Can you tell us about your journey and how you ended up pursuing a career in law? What inspired you to specialize in arbitration law?
My father was a renowned Senior Counsel and at some point in my early years, I was intrigued to choose law as a career. However, I was still going back and forth in making a final decision. I, then met some people from America in Mumbai who had major on-going arbitrations with ONGC. Frankly, the fees that was offered to me as a Junior Counsel was so lucrative that I was immediately attracted to handle arbitrations for them. Yielding successful results for my clients, they recommended my name to a large number of international companies that had their base in India. So, I started getting a lot of international arbitration matters as a Junior Counsel in India.
Graduating with a Gold Medal from Bombay University is a remarkable achievement. How did your academic background influence your career path in law?
Receiving a Gold Medal from the Bombay University dissipated all the uncertainties I previously had, as it gave me the confidence that I obviously had the necessary skills for the legal profession and got even more determined to pursue law as a career.
You completed your degree in Law from the University of Cambridge, UK. How did studying abroad shape your perspectives on law and arbitration?
While studying in Cambridge, I learned how to carry out an in-depth analysis of legal cases. In those days, we did not have NLUs (National Law Universities) and only had very few law colleges, where they opted for a rather standard approach to legal studies. Cambridge taught me how to go about the subjects and understand the very core and nexus of the subjects with a certain amount of depth.
As the Founder and Managing Partner of Advani Law, you’ve become a highly regarded authority on arbitration law. Could you share some key moments or experiences that helped you reach this position?
I had desired to become a Counsel in the Bombay High Court, however, by sheer coincidence, my clients from America, with whom I had developed a long term association, suggested that I establish a law firm as large corporations usually preferred to engage law firms instead of lawyers in their individual capacity. With this understanding, I decided to start my law firm, Advani & Co. It was a very exciting journey, as all international companies I worked with made me travel around the world for many complex arbitrations. I found the work so exhilarating that I decided to focus on international arbitration instead of confining myself to courts in India.
You’ve been actively involved with various arbitral institutions, including SIAC, KLRCA, LCIA, and others. How did you become a member of the SIAC Court, and how has this involvement impacted your career?
I appeared in an arbitration before Michael Pryles, who later became the Chairman of Singapore International Arbitration Centre (SIAC) Court. He found that I would be a suitable candidate for spearheading arbitration work in India. It did not seriously impact my career until the SIAC Board started appointing me as an arbitrator alongside retired Hon’ble Chief Justices and Supreme Court Judges of India, with me being the presiding arbitrator in most cases. Therefore, my career grew as an arbitrator alongside my role as a lawyer.
Serving as the first President of the Indian Arbitration Forum is a significant accomplishment. Could you share some of the challenges and rewards you experienced during your tenure?
There were some conferences in Singapore that I was unable to attend, however, several of colleagues had attended the same and suggested my name as the first President of the Indian Arbitration Forum (IAF). When I arrived from abroad, I was informed that I was the first President of the IAF. I attempted to create an Arbitration Bar, but I was not very successful as more lawyers were not treating arbitration as a specialty at that time. So after several years, I deem its best to be left for the younger lawyers to create an Arbitration Bar for international cases.
Your expertise lies in both Commercial Domestic and International Arbitration. What sparked your interest in working with global players in the oil and gas, infrastructure, construction, and renewable energy sectors?
During the early 2005’s, I was handling the cream of international arbitration work in India. However, from 2005 onwards, all major arbitrations were going to international law firms. Consequently, I started taking on domestic cases where the stakes were higher, and Indian companies began paying more than before.
Enforcement of Awards and Foreign Decrees can be challenging, especially in India. How have you and your firm successfully navigated and enforced international awards in the country’s legal landscape?
Many international law firms are familiar with us and approach us for the enforcement of international arbitration awards and decrees from their courts. As for enforcement overseas, we engage law firms we have known in that territory for a long period of time, as we don’t have an active role in enforcing awards outside India.
You’ve been invited to speak at various organizations, both locally and internationally, on arbitration-related topics. How do you approach these speaking engagements, and what key messages do you aim to deliver to the audience?
Currently, for the last two years, there has been opposition and dissenting views with regards to whether non-signatories can be made party to arbitration proceedings. I strongly believe that Indian courts have taken a proper view that non-signatories can be made a party. Although this view is unpopular in England and Singapore, both of which are common law countries, I believe India has taken a lead in this regard. I have actively promoted this perspective in all the arbitration conferences where I have been a speaker in recent years.
With your wealth of experience in the legal profession, what advice would you give to fresh law graduates who are aspiring to pursue a career in arbitration or dispute resolution?
My first piece of advice to aspiring arbitration specialists would be to gain experience in trial courts where cross-examination is critical. Most high courts do not provide such experience. After gaining experience in trial courts across the nation, you should focus on gaining experience in the High Courts, particularly regarding Section 34 for setting aside awards, as nearly every arbitration in India is challenged in the courts. With experience in both of these areas, you will be well-prepared to establish yourself as an arbitration specialist, handling both international and domestic cases. It’s important to understand that in international arbitrations, you need to collaborate with a lawyer experienced in international arbitration, as they operate quite differently from domestic arbitrations. Armed with this experience, you can confidently handle arbitrations worldwide.
Please tell us about your journey in the field of law and how you ultimately specialized in alternate dispute resolution, international commercial and investor arbitration, and public international law?
I grew up mostly in Mumbai, India, but I received a full scholarship to do my undergraduate studies in the United States. While my first degree in Economics gave me a solid basis for understanding how the world works, I subsequently pursued a law degree with the idealistic, energetic goal of trying to change how the world worked, in particular, addressing inequities between the Global South and the Global North.
While in law school, I took all of the core and foundational classes, but chose my electives to be different international law classes, such as trade law, law of the sea, human rights. Those classes set the stage for my subsequent career in international dispute resolution.
You’ve worked with various prestigious law firms and organizations throughout your career. How did each of these experiences contribute to your growth and expertise in the field of international law and arbitration?
