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.
Can you share with us how and why you decided to pursue a career in law? Was there a specific moment or influence that guided your decision?
My pursuit of a career in law was more accidental than pre-meditated. I am the first lawyer in my family and did not have any idea about the legal profession before I decided to study law.
Even my study of the law was more out of curiosity about the subject than out of any career aspirations. By the time I was applying to go to university, I had studied science subjects like Physics, Chemistry, Biology, Mathematics, and Pure Mathematics in addition to the social sciences and humanities like Economics, Commerce, Language, Literature, and Art. I did quite well in all the subjects but did not feel I wanted to pursue higher studies in any of those subjects. Thus, I decided to study law.
I eventually fell in love with international law and decided to pursue a career in that arena even though it was not something most graduates pursued at that time. International law was definitely the path less taken.
What was your experience like studying law at the London School of Economics and Political Science (LSE), and how did it shape your career trajectory?
Studying law at the LSE was truly a transformative experience for me. It was indeed a privilege to be taught law by the best experts. For instance, I studied Public International Law and was supervised by Sir Christopher Greenwood, who later went on to become a Judge at the International Court of Justice in the Hague. It was also an invaluable experience to be able to attend classes with a diverse group of international students while living in one of the most cosmopolitan cities in the world, London. The years at LSE clearly helped to broaden my horizon and exposed me to the career opportunities in the field of international law.
You’ve worked with top international law firms in the US and the UK. How did these experiences contribute to your expertise and influence your practice back in Bangladesh?
I worked in the UK for Eversheds LLP in their shipping department. That work experience was my first foray into the world of arbitration arising out of shipping law. During those early years of practice, I realized that a good lawyer not only needs to understand law but needs a well-rounded knowledge base which helps to think outside the box. Many of the issues that arise during a complex case may often involve highly technical matters where one’s understanding of subjects like physics and chemistry come in handy.
In the United States, I got the fortuitous opportunity to work for one of the world’s leading international arbitration firms, Foley Hoag LLP. I had gone to the United States as a Fulbright Scholar on the Hubert H Humphrey Fellowship to study at the Washington College of Law at American University (“WCL”). By chance, one of the Adjunct Professors who was teaching me at WCL was also a Managing Partner at Foley Hoag LLP, which had just been engaged by the Government of Bangladesh for the arbitration of the maritime boundary disputes in the Bay of Bengal between Bangladesh, Myanmar, and India. I was fortunately in the right place at the right time and got offered a position at Foley Hoag. I was particularly keen on assisting my own country Bangladesh in an international arena. While at Foley Hoag I also got to work for countries like Ecuador and Venezuela in arbitration cases arising from investment disputes. I was part of the team that advised the Philippines in their maritime boundary dispute with China in the South China Sea.
My international experiences in the law firms in the UK and USA greatly helped me in my international arbitration practice. Not only did I acquire legal skills by working with the best international lawyers in the world but I also built personal lasting friendships that provide indispensable support to me even today.
What motivated you to establish Alliance Laws in Bangladesh, and what have been some of the significant milestones for the firm since its inception?
The key motivation for establishing Alliance Laws was to have the freedom of choice about the kind of work I want to do. Now I only do cases that I find enjoyable or challenging. The law firm has grown exponentially since it was founded in 2019. We started with only two lawyers and in five years we have sixteen people working in the firm. Since our inception, we have assisted Bangladesh state owned entities in several international arbitration cases. In addition, we have also been involved in a number of complex cross-border transactions for international clients. The firm has been ranked by Chambers and Partners for its “Corporate and Finance” and “Dispute Resolution” works.
Given your extensive experience in international arbitration, what do you see as the most challenging aspects of this field, and how do you navigate them?
The most challenging aspect of the international arbitration field is to break into the system which is often referred to as the “insular arbitration bubble”. While some progress has been made with respect to gender, ethnicity, and cultural diversity, the system is still somewhat closed and controlled by a small group of people. I feel there is a need to encourage greater diversity in the pool of professionals which work in international arbitration, both as counsel and arbitrators.
For my part, whenever the opportunity arises, I try to encourage appointment of arbitrators and counsel from different regions and cultural backgrounds. I also try to ensure that tribunals and my legal teams have a good gender and multicultural balance.
Could you highlight one or two international arbitration cases you’ve worked on that you found particularly challenging or rewarding?
One of the most challenging international arbitration cases that I have worked on involved a dispute between my country, Bangladesh, and a Canadian energy company. The Canadian company had caused a massive explosion while negligently drilling a gas filled in northern Bangladesh and was about to get away without paying any compensation. When I was appointed to the case, half way through, I managed to get a team of lawyers together and succeeded in turning the outcome of the case in Bangladesh’s favour. It was difficult to take on a case which had been partially completed. However, in the end, it was rewarding to be able to change the outcome of the case through a combined team effort and a “never give up” mindset.
Lastly, what advice would you give to fresh law graduates who aspire to build a successful career in international law and arbitration?
My advice to all fresh law graduates would be to read as much, and as widely, as possible. Reading cultivates the mind and makes one more empathetic. To be a good lawyer one only needs to understand the law. But to be a great lawyer, especially in international law and arbitration, one has to solve complex legal issues from a culturally sensitive manner. There is also no short cut to success. In legal practice, if one is to succeed one must be prepared to go per aspera ad astra (through hardship to the stars).
Reflecting on your journey, what initially drew you to pursue a career in law, and what inspired you to choose this path? Could you share some of the challenges you faced during your early days in the legal profession and how you overcame them?
My first inspiration towards the legal profession came from my father who himself was a lawyer and practiced income-tax for a few years in Jammu and Kashmir. While my father’s initial footsteps were in law, he eventually transitioned to the family business of manufacturing high tension aluminum wires. However, he would always lovingly recount memoirs and anecdotes from his practice days and would consistently motivate me to take up law as a profession. From a very young age, I was exposed to the intricacies of the legal world through his work, experiences and stories. His influence remained a constant in my life, serving as a beacon of inspiration as I forged my own path in the legal profession. His commitment to integrity, diligence, and service instilled in me a deep respect for the law and a desire to become a lawyer.
Entering the legal profession, I encountered a range of challenges typical of any newcomer to the field. One of the most significant hurdles was navigating the transition from academic halls of college to practical application of law in Courtrooms. The theoretical knowledge gained in law school provided a solid foundation, but applying that knowledge in real-world scenarios required a different skill set altogether. Be that as it may, I guess I always had the vision and belief in myself to navigate these challenges. Even though I come from a small town, Jammu, I decided to practice in the capital of the country, which offers the best exposure to fresh law graduates. I was never attracted to practice in the comfort of my hometown.
Another challenge was building credibility and establishing myself within the legal community. As a young lawyer, earning the trust of seniors, clients and colleagues was quintessential for success. I faced skepticism and uncertainty from some quarters, but I approached each interaction with unwavering professionalism, competence, and a commitment to excellence. Over time, through hard work and dedication, I earned a reputation for integrity and competence, gradually gaining the confidence of those around me.
Despite these challenges, the inspiration that I drew from my father’s example kept me focused and motivated. His unwavering support and blessings and belief in my abilities gave me the strength to persevere during the tough times and celebrate the victories along the way. Reflecting on my journey, I am grateful for the foundation he provided and the lessons he imparted, which continue to guide me in my career as a lawyer.
Your journey from Associate to founding your own full service law firm, i.e., Expert Legal Services is inspiring. What personal qualities or characteristics do you believe played a significant role in your career progression, and how do you nurture these traits in your team members?
Reflecting on my journey, I believe that humility, focus, hard work, attention to detail, approachability and giving precedence to the interest of the client have been the core tenets of my practice. I cannot single out any one quality that helped in my career progression and it is always the right mix of attitude, aptitude, luck and hard work that helps you grow.
While mentoring my team members, I focus on their all-round development. I give them exposure to deal with clients independently under my supervision and to argue matters before various forums. This provides them with the much-needed exposure and also helps them in learning from their own mistakes and enables them to think on their feet. I always tell them to learn from their lows and to perform better. I am otherwise, in my peers’ view, an easy going and jovial person. This in my view helps them to perform without any stress and anxiety and to give their best in everything that they do. I also encourage open communication and constructive criticism. By fostering an environment, based on core values, we promote collaboration, respect, and continuous growth within our team.
Given your expertise in litigation, could you share a memorable anecdote that exemplifies the dynamic nature of legal advocacy and the importance of quick thinking under pressure?
I believe every day in court brings new lessons and stories. Through divine grace, I have been blessed with the opportunity to represent clients in diverse jurisdictions, providing me with first hand insight into the dynamics of these various courts across India. I believe that preparation and patience are the key virtues for any litigation lawyer. You may not get favorable orders everyday and therefore, you should carefully weigh all factors and avoid pushing your luck.
While there are many instances in my 17 years of practice, a recent incident that vividly comes to my mind, where a case demanded urgent interim protection for our client in securing a disputed amount. The opposing party was in the process of winding up their operations in the country and therefore, swift action was imperative. We immediately approached the court and recognizing our urgency, the court directed the party to obtain prior permission before parting with their assets in India. At the end, we had a very happy and contented client.
Instances like these are the heartbeat of daily courtroom engagements, offering invaluable learning opportunities for legal practitioners at every level. In the realm of law, growth is perpetual, and each day brings forth new lessons to enrich our understanding.
Your clientele includes renowned fortune 500 companies spanning different industries. What are some common legal issues or trends you have observed across these sectors and how do you tailor your approach to address their specific needs?
In my experience, serving a diverse clientele across various industries has exposed me to several legal issues and trends. Every industry has its own set of issues and there is an overlapping legal trend as such. Consequently, there is no one-size-fits-all solution when it comes to addressing these diverse challenges. As a lawyer, it is our responsibility to tailor our approach to each unique situation, providing customized solutions that best align with the specific needs and circumstances of our clients.
One requires a comprehensive understanding of both the legal framework and the practical realities of the business world, to successfully cater the needs of any client. At Expert Legal Services, we try to achieve the best possible outcome for the client while ensuring compliance with legal requirements and ethical standards. Cultivating an approach that prioritizes innovation, collaboration and problem-solving, has helped our clients succeed in an ever-evolving business environment.
Collaborating with esteemed legal professionals such as Senior Advocate Mr. Amarjit Singh Chandhiok, Senior Advocate Mr. Siddharth Luthra and Mr. Raian Karanjawala must have provided invaluable insights. Can you share a lesson or mentorship experience that significantly influenced your legal career?
