Super Lawyer

Tag: International Law

  • “When one is doing relatively better in their career, it is easy to set a certain “effortless” narrative for their story. However, it is neither fair nor honest if they don’t acknowledge the years of struggle they endured to be wherever they are today.”- Stutee Nag, Dual-qualified Attorney, International Family Law Office of Jeremy D. Morley

    “When one is doing relatively better in their career, it is easy to set a certain “effortless” narrative for their story. However, it is neither fair nor honest if they don’t acknowledge the years of struggle they endured to be wherever they are today.”- Stutee Nag, Dual-qualified Attorney, International Family Law Office of Jeremy D. Morley

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Could you please share with us the story of how you chose to pursue a career in law, especially focusing on international family law and child custody matters between India and the U.S.?

    Being a lawyer is tough. 

    Being a young lawyer is tougher. 

    But being a first-generation, young lawyer – well, that’s just pure chaos!

    I received my law degree in India in 2012, and it has been quite the journey from a fresh law graduate to an international family law practitioner. From being a law clerk at the Punjab and Haryana High Court, to a litigation associate in New Delhi, to an LL.M. candidate in New Hampshire, to a duly licensed New York attorney, to a wife, and, most importantly, to a mother – I have had the good fortune to evolve at every step.

    My initial connection to this area of law and my continued interest in this field is a sum total of several factors. I stumbled upon this particular practice area by chance when I started working for one of the most renowned international family law practitioners in the world, I am based in one of the most diverse cities in the world with a high number of internationally born population, I come from a country that has the world’s biggest diaspora, I am a dual-qualified attorney, and I am a young immigrant mother in an international marriage. In essence, I can relate to the challenges faced by international families, not just as their attorney but also on a much more personal level.

    As someone deeply involved in international family law, could you shed light on what are some of the most significant challenges that your clients face after the breakdown of an international marriage/relationship, particularly concerning issues like International Parental Child Abduction (IPCA)?

    I think the biggest challenge for a person stuck in the middle of an international divorce or custody dispute is to secure effective and timely legal advice. It is challenging enough to figure out the laws and the public policy of one jurisdiction but throw in a whole other continent, and it’s a different ball game altogether. From the financial aspects of a divorce to child custody laws, there are different advantages (or disadvantages) that come with a particular jurisdiction. This often ends up in parties initiating multiple parallel proceedings against each other and then ensuing a judicial tug-of-war, especially in child custody cases. Thus, one wrong step in an international family law dispute can have an everlasting impact on a person’s custodial rights over his or her children, financial rights upon a divorce, immigration status, professional goals, and overall life.

    International Parental Child Abduction (IPCA) is an example of one of the many challenges which a parent might face when an international marriage/relationship breaks down. IPCA is the removal or retention of a child by one parent, outside the child’s country of habitual residence, in breach of the other parent’s custody rights (often done without the knowledge or consent of the other parent). It is a federal crime in the U.S.

    Could you provide our listeners with an overview of the Hague Abduction Convention and its significance in resolving cases of international child abduction?

    The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the “Hague Convention” or the “Convention”) is an international treaty that aims to prevent IPCA and protect children from the harmful effects of such wrongful removal or retention. The Convention establishes a legal framework (a “shared civil remedy”) among partner countries for the prompt return of internationally abducted children to their country of habitual residence. A court functioning under the Convention does not settle a child custody dispute. It merely decides whether or not a child should be returned to the country of his habitual residence, so that the custody dispute can then be settled by the courts in that country. 

    Keep in mind that just because a country has signed the Convention does not mean that an internationally abducted child would have to be ordered to be returned under all circumstances. The Convention provides six defenses when a court may deny the return of an abducted child. These defenses concern a “grave risk of harm” to the child upon return, the child’s age and opinion, the one-year-and-settled rule, violation of fundamental principles of human rights, consent of the left-behind parent, and the fact that the left-behind parent was not actually exercising rights of custody at the time of wrongful removal.

    More than one hundred countries have signed the Hague Convention. India is not one of those countries.

    You’ve been actively advocating for India to sign the Hague Abduction Convention. Can you explain why you believe this is crucial and the potential impact it could have on resolving international parental child abduction cases involving India?

    I will keep it as short as possible!