Receiving an offer to serve as a law clerk to H.E. President Rosalyn Higgins at the International Court of Justice during the 2005 to 2006 judicial term felt like being at the pinnacle of my career at its very start! The ICJ is colloquially known as the “UN Court” or the “World Court.” The Court’s docket was full during my term. I worked on armed conflict between the DRC and Rwanda, transboundary environmental issues between Argentina and Uruguay, and the massive Genocide Convention case between Bosnia and Serbia. The clerkship confirmed for me that I wanted to focus on international law disputes in some fashion.
Accordingly, I submitted applications into the UN system online for all open vacancies in international law. Those applications—painstakingly prepared—would vanish into the ether. I usually never heard back or would hear back over a year later that the vacancy had been filled!
However, I had success with one application (and all it takes is one!). In 2007, I relocated to Freetown, Sierra Leone, to work as a Legal Officer at the Special Court for Sierra Leone. The tribunal had been established to adjudicate responsibility for the war crimes committed in the country during its conflict. The experience was eye-opening. Substantively, I learned about the application of international criminal law and working at an international organization. Personally, observing the plight of the survivors and victims of the atrocities instilled in me that we should always try our best to achieve the greater good.
Still, I was not sure I was ready for a long-term career as an international civil servant. I wanted to explore the rigors of private practice with the goal of becoming a better-trained lawyer. I chose from various offers to join the International Arbitration Group at Freshfields Bruckhaus Deringer, one of the best arbitration practices in the world, just before the Great Financial Recession hit in September 2008. While at Freshfields, I got to work on some of the most complex investment and commercial arbitrations, particularly in the energy and extractives sector, such as Libananco v. Turkey, Burlington Resources v. Ecuador, and ConocoPhillips v. Venezuela. Additionally, I did a ton of pro bono at the firm, representing individuals in asylum proceedings and providing legal advice on international human rights to prominent NGOs. And, in my spare time (I did not sleep much, admittedly, when younger!), I was teaching at Columbia Law School.
I felt that I had the best of all worlds—I was stimulated by complex commercial work; my matters had purpose; and I was able to interact with the best arbitrators in the world (Jan Paulsson! Lucy Reed!) and the best young minds as well at Columbia Law School.
As a Partner at Milbank, you’ve been involved in a wide range of commercial arbitrations under various arbitral institution rules. Could you share with us a particularly challenging case you’ve worked on and how you navigated its complexities?
To date, I have represented the government of Türkiye in five investment arbitrations over the course of my career. Two cases stand out for me: Cascade v. Republic of Turkey, ICSID Case No. ARB/18/4, and Ipek v. Republic of Turkey, ICSID Case No. ARB/18/18. Of course, I cannot discuss anything that is legally privileged and/or confidential from those two matters. But just a quick search in the public domain will reveal that these two disputes were profoundly important to Türkiye. At a high level, the matters concerned the failed coup d’état of July 15, 2016, and pitted the Erdoğan administration against the followers of Fetullah Gulen. So, issues of national security, terrorism, politics, and free speech were directly relevant to the two arbitrations. Turkish outlets reported on these arbitrations as a fight for the heart and soul of Türkiye!
After several years of intensely fought arbitration proceedings, Türkiye prevailed in both matters on jurisdictional grounds. The tribunals found that the investors had committed an abuse of process by restructuring their investments to avail of bilateral investment treaty protection at times when their disputes with the government were underway or reasonably foreseeable.
These were immense victories that required me and my team to identify the legal elements of Türkiye’s defenses, and then marshal the evidence to demonstrate to the tribunals why those elements had been satisfied with the requisite burden of proof. With regard to evidence, no stone was left unturned. We reviewed publicly available sources extensively; interviewed government officials and witnesses from different ministries and agencies; and identified true experts who could opine on key issues related to the underlying matters. But being technical about evidence is insufficient. You have to present the facts and evidence in a narrative that is compelling, persuasive, and convinces the tribunal why to rule in your client’s favor.
Your involvement in investor-state arbitration is quite notable, representing energy majors against several countries. Could you elaborate on the unique challenges and strategic considerations involved in these cases?
Yes, I have represented investors in high-profile energy and mining disputes against governments all over the world, including Argentina, Azerbaijan, Bosnia-Herzegovina, Bolivia, Ecuador, Italy, Mexico, Nigeria, Peru, the Philippines, the Russian Federation, Timor-Leste, Uruguay, and Venezuela. I have also been instructed by several governments in their investment arbitration disputes. These cases can be very complex because of the multiplicity of government actors involved (for example, the Ministry of Energy may be the focal point, but acts by the President’s Office, the Ministry of the Environment, the Ministry of Foreign Affairs, and the Ministry of the Economy may also be relevant). Government actors change over time, bringing in another layer of complexity. Additionally, the heart of the dispute may not just be about politics (for example, reclaiming sovereignty over natural resources as the public policy goal of a government) but also economics (for example, high oil prices prompting implementation of windfall profit taxes or increased royalty rates).
Good lawyers in this field will be versatile in their strategy, looking at how best to play the cards their clients have been dealt. You likely will have to be technical (for example, reviewing administrative agency decisions to understand how environmental regulations relating to energy projects are implemented by local actors), creative (working with experts to construct a model of how the project would have been implemented but for the government’s alleged wrongful act), and comprehensive (seeing the story not just from the perspective of the government and the investor, but also impacted local communities and future generations). Ultimately, you have to understand the big picture yourself, and then figure out how to present that big picture to the tribunal clearly and compellingly.
Besides your legal practice, you’re also an Adjunct Professor at Columbia University School of Law. How does teaching influence your own legal work, and what insights do you gain from engaging with students?
I have been teaching as an Adjunct Professor at Columbia Law School for 14 years now, and I absolutely love it. First, I went to CLS to obtain my JD, so being back on campus reminds me of how much I enjoyed my legal studies (and takes me back to my early 20s!). Second, preparing for sharp, probing questions from my students keeps me on my toes. I have to make sure I am fully up to date on the latest in international arbitration and am not just teaching from an outdated playbook. Finally, listening to their views and perspectives makes me a better lawyer. They may suggest novel ways of addressing a problem because they do not have preconceived notions.