Certainly, being associated with esteemed legal luminaries like Senior Advocate Mr. Amarjit Singh Chandhiok, Senior Advocate Mr. Siddharth Luthra and Mr. Raian Karanjawala has provided me with invaluable experiences that have profoundly shaped my legal career. These experiences have instilled in me values of perseverance, decision making, hardwork and efficiency. From understanding the minutiae to grasping the broader legal implications, I have learned that attention to detail is of paramount importance. Moreover, the significance of punctuality has also been deeply ingrained in me.
One important lesson that I learnt from Mr. Chandhiok was that a good lawyer is one who is not impacted by the outcome of the case. One should always give their best and leave the rest to the judge.
As someone deeply entrenched in the legal domain, how do you maintain a work-life balance amidst the demanding nature of the profession? Are there any mindfulness practice or routines that you find particularly beneficial in managing stress and staying focused?
Balancing work and life in the legal profession, especially in litigation, is indeed a constant juggle. While striving for equilibrium between professional demands and personal well-being, I’ve found that maintaining a structured approach to my workday helps manage this delicate balance. Each task is allocated a specific time slot, allowing for a more disciplined workflow.
However, the unpredictable nature of legal practice means that flexibility is key. Clients may require urgent assistance at any hour, whether it’s seeking bail or filing a habeas corpus writ. In such instances, attending to these immediate needs takes precedence, often disrupting planned schedules. Nonetheless, amidst the demanding nature of the profession, I make a conscious effort to carve out time for personal pursuits and family. Engaging in hobbies or spending quality time with loved ones serves as a crucial counterbalance to the intensity of legal work.
Your expertise in navigating anti-bribery and anti-corruption investigations is commendable. What proactive measures do you recommend to prevent such occurrences in businesses?
To overcome illegal practices, I always advice clients to follow best practices and confirm to ethical standards. It is also important to introduce a system of checks and balances for early detection of any such occurrences. Swift Action can help the companies to minimize the impact and nip such instances in the bud. Though, one cannot guarantee against any possible leaks but in my view, this shall considerably safeguard the exposure to a significant extent.
Beyond legal practice, you’re known for your philanthropic efforts. How do you integrate social responsibility into your professional life, and do you believe there’s a symbiotic relationship between community engagement and legal advocacy?
Compassion, generosity and large heartedness are again virtues that I have inherited from my parents. Their dedication and persistent desire to help others has left a profound impact on me. I was always taught to help the poor and the needy. This is an extremely relevant trait that I also wish to pass on to my daughters. I also believe that being an advocate comes with a profound responsibility to serve the less fortunate, especially within the context of the legal system.
At our firm, we prioritize social responsibility and actively integrate it into our daily practice. We are committed to serving not only our well to do clients but also individuals and causes that may not have the means to afford legal representation. We are engaged in various pro bono matters, dedicating our time and expertise to assist marginalized communities, champion social justice causes, and address systemic inequalities. To give an example, we recently assisted a young boy who had been charged under POCSO and was languishing in jail and helped him in securing bail from the High Court. I see a clear symbiotic relationship between community engagement and legal advocacy. Our involvement in the community fosters trust, builds meaningful relationships, and amplifies the voices of those who may otherwise go unheard.
You’ve been instrumental in mentoring young lawyers throughout your career. What advice do you impart to aspiring lawyers entering the field today, and what qualities do you believe are essential for success in the legal profession?
Certainly, mentoring young lawyers has been a rewarding aspect of my career, and I’m always eager to share insights with aspiring lawyers entering the field today. My advice to young lawyers is that success is not an overnight journey and requires considerable hard work, toil and burning the midnight oil. The key to success lies in developing expertise and being consistent and punctual in your work. Invest in your work and you’re bound to reap success. Also, it is important to realize that one should not get disheartened by adversities and remember that the castle of success is not built on victories but on failure.
Could you please share with us your journey into the legal profession? What initially inspired you to pursue law, and what challenges did you encounter during your formative years in the field?
My journey into the legal profession was not pre-planned but rather a serendipitous occurrence that unfolded unexpectedly.
While my initial career aspirations varied in many different directions, fate had other plans in store for me.
I was doing a chartered accountancy course along with my graduation when I took Delhi University’s LLB entrance test in the final year of my graduation and got selected. I completed my law in 2002 from the Campus Law Centre, Delhi University, and that is how my journey into the legal world began.
In my initial years into the profession, I had the privilege to work under Hon’ble Justice Siddharth Mridul, who was then the Standing Counsel for Union of India in Delhi High Court and thereafter with Mr. Amarjit Singh Chandhiok, Senior Advocate. Working in the office of a standing counsel does provide a great deal of opportunity and it immensely benefited me too. Working in the most sought-after senior’s chamber in Delhi High Court inculcated discipline. It not only shaped my career but has also enriched my life in ways I could never have imagined.
With a special penchant for litigation, I decided against joining a law firm and chose to establish my own independent practice. Despite my enthusiasm, the journey was not without its challenges. As a first-generation lawyer, I lacked the familial connections and resources that are often advantageous in navigating the legal landscape. However, I refused to let these obstacles deter me. Instead, I embraced them as opportunities for growth and learning.
Yet, it was precisely this avant-garde journey that imbued me with a unique perspective and a tenacity to succeed. I embraced each challenge as an opportunity for growth, seizing every chance to expand my knowledge and hone my skills.
What motivated you to pursue and successfully complete the Advocate-on-Record (AOR) exam for the Supreme Court of India?
Initially, I did not realise the importance of being an AoR and did not take the examination despite being eligible in 2007-2008 itself, i.e., after 5 years of practice. However, I realised my mistake when it became evident that Supreme Court practise is an integral part of litigation and being an AoR is a clear advantage, more so, for a first-generation lawyer like me. Many of my peers went on to successfully qualify the exam and with their encouragement and support I also took the exam and became an AoR in my first attempt in 2011.
You have been involved in cross-border commercial disputes. Could you elaborate on the unique challenges and strategies required in such cases?
Since arbitration is a mechanism of resolution of disputes that, unlike court, takes place in private, it is always open to the parties to choose the substantive law and law governing the arbitration agreement as well as the seat and venue of the arbitration. Problems arising out of an arbitration call for the application of proper law of the contract, which is the law governing the contract creating the substantive rights of the parties; proper law of the arbitration agreement; and curial law, i.e., the law governing the conduct of the arbitration. Lawyers are confronted with situations where all these three may differ. Thus, one of the primary challenges in cross-border disputes is jurisdictional issues and matters related therewith. Determining the appropriate forum for resolution can at times be complex, owing to the parties based in different countries with conflicting laws and regulations. Also, building strong relationships with local counsel can be instrumental in achieving successful outcomes in cross-border disputes.
As a member of Insol International, how does your expertise contribute to resolving insolvency and restructuring matters?
Development in any other branch of law in India, in all likelihood, cannot be matched by the pace at which the insolvency regime contained in the Insolvency and Bankruptcy Code has evolved in the short period that it has been in existence in India.
INSOL International is a federation of national associations of professional who specialise in turnaround and insolvency. It facilitates key stakeholders to come together and share experiences by promoting best practices and providing a forum for debate on key issues facing the industry and the profession. Through this organisation, I am constantly exposed to the latest developments, trends, and best practices in insolvency and restructuring from around the world. This global perspective allows me to adapt and apply innovative strategies that have proven successful in different jurisdictions.
With your extensive experience in telecommunications and technology-related litigation, how do you anticipate the impact of emerging technologies on future legal disputes?
The rapid pace of technological innovation has reshaped the legal landscape, presenting both opportunities and challenges for lawyers and their clients.
Emerging technologies such as artificial intelligence (AI) and machine learning are poised to revolutionize various aspects of the legal profession, including case analysis, document review, and predictive analytics, which have the potential to streamline legal processes, improve decision-making, and enhance the efficiency of legal services.
Our Supreme Court has already started publishing the transcript of the hearing in select cases using Artificial Intelligence to transcribe hearings.
I see innovative technologies reducing administrative work for lawyers. However, it is unlikely that technologies and AI will replace human lawyers and judges.
You’ve been appointed as Arbitrator by the Delhi High Court multiple times. How does this experience contribute to your understanding of legal procedures and responsibilities? Please share some insights from this role.
The Hon’ble Chief Justice of India had recently remarked that the arbitration space in India resembles an old boy’s club. He highlighted how only retired judges dominate arbitral appointments, and, in the process, several promising candidates (such as lawyers and academicians) are overlooked.
I am glad to share that the Delhi High Court does appoint lawyers as arbitrators. Serving as an arbitrator appointed by the Delhi High Court is a significant and enriching experience that has deepened my understanding of legal procedures and responsibilities in dispute resolution. This role has afforded me invaluable insights into the complexities of arbitration proceedings and the nuances of adjudicating disputes outside the traditional court system. Additionally, this role has underscored the importance of effective case management and maintain procedural integrity in arbitration proceedings.
Beyond the courtroom, how do you engage in community outreach or pro bono work to promote access to justice and legal literacy among underserved populations?
Being the first one, in my entire family, to choose law as my profession, I do recognize the barriers that many individuals and communities face in accessing legal assistance. My office is open to everyone and anyone seeking any legal assistance. I am also empanelled with The High Court of Delhi (Middle Income Group) Legal Aid Society and I actively seek opportunities to leverage my skills and expertise to make a positive impact outside of traditional legal settings. My pro-bono work is driven by a deep-seated belief in the importance of promoting access to justice and legal literacy for all.
Outside of law, what hobbies or interests do you pursue that contribute to your professional development or enhance your perspective as a legal practitioner?
Balancing professional with personal interests is essential for maintaining a well-rounded perspective as a legal practitioner. One of my passions outside of law is literature and writing. I try to keep abreast of current affairs and make it a point to read couple of newspapers including financial ones. Additionally, I am an avid traveller and explorer. Traveling not only exposes me to diverse cultures, languages, and customs but also challenges me to adapt to new environments and navigate unfamiliar terrain—a skill that is invaluable in the legal profession, where each case presents its own unique challenges and complexities.
Can you share a pivotal moment or case from your career that significantly influenced your approach to law and litigation?
I have had opportunities to represent the Government of India and was part of the teams led by the Learned Law Officers before the Constitution Benches of the Supreme Court in several matters involving substantial questions of law as to the interpretation of the Constitution of India. I have handled numerous cases which are significant for one reason or another.
One pivotal moment in my career that profoundly influenced my approach to law and litigation was a case in the Supreme Court arising out of a controversial phone tapping. The issue involved as to whether a public figure has a reasonable expectation of privacy. Guidelines were issued by the Supreme Court which led to framing of the standard operating procedures (SOP) by the Government for legitimate phone tapping.