    India’s need to accede to the Convention has been underscored by various concerned authorities in the past, including the Hon’ble Indian Law Commission. However, in April 2018, India refused to sign the Hague Convention. It was primarily because the Indian government felt that signing the Convention would deprive the Indian courts of the discretion to refuse the return of a child in a Hague case where such a return is not in the “best interest of the child” (BIOC). The BIOC is the basic principle that all Indian courts apply in all disputes concerning a child’s custody (or even return). The Hague Convention, on the contrary, implies that a court that is merely hearing a return petition should not apply the BIOC principle because it is for the courts in the country where the return is sought to make a rights-of-custody determination under that principle. The second reason for the Indian government to decide against the Convention was that it had concerns about gendered domestic violence against mothers of Indian origin in a foreign country. 

    At that time the Indian government also introduced a Bill titled the Protection of Children (Inter-Country Removal and Retention) Bill, 2018, to tackle the menace of IPCA. Additionally, a “Proposed Authority” was ordered to be set up to handle inter-country parental child removal disputes, and a “Mediation Cell” was established in 2018 to mediate international custody disputes.  It has been almost six years since the Proposed Bill was introduced, but it has since been tabled. The Proposed Authority is yet to come into existence, and the Mediation Cell has not resolved any abduction cases. Not to mention that even if the Proposed Bill had become a law, it would have still lacked the required international backing or the proverbial teeth. However, even without factoring in the issues concerning the Proposed Bill or the Proposed Authority, there still are several independent reasons why the Indian government should consider signing the Convention.

    Firstly, the concerns of the Indian government regarding the BIOC appear to be unfounded because the BIOC is almost a universally applicable standard in child custody disputes. Thus, no matter which court gets to decide the custody dispute, the applicable standard will always be BIOC.

    Secondly, while India’s concerns about gendered domestic violence are not unfounded, it is not an issue specific to women of Indian origin. It is a sensitive and grave issue worldwide, irrespective of the gender or nationality of the victim. Most Hague countries have effective mechanisms in place against domestic violence. This help is available irrespective of the victim’s race, gender, nationality, or immigration status. For instance, all the U.S. States have such programs and helplines in place which offer assistance to domestic violence victims. Such services are usually free of cost, and attempts are even made to provide such assistance in the language that the victim speaks. A victim of domestic violence can initiate a police complaint against the preparator, secure a restraining order, file for a divorce, and initiate a custody case before the concerned foreign court.

    Thirdly, instead of causing an unauthorized removal of the child from another country to India and facing criminal charges, the taking parent has the option to seek the permission of the foreign court to relocate internationally with her children by initiating an international child relocation petition.

    Fourthly, authoritative statistics confirm that India has the world’s biggest diaspora, and all the top countries to which Indians move are Hague signatories, barring the UAE.

    Fifthly, India’s current system of handling a return petition through the writ of habeas corpus and the governing factors in such a writ are strikingly similar to the defenses in a Hague case (as in the situations where the Hague court may not order the return of the child to the country of his habitual residence). Some of these factors/defenses include the age and opinion of the child, the time spent by the child in India since the time of the abduction, the grave risk of harm to the child (or the taking-parent), and the association of the left-behind parent with the child.

    Fifthly, if the taking parent is a mother who decides (in an impulsive moment) to return to India with the child, she may then be prevented, forever, from claiming what is rightfully hers upon divorce in a foreign country because her husband has not only initiated a criminal complaint against her but there is an international arrest warrant out against her. Under such circumstances, the Indian wife’s right to be maintained upon divorce will be hard to enforce through an Indian order, given that the husband is living in a foreign country. On the other hand, the wife would likely not get what she deserves from the foreign court because she willingly flouted a serious law against IPCA and possibly defied a foreign court’s return-of-the-child order.

    Not to mention the burden it puts on an already overburdened Indian judiciary. Once the taking-parent is in India, there is no way to predict what they might do/assert in order to be able to retain the child in India. From filing made-up domestic violence charges to initiating false cases under the infamous Section 498-A of the Indian Penal Code in some cases to filing for restitution of conjugal rights, both sides take whatever steps they feel are necessary to exert pressure on the other side. 

    Furthermore, in today’s rapidly changing economic climate and given India’s bid to be seen as a key player in the current global settings, it does not bode well for India’s international image when the Indian legal system is referred to as “less developed” or as a “safe haven” for child abductors.

    In your experience, what are the usual legal avenues available for a left-behind parent seeking the return of their child from India, considering India’s current stance as a non-signatory to the Hague Convention?