You’re actively involved in various organizations focusing on international justice, business and human rights, and more. How do these extracurricular roles complement your legal career and contribute to your personal mission?
I went to law school with the idealistic goal of helping to make the world a better place! Therefore, it has always been very important to me to be active in pro bonomatters to help serve those who cannot afford access to justice. I still remember the full panoply of emotions I felt as a second-year lawyer when I was able to secure asylum for my then-teenage client in the United States when he fled persecution in Colombia. (He subsequently obtained his undergraduate degree from New York University and is now a successful teacher!).
Given that I spend my time practicing public international law and international arbitration, I focus my pro bono and philanthropic efforts on those two areas where I have a comparative advantage. That translates into work on international human rights and international justice. I am proud to serve on the Board of Directors of The Global Justice Center, which focuses on gender-equality in post-conflict societies that is achieved through legal advocacy. I am also a Director of International Independent Legal Advocates, which helps to level the playing field for developing and small countries who are negotiating complex multilateral treaties and lack the resources and time needed to be effective negotiators.
By the way, all this work reinforces my own billable legal practice. I am often approached by corporations or governments to work on commercial disputes that might implicate human rights issues. For example, many of my extractives and energy matters concern not just economic issues of supply, demand, prices, force majeure, taxes, etc., but also environmental issues and consideration of impacted stakeholders such as indigenous communities in the relevant areas. Some of the relevant experience I have gathered to take on these matters comes from my pro bono practice.
You’ve been recognized with numerous accolades and awards for your contributions to the field. How does this recognition affect your approach to your work and your commitment to advancing international law and arbitration?
You are kind to mention that I have received accolades for my work in international arbitration and as a lawyer generally. I am always grateful for recognition from my peers, clients, and others for the work that I am doing. And, at an earlier stage in your career when you are still establishing your bona fides, external accolades and awards can help convince clients that you have the wherewithal to lead their complex matters.
Ultimately, though, it is the work that matters. Recognition usually comes from doing good work. Doing good work usually requires hard work, dedication, and, frankly, plodding. I spent many late nights focused on the task at hand—preparing for hearings, finalizing briefs—instead of dreaming about awards! But I enjoy the “doing,” and the rest that might follow—recognition, accolades, whatnot—is (very enjoyable!) icing on the cake.
Lastly, with your extensive experience and success in the legal field, what advice would you offer to fresh law graduates who are just starting their careers, particularly those interested in pursuing a path similar to yours in international law and arbitration?
Here is what I can suggest based on my experience.
First, be flexible. I spent the summer between my first and second years of law school doing project finance at Milbank. This seemed like a sensible practice area given that I was interested in development work and thought I would return to India/Asia to work. However, I realized that I was more inclined to be a disputes lawyer, which led to the career I have described. But now, two decades into my career, I am back at Milbank leading the international arbitration group. Unsurprisingly, I spend a lot of time working with my project finance partners—but am not part of the project finance group! After all, some of the mega projects that Milbank’s project finance team work on could run into disputes, either with the government (giving rise to investment arbitration), or between project company and contractors/subcontractors (giving rise to construction arbitration), or between the project company and offtakers (giving rise to commercial arbitrations). You never know how the story might unfold.
Second, always, but especially when you are in the early stages of your career, be open to possibilities. Within five years of graduating from law school, I had clerked at the International Court of Justice, served as a Legal Officer at the Special Court for Sierra Leone, and been a mid-level associate at a top law firm doing international arbitration. While I always had an eye to the future, I focused primarily on what I could learn from each of those amazing opportunities, which were all different from each other. The result was a broad training in international law, on which I have built my private practice.
Third, try to get the most out of what is immediately in front of you, avoiding a “what next” way of thinking. I was – and am! –ambitious, which sometimes translates into wondering what lies around the corner. But the most enjoyable moments of my career are when I lose myself in my work—editing a complex section of the brief, preparing for and then undertaking a cross-examination at a hearing, reading the material and then engaging my students on the latest developments in international arbitration.
Relatedly, choose to do things because you enjoy them and not always because they could translate into career success. For example, I studied conversational Spanish with a Venezuelan refugee in The Hague when I was clerking at the International Court of Justice out of a love for the language (based on reading English translations of books by Isabel Allende and Gabriel García Márquez in college) and a desire to work with refugees in the United States when I completed my clerkship. Little did I know that my Spanish would come in handy later on when I embarked on several major investment arbitrations involving South American governments!
Fourth, do not be too hard on yourself. A successful career is one that is built over time. There will be ups but inevitably there will also be downs. Some of those downs will be the consequence of things you cannot not control, at least in part. Do your best based on the circumstances you find yourself in to change what you can and let go of the rest.
Please share with us your journey into the field of law and how you ended up specializing in Commercial Litigation and Dispute Resolution?
It’s quite interesting that I never wanted to study law in the first place! Not having studied science during my 11-12th standards (mostly because I was despicable at it!) made options very limited even more so for someone like me who belongs from a family of doctors. I was always interested in fine arts and thus intended to study history and literature. I got through the iconic Presidency College for History (Hons) , however it was my father’s insistence, despite being a doctor himself, that I should “strongly” consider law as an option. My reluctance, of course, cost me from getting through the NLU’s (National Law Universities) and I ended up studying from a Non-NLU (or as we call it a traditional university, which also happened to be one of the oldest in the State). Much to my surprise law school was an excellent learning curve, mostly owing to some brilliant lecturers who spurred me on (it would be an absolute travesty not to mention three of them: Dr S K Chakrabarti, Mr Navin Sinha and Mr B Sarkar, with whom I must have lost in touch much to my own failures).