Having said that, I approach each case, with utmost sincerity, and take it as an opportunity to serve the clients in getting justice which they deserve.
With over two decades of experience in the legal profession, what suggestions or advice would you offer to the upcoming generation of aspiring lawyers and legal professionals navigating their way through the complexities of modern legal practice?
I would like to share with the upcoming generation of aspiring lawyers and legal professionals navigating the complexities of modern legal practice to embrace lifelong learning. The legal profession can be demanding and unpredictable, with its fair share of setbacks and challenges. Cultivate resilience by maintaining a positive attitude, embracing adversity as an opportunity for growth, and developing coping mechanisms to navigate stress and uncertainty effectively. You must uphold the highest ethical standards in all your interactions, prioritize the interests of your clients, and adhere to the rules of professional conduct and legal ethics.
Hello and welcome, today we have with us the esteemed Ashok Kumar Singh sir, who is a senior advocate. And we would like to start the interview by asking the most important and most pertinent question Sir, what inspired you to pursue law and how has been your journey from the beginning till the time when you are doing arbitration and dispute resolution with so much ease?
My father was a government servant. I have seen bad days in my life. He was a small, hardworking government servant and an honest man. To survive with honesty at that time, when I studied professionally back in 1977 and 1978, was a difficult job. So, I thought of not joining any service and doing something different. Business was not an option because I had no money. Ultimately, I decided to adopt a profession that required little or no money. I thought of joining law and, in 1975, I joined the law faculty at Delhi University. I graduated in 1978.
Before I graduated in 1978, I started going to the courts. At that time, there was no concept of internships. My senior would take me to court, and it was usually assumed that I was a new clerk. Sometimes, it was very humiliating and insulting when someone asked if I was a new clerk, and I couldn’t say yes or no. I started the profession because I wanted to do something different and had no money to invest in a business.
Why did I come into arbitration and dispute resolution? Initially, I started as a criminal lawyer. To this day, I love doing criminal work; it is in my blood. In 1986 or 1987, a gentleman who was an additional general manager in the Delhi Transport Corporation gave me a challenge in arbitration. It was against NPCC, and his CMD told me, “Mr. Singh, even if you get it compromised at 20 lakh rupees, I will be the happiest person.” Twenty lakh rupees in 1985-1987 was a big amount. By the grace of God, it was the first case in my life, and I did it.
A NIL award was passed, but no award was granted to NPCC. This brought a major change in my life. I realized that besides criminal clients, dealing with civilized, highly-placed clients allowed you to invite them to your place, your office, or chit-chat with them.
You can have a cup of coffee, but with a criminal client, you can’t have all this liberty. Secondly, I realized that good money was transferred to me even at that time. I charged per hour and per hearing. I was the only counsel in Delhi Transport Corporation who was paid this much.
Thereafter, some other government departments tried me. I worked in Delhi, outside Delhi, and gave good results in arbitration as well. People started liking me for arbitration work too. It was a matter of chance that I started working in arbitration. Slowly, around 2010, somebody from the US approached me. He wanted an Indian counsel to represent them in an international arbitration in different jurisdictions like London, Singapore, Mauritius, the Cayman Islands, and the Isle of Man. I thought he would pay me a certain amount as a fee, but he asked for my fee schedule in hours. He indicated that he didn’t want a petty lawyer, suggesting that I could charge a good amount. This gave a twist to my life. I started working for them as an Indian counsel because Indian laws and properties were involved. They needed someone knowledgeable about civil law, criminal law, and income tax.
English counsels were very costly for them, so they wanted someone to assist the English counsels. Within six months, they made me the second leading counsel in the matter. In a year, I became the leading counsel, overseeing all litigation in the USA, Singapore, London, Mauritius, and other countries. All the counsels were working under me, and they found that I was much cheaper compared to English counsels who charged heavily.
The best part, which I must share with you, is that a claim of about 1700-1800 crore rupees was filed against our client. When we entered the case, we reviewed the entire file, made a claim, and issued a notice for the counterclaim. Within a few months, the chairman of the claimant approached us for a compromise. Without contesting the case too much, they gave our client 192 crore rupees in Indian currency. The claimant didn’t get even a single penny. The respondent, whom we were defending, got 192 crore rupees. Obviously, we also received a good fee and gained confidence that we could handle international resolutions and deliver good results to clients globally. This confidence was earned by our hard work. It wasn’t just me; my team also contributed significantly. Other lawyers working with me helped a lot. That was another turning point in my life. I decided to focus more on arbitration rather than criminal cases because in criminal law, people initially look for a laborious, good lawyer.
I was getting plenty of work. I must say I got plenty of work. I’m not boasting, but I consider myself one of the busiest counsels in District Court and later in High Court on the criminal side. But suddenly, things changed over time. Clients started approaching me with the idea, “Sir, you know such and such person, you know the government counsel.” This was not my cup of tea.
So I slowly started moving away from that. It was a bit disturbing, and when you say, “No, I don’t know,” or “I don’t believe in this sort of practice,” they wouldn’t want to continue with you. They would go to others. But in arbitration and civil practice, I realized that people appreciated your expertise.
They appreciated your knowledge, and over time, even till date, I’m getting good work from domestic as well as international clients. I have no problem. This is how I entered into arbitration, all with the grace of God and a little effort—a little effort, a little zeal to work, and a little enthusiasm to work. That is required too.
Since you picked up such a new field of arbitration and, the field was absolutely new in 1986, as you said. During this course of time, what kind of changes have you seen in commercial dispute resolution as well as the kind of arbitration which we are seeing nowadays? There must be some difference because we suddenly opened up for the world, India, especially in 1991. So you must have seen a lot of change as you had shifted from criminal to arbitration and commercial dispute resolution. We would love to hear that, sir.
There have been a lot of changes as far as arbitration is concerned. You know, it’s a very difficult question you’ve asked. I know a lot of people would get annoyed with my answer. Now it is dominated by a particular class. India wants to become the hub of arbitration. It is said so. But what I feel is, it is something, a slogan which we have been given, that it should be the hub of arbitration. If it is so, then why are about 36 percent of the arbitrations in Singapore conducted by Indians? Why are about 30 percent of arbitrations in Hong Kong or about 30 to 33 percent in Kuala Lumpur conducted by Indians? Why are they not coming back to India? Why are they not engaging Indian arbitrators? Why are they not relying upon Indian counsels? Why are they not relying upon the system which we have, even though it has improved a lot?
The system doesn’t carry that much weight. The people who have to somehow work in the system are very important. How the arbitrators are appointed, who they are, how they behave, how much they charge, and whether it is feasible for international clients to engage them are all important. What is their tone and temperament? That is very important because an international client would not like to be dictated to, as we normally are. Secondly, internationally, when we go out to conduct a matter, we know that early in the morning at 9 o’clock, we have to report, or at 9:30, and by 10 o’clock we will start.
It will continue up to 5 o’clock, and we are paid for that. Hourly basis, arbitrators are also paid hourly. The amount is also very reasonable, 500 pounds or 600 pounds, which is 55,000 or 60,000 rupees in Indian currency per hour. Even the arbitrators charge that much amount. But here it is a little costly affair, as you would appreciate. Normally arbitrators, though Schedule 4 is there for domestic cases, that is something different. But in international arbitration, there is no schedule. Arbitrators are charging fees according to their own choice. Normally charges are 2.50 lakhs per hearing of two hours or more.
A good amount of time is wasted in looking into diaries to find out the actual dates. Then, two hours sometimes are completed or not completed. It is something, you know, which pinches the international clients. If you ask me, 2.50 lakhs means 1.25 lakhs rupees per hour, which is a little higher in comparison to international market rates. They give you a good amount. It doesn’t mean that they don’t make the payment. Their payment is much more than ours, but they give it in different forms, such as hourly preparation of the case. After preparation, when you prepare for the drafting of the awards, they pay you a good amount. For consultation and meetings in between, they give you a good amount. But hearings always go on in one go, from 10 to 5, 10 to 3, or 10 to 4, whatever the time given. And in a very disciplined manner. That is lacking somewhere here because we don’t have many institutional applications, if you ask me.
There are only a few institutions here. And those institutions are also somewhere state-wise, somewhere region-wise. So international clients are unable to choose whom they should go to. Whether it’s the Mumbai International Arbitration Center, Delhi International Arbitration Center, Chennai International Arbitration Center, or Chandigarh International Arbitration Center, there’s no certainty.
So you have to develop a particular city, find a particular city, and then develop it. Like in Singapore, they have a center in Singapore. It doesn’t mean the entire Singapore, it’s a particular place. There are also many other international arbitration centers working there.
I am also an advisor to them, but you have to develop a particular center. You have to choose this, and that center should be completely free from judicial interference. Completely. It should be in the hands of only independent persons. Alright? Highly placed arbitrators, highly placed persons who have good knowledge in arbitration, only they should run it.
Then, probably, we can make a difference. Previously, arbitrations were uncommon in this country, so the system was a little different. I still recollect when I would go to any arbitrator, he would welcome us warmly, invite us for a cup of tea, and teach us as if we were his children. Things are changing. Those days are gone. Now, we have become more commercialized. That is the difference I am noticing.
Secondly, regarding labor, I don’t blame the arbitrators. Nowadays, we are getting 100-page judgments, 200-page judgments. By the time you rely on one judgment, another judgment comes in, contradicting the previous one. Sometimes in a month, we get two or three judgments that are not in line with each other. Nobody is following what was decided earlier.
This creates a lot of difficulty for the clients. Their position is also very bad. Now the provisions are made very stringent. Normally, it should be in line with international practice, but we have to consider our country’s practice as well. In Section 34, there is no chance to get any relief unless the issue is something different. It’s the same with Section 37.
I’m not accusing anyone, but the possibility and probability of a few arbitrators out of 100 becoming dishonest cannot be ruled out. Just imagine the plight of those clients and the impression they would carry if they had not been able to prove their case, despite knowing that an injustice has been done to them.
There should be some judgment for clients facing such great difficulty and injustice. My experience is that most of the arbitrators I work with are very honest and dedicated.
India is a very big place. We have the maximum number of arbitration cases in the world. Most of them are not institutional. When they are not institutional, arbitrations are happening in small places as well, where even the area in charge or market pradhan conducts arbitration. Those arbitrations are also covered by Section 30.
I feel that while we are making the laws very stringent, we should also consider those who are losing good cases because of the arbitrator’s decision. The court says it is not sitting in appeal and that whatever is decided is final. This aspect needs to be looked at differently. The changes have both good and bad sides. It is very difficult to explain all these things.