    As I mentioned in my previous answer, the usual way to secure an internationally abducted child’s return from India is to file a writ of habeas corpus before the concerned Indian High Court. However, it is an extraordinary writ and is usually available only under exceptional circumstances. Moreover, from the voluminous (and highly divergent) Indian case law, it is hard to deduce a set of favorable factors that might cause the Indian High Courts to order the return of a child in such cases. The uncertainty of the left-behind parent is not as to the outcome alone; this uncertainty also remains with respect to the correct procedure to follow. Whether to approach the foreign court for an interim custody/return order or whether to approach the Indian writ court directly – there is no clear answer. On the one hand, the existence of a foreign custody order is considered as one of the several factors that Indian courts consider while ordering the return of the child, on the other hand, it seems necessary for the left-behind parent to secure an emergency custody order from the child’s country of habitual residence in the hope to prevent the taking parent from initiating a regular custody case in India based on the concept of ‘ordinary residence’ of the child (and this is just one such example).

    Understandably, a left-behind parent (especially one of Indian origin) might feel cheated by the system because of the lack of proper recourse.

    Given your extensive experience and expertise, what advice would you offer to fresh graduates aspiring to specialize in international family law or pursue a career in law with a focus on cross-border issues?

    Dear fresh graduates, I’d like to start with a bit of general advice. Don’t be afraid to make mistakes (as long as you learn from them). And please don’t be afraid to share. Whether it is your special knowledge or skills, your initial insecurities regarding this profession, or even your occasional failures- whatever it is- learn to share. 

    When one is doing relatively better in their career, it is easy to set a certain “effortless” narrative for their story. However, it is neither fair nor honest if they don’t acknowledge the years of struggle they endured to be wherever they are today. I had my share of struggles during my initial years, and sharing those struggles with people close to me only made things better. By sharing your struggles with others, you are telling the other people (who are also struggling) that they are not alone and that it gets better. This is generally true for any profession, but it is spot on for fresh-out-of-law-school lawyers. There is a learning curve to this profession, and there is no one defined way to master it. So truly, what matters is your journey (and detours), not the destination. Don’t be afraid to network and reach out to other people if you have doubts (in fact, my US journey started by reaching out to a wonderful attorney who was featured by Superlawyers back then).

    For any kind of international law practice, you should be prepared to learn (from scratch) the legal system of another country (sometimes you may even be required to unlearn the things you did in your home country); you will be required to take the Bar exam once again (easier said than done); you must learn to network, and lastly, as with everything in life, luck is a huge factor (especially with immigration-related issues).

    It is possible when you shift gears in your profession, that you will find that your carefully honed skills from your previous position do not necessarily translate into your next position. However, they are never rendered useless. It is entirely up to you to collate your bundle of skills and offer something unique to the world.

    Finally, considering your advocacy work and professional journey, what message or advice would you like to share with our listeners, especially those who might be facing international legal challenges or navigating the complexities of international family law?

    Get the right attorney ASAP! 

    The first step in many international family law cases is the most important one, and one must not mess it up by receiving incorrect (or impractical) advice.

    Get in touch with Stutee Nag-

  • “Law aspirants should familiarize themselves with this disruptive technology  and understand its implications in a wide array of areas such as contract law, regulations, data privacy,  intellectual property, and digital currencies”- Anshuman Gupta, Counsel, Fox & Mandal

    “Law aspirants should familiarize themselves with this disruptive technology  and understand its implications in a wide array of areas such as contract law, regulations, data privacy,  intellectual property, and digital currencies”- Anshuman Gupta, Counsel, Fox & Mandal

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Sir, could you please share with our readers how your journey in law began and evolved, leading  you to specialize in commercial litigation, arbitration, and mediation? 

    I had intended to join the Indian Air Force as a reconnaissance pilot rather than practice  law. The National Defence Academy in Pune required unaided 6/6 eye vision as a visual criterion  and a passing grade in mathematics and physics in 12th standard as an educational requirement for  admission to the Air Force wing. However, when I was in my early teens, I developed myopia and  found that I struggled with mathematics. It implied that I wouldn’t even meet the eligibility criteria  to take the entrance exam. At first, I was dejected, but as they say time is a great healer! 

    Years passed by and in my high school years, I developed an interest in civics and business studies  which contained chapters on constitution, business law and ethics which propelled me to take up  commerce stream in 11th standard and eventually I pursued undergraduate course in law. I took up  internships with an independent counsel, LPO and law firms to understand different facets of law  and organizational structure of lawyers. Initially, I worked on a bouquet of dispute resolution matters, 

    My work included inter alia real estate, testamentary, writ, arbitration, commercial, company,  banking, labour and with the passage of time, I realised that my area of interest was in commercial  litigation, arbitration and mediation. 