Being from Non-NLU comes with its set disadvantages, one of them was, being cloistered from national or global corporate exposure. I had one singular aim in mind, I wanted to go to court, be there, plead, argue, watch, learn and practice. I kept my mind open as to where the profession might take me without pre-empting myself from dedicating myself to a particular area of law early on. This led me to my first senior Mr Paritosh Sinha of Sinha and Co. He pushed me to the original side of the great Calcutta High Court wherein I was entrusted to handle varied types of commercial matters which also included arbitrations/mediations. He trusted a greenhorn to do matters, fail, make mistakes and get up again. Slowly, what started as an innocent attempt to learn about commercial law became a serious endeavour. I was naturally drawn to commercial litigation. The thrill of being in court, the palpable tension, the adrenaline rush to assist a senior counsel arguing for hours on an interlocutory matter or in conducting a trial felt like a second skin. What contributed more was the great privilege of assisting some of the best senior barristers and counsels from the Calcutta Bar from whom I could learn (Mr Anindya Kr Mitra, The late Mr Pratap Chatterjee, Mr S.N. Mookherjee. Advocate General W.B, Mr S.N. Mitra, Mr Abhrajit Mitra, Mr Jayanta Kr Mitra, Mr Kishore Datta, Mr Anirban Ray, Mr Ratnanko Banerjee, to name a few). What was equally contributory was working with some of the best junior counsels I have encountered in my professional life. Some of them are my contemporaries yet undeniably from whom I have learned every day since last decade! (Mr Chayan Gupta, Mr Soumabho Ghose, Mr Sarvapriya Mukherjee, Mr Shaunak Mitra and Mr Pranit Bag warrant a huge mention). The more I did matters, the more I developed and a turn of fate (and a bit of hard work I would presume!) landed me with one of the oldest and biggest law firms in India, Fox and Mandal (F&M). At F&M, my skill set was tested, enhanced and tried at all levels. Under the expert guidance of Mr. Debanjan Mandal, Partner (who in my small experience is possibly one of the sharpest legal minds in India) and Mr Sandip Dasgupta, Partner, I not only learned so much about the art of solicitorship and advocacy but was continually entrusted with commercial litigation of all sorts and dispute resolution on a national and international level. By the time I realised, I had already spent a decade in the profession and I cannot imagine doing anything else!
With your extensive experience in Commercial Litigation, Dispute Resolution, and representing clients from both private and public sectors, could you highlight some of the most challenging and interesting cases you’ve handled?
There are far too many for this limited space and time! And for understandable confidential reasons, I cannot name them in detail. However, my first big matter, which grabbed a few eyeballs owing to its uniqueness, remains special. It involved a partnership business for an online gaming platform. One single matter made my foray into partnership law, derivative action under company law, and intellectual property rights – not only before the High Court but also before WIPO and the law of criminal defamation. Cases were filed, actions, reactions, counter actions and retaliations were done which pushed me to the limit- sleepless nights, countless conferences with senior barristers, days of research into points of law and arguments for hours before the court. Another, I remember distinctly wherein we were representing a major state-owned enterprise faced with an invocation of a Rs 400+ crore bank guarantee. The case apart from presenting its challenge owing to technicalities of the mining operation in question was also beleaguered by the law revolving around the invocation of bank guarantee- which as many would know is very strict. We had anticipated that we might not succeed before the Single Judge and had prepared an appeal even before the original case was filed by us! On the day, as expected we didn’t draw first blood before the single judge and a whole domino effect took place thereafter. The judgment was delivered post lunch around 2 p.m. Going by the contingency plan we immediately obtained leave to appeal without the copy of the judgement from the Chief Justices Court around 2.30 pm and pleaded the urgency to list the matter around 3.30 pm. Once listed, preliminary arguments took place and we were successful in obtaining a stay of the appeal, pending final adjudication on the same day itself around 4.30 pm! saving the state and the state enterprise from being plunged into ‘darkness’! What was not only high profile but also fraught with trepidation, now (as I look back turning time- not in a H.G. Wells manner, though!) was a full day of thrilling legal drama, which in hindsight has taught me much about holding onto nerves in the field of commercial litigation.
Your career has taken you through various practice areas, from Criminal Laws to Intellectual Property Laws and Company Law. How do you manage to excel in such diverse areas of law?
To be candid, one cannot excel in ALL spheres. However, what one can do is put his/her best foot forward, utilize the knowledge gained, and the skill set acquired and “try” to win. What is important is not just excelling but being involved and genuinely committed to the work being done and endeavouring to get the best results/outcomes in the given circumstances. Yes, being interested, inclined and involved in full steam is the stepping stone to excelling but for me, the trick is not excelling or knowing about everything but knowing everything about certain things. In that way, my belief is, the quality of work is much more refined and superior AND that is what will separate one from others.
Before pursuing your master’s degree, you worked as a Senior Associate at a renowned law firm in India. How did your experiences there shape your career and influence your decision to further your studies?
Working as a SA that too in a top law firm comes with a set of challenges. It will push and test you mentally, psychologically and most importantly intellectually. I believe working at such a high level with not just a myriad of matters to handle at a given time but also continually learning from senior counsels/barristers develops and refines one understanding of the law, its working and its granular nuances. During my time I was at a given time exposed to arbitrations, commercial litigations, drafting, research, pleading, strategic decision-making, and judgement calls- a whole universe of disputes and whatever comes with the territory. Every experience no matter how small or big the matter made a mark in the way I would think, perceive, react or even respond to situations. It made me more alert, aware and intellectually open. Quite plainly, it prepared the breeding ground for being “ready” to take on the challenge that is presented by studying at an international level. After a point, I thought that it was time to take the plunge.
What motivated you to pursue your master’s degree in International Business Law with a focus on International Commercial Arbitration and Investment Arbitration?