There are many things you can’t or don’t want to explain openly, but yes, a lot of changes are required. It’s time we make arbitration reach the roots of society. We should include people from society as arbitrators, like lawyers, senior lawyers, engineers, architects, academicians, chartered accountants, and company secretaries.
Whenever I go to institutions to teach law or other aspects, the question they usually ask is, “Sir, will we be appointed as arbitrators sometime in our life?” I can’t say anything to them because appointments are done by someone who is not under my control. We all know how it should be, but I don’t want to open that discussion again.
Alongside your legal career, you’re also a Professor at Sanskriti University. How do you balance your roles in academia and legal practice, and what do you enjoy most about teaching?
When I was in London conducting the matter, I realized that most of the judges worked as part-time lecturers. My son also studied there, and my daughter studied in the US. So, I always got the impression that the judges would come in the late evening, sometimes at 10:30 or 11 o’clock. The message would be floated that they were coming to discuss a legal proposition, and they would come and teach the students.
During the pandemic, I was in touch with my juniors, and we were discussing various aspects of law: arbitration, the IBC code, and other criminal laws. Online, I shared whatever knowledge I had with them. At this point, one or two universities approached me to speak to their students online. One of the universities made me an honorary professor. I don’t go very regularly to teach, but whenever they require my attendance for a particular subject or practical experience for the students, I love to go and share my experiences.
I have realized, and I personally feel, that we should help because universities find it difficult to call us since their curriculum is different from what we have in mind. When we go and discuss practical problems, the students find it challenging. They say, “Sir, we have been taught this much, but you are saying it is to be done like this.” Particularly, there are so many problems in life. You know it very well.
A student who has learned criminal law, when he comes to court, has an idea just like Shatrughna Sinha would come from the back and say, “My Lord, how can you do it?” And the matter would be decided in five minutes. At the time of a bail application, a hearing will take place, or evidence will take place. This sort of idea always remains because they are fascinated by movies and films.
To make them understand that it is very difficult, I always tell my interns that this is not something to teach you. This is something to teach you only discipline in the office: come on time, sit over there, learn the legal propositions, and leave at the appropriate time. If you don’t learn discipline, you won’t be able to be a good lawyer.
We can’t make them lawyers in three months, four months, two months, or six months. No, we can’t. We have to just make them understand what the law is so that tomorrow they should not get frustrated and run away from the profession. You won’t believe that 85% of young lawyers who join the profession leave within two to five years. They don’t continue, especially those who are not in corporate but in trial cases. They get frustrated much earlier because what they have in mind is not there.
Getting clients is a difficult job, getting money from the clients is a very difficult job, and getting relief from the court is the next most difficult job. Unless they get relief, the clients will not come back to them. They won’t get new clients, so they soon get frustrated because they need to settle in life. They come in at the age of 23 or 24, and by 28, 29, or 30, if they are not able to earn even 50,000 rupees per month, they get frustrated. So, besides the legal education we give in universities and colleges, we have to make them aware of the practical aspects as well.
I thought of doing something different besides what is written in the books, to inform them about the practical aspects of the legal profession. Getting this done is not difficult. I recollect one of my seniors, who greatly influenced me. He is no longer in this world, but he always said, “Vyast woh hain jo ast vyast hain.” If I have to take out the time, I will take out the time. If I don’t have to take out the time, I will not take out the time. I just manage. I don’t take up too much work that I can’t do. It is an injustice to the client, to myself, and to my family.
Take only as much work as is required. In the initial stage, yes, I did a lot of work. I was working from 7 in the morning to 12 o’clock at night, conducting 20 to 25 cases in a day. Now, I don’t do that much work. I feel that whatever is required for me, God is giving me. I’m happy with that.
Taking out time is not difficult. You have to manage your schedule. You don’t have to do too much work. You have to give proper time to your family, work, staff, hobbies, and yourself.
I would like to ask you the next question related to the new entrance to the legal field and all the kind of stress that you were talking about that after five to seven years, usually they get frustrated because they have that filmy thought that this is how trial court will work. What would you suggest to those entrants and such kind of thought process, how to build this inherently that later when they enter the profession, they do not feel frustrated. There must be something because as you said, in your early days, you used to take a 25 cases a day. That’s a huge thing, but you must have managed that in some manner. So if you could impart some thought about that, because that will be very helpful to the new generation as well.
For the newcomers, we can give much advice, but before giving any advice, it is better that we change ourselves. I’m still finding it very difficult to persuade my friends to give at least some amount to the interns or junior lawyers. If you go to district courts, you will find the position is also very tough for them.
If we have to ensure that good lawyers join the profession, we have to support them for three years, maybe two, three, four, or even five years. It becomes the duty of every senior who is keeping a junior to cover at least the minimum possible expenses. This support is a great help to them in the initial stage. Even if they are asking for money from their parents, they are happy to receive 20,000, 15,000, 25,000, or 30,000. For a trial lawyer, when you join a law firm, the situation will be different.
Learning in a law firm is a little slow, which I am not against. I have all respect for them, but it is slow. A person working in the district court, starting from zero, and learning from the beginning becomes a very good lawyer. He knows when the accused will be produced, what to do when the bail application is moved, how the bail bond is to be moved, how charges are to be framed, how sensible suit issues are to be framed, and the meanings of rejoinder, application, and written statement.
He learns a lot of things in the process. So, before giving a suggestion to newcomers, I request all my colleagues who are well-placed in the system to extend their hands to help newcomers. That will be much better. The moment you do it, many will stay in the profession and prove to be good lawyers.
The second aspect is that none of the newcomers want to go to the lower courts. Out of 100, you will find hardly 5 or 10 who go to the lower court. Everybody is interested in coming to the High Court or the Supreme Court in their father’s car, enjoying a cup of coffee, some snacks, or smoking with friends, and then going back in the evening with a new white shirt and coat, with a smiling face.
They don’t appreciate that spending two, three, five, or even ten hours per day at the High Court is not going to help them in any case. The High Court has its own limitations, and the Supreme Court has its own limitations. Basic law is to be learned in the lower courts, which nobody wants to learn.
They also have to change their temperament. They have to decide what they want to do. People come to me and say, “Sir, we want to work in the High Court only.” That’s fine, but you will get a chance to work in the High Court after working for five years in the lower court. Then you will be in a position to understand the basic concepts of law, the basic concepts of practice, and the basic difficulties of practice.
So, we should also make them understand that it is better to work for two, three, four, or five years in the lower court, and then come to the High Court or the Supreme Court.
Ninety percent of those who start in the High Court and Supreme Court, 85 to 90%, leave the profession midway because there is nothing. You can work in a law firm for two, three, four, or five years, but eventually, you have to show your worth. They are not going to pay you throughout your life without you showing your worth.
You will show your worth when you learn something. The learning process is a difficult job. So, my humble advice to all newcomers is that they should spend some time in a law firm. Learn from the beginning, whether on the criminal side or the civil side. Learn from the beginning what civil law is, what criminal law is, the basics of the civil procedure court, the Limitation Act, the Specific Relief Act, the Stamp Duty Act, and other important provisions of law. On the criminal side, learn the CrPC, IPC, and Evidence Act. They should understand these and then come to the High Court to try their luck. They might be more successful in comparison to what they are today.
Sir, as you have interacted with so many international and national clients parallelly, kind of ethical complexities, I would say, have you encountered any while representing such clients? And how did you upheld that kind of principle of justice and fairness that we always talk about as lawyers? How has it worked for you? How have you gone through the whole process?
It depends on the person. Simply put, if I am honest, I am honest. If I’m not, I’m not. If I have to do something, I will do it. If I don’t have to do it, I won’t.
I always request everyone in my family, as well as in my office, to learn to say no. The moment you learn to say no, ethical problems and other issues will never come your way. If you are concerned about something, just say no. What is the problem with that? That is the best way out. If you don’t say no and continue with something despite difficulties, it becomes problematic.
It happens, right? Secondly, most people say the profession is degrading. Yes, in some aspects, I do agree, but in my 45 years of practice, I have never been abused for any work. No High Court judge, Supreme Court judge, or minister has ever approached me to manipulate a case. They know me well and are close friends. No member of parliament has ever asked me to ruin a session.
You have to build up your image. Once your image is good, you won’t face such problems, whether domestic or international. No one has ever dared to approach me to say, “Sir, we have to do it in this fashion.” It’s my prerogative, my decision. You have given the problem to me. I will discuss it with you and suggest solutions. If you are happy, that’s fine. If not, give me a counter solution, and I will examine it. No illegal business, no hanky-panky in my office. If I’m sure of my integrity, I won’t face any difficulties.
Problems arise when one doesn’t maintain their character. Otherwise, they don’t. At least, I haven’t faced such problems in the last 45 years. Not a single person has approached me inappropriately. I have handled the second largest arbitration case in the country, worth about 15,000 crore rupees. It’s not a small amount. I’ve also handled other cases worth 500, 1,000, and 2,000 crore rupees. I have been a senior legal advisor to many government departments.
But nobody has ever approached me to do something against my principles. I don’t boast, but even for one of the biggest business houses in the country, when I was a legal advisor for a particular department, a substantial work assignment was based entirely on merit.
So, it depends on the person. I have not found any difficulty, and I don’t think anyone should if they are a person of character. However, a person of character might face difficulties. People might consider you egotistical or form different opinions about you. They might say you don’t visit their chambers or listen to anyone.
But in my heart, I’m happy that I have never compromised my principles in my life.
Sir, that being said, when you mentioned the second-largest case of 15, 000 CR, if you are comfortable sharing some details and how it made a course for you, a difference in your life on your professional front, as well as personal, because this is the biggest thing which one can hear because you were handling such a huge case. How did it bring change in your life?
Look, as far as the case particulars are concerned, they are always confidential.
But I will say again that two things count a lot in all these matters: your reputation and your ability to plan effectively. If one knows how to prepare a case and how to achieve the ultimate relief, this planning must be done in the initial stage. Good work must be done before starting a case.
Someone who was very highly placed in the Government of India, after retirement, became an advisor to that company. He had seen me working for about eight or ten years, dealing with matters worth millions of rupees and achieving positive results. So, he recommended my name, and that matter was assigned to us. We worked for about six months to make a strategy and prepare the case.
I must say, it was a very well-prepared case. I’m happy that I worked on it, even though it presented different challenges. One of my friends, whom I must call a friend because of our long-standing relationship, came to me while I was handling the matter for the Delhi Transport Corporation. He got to know about me, and later, when he became the CMG of a department, he assigned me a case.
