOUR FOOTSTEPS?

    There are much bigger and better footsteps for others to follow!

    I would only say that nothing really replaces diligence and hard work. If you work hard and work well, results will follow. Also – and this is particularly relevant as I’ve often seen Indian students being intimidated in a foreign environment – don’t be afraid to step up. Just because something has not been thought of before doesn’t mean it can’t be done. And finally, always keep an eye out for opportunities – you never know what can happen!

     

     

  • Shweta Luthra, An independent Legal Consultant, on switching from Corporate Law to Criminal Law

    Shweta Luthra, An independent Legal Consultant, on switching from Corporate Law to Criminal Law

    Shweta Luthra graduated from National University of Juridical Sciences, Kolkata in 2007. Her research, which started in 2011 and is still ongoing, is focused on the socio-legal aspects of fitness to plead and stand trial in English and Indian Courts. It involves a comparative analysis of the trial procedures for defendants who are charged with criminal offences, but are unable to plead or participate in their trial, as a result of mental disabilities.

    She currently acts as the external member on fifteen ICCs and as a legal consultant to many other organisations. She has worked with IISc (Indian Institute of Science), KEONICS, Orange County Hotels and Resorts, Skyway International Tours and Travels, CMCA (Children’s Movement for Civic Awareness), the Nature Conservation Foundation and Quikr. She also provides consulting services to a global technology support company with over 5000 employees in India alone, a global MNC providing customer engagement software and services, and a leading Life Science and High Tech company.

    In this interview she talks to us about:

    • Her areas of interest and developing expertise and knowledge in these fields.
    • Biggest hurdles faced in her career.
    • Her experience at Amarchand & Mangaldas.
    • Her experience as a trainer, legal consultant and external member to ICCs on sexual harassment matters.

     

    How would you like to introduce yourself to our readers?

    I am a legal professional interested in aspects related to human rights, especially those of persons with mental illnesses and victims of sexual harassment, since their issues have not received as much attention (until quite recently) as other issues.
    An Alumni of NUJS, Kolkata (2007 batch), I worked with AMSS Bangalore for two years before deciding to follow my true interests and joined the University of Oxford in 2009 to read for the MSc in Criminology and Criminal Justice (Research Methods).After completing my MSc, I started my Ph.D. at the School of Law, the University of Leicester on a part-time basis, which I am still pursuing.
    Since 2013, I have taught Principles of Criminal Law at Christ Law School, Bangalore as guest faculty and now work with an NGO, SASHA (Support Against Sexual Harassment), where I provide legal consultancy on matters relating to sexual harassment at the workplace.

     

    What inclined you towards legal education?

    As a child, I really enjoyed puzzles and mysteries. As I grew older, this interest moved towards brain teasers, and then towards logical reasoning and analysis. While I would have preferred to become a detective, that did not seem to be a very stable career option! I was also excellent at arguing (not just debating) and seriously considered becoming a criminal lawyer. When I got accepted at NUJS, studying law seemed like an excellent career prospect.

     

    What were your areas of interest while you were in law school? How did you go about developing expertise and knowledge in these areas?

    What I found most interesting at law school, was criminal law. What I did not realise then, was that my interest lay more towards the psychological aspects of crime and the socio-legal aspects of criminal law, rather than substantive or procedural law – why certain acts are considered to be criminal; why the same acts and behaviours that are punishable offences in some countries, are not criminalised in others? Most importantly, why, despite knowing that an act would result in punishment, people still continue to commit crimes?

    I was not at all sure where I would go with these interests. When you think of criminal law, you immediately think “litigation”, as did I. To that end a majority of my internships were with litigating lawyers – at all courts (trial to Supreme Court), and while I enjoyed trial court litigation most, I was not convinced enough to make a career out of it.

    By 3rd year, my interest took me towards criminology (which I chose as an elective), and during my summer vacation, I decided to conduct some research on the treatment of mentally disordered offenders. For this, I interviewed nearly 30 mentally ill persons who were either under trial or convicted and serving time at the Bangalore Central Prison. I spoke to mental health professionals and prison psychiatrists about the treatment received by such prisoners and realised what an abominable state they were in. It was this project that ultimately defined my career. My M.Sc dissertation and Ph.D. thesis, both are related to mentally disordered offenders and how law and society, both need to change to improve their situation.