Turn of fate is rather a cheeky first instinctive answer to this! On a serious note though, My academic journey has been a roller-coaster ride. In 2016, I was selected for pursuing my master’s at the National University of Singapore (NUS). Unfortunately, I could not take up the offer owing to personal issues. Thereafter, I never thought of pursuing my master’s and had some of the most brilliant working years of my life. In 2020, like many, Covid gave me time to retrospect and introspect. The deep-rooted urge to pursue my master’s degree, which I thought had been quelled over the years, egged me on. I applied once again, not to NUS anymore, but only to three colleges in London (I got through two, KCL being one of them). I was certain that I wanted to study in London and one of the three colleges owing to the subjects on offer and world-class faculty. What started as a perfunctory attempt ultimately led to the doors of King’s College, London. Since my background and skillset have always been in commercial law and dispute resolution, specializing in that area was a natural choice. The strategy was to play to my strengths, which I did. The underlying objective or motivation was simple: gain a finer understanding and international exposure to the concerned area of law.
Could you share some of the key lessons or experiences from your time studying at King’s College, London, and being taught by leading barristers in the field of dispute resolution?
The experience of studying in such an iconic college is overwhelming not just in terms of the intellectual challenges that it encompasses but also the pressure to survive and perform in a batch with such diversity. Colleges like KCL always boast of an extremely diverse cohort wherein one is competing against some of the brilliant minds across the globe. During my time in England, I have been fortunate to have been taught by some of the leading barristers of not just England but of the world. Some of them include Samuel Wordsworth KC, Lucas Bastin KC, Dr. and Paul Key KC all of whom I proudly call my professors and continue to have good relationships with them. King’s College London has always, historically, been associated with leading practitioners who regularly teach. The current heavy-weight names include Samuel Wordsworth KC, Lucas Bastin KC, Dr Paul Key KC, Phillipa Webb, Julian Bailey, Jason Fry KC and Lord Guglielmo Verdirame KC. Past names include the legendary Late VV Veeder (aka Johnny Veeder), the Late Prof. Martin Hunter (of Redfern and Hunter fame), and Toby Landau KC (who has now shifted his practice to Singapore). One of the major takeaways is that the teaching methodology, the emphasis on critical thinking and the diverse views of other students compel one to engage, think, introspect, present and importantly be flexible to differing perspectives and ideas. It prepares you for critical challenges that the profession will throw at you. It goes without saying that access and interaction with the best minds, apart from being a rare opportunity, also is a tremendous learning curve.
Working with a public international law firm like Volterra Fietta must have provided unique challenges and opportunities. Could you share some of your experiences in representing states and investors in investor-state disputes?
My aim to develop in the area of investment arbitration and public international law (I had a fair amount of experience in commercial arbitrations back in India) led me to work with the renowned public international law firm, Volterra Fietta (VF). VF’s uniqueness lies in being one of the rare firms currently on the planet to exclusively specialize in various aspects of public international law be it before the ICJ or investment arbitration tribunals or the English courts. It is not every day that a ICJ case or an investment arbitration comes about but if it does one needs a firm like VF to tackle the nuances of public international law (which by the way very few can!), apprehend critical hard facts, forensically strategize and advocate the case to bring about the best results. Naturally, being with VF’s investment arbitration practice team has allowed me to gain substantial experience in advisory and highly contentious work, representing both state and investors, in connection to the interpretation of treaties and broader public international law aspects. I have the good fortune of being involved (along with others in the firm) in important matters relating to climate change before the ICJ as VF is mandated to represent one of the Caribbean countries, a multi-million dollar development construction investment arbitration disputes under ICISD for one of the small island states and also a multi-billion dollar investment arbitration against France, under the aegis of PCA, relating to gold mining concessions, to name a few. The experience has thus been very varied and testing. When working at such an international level, the stakes are always high, there is hardly any room for error. One must be on their toes, being rigorously meticulous. The test of strict timelines fixed by the court /tribunal, the precision of pleadings, the presentation of facts, the research of law, long hours (not even remembering which day it is, at times!), the advocacy before an international tribunal (which, more often than not, would consist of some of the biggest names in public international law) handling high profile client representatives are some of the challenges. One wrong step can fatally affect the case and the client. One will falter at times as to err is human, but it is equally fulfilling to learn from specialist practitioners, at the top of their form, how one can tackle these challenges every day. Hence much is credited to the inimitable Robert Volterra, Founding Partner, Mr Gunjan Sharma, Partner and Ms Angela Ha, Counsel.
Balancing your professional career as a lawyer with your passion for writing fiction and photography sounds intriguing. How do you find time to nurture your artistic pursuits alongside your legal practice?
Quite frankly, I don’t always get time as being a disputes lawyer can flush out life! However, I try my best to read, travel, capture moments and put them down into words for my own sanity. I must, of course, admit I am not a prolific writer! I am a reader more than a writer. It was, again, pure luck that one of my short stories got published (God knows how that happened but I will take it!). Understandably and bitterly right, my photography has yielded lesser results of such nature! (now, in this case, god knows why that has been so!).
Notwithstanding the dry sarcastic humour, I believe one must always find time to engage or indulge in activities outside the profession and hold them dear to the heart. For me, it is photography, reading and writing (at times!). Indeed, work pressure will always be persistent, on the flip side what is equally true is that its intensity will vary. It is in those golden bouts of intermittent sanity that one must disengage from the legal world. On a lighter vein though, maybe, I try to compensate or overcompensate for the regret of not being able to study literature and history!
What advice would you give to fresh law graduates who are aspiring to build a successful career in Commercial Litigation and Dispute Resolution, especially those who come from non-NLU backgrounds like yours?