He said, “Despite our best efforts, we are unable to recover the money from this gentleman who is politically very highly placed.” With the help of the concerned officers, who were also very nice and dedicated, and my staff, we worked day and night. It was very difficult, like trying to catch a snake that would run here and there. We got an order in the department, and I proposed filing an appeal.
It was a very interesting issue. I proposed filing an appeal, which nobody wanted to do. Luckily, the chairman agreed, and we got the order modified. In the appeal, about 94 crore rupees were additionally paid to the government department. I’m happy that more than 400 crore rupees were recovered from that client for the government department.
All this happens sometimes because of luck, sometimes because of hard work, sometimes because of your reputation, and sometimes because of your relationships. But somewhere, someone is deciding our destiny and making these things happen. I don’t attribute anything special to myself; it’s all the work of the Almighty.
Sir, on that note, I cannot stop myself, but ask you all of this going around, definitely there must be some stress. I know not that much with your kind of thought process, but still, how do you come out of that kind of stressful situation? How do you take care of yourself? Your mental health and what kind of hobbies do you look forward to when you want to de stress yourself?
The very simple process that I am doing, I don’t know. For so many years, early in the morning, I get up and, after getting fresh, my routine is that I do my pranayama.
If I get time, then I go for meditation. For the last three or four years, I’ve been doing Sudarshan Kriya, Guru Shri Ravi Shankar’s. Whenever I get time, I also do my yoga asanas and take my bath. In the evening, if I get time, I like to spend quality time with my wife. My children are well settled with their families, so I have only my wife to help me. I had a good time with her. We are more friends than husband and wife and enjoy life beautifully.
Before Corona, we travelled at least four or five times a year abroad and within the country. After Corona, we started travelling again. We were in Thailand and Cambodia just two weeks ago. Now we are planning to go to the US and Canada next month. You have to make time and choose the right company.
God has already chosen the company for me, so my wife is there to give me company.
As far as hobbies are concerned, I love reading. Sometimes, late at night, I read books of my choice. Previously, it was good literature and history; nowadays, I read spiritual books.
Your journey from Government Law College, Mumbai to becoming a Managing Director at Singularity Legal in Dubai is quite impressive. Could you share some insights into how you started your career and the pivotal moments that shaped your trajectory?
Since I am a first-generation lawyer, there was little to no guidance for me from anyone in my family into what the legal profession entailed and the various nuances one needs to understand to completely foresee a career as a lawyer. My years at Government Law College were remarkable inasmuch as while the curriculum was largely manageable, the extra-curricular activities that went on in college were immersive.
I was fortunate to find considerable interest in Students for Promotion of International Law. This was my first pivotal moment where the idea of practicing international disputes was seeded in my mind. During college I was never counted in one of the sharpest minds in class. That title belonged to my college friends and some of whom I continue to remain in touch with even today. The next pivotal moment was the chance to do internships while studying. My college has a storied history, one which needs no introduction and has always pushed students to gain practical exposure.
The chance to intern with one of the best law firms in the country during the last three years of law school not only gave me a sense of understanding of what differs between theoretical and practical know-how of the study of law but also the several intricacies which are involved in the practice. This allowed me to get a pre-placement offer from a leading boutique law firm, DMD Advocates and allowed me to gain experience from a stellar mentor in Ms. Fereshte D. Sethna. I am humbly grateful to her for teaching me the ropes and this is where I truly fell in love with international disputes.
During my time at DMD Advocates and then at Bharucha & Partners, I not only have had the chance to work alongside the top legal eagles in India but have also been fortunate to work with magic circle firms and King’s Counsel(s) allowing me to gain exposure and enabling me to think from the standpoint of a client with projects and interests in different jurisdictions.
As someone who has worked with Fortune 500 companies and private equity firms, could you elaborate on the role of legal strategy and advisory in facilitating strategic acquisitions and setting up industrial projects?
There are several lenses that one needs to wear if they are to advise any Fortune 500 company or private equity firm and that is because you are working with one of the sharpest minds in the profession and those who have specific expertise in the subject matter.
My role as a legal advisor to these companies and firms was from the standpoint of a strategist in highlighting the various issues which are required to be looked at not only from a legal perspective but also from a securities and regulatory perspective. My experience in handling international disputes for similar clients helped me to understand their issues fairly quickly and deliver as per the client’s requirements.
Almost all the companies which I have dealt with have been publicly traded entities either on the Indian stock exchange or other exchanges across the globe. There has been a high demand for data center setups in Maharashtra and has seen an increased interest from various international conglomerates. This poses its own challenges with different cultures and jurisdictions at play. Thus, it becomes extremely crucial to understand the pain points from a client perspective when it comes to entering into a transaction for setting up an industrial project.
Another important requirement one needs to keep in mind is to ensure that the wider team working on due-diligence aspect and other issues are aligned and fine-tuned to the real-world issues being faced on the transaction. My role entailed leading the transaction from top to bottom and included overseeing the legal, operations, diligence and architectural teams to ensure the client’s targets are achieved.
You’ve recently cleared the UK Solicitor Qualification Examination. How do you think this additional qualification will enhance your practice, particularly in the context of international disputes? Additionally, could you share what motivated you to pursue this exam amidst your already demanding career? And any tips for the person who wants to give this exam.
First and foremost, the UK Solicitors Qualification Exam is one of the toughest exams there are across fields and that in itself puts immense pressure. The rigorous curriculum not only enhances your thinking and capabilities but the hours one puts in crossing the line engrains the different threads of law in oneself.
As an Indian lawyer working in Dubai, which is steadily becoming the global melting pot, it has tremendous advantages. There is a huge influx of investments from all across the globe. While the UAE judicial system is extremely robust, there is a high demand for a system which is closer to home. The DIFC Courts and ADGM Courts are common law dispute resolution centers, one which have put Dubai on the map for dispute resolution. As a Solicitor of England & Wales, the DIFC and ADGM Courts are home ground for me more so now than before.
In terms of pursuing the SQE and the motivation, all I could say is that I had very early on in my career decided that I would not pursue a master’s degree considering I was predominantly a commercial disputes lawyer and found no reasons as to how a master’s degree could help me. I was obviously wrong. At this stage of my career, I felt that a dual qualification would benefit me more professionally than a master’s degree and I plunged straight into it. I took it as a challenge, and one which was very hard considering I had shifted jurisdictions as well. In the end, hard work pays off and nonetheless I have always believed in myself and stand by my motto “Fall down seven time Stand up eight”.
In your opinion, what are some emerging trends or challenges in the field of international arbitration and commercial disputes that legal professionals should be mindful of?
At the outset, I would say that there are far too many to really count. But there are some important ones which I would like to highlight, specifically litigation finance and cross-border enforcement and recognition.
Litigation finance is third party funding obtained by a company from a financier, to pay the litigation costs incurred during a dispute. A funder may also act as a general contractor to help strategies and manage the dispute and costs. This type of funding adjudges the value of legal claims even before they can be recovered before a Court or Tribunal. In this arrangement, the financier is entitled to an agreed share in the monetary settlement received by the company, and only if the litigation is favourable i.e. it is entirely non-recourse. While the Indian litigation financing industry is in a nascent stage, there is tremendous scope for this market in the country. There are now an association of major global players in litigation financing which have come together and formed the Indian Association of Litigation Finance.
Cross-border enforcement and recognition is somewhat an underlying secret. Usually, a party would straight up go and enforce and award and order in a jurisdiction where they have secured relief. In reality, things are very difficult and tricky. Enforcement and execution have since ages been a pain point for a judgment creditor and one which takes the most amount of effort. In my experience, it is very important to ensure that the lawyers are alive to challenges such as dissipation of assets and incognito preferential sale(s) since almost always the assets of a judgment debtor are in a completely alien jurisdiction or a tax-haven entirely unbeknownst to the creditors. This way dissipation of assets is carried out under the rug and the judgment or award is rendered as a mere piece of papers.
One advice I give all my clients is to invest in an investigative asset search exercise at the outset, and sometimes even prior to invocation just as a safety net to ensure that enforcement and execution is smooth. This has helped me in my career and luckily has served well for all my clients. I have been fortunate to have been part of teams where we have secured execution of judgment(s) and award(s) in as less as 3 months.
After years of practicing law in India, what motivated your decision to transition to Dubai and take on the role of Managing Director at Singularity Legal? Could you share some insights into the factors that influenced this move and how it has impacted your professional journey?
This was more of a personal choice rather than a professional one. I was well established in India and practiced regularly before the Supreme Court, High Court(s) and Tribunals, when I took the chance of going in-house. The only other thing then which was left was to try working in a different jurisdiction altogether. While I have been fortunate to have worked on disputes ranging across Europe, United Kingdom, United States of America and South-East Asia, I had not permanently moved my base.
With Singularity Legal it was an easy decision. Singularity Legal had been making great strides in the international disputes sector and I had been keenly looking at their growth. The chance to associate myself with an international disputes firm and grow the firm in a very interesting jurisdiction like the Middle East was an opportunity which comes to few lawyers and I grabbed it with both hands.
Another factor which played an important role was my inclination to work across jurisdictions. Since I have done a fair bit of international arbitrations and investor-state disputes, this was a playground which was far too familiar albeit with its own set of challenges. The challenge to make my presence and name while at the same time growing the reputation of the firm in an entirely new jurisdiction was exciting and invigorating at the same time. Fair to say that the last one year has been an eventful journey and I am glad that I chose to make the decision rather than sit in a comfortable cocoon after having spent 10 years building my name in the legal profession in India.
Your work spans across diverse sectors such as energy, maritime, aviation, and taxation. How do you stay updated with the latest developments and regulations across these industries?
It is an arduous task and one which every lawyer needs to embody in their schedule to ensure continuous growth and development. We are only as good as our knowledge. Lawyers like doctors never stop learning and studying. A few ways which I manage to keep abreast with developments across the various sectors in which I practice are:
Continuous Learning: I dedicate a fixed amount of time to ongoing learning through seminars, workshops, conferences, and webinars specific to each industry. These events often feature industry experts who discuss emerging trends, regulatory changes, and best practices.
Industry Publications and Journals: I also subscribe to industry-specific publications, journals, newsletters, and online platforms allows me to stay informed about the latest news, case law, regulatory updates, and market trends relevant to each sector.
Professional Associations and Networks: I have actively participated in professional associations and industry-specific networks. These are exceptionally useful not only as a networking platform but also to hone skills and gather knowledge across various sectors.
Research and Legal Update Tools: I constantly use various legal research portals to seif through updates in different industries as also jurisdictions considering I cover different territories. I cannot emphasize how important it is to go on these research portals irrespective of whether you need to research or not just to ensure that you read what the new cases are and what is the legal point which is being discussed.