     

    What do you think were the biggest hurdles and challenges in the early days of your career? How did you deal with them?

    Despite wanting to work in the specific area of criminal law relating to the mentally ill, I had no idea where to start, and with the pressure of placements, I applied for a job in corporate law, just like everyone else. My only corporate law internship had been with Amarchand Bangalore (in my 4th year), and when they offered me a PPO, I accepted it. It’s hard to refuse such an offer, especially against peer pressure as well as family pressure. Most families do not want their daughters running around prisons to speak to convicts suffering from Psychosis.

    While I adjusted to the job at Amarchand, I never really felt excited by it.A big challenge for me was the long hours required of a capital markets lawyer. Markets were booming at the time that I joined, and there was more work than we could comfortably manage. It’s easy to burn out quickly when you do not see yourself making a career out of that job. But, the biggest hurdle for me was to convince my family that I wanted to leave a coveted high paying job in order to enter into completely unknown territory, with no clear career prospects.

     

    How was the job interview? Do you remember any of the questions asked to you? Please give our readers some tips to nail a law firm interview.

    A lot of the questions asked during these interviews are about your personal opinions and aspirations. They want to know about the sort of person you are and whether you would fit into that particular law firm culture. They want to know where you see yourself in 5 or 10 years. What could you bring to that law firm, that is unique? Sometimes, they also ask you for your opinions on current legal affairs.
    While many applicants are quite scared to answer these questions because they want to sound impressive, the thing to remember is that there is no right or wrong answer. Rather than expecting a perfect answer, I believe that recruiters want to know if you have the ability to self-introspect and whether you have any future goals or not. Whether your aspirations are limited to getting the highest paying job at a huge law firm, or if you have actually thought of a long term plan. They also want to know if your knowledge is limited to what you have been taught in the classroom, or are up to date with and can critically discuss what is happening in the world.

     

    Describe your experience at Amarchand & Mangaldas. Why did you shift from Corporate Law to Criminal law and research?

    I was assigned to the capital markets team along with a majority of the new recruits. That is something that I was clueless about, never having worked in the area. But, considering the IPO boom at that time, they needed all hands on deck. I learned quite a lot during my two years there, but I missed my prison research and finally decided to study further, but not law – I wanted to study criminology and criminal justice. When I got accepted at Oxford, there was no looking back.

     

    What can help a student get through the application process at the  University of Oxford? How different was the work environment at that University?

    Unlike many high ranking global universities, Oxford does not put as much weight on your previous academic record, as it does to your potential.

    To gauge this, in addition to the statement of purpose, which is the most important part of your application, you are also required to submit two essays on subjects of your choice (not necessarily related to the course you are applying for), through which they analyse your ability to write, research and think critically. The latter is essential – Oxford looks for uniqueness rather than the ability to score high marks in exams. They would like to know that their students are interested in long term achievements rather than just a degree.
    I had an average GPA and was ranked in the middle of my class, but they took me anyway. I believe what they found interesting, was my research and ideas on the law related to Mentally Disordered Offenders.
    They also ask for three references, instead of the usual two – one of which needs to be non-academic.

     

    Please share a bit about your Ph.D. research experience with medical and legal professionals in India.

    My Ph.D. relates to the socio-legal aspects of fitness to stand trial for persons with mental disorders. I am looking at trial procedures followed in India and England if the accused is suffering from a mental disorder that prevents him from participating in his defence or from instructing his lawyers.

    During my research, I realised that legal professionals in India know very little about this area of law, and many steers clear of it. There are cases of mentally disordered offenders being imprisoned as under-trial prisoners for decades!A factor that further intensifies the implementation of this law is the stigma attached to mental illness, which prevents many from admitting that they are unwell, and therefore not fit to undergo a normal trial.

    On the flip side, until quite recently, this law could be misused very easily – there have been many cases where families who wanted to rid themselves of the responsibility of a mentally ill relative, accused them of criminal offences like rape or sexual harassment and then let them stay in jail until a proper trial, indefinitely. When India ratified the United Nations Convention on the Rights of Persons with Disabilities, many changes were brought into the Indian legal system. More than sixty Indian legislations that related to disabled persons (including persons with mental disabilities) are currently being reviewed and amended in order to harmonize them with this convention. That is currently the main focus of my research.