One thing to be clear at the outset, is that the profession is tough. No matter which branch of law one practices, it is a rigorous profession. It becomes cruelly painstaking when one ventures and tries to eke out a living from commercial litigation and dispute resolution. As I said, being from a non-NLU background can have its challenges at the initial stages but it cannot define one’s work. It cannot define you, therefore NEVER let it. At best a non-NLU background will put you behind the race but it cannot put you out of the race. Whoever is out there from a non-NLU, do not let your background define your work. A sense of single-mindedness is required to build a career in disputes and this is what I call the “3-D” effect: Discipline, diligence and determination. There cannot be any substitute for this. There never has been and never will be. Therefore, one should concentrate on building up and creating good quality and body of work. The opportunities or recognition comes from the work one delivers and not from a person’s background. One must be patient and ready to persevere, burn the midnight oil, and suffer the frustration of less or no work and money in the initial stages. It is often said ‘love what you do and do what you love’. This might sound easier said than done but in my experience, this is the way one can work towards whatever one wants to achieve. Importantly, you cannot stop believing in the work that you are doing- this is irrespective of where you come from and whatever work one is doing. The day you stop believing in the work, it will be the end of that area of practice. As Denzel Washington said in his NAACP image awards ceremony speech, “Keep working, keep striving, never give up. Fall down seven times and get up on the eight”.
Q10. Lastly, what do you envision for your future in the field of international dispute resolution and commercial litigation? Are there any specific goals or areas you would like to explore further? I have always been a dispute lawyer and will continue to be so. I have realised that there is so much out there on a global scale to learn not just about commercial arbitration but litigation and importantly about treaty arbitrations. My interest in dispute resolution more specifically in investment arbitration (aka treaty arbitrations) which happens to be an offshoot of public international law is much credited to Samuel Wordsworth KC (whom we fondly call “SAM”) and Lucas Bastin KC as they tapped into the brain and exposed me to the rich yet complex and beautiful word of treaty arbitrations and in turn to the universe of public international law. This has been further accentuated by my work with VF. I may not be new to the world of commercial litigation or commercial arbitration but fairly green to the universe of public international law and treaty arbitrations. People who have tasted its cypher have been sucked into this fascinating field like quicksand only to be consumed in the whirlwind of its finer nuances. I shall continue to work, explore and develop in the field. As I would say, you can take the lawyer out of disputes but never the disputes out of the lawyer! Hence, ideally, I will always strive to maintain a balance of disputes work with commercial litigation to the plausible extent it can be and look forward to working and learning from the best legal minds ploughing the planet currently.
Can you tell us about your journey and how you ended up practicing law with a focus on litigation and alternative dispute resolution?
My journey in the legal profession has been deeply influenced by the inspiring example of my father, an esteemed and hardworking advocate in his own right. Witnessing his dedication and success in representing clients from diverse backgrounds before the courts instilled in me a profound interest in litigation from an early age.
I believe my foundation in law was laid through observing my father’s work, engaging in discussions with him about courtroom strategies, and purely out of curiosity reading pleadings and cross-examination notes prepared by him. These formative experiences fostered a natural inclination towards litigation and reinforced my determination to follow in his footsteps and practice as a litigator.
During my time at law school, I pursued internships and opportunities that allowed me to gain hands-on experience in the world of litigation. One significant association was with the law firm M/s Shaunak Satpute & Co., renowned for its expertise in representing clients before various courts and tribunals. As an intern and later as an associate with this distinguished firm, I had the privilege of drafting pleadings, handling ancillary court documents, and independently arguing cases in front of the judiciary. The guidance and mentorship of Mr. Satpute, a seasoned legal professional, played a pivotal role in honing my skills and bolstering my confidence. I am immensely grateful for the platform provided by M/s Shaunak Satpute & Co., as it equipped me with the necessary skill set and fortitude to build a fulfilling career in litigation.
My journey as a litigator has been shaped by a passion for justice, a dedication to the legal profession, the invaluable lessons learned from my father coupled with the emotional urge to follow his footsteps and esteemed mentors and guiding forces like Mr. Shaunak Satpute, Mrs. Zia Mody and Mr. Farhad Sorabjee throughout my career.
You’ve had extensive experience representing clients before various courts and tribunals in India, including the Supreme Court and different High Courts. What attracted you to this area of law and how did you become involved in such diverse and complex cases?
Indeed, the allure of litigation lies in the profound opportunity to champion our clients’ causes and seek justice before the courts. I firmly believe that advocacy in the courtroom is the heart and soul of our profession, and it is this conviction that drew me to this area of law.
Litigation is akin to a captivating game of chess, where strategic thinking, extensive research, and meticulous preparation are paramount. The thrill of pleading one’s case before the court is matched only by the satisfaction of crafting compelling arguments and presenting them effectively. Each case presents its unique challenges, requiring a keen understanding of the law and a proactive approach to anticipate the opposing party’s moves.
After my tenure at M/s. Shaunak Satpute & Co., I had the invaluable opportunity to join AZB and Partners, a prominent law firm in India, where I had the privilege of working closely with Mrs. Zia Mody. This experience exposed me to complex and diverse litigations and arbitrations, including high-stakes disputes involving public trusts, international commercial arbitrations, and fiercely contested corporate disputes.
Under the mentorship of Mrs. Zia Mody, I honed my skills and cultivated a never-say-die attitude. Over the course of my six years at AZB, I had the privilege of representing clients in matters before the Bombay High Court and the Supreme Court of India. Several of these landmark cases resulted in reported judgments, which further underscored the depth and complexity of the matters I handled.
Followed by my stint at AZB, I have been working with JSA as their disputes partner for last eleven years where I have continued to handle and lead high-value and intricate cases before various Courts, and fora. At JSA I have had the opportunity of advising and representing diverse clients in arbitration proceedings both, domestic and international. This continued exposure at JSA has equipped me with the confidence and acumen necessary to navigate any challenge, no matter how intricate or critical. JSA has also provided me with the platform and independence to expand my practise in diverse areas of corporate & commercial disputes, as well as matters pertaining to Media & Entertainment law which include contentious matters pertaining to copyright infringements in cinematographic films, disputes pertaining to rights in a cinematographic film, legal opinions on copyright infringement, advertising standards, disparagement, advisory and documentation in relation to assignments of rights in a cinematographic film. This has shaped me into a seasoned litigator, capable of representing our clients’ interests with unwavering dedication and a commitment to excellence.
The field of law can be quite challenging and demanding. Could you share some of the most memorable or impactful cases you’ve handled throughout your career?