The last thing which I do is no industry secret but one which I have taken from the practice of several leading luminaries through the last 11 years. This is to maintain a record of all the different areas of law where I have read an interesting point of law. At the same time, I also maintain a sheet which has a list of all the individuals whom I have met. These are my holy grail(s) and I would swear by every lawyer making a similar one for themselves. It is the most efficient reference point for me in time where I am stuck.
As the Managing Director at Singularity Legal, could you provide insight into your role and responsibilities within the firm, and how you contribute to shaping its growth strategies and operational efficiency?
As the Managing Director at Singularity Legal, I lead the operations of the firm’s Middle East practice group and work in a dual role. As a key member of the firm, my role and responsibilities are multifaceted, encompassing various aspects of legal practice, strategic planning, and operational management. I advise clients in my capacity as a counsel and at the same time I am involved with the growth team to increase the firm’s reach in the Middle East.
Operationally, it is imperative to ensure that time is chalked out for each activity especially considering the amount of networking activities that are going on across the Middle East. I actively engage in business development initiatives, including client prospecting, relationship building, and networking activities. By cultivating strong relationships with existing clients and identifying opportunities to expand our client base, I contribute to the firm’s revenue growth and market presence.
I actively engage in training and mentorship initiatives to support the professional development of junior associates and staff members. By sharing my knowledge, experience, and best practices, I help cultivate a culture of continuous learning and excellence within the firm. I also collaborate closely with colleagues across different jurisdictions to leverage collective expertise, resources, and synergies. Singularity Legal is an international disputes firm with offices across India, UAE and Singapore and by fostering a collaborative and cohesive working environment, I contribute to the firm’s overall effectiveness and success.
In today’s digital age, technology plays a significant role in various industries. How do you envision the coming generation leveraging technology to achieve success in the legal profession, and what advice would you give to young aspiring lawyers on effectively utilizing technological advancements to enhance their growth and expertise?
Embrace technology as a tool to enhance your legal practice rather than fearing it as a disruptor. Stay open-minded about exploring new technologies and learning how they can improve efficiency and effectiveness in your work. AI has made significant strides in each industry and it is only a matter of time that we lawyers are also subsumed with the AI bug. Already a lot of the international law firms have developed their own proprietary AI tools to assist in regular day-to-day functioning. Technology helps in upskilling an industry and one should only embrace it.
Investing time and resources in acquiring technological skills relevant to the legal profession as also growing aware of the recent technological developments in the legal field. It would be very useful to attend training programs, workshops, and online courses to develop proficiency in legal tech tools and platforms.
Stay informed about the latest developments in legal technology and be proactive in adapting to changes in the digital landscape. Follow industry publications, attend conferences, and engage with legal tech communities to stay updated on emerging trends and innovations. There is a huge Fintech boom and Legal tech is not far behind.
Collaborate with colleagues and peers to share knowledge, experiences, and best practices related to technology in the legal profession. Networking with professionals in legal tech startups, innovation hubs, and accelerators can also provide valuable insights and opportunities for collaboration. However, it is most important to focus on client value and use technology to deliver greater benefit to the client by offering innovative solutions, enhancing efficiency, and improving the overall client experience. Keeping client needs and objectives at the forefront of your technological initiatives is what will allow a lawyer to absolutely shine.
Amidst your demanding professional commitments, it’s important to find time for relaxation and rejuvenation. Could you share with us what hobbies or activities you enjoy to unwind and recharge after a busy day in the legal realm?
Absolutely, being a lawyer is a demanding and hi-octane profession and one which is extremely mentally saturating as well. I have always been very vocal about maintaining a good balance between professional and personal goals. One may be doing exceptionally well professionally but if they are struggling personally, it is not worth it.
I am a sports enthusiast and have tried my hands at multiple sports. However, football and golf are my go-to sporting activities to unwind. I have also recently found long-distance cycling to be a calming force which allows me to unwind amidst a busy and hectic day or week. Apart from these, I enjoy running and will be training to run the marathon this year.
How did you first become interested in pursuing a career in law, and what challenges you encountered during your formative years in the field, and how did you overcome them to establish yourself as a successful legal professional today? Also what inspired you to specialize in commercial litigation and arbitration?
Believe it or not I come from a science background. I was studying to become an engineer, and was doing very well. It was somewhere towards the beginning of my +2 where I realized that, along with a strong need for intellectual stimulation, I also required my sense of justice to be met. It was the marriage of these two that got me interested in pursuing a career in law.
The challenges I encountered in my formative years emerged from the point of view of being a first-generation lawyer. I needed to pick up various skills apart from the execution aspect, including working on people skills and the psychology of associates, seniors, juniors, clients, etc. The recruitment aspects for us first-generation lawyers are one of the most cumbersome, especially if we do not have strong financial backing. Building trust and reputation also requires an astounding amount of hard work confluenced with luck.
Another challenge that I faced was a complete lack of guidance. However, I can say that I have found some of my best friends philosophers and mentors—in my colleagues and my clients. This definitely helps.
It is this journey, filled with ups and downs, that has shaped me into the legal professional that I am today.
As far as commercial litigation and arbitration go, I would say again that it was a marriage of chance and my inherent skills. I was called to work with a commercial litigation and arbitration firm after I completed my internship there. After that, I would say there was no looking back.
As someone who is dual qualified and experienced in both Indian and English legal systems, how do you navigate the nuances and differences between the two jurisdictions in your practice?
I would say rather than navigating nuances, it forms a unique blend of expertise, enabling a comprehensive understanding of both legal systems. This comes in handy when navigating cross-border disputes.
It also helps provide me with a broad legal perspective to identify issues early on. My specialised knowledge of commercial and infrastructure disputes allows me to provide very tailored advice to clients.
Moreover, broadening one’s horizons also makes one appreciative of diversity, inclusion, and global perspectives, which is the only way to be successful in today’s internationally integrated business world.
You have an expertise in infrastructure and construction arbitration. How would you say these disputes are different from the usual disputes?
Infrastructure arbitration disputes are multifaceted in many ways that other cases are not. Most other cases have a single issue or, at most, a cluster of issues surrounding one transaction.
However, I would describe infrastructure disputes as “live” disputes. A construction or infrastructure project goes on for several years. During this time, there are several thousand correspondences that are exchanged.
There are usually several hundred, if not thousand, complex issues concerning the interpretation of ten to fifteen clauses of the contract together.
A lot of these contracts are based on FIDIC models, sometimes called the “Rainbow” suite, which in itself is a contract that, at first glance, appears quite complex. This is due to the different coloured covers of the model contracts, for nstance, the FIDIC White Book for the consultancy model agreement, the Red Book for Construction, Plant & Design-Build & EPC/Turnkey Contracts, etc.
Apart from the above, in cross-border infrastructure disputes, there can even be a pinata of parallel proceedings just waiting to explode the moment a proceeding is started.
Moreover, a quandary of technical issues would require the engagement of expert witnesses as well as factual witnesses. Expert witnesses are often key to winning disputes. Finding a good expert means that such a person’s technical knowledge on the issue cannot be shaken in any cross-examination. Usually delay and quantum experts are employed, but some issues require more nuanced expertise.
This is why I believe it is necessary to pre-empt issues and for clients to be involved with experienced counsels right from the contract correspondence stage.
With your extensive experience in handling disputes related to bank guarantees, what advice would you give to companies to mitigate such risks effectively?
The key to mitigating bank guarantee risks is to understand the ground reality of when an employer threatens to invoke a Bank Guarantee. This threat arises when the employer loses confidence in the contractor’s ability to fulfil contractual obligations, say due to delays, defects, too many disputes, etc.
At the stage when the invocation is a threat, it is important to immediately rush to legal experts well versed in the field. From this stage on a meticulous review of the underlying contract and the Bank Guarantee is required. Potential breaches, the existence of disputes, and evidence supporting the client’s position need to be documented to gain a detailed understanding.
After this, communication must be opened with the employer with a strong legal background and preparation. A middle ground needs to be found. Ultimately, re-tendering is an expensive proposition for an employer, and if the cost of having the client cure breaches is less than re-tendering and employing a new contractor, middle ground can usually be found.
During the communication stage itself, it is imperative to continue the background work of collecting supporting evidence due to the impending next stage.
In case mutual ground cannot be found and the employer insists on invocation, it is important to immediately move the court or emergency arbitrator to obtain a stay on invocation.
As an empaneled arbitrator, what do you believe are the key qualities required to effectively adjudicate disputes and maintain neutrality throughout the process?
I would say key qualities include a thorough grasp of the subject matter and legal principles; adept problem-solving abilities; meticulous attention to detail; impartiality and neutrality; strong communication and time management skills; and organisational acumen, all of which are essential for ensuring a seamless arbitration process.
In instances of international or domestic arbitration or mediation where significant cultural differences exist among the parties or between the parties and arbitrators, it is crucial for an arbitrator to be sensitive to these differences and remain adaptable. This underscores the importance of diversity and inclusion in arbitration.
Furthermore, an arbitrator must possess a comprehensive understanding not only of the technical aspects but also of how to draft an award that can withstand challenges, such as those under Section 34 or Section 37. Achieving this level of proficiency requires extensive training in crafting well-reasoned awards and a solid grasp of the grounds for challenging an award. By continually refining these skills and adapting to the evolving landscape of arbitration, an arbitrator can effectively meet the demands of the role.
I would also like to add that for specialised disputes such as construction, maritime, or infrastructure disputes, arbitrators with prior experience in these fields are much needed. Sometimes parties overlook these issues in technical matters, and these mistakes cost clients dearly.
In the realm of construction disputes, what kind of issues usually arise, what strategies do you find most effective in pre-emptively addressing potential conflicts and mitigating the risk of disputes during project execution?
The main problem in construction disputes arises from how tendering is done. The contractor with the lowest price usually wins. The terms of these contracts are quite onerous to the contractors, but they feel the need to make at least some profit.
The claims in construction contracts usually find their way in “variations”, “change of scope” and other changes to work. Claims also centre around rectification of Defects, eg. works not being in compliance with technical specifications, extension of time claims, centred around delay events causing critical delays in projects, basically having a ripple effect on time and cost, disruption, and acceleration issues.
One key strategy I have found works in construction disputes is the quality of correspondence. When the client notices that the other side has suddenly increased the quantity of correspondence or that the quality or tone of the correspondence has changed, they should expect that the other party has engaged someone like us for a certain impending issue. It is at this stage that the client should pre-empt disputes and address potential conflicts by engaging and developing effective strategies with their counsel early on in the dispute.