    When I started my research and conducted pilot interviews with legal and medical professionals, I realised that a major issue in India was not lacuna in the law, but more as a result of our legal culture and society. Besides the lack of awareness of these legal provisions, there are also contradictions between the medical and legal definitions of concepts like insanity and disability, in addition to how such persons should be treated. My Ph.D. may not be able to resolve these issues, but I aim to bring those issues to light, that have previously been ignored or disregarded.
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    How did you become a legal consultant? What are the skills one must acquire to become a legal consultant?

    SASHA actually happened quite unexpectedly. In 2014, I was approached by Kanti Joshi, an old family friend who convened SASHA, as she was looking for lawyers to join her.Since the notification of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in December 2013, she had suddenly seen an upsurge in her work as there was an immediate requirement of experts in this field. I attended a few of her sessions, read about the requirements under the law and realised that very few lawyers had this expertise.

    I was instantly drawn to this issue because in, addition to its relation to human rights and criminal law, it is another issue that has been ignored for too long.I initially started conducting awareness and training sessions on sexual harassment, and as I gained experience, I started analysing the law and became an external member of Internal Complaints Committees and also started providing legal consultation on this subject to other companies, who already had external members, but required expert knowledge of how to handle certain complicated cases.

    As such, there is no specific skill set required to become a legal consultant. In fact, lawyers working at law firms are legal consultants. Providing consultation is simply a practice, where instead of providing litigation services, the lawyer provides legal advice to individuals or businesses. However, most legal consultants have expertise in particular subjects. A big advantage for me has been the fact that as an independent legal consultant, I can keep my own work timings, and usually work out of my home office. I am very family oriented. I have a four-year-old son, with whom I get to spend a good amount of time, despite having a successful career. Also, as a result of this flexibility, I am able to dedicate a fair amount of time towards my Ph.D. research.

     

    Share your work experience as a trainer, legal consultant and an external member to ICCs on sexual harassment matters.

    The Sexual Harassment Act requires every organisation with more than 10 employees to have an Internal Complaints Committee to deal with cases of Sexual Harassment.For this, they need training on the provisions of the law as well as an external member who is either a legal professional or has expertise on this subject. The law also requires these organisations to conduct awareness sessions for the prevention of sexual harassment in the workplace.

    At SASHA, we provide all these services. Presently, I am an external member on the ICCs of 17 companies, where I assist them in resolving sexual harassment complaints. I also conduct training and awareness sessions for various organisations including hospitals, educational institutions, BPOs, IT companies, companies in the manufacturing, travel and tourism sectors, as well as various government departments and corporations.

    Despite our efforts, and efforts of other similar organisations, there is still some resistance to comply with this law. Many organisations are hesitant to sensitise their employees towards sexual harassment law, as they are worried that the provisions of this law will be misused. Their negative opinions towards this law include the fact that this legislation is just a political gimmick and that creating this law has resulted in giving power to women employees to retaliate against their superiors when unhappy with their professional progress. While not unfounded, these fears are a result of a lack of knowledge of the new law.

    Sexual harassment is a universal problem, unrestricted by financial or social status or the type of organisation one works for. No employer can be blamed for the behaviour indulged in by their employees, but closing their eyes to it is also not feasible. Many victims do not come forward with their grievances as they are unsure of what acts and behaviours amount to sexual harassment, and are unaware of what to do if faced with them. Many also do not have enough faith in their employer to deal with a complaint in a sensitive and supportive manner.

    It is my aim to spread as much awareness as possible, as I believe that to be the most effective way to bring about the desired impact.

     

    What would be your message to our readers?

    Don’t concentrate only on the subjects that are taught in law school. Learning about procedural and substantive laws is important, but what is more important, is how you practically apply that knowledge in the real world. I think internships are the best way to gather this knowledge. An internship can help you to understand the realities of the legal profession. You may learn Contract law and Company law at school, but you do not learn how to draft a contract or negotiate it.
    Also, you may not realise that you enjoy a specific field of law unless you have worked in it, so you should try your hand at internships in a variety of fields. In addition to learning the practice of law, internships are a great forum to learn from the experiences of professionals working in that field.
    Most importantly, keep an open mind. Litigation and Corporate Law are not the only options for legal professionals.