I must admit that the field of law is indeed dynamic and presents a constant stream of challenges. Throughout my career, I have had the privilege of handling numerous impactful cases, each with its own unique set of facts and complexities.
Among the most memorable and impactful cases was a dispute between two joint venture partners, which epitomized a classic shareholder’s dispute. This matter demanded urgent applications for interim relief, requiring my team to employ strategic foresight and navigate potential countermeasures. The late-night counsel conferences and rigorous internal discussions to chart the best course for our client were defining moments. Ultimately, achieving a favourable outcome in that matter remains a cherished and highly instructive experience for me as a litigator.
Another significant case involved a contractual dispute between our client, a renowned software company, and a formidable counterparty engaged in the travel and tourism business. The counterparty resisted the appointment of an arbitrator and opposed Section 11 proceedings all the way to the Supreme Court. The complex arguments presented by both sides during the Section 11 proceedings at the High Court and the Supreme Court culminated in reported judgments in favour of our client.
Adding a unique twist to the case, the arbitrator initially appointed by the Court on behalf of the counterparty recused himself, leading to the counterparty’s attempt to appoint an arbitrator of its choice after forfeiting its right to do so initially. My team successfully filed an application opposing this appointment, contending that the counterparty had relinquished its right and, given that the court had appointed the original arbitrator, only the court could appoint the replacement. This application, too, was contested vigorously before the High Court and the Supreme Court, ultimately resulting in a favourable judgment for our client.
These cases exemplify the essence of practicing law, where relentless dedication, strategic acumen, and profound legal knowledge converge to secure the best possible outcomes for our clients. I take immense pride in leading our firm’s talented team to handle such impactful cases and provide exceptional legal representation to our valued clients.
In your profile, you mentioned advising and representing clients in international arbitrations. How does the approach to international arbitration differ from domestic ones, and what are the unique challenges you face in cross-border disputes?
Here, I must underscore that international arbitration stands apart from domestic proceedings due to its unique complexities and considerations. When dealing with cross-border disputes, we approach the process with careful attention to the applicable law governing the contract and the rules governing the arbitral proceedings. Given that, wherever necessary, engaging a local counsel or law firm specializing in the relevant law ensures sound legal advice and accurate contract interpretation, enhancing the overall effectiveness of the representation.
One key distinction in international arbitration is the approach to discovery. The process of requesting and objecting to document production differs in form and practice compared to domestic arbitrations. Therefore, I along with my team adopt a tailored approach to address these nuanced aspects while representing our clients in international arbitrations.
Cross-border disputes present distinct challenges, notably the fixed time frames allotted for conducting cross-examinations and advancing arguments. Adequate preparation is essential, and we meticulously adhere to time limits for cross-examination of witnesses and oral arguments. To ensure optimal performance, we conduct mock trials in advance of the hearings.
Additionally, enforcement of foreign awards poses another challenge in cross-border disputes. My team remains vigilant in navigating the intricacies of enforcing such awards, employing our expertise to protect our clients’ interests throughout the process.
White-collar criminal proceedings and investigations are another significant part of your practice. What drew you to this particular area of law, and how do you navigate the complexities of representing clients in such cases?
My journey in the legal profession has been marked by versatility and adaptability. As a young litigator, I embraced the responsibility of handling both civil and criminal matters, as it was expected of me to be well-rounded in my practice. This early exposure to a diverse range of litigation mandates allowed me to develop a comprehensive skill set, enabling me to adeptly represent clients in various legal arenas.
In recent times, the boundaries between civil and criminal proceedings have become less distinct. Commercial transactions can often lead to disputes where parties find themselves embroiled in parallel civil and criminal proceedings. Consequently, my team and I frequently find ourselves representing clients in both civil and criminal matters arising from the same transaction.
Handling criminal proceedings and investigations demands agility and quick thinking. As we strategize, decisions must be made swiftly, always keeping in mind the imperative of minimizing risk exposure for our clients. Though it can be a demanding and sometimes stressful process, the adrenaline rush of navigating criminal cases is truly unmatched.
To successfully navigate the complexities inherent in criminal matters, we place paramount importance on understanding the client’s perspective and the transaction at hand. Formulating a clear strategy, including anticipatory bail or bail applications, becomes essential in such cases. We also ensure that our clients are fully informed of the merits of their case, based on the charges they are facing. Sensitizing clients to the realities of the situation and emphasizing the significance of cooperating with the authorities during investigations are vital aspects of our counsel.
When handling criminal matters for our corporate clients, we understand that certain criminal actions may be initiated as pressure tactics and may not necessarily warrant prosecution. Despite the frustration that may arise during such processes, I guide my clients through effective counter steps and actions to address these proceedings, always prioritizing their liberty and best interests.
Your media and entertainment practice involves dealing with copyright infringements, film rights, and advertising standards. What are some of the key issues and legal nuances that arise in this area, and how do you protect your clients’ interests effectively?
I happen to be acutely aware of the key issues and legal nuances that arise in this dynamic area of practice. Copyright infringement claims pertaining to film scripts, exclusive event photographs, and well-known trademarks, as well as cases involving comparative advertising, are among the prominent challenges faced in the realm of intellectual property. Over the years there has also been an increasing trend in matters concerning alleged copyright infringements at inter-office/corporate musical events.
To effectively protect the interests of our clients, we employ a comprehensive approach that begins with issuing cease and desist notices to parties infringing upon our clients’ IP rights. When necessary, we swiftly initiate appropriate legal actions seeking urgent ad-interim reliefs, which may include seeking injunctions or other forms of emergency relief. In certain cases, we also take recourse to initiating criminal proceedings under the relevant statutes to safeguard our clients’ rights under the trademarks act.
In addition to our vigilant efforts in enforcing IP rights, I provide strategic advice to clients on matters concerning comparative advertisement, ensuring compliance with the Advertising Standards Council of India (ASCI) rules. Keeping abreast of evolving guidelines on misleading advertisement, we counsel our clients on adhering to the most recent regulatory standards to minimize legal risks.