Often, it is mistaken that only the letters in a dispute are important. However, the multitude of emails exchanged and, of course, the messages exchanged on WhatsApp or chat give away certain key defaults on the part of the client.
Therefore, it is very important to have a legal expert on board from the outset.
With your background in international and domestic arbitration, what do you think are the emerging trends in dispute resolution, and how are they shaping the legal landscape?
It goes without saying that one of the key trends is Online Dispute Resolution. It is receiving increasing acceptance and adoption.
The legal profession used to be known for its resistance to change and holding on to traditions. The pandemic broke through the resistance of lawyers, judges and arbitrators against being online.
In today’s world, once dispute resolvers master the richness of the use of more creative models of dispute resolution, it brings about a lot of flexibility. Clients now have access to the best legal minds across the globe at the click of a few buttons.
Additionally, ODR and increased technology adoption are cost-effective and sustainable dispute resolution methods.
If these new trends are properly leveraged, it is a win-win for all stakeholders.
Beyond your professional pursuits, do you have any personal hobbies or interests that you find complement or enrich your legal practice?
Personally, I feel there is a need for legal professionals to disconnect from the chaos for some time each day and practice mindfulness exercises.
Apart from that, I also advocate some form of movement, such as exercise, which helps lower cortisol levels.
I also enjoy activities such as painting or other creative pursuits, which help me relax from the highly problem-solving and compulsive nature of our profession.
You’ve been recognized for your work in advising startups to Fortune 500 companies. Can you elaborate on the specific challenges and opportunities you encounter when providing legal counsel to such a diverse range of clients?
I would say tailoring legal advice to suit the specific needs and resources of each client. Startups often operate on limited budgets and may require more cost-effective solutions, while Fortune 500 companies typically have more complex legal needs and resources to address them.
Startups are often at the forefront of innovation, requiring legal counsel to be proactive and creative in addressing novel legal issues. On the other hand, Fortune 500 companies may require in-depth knowledge of specific regulatory frameworks and industry standards, which can be intellectually stimulating and rewarding.
Being a chameleon to suit the needs of the client is key.
lawyers and arbitrators who aim to make a significant impact in the profession? Considering your extensive experience and achievements in the legal field, what advice or tips would you offer to the upcoming generation of aspiring
One thing is that the current legal industry, or, I would say, the big guns, remain old-school in their practices.
However, today, the traditional methods of working or rainmaking will not stand the test of time. There is a need to recognise that the legal industry is evolving and that the traditional linear path is no longer ideal to settle into and retire from.
The upcoming generation needs to understand what drives them and to latch on to that passion. This informed passion should guide their big picture worldview, which does not need to be restricted to the traditional models of legal areas.
Aspiring lawyers and arbitrators must appreciate that we each need to embrace our own unique qualities and drive our own course in the legal profession. We no longer need to be limited by inherited models of law practice.
As a recipient of the “Pioneering Women Leadership Award,” what initiatives or changes would you like to see in the legal profession to promote greater diversity and inclusion?
Despite the diversity seen in law schools today, I see that it is not translating to the legal industry as much as one would like. There is a clear disconnect.
Structural issues are present with many law firms. There is an urgent need for diversification in the legal profession. Representatives of various communities, having a diverse set of values and experiences, enrich any solution that a legal professional is trying to look for.
It would truly be foolish to have all this talent and not utilise it to its fullest potential.
Therefore, it is very important that the government, the bar, the bench, and large established firms avoid monolithic defence mechanisms that prevent diversity. Steps need to be taken to promote diversity, not due to an obligation but from the recognition of a compelling business need.
Could you share a pivotal moment or experience that led you to pursue a career in law, particularly in dispute resolution and arbitration?
Choosing a career in law was a natural process as I chose it to follow my father’s wish to become a Barrister. Again dispute resolution especially arbitration was something I was introduced to at my very early ages. Since my father was into construction of ports, dam and road projects, the word ‘arbitration’ was often heard during family discussions. I was encouraged to go through the arbitration cases of my father and also participate in the meeting with his lawyers. The pivotal moment was when I was asked to conduct a cross examination of a witness in an arbitration matter soon after I had become a law graduate.
Your expertise in handling international commercial arbitrations is well-known. What initially drew you to specialize in this area of law, and how has your experience evolved over the years?
Handling international commercial arbitration is the most exciting part in the career of an arbitration lawyer. Attending international conferences on arbitration law opened up a new gamut of arbitration practice. The interaction with foreign lawyers from different jurisdictions was a great opportunity to broaden one’s knowledge base and delve into a field of law which is more challenging and stimulating. Over the years the experience has been enjoyable and fascinating. Every case teaches you to work harder, read more on the subject and the need to conduct in depth research on legal issues involved.
With such a vast knowledge of Indian law, what strategies do you typically employ when approaching complex disputes, particularly those involving contractual matters?
It is important to be thorough with the facts before reading up on the law. Without being well versed with the facts of the case it is difficult to succeed in contractual disputes. The more complex the case, the greater is the need to simplify the facts and the issues involved. The handling of documents and being aware of the case bundles is extremely crucial. The entire process requires forming of strategies and changing them if need be, as one goes along. It is necessary to keep evolving new strategies and to be flexible and receptive to clients feedback and comments.
Your achievements include winning plaudits for your thorough knowledge of contractual disputes. Can you elaborate on how you stay abreast of the latest developments and intricacies in this field?
One way to achieve it is to attend lawyers conferences on the subject, not limited to one’s own jurisdiction but also overseas. It is also necessary to read more judgments on the subject and also arbitration awards rendered by arbitral tribunals. Reading and publishing articles on the subject necessitates carrying out in depth study on the issue and an important means to staying abreast with topics.
As someone with extensive experience in construction arbitration, could you share some insights into the unique challenges and considerations involved in this type of arbitration work?
The biggest challenge in handling construction arbitration is handling the large volume of documents. It is of paramount importance to know which type of evidence would be relevant and necessary to corroborate your client’s case. A decision to lead oral evidence must be carefully thought of, and well considered with due consultation with the client. Clients may insist on expert evidence being presented before the arbitral tribunal but the decision whether to opt for expert evidence should always be that of the lawyer. This decision, considering the Indian scenario, should be taken after thorough understanding of the psyche of the arbitral tribunal.
Given your involvement in drafting arbitration rules and conducting certificate courses on arbitration and dispute resolution, what do you believe are the most crucial aspects for aspiring lawyers to understand in this field?
The rules are there to simplify procedures and this is exactly what lawyers should be doing when handling a matter. No judge or arbitral tribunal encourages complication of the already complicated disputes between the parties. It may seem a very easy task to achieve but it is perhaps the hardest and most difficult skill to hone.
You’ve authored two full-length books on arbitration in India. What motivated you to undertake these projects, and what key messages or insights do you hope to impart to your readers?
Writing books on arbitration is nothing but a means to expand one’s knowledge in the field. The process involves in depth reading and research on the subject. At the end of the process it is not the reader but the author who gains more knowledge who then is keenly waiting for the reader to achieve the same status. To take up this path, it is imperative to have the desire to learn more, the interest to explore and to work hard till one reaches the point where one is ready to write down the first word of the first chapter of the book.
Lastly, based on your wealth of experience and achievements, what advice would you offer to fresh graduates aspiring to pursue a successful career in law, especially in the realm of dispute resolution and arbitration?
Fresh graduates are normally overwhelmed by the success stories of lawyers who they interact with or come across. But more than being enamoured by their success stories it is their journey and hard work which should act as an inspiration and be a source of motivation. There is no instant success in arbitration and continuous dogged hard work without expectation of reward is the key to a successful career. I do understand that it is very easy to say, one should be hard working but more difficult to find the opportunity to do that hard work especially for fresh graduates. However, being resolute is an extraordinary temperament to have. Lastly, as the great Fali Nariman said, never stop being a student of law.
Could you walk us through your journey from completing your LL.B. to specializing in corporate compliance and dispute resolution, particularly in arbitration?
After completing the 5 yr LL.B. (H) program I joined a law chamber for about a year. The idea was to get an exposure to the trial work and gain an understanding of the ‘real world’ dispute resolution system. I remember on the first day of law school our constitutional teacher told us “you will spend 5 yr in law school to learn certain things that you will spend the next 1 year unlearning when you start practicing”. It was quite true. In fact interacting with a client and analysing facts to understand his underlying desired outcome is something I started learning during that period. I also wanted to add work experience before applying for LL.M. to improve chances of getting admission to a good university. During the LL.M. my focus was on ADR and business transactions. The classes on ADR introduced me to the advanced Mediation process being followed in the US at a time when Mediation was still not considered an effective alternative here. The Arbitration law had undergone a generational shift a few years ago and it was early days. The classes I took in LLM helped me grasp universally applicable principles in Arbitration which helped me when I came back and gradually focussed on ADR practice. Over the years working with several good corporate clients we realised that they were focussed on being legally compliant and always needed legal advice to avoid any pitfalls. I guess I kind of developed the necessary expertise to address the regular compliance issues of clients.
What motivated you to pursue a Master of Laws (LL.M.) degree with a specialization in ADR and international business transactions law at the University of Southern California (USC)?
The idea of doing LL.M. from a foreign university is not only to learn but to also develop additional skill sets and make new connections. Most of the faculty are practicing professionals from top tier firms and share the industry specific best practices. At that time there was a lot of focus on Bharat and with a lot of cross border transactions there was a growing market in the US for lawyers with working knowledge of Indian law and understanding of the legal ecosystem here. With the major focus on Arbitration as a dispute resolution option, the International ADR course seemed a logical extension of being prepared for practicing in that area. Unfortunately, the subprime mortgage crisis led to a prolonged economic downturn and cut short the plans to work on transactions but being taught ADR by some of the best faculty motivated me to focus part of my practice area on Arbitrations. It only helps to service clients today with a global presence as I am still connected to my fellow classmates from the LL.M. program who are based in Europe, Middle East and SouthEast Asia.
Your work involves representing both private and public sector corporations (PSU). How do you navigate the differences in handling legal matters for these different types of clients?
Whether you represent a government entity or a private party, a counsel’s approach towards finding a solution to those disputes remains largely the same. However, there is a wide difference between the two sides when it comes to the work culture and decision-making process especially when it comes to matters related to litigation or Arbitration. Whether its negotiating contracts or working on case strategy the private client is either more willing to settle with a reasonable outcome or pursue legal options up to the Apex court but there is finality in the decision making, however when it comes to PSU client we have to weigh the slow decision making process and also impact of any policy decisions made by government on the strategy being followed. We also have to understand that decisions for PSU clients are impacted by legal costs involved as it will burden the exchequers ultimately. I must add that though some lawyers may feel less incentivised to pursue government side work however, I feel that working on the government side allows one to get great exposure to a variety of complex legal problems and it is also a matter of great pride as one gets to be of service to the public in a way.
Could you share a particularly challenging case you’ve worked on and how you approached resolving it?
Every case comes with its own sets of challenges and in fact sometimes a case involving most basic issues can throw a completely new challenge at you at any stage of the case. Once a client came to us who was a defendant in a claim involving recovery of money which he was unable to pay due to the financial crisis. His right to cross-examine had been closed by the Court due to failure on part of his legal team, therefore he was clearly facing an adverse outcome ultimately. We were able to get the appeal admitted on legal issues and also conveyed our willingness to the court for closing the matter for a reasonable settlement. Since our client had previous long standing business relations with the plaintiff, I advised him to have the settlement discussion with the management of the plaintiff directly and fairly convey his difficulty and work out a structure for making reasonable payments over a period of time which included a large chunk of interest accrued. During the hearing the Judge appreciated the genuine effort being made by us and understood the financial distress caused during Covid period and prevailed upon the plaintiff to accept a reasonable payment structure. It ultimately saved our client from going out of business.
You’ve been heavily involved in advising on labour and HR compliance, as well as issues related to Sexual Harassment at Workplace (POSH Act). What are some common challenges you encounter in this area, and how do you address them?
Most common challenge we face when it comes to HR related issues is that there is a lack of awareness about the enforceability of various clauses that are put in contracts or conditions in the HR manual being followed by the entity. Sometimes the policies put in place are outdated and not in sync with the current legal scenario. Another issue we see is non implementation of policies across the offices in different places of the same company. For example, some organisations have policy for Maternity benefits under the Act but their implementation varies depending on the location and economics involved. When it comes to POSH related issues, I feel that implementation of the law in its true spirit is missing. Sometimes even the top management is not sensitized enough to understand that training sessions are not meant for female coworkers only but requires equal participation from male coworkers as well. I think the law itself requires to be redesigned to address some of the grey areas, the current issues and evolving work culture. But there is a serious need to at least have a system for enforcing the provision, as they exist, so that it is followed uniformly in every organisation / entity covered under it.
Your involvement as a certified Mediator and being empaneled with various legal bodies is impressive. How do you balance your role between advocacy and mediation, and what benefits do you see in offering both services to your clients?
I am a certified mediator empanelled with the Delhi High Court Mediation and Conciliation centre called “Samadhan” as well as the Mediation cell with NCDRC. In my 6-7 years of experience in mediating a range of disputes, I have realised that settling disputes through mediation is much more fulfilling professionally as it helps the litigants with timely relief compared to endlessly litigating with greater costs and worsening relationships. As a mediator, I do not have to think about the interest of only one party as there is no side to choose and the ultimate goal is to help parties in reaching an amicable solution to the entire dispute. While at the same time the process helps me in honing the negotiation skills as well.
I must confess that many of our colleagues believe that mediation is antithetical to a lawyers’ dispute resolution practice which is incorrect. In fact being a certified Mediator helps me in advising the client holistically. I always initiate a counselling session with the client to understand their underlying expectation of the outcome of either a negotiation or litigation with the opposite party and use mediation skills to help them understand their best-case scenario in case of failure to settle. The process helps the client to have a realistic assessment of his case and the actual time and costs involved. The ever growing importance of mediation was highlighted by the CJI Hon’ble DY Chandrachud at the National Conference on Mediation held last year, who called for a ‘Youth-based mediation’ and even J. Manmohan, the current acting Chief Justice of Delhi High Court remarked that mediation be made a part of curriculum for students as early as possible to ‘catch them young’.
I find mediation to be very rewarding and I hope more lawyers consider taking up mediation as a prominent part of ADR practice. In fact at a recently concluded Arbitration event, Hon’ble J. Sanjiv Khanna, Judge, Supreme Court of India remarked that some mechanism needs to be evolved to merge mediation process with the Arbitration Act in order to have a quick, party-driven dispute resolution mechanism.
With nearly 17 years of practice, what changes have you observed in the legal landscape, especially concerning arbitration and dispute resolution, and how have you adapted to them?
Arbitration proceedings in India were very different prior to the amendments introduced in 2015. Though the time consuming issues were addressed but still it was fraught with difficulties that made it challenging to obtain the arbitral award and far more challenging to execute it. Now with last amendments and a proactive approach by the bench over time, we are able to see arbitration proceedings working close to its objectives of being quick and efficient. However as recent decisions have shown, that many issues involved are still getting adjudicated and will take some more time to authoritatively address many complexities in interpretation of the clauses and unfettered powers of arbitrator which sometimes lead to situations where outcome in similar situations are not based on legal principle but on the understanding of particular arbitrator. I believe that greater push is rightly being made by the government towards institutional arbitration in the country to bring some sort of uniformity in the whole process.
When it comes to the dispute resolution system, I believe the greatest change brought in recent years is through complete digitisation of the court records especially in Delhi High Court and the availability of virtual hearings which has truly taken the justice delivery to every doorstep. As lawyers, efficiency and productivity of our practice has immensely grown due to the above changes and in almost all the Arbitrations I am involved in they are being conducted through virtual platforms. I believe that the continued promotion of digitisation of courts led by the Hon’ble Supreme Court and equally adopted vigorously by the Hon’ble High Court is commendable and deserves appreciation.
As a member of various legal associations and advisory boards, how important do you think networking and community engagement are for legal professionals, and what advice would you give to those looking to establish similar connections?
Aristotle is famously quoted for saying “Man is by nature a social animal” I believe he was thinking of lawyers when he said it! But on a serious note, I think networking for lawyers is as important as any other skill and maybe some have used it exceptionally to be quite successful. Not only does a good network allow one to bounce off different ideas and broaden their own horizons but can also help by opening doors for more opportunities and growing as a professional especially when it comes to young lawyers. I think young lawyers who are not part of lawyer networking events should try to attend conferences and lectures as much as possible which can help them with finding an opportunity or connecting with the right mentor. Also take up the membership of at least a couple of associations even if they are not connected with any particular court. Being a member of various bar associations especially at Delhi High Court has helped in connecting with colleagues over various sports activity or cultural programs and seminars which are organised regularly and in fact are equally supported by the bench also.
Can you walk us through your journey into the field of law? What inspired you to pursue a career in law, and could you share some insights into your college experience and how it shaped your professional path?
Since my 8th standard I always wanted to be a Lawyer. My father is in the uniform job, hence serving the nation and the community in the best possible way runs in my upbringing and in my blood. I am an Alumni of Guru Gobind Singh Indraprastha University. Law college no doubt is the first step into our legal journey and it is not a common Graduation that we pursue, it is a professional degree hence the approach should also be professional. I was fortunate enough to get the best faculty in the city and that too through my 5 year programme. Till date my professors are torch bearers in the legal field as well.
As someone who has pursued diverse disciplines in law, what sparked your interest in becoming a mediator and arbitrator alongside your practice as an attorney?
ADR I would say is not the Alternative Dispute Resolution Mechanism, rather is the Appropriate Dispute Resolution Mechanism System. Serving my clients with their legal battles for years and seeing them suffer emotionally, financially, physically sometimes (irrespective of the outcomes or reliefs they get from the Courts), ADR is the swiftest way to resolve disputes. Cases that take decades in courts can be resolved in a few months through Mediation or Arbitration. Being a Mediator or an Arbitrator satisfies not only the pocket but the soul as well! (On a lighter note!)
You’ve delved into various areas of law, from matrimonial disputes to trademark matters. Is there a specific field that you find most fulfilling, and if so, why?
I feel a perfect lawyer is the one who is a Master of all the fields. He should be able to serve his client with all principles intact. I find Matters pertaining to women to be most fulfilling. Since then, the legislative has made several laws purely for the protection of women. Hence, striking the balance of their rights and duties towards their families and spouses etc. and proceeding with them in the right direction is really challenging and fulfilling at times.
As a former prosecutor and now an advocate, what advice would you give to aspiring legal professionals who aim to make a positive impact in society?
One who knows the law well knows how to use it to suit his client. Sometimes it may go against the lawyer’s ethics. In such circumstances one must listen to their heart and proceed. As a young prosecutor, there were many challenges before me, such as dealing with the police machinery etc, but when you know the law and your cases well, no one can mess it up against you. One should always keep the head and the heart in Sync-mode and you become an asset to the society.
With your expertise in alternative dispute resolution, what role do you see technology playing in shaping the future of legal proceedings?
With the coming up of the Online Dispute Resolution ( ODR-ADR) mechanisms, disputes can be resolved at any place and at any time. AI apps like Peacegate etc. help in resolving disputes in a smarter way and the disposal rate is absolute. Post COVID technology has served several purposes, even hearings are being done virtually which saves a lot of time and money.
As someone who has judged various moot court competitions, what qualities do you look for in aspiring lawyers and mediators?
One must be sound in various fields of law and must be willing to serve the society. Sitting across the table with an open head and heart and helping the parties to navigate the disputes to resolutions is the only skill a Mediator should ace!
Outside of your legal career, what are some of your favorite hobbies or activities that help you unwind and recharge? How do you find balance between your professional and personal interests?
Being a mom of two young daughters is my hobby! And beyond that I love to meditate. This helps me rejuvenate energies and help me find balance in life. I love to travel, I have travelled to several countries, different cultures, and people attract me a lot. It helps me recharge and find a purpose in life.
Reflecting on your educational journey, how pivotal were your internships in shaping your understanding of the legal profession? Could you share a particularly impactful experience from your time as an intern? Also how important is internship in shaping anyone’s career path?
Internships are indeed an integral part of the legal curriculum. It is through these internships that I could locate my interest in the legal field. The best of my internships was in my second year, where I worked with the Delhi Legal Service Authority at the Tihar Jail. I got the opportunity to
interact with the inmates and help them with their cases. This helped me to dream about becoming a Prosecutor and represent the State.
Balancing multiple roles as a legal practitioner, mediator, arbitrator, and trademark attorney must require excellent time management skills. Could you share some strategies or routines you employ to effectively manage your time and responsibilities?
It is indeed difficult and you get exhausted at the end of the day but effective time management is the key and above that a team of equally efficient and trained lawyers to work beside you is an asset. I am fortunate enough to have such people associated with me and hence working alongside becomes easier. Also fixing days for specific forums or courts can prove to be helpful too.