In a world where the media and entertainment landscape is constantly evolving, we pride ourselves on offering tailored legal solutions that safeguard our clients’ creative works, brand identities, and commercial interests.
Throughout your career, you’ve advised clients from various industries and regions. How do you stay updated with the ever-changing legal landscape, especially in the international arena?
As a dedicated legal professional, I recognize the imperative of continuous learning to navigate the ever-changing legal landscape effectively. Staying updated with the latest legal developments, both domestically and internationally, is a top priority in my practice.
To keep abreast of the dynamic legal landscape in India, I diligently monitor any amendments to statutes and the introduction of new legislative regimes. Additionally, I remain vigilant in tracking important judgments in my practice area, discussing them with my team to ensure we stay well-informed.
Furthermore, being aware of the latest trends and practices in various industries where I advise clients is essential. This knowledge enables me to offer well-rounded and strategic legal counsel tailored to their specific needs.
In the international arena, I would be remiss if I didn’t mention the multiple opportunities provided to me by my Partner Mr. Farhad Sorabjee to meet and interact with lawyers across international jurisdictions. I have been blessed to meet legal luminaries across the globe and speak in webinars and conferences on legal trends in these jurisdictions and build strong connections across borders. I also subscribe to newsletters and publications from reputable sources in various jurisdictions to maintain an up-to-date understanding of international legal developments.
As a seasoned practitioner, I firmly believe that continuous reading and learning are indispensable for any successful legal professional. The commitment to being a lifelong student of the law allows me to provide the highest level of legal representation to clients from diverse industries and regions.
Could you share a particularly challenging case you’ve worked on and how you were able to find a successful resolution for your client?
One of the most demanding and distinctive cases in my career involved a representative suit filed against my clients during the challenging period of the Covid-19 pandemic when the Bombay High Court was functioning exclusively in a virtual manner. This case was particularly notable as it was the first matter taken up for final hearing and adjudicated virtually by the Bombay High Court, entailing extensive volumes of pleadings filed online by both parties.
In this matter, two former employees of my client initiated a Representative Suit along with an Interim Application on behalf of 256 ex-employees before the Bombay High Court, seeking a stay on my client’s discontinuation of premium payments for medical insurance coverage. My team and I represented and defended the Company in these proceedings, which presented intricate legal issues involving the grant of mandatory injunctions and the application of promissory estoppel in India. Additionally, the court deliberated at length on the impact of the Covid-19 pandemic on the cessation of premium payments during an extensive online hearing.
The outcome of this complex case proved successful for our client. The Single Judge of the Bombay High Court dismissed the Interim Application, upholding our client’s position, and observing that while Covid-19 had indeed affected both individuals and companies, it could not serve as a ground to bypass the standard legal requirements for the grant of mandatory injunctions.
The ex-employees filed an appeal before the Division Bench of the Bombay High Court, which, too, was subsequently dismissed, affirming the favourable outcome for our client.
The proceedings of this case were marked by the unique experience of filing comprehensive pleadings online and conducting a final hearing of a complex matter virtually. The challenges posed by this novel approach to litigation underscored the adaptability and resilience of my team. Ultimately, the successful resolution of this case stands as a testament to our unwavering commitment to diligently represent our clients’ interests, even in unprecedented and challenging circumstances.
As a seasoned attorney, what are the most valuable lessons you’ve learned from your experiences in the legal profession?
Throughout my extensive journey in the legal profession, I have gained invaluable insights and learned several key lessons that have shaped my approach as an attorney. These lessons can be summarized as follows:
Patience and focus are essential virtues in the legal profession. Rather than seeking immediate results, I have learned the value of staying committed to the long-term goals of my clients, meticulously working towards achieving favourable outcomes.
In the dynamic world of law, learning is a perpetual process. Each case and every interaction with colleagues and mentors provide opportunities for growth and knowledge enrichment. I firmly believe that the willingness to learn and adapt is a hallmark of a successful legal professional.
Throughout my career, I have been fortunate to receive guidance from seasoned mentors. The wisdom imparted, whether through direct teachings or subtle corrections to my work, has left a lasting impact on my approach to legal practice.
Regardless of the nature of a court appearance or meeting, I have learned the importance of thorough preparation. Even when seeking an adjournment, being well-prepared demonstrates professionalism and respect for the judicial process.
As a legal practitioner, my primary duty is to my clients. I have learned to provide them with candid and honest assessments of their cases, ensuring that they have a realistic understanding of their situation and the potential outcomes. This approach fosters trust and enables clients to make informed decisions.
Considering your extensive experience and expertise, what advice would you like to give to fresh law graduates who are just starting their legal careers?
To the aspiring young law graduates embarking on their legal careers, I offer the following advice, drawing upon my own experiences in the field:
In the pursuit of a career in litigation, it is crucial to develop a strong foundation by learning the fundamentals of litigation practice. Familiarize yourself with the process of filing a matter, addressing office objections, and understanding court procedures. Embrace the basics, as they form the bedrock of your growth as a litigator.
Spend time in court observing experienced counsel argue their cases. Take note of the principles of law they cite, their approach to presenting arguments, and how they handle interactions with the judges. Observing seasoned practitioners will provide invaluable insights into the intricacies of court craft.
Entering the legal profession may seem overwhelming at first, as the practical aspects of litigation can differ from the theoretical knowledge imparted in law school. Be patient and recognize that success in this field requires perseverance and dedication. Embrace the learning curve, and with hard work and sincerity, you will gradually find your footing.
As you gain experience, strive to develop a holistic approach to litigation. Understand that legal practice is not solely about arguing cases but also encompasses diligent research, drafting persuasive pleadings, and mastering the art of negotiation and settlement.
Uphold the highest standards of professionalism and ethical conduct in all your interactions. Building a reputation for integrity and professionalism is essential for establishing a successful legal career.
The legal profession is ever evolving, with new laws and precedents shaping the landscape. Therefore, commit to lifelong learning and stay updated with legal developments to provide the best possible representation to your clients.