    You’ve achieved significant recognition, being enlisted by Forbes India and acknowledged by  The Legal 500 and with experience across various industry sectors, from aviation to real estate, you’ve  covered a wide array of legal areas. How do you manage to navigate and excel in such diverse practice  areas? 

    I believe to excel in diverse legal practice areas, a thorough understanding of facts and  legal issues, effective strategy and planning, and time management are crucial. Keeping abreast of  recent updates through legal publications is also essential.  

    A successful lawyer should adopt a personable approach, comprehensively understanding the client’s  business, and creatively using resources to address the legal issues. In my view, continuous learning  and dedication to provide quality support to my clients drives my motivation to excel. In addition to  this, a successful lawyer must imbibe the spirit of learning throughout one’s career and be able to  creatively use its resources to fulfill the requirements of the client. 

    Your academic background includes an LLM in International and Commercial Law from King’s  College London. How has your international education shaped and influenced you?   

    Pursuing a master’s degree in London on a scholarship gave me a great deal of exposure  to a relatively different university pedagogy and to students from diverse backgrounds. The subjects  were more advanced and in-depth than those I studied in the undergraduate law program and writing  assignments and thesis helped me develop my research and analytical skills. Most of the assignments  which were given to us revolved around practical legal issues compelling us to apply our legal  knowledge in real-world settings. 

    Pursuing a degree abroad also made me become self-reliant and independent. I think when you face  challenges independently, you develop resilience and confidence which benefits you in various  aspects of life. 

    Interacting with fellow international students and locals enabled me to expand my network. Building  friendships establishes a global alumni network, expanding your horizons and introducing you to  diverse ideas and perspectives that may not have been part of your previous considerations.

    From your independent practice to your current role at Fox & Mandal, you’ve navigated various  professional settings. How has this journey contributed to your personal and professional growth,  and what key lessons have you learned along the way? 

    Working in diverse work environments enabled me to understand the perspectives and  challenges one goes through in its legal practice. For example, in an independent counsel setting,  one needs to pay attention to the legal cases as well as take care of administrative tasks such as billing,  operational requirements of the setup and HR aspects etc. However, in a law firm you might be  spared from the administrative responsibilities and focus only on your work that has been assigned  to you.  

    It is essential to know and understand your role in each professional setting. Once this is clear in  your mind, it will be easier to handle and navigate the work and the expectations of your seniors and  your team. Another thing to remember is that the learning in this profession never stops. The law,  and the practice, is constantly evolving. You either evolve with it or be left behind.  

    In my short professional journey, I have learnt that one must be open to embrace new opportunities. It is only when you open yourself up, wonderful opportunities come your way to help you polish  your skills and be instrumental in your professional and personal growth. 

    For law students and recent graduates aspiring to build a successful career, what advice would  you give based on your own experiences and observations within the legal industry?   

    I believe law students and graduates should act like a sponge trying to absorb knowledge  and information from wherever they receive, be it reading an article/newspaper/blog, or listening to the submissions advanced by counsels or observations made by the judge in a courtroom or  discussion on a legal topic with colleagues over lunch.  

    I also believe that one must have the hunger and passion to excel in his/her field of specialization.  In addition, one must also be honest towards the work assigned to them. When you give your all to  the matter, whether you win or lose, it does not matter, what matters is – did I give my best? If your answer is yes, you will get immense gratification, there will be no regrets. 

    I’ve learned that being organized and having your case files at hand is crucial, whether you’re  conducting your own study or research or briefing a senior counsel. 

    Another factor which is instrumental in building a successful career is having a mentor to offer you guidance and support when you require the most. I consider myself fortunate to have numerous  mentors in my field like Mr. Sanjay Kumar Pathak, Mr. Kanishk Vardhan Shahi, Mr. Sonal Kumar  Singh and Mr. Kunal Vajani who have shaped both my professional and personal development. My  deepest gratitude to all of them.  

    Considering the evolving landscape of law and legal practice, are there specific trends or changes  that you foresee impacting the field in the coming years? How should aspiring lawyers prepare for  these changes? 

    The Covid-19 pandemic has not only showcased the feasibility of remote work but also  emphasized the flourishing potential through effective work procedures and cutting-edge  technologies, a concept previously unthinkable. 

    This shift emphasizes the increasing significance of technology in the legal sector. Whether you’re a  law student or a legal professional, proficiency in working efficiently in virtual environments and  familiarity with online collaboration tools is essential in the evolving landscape. 

    One trend which is already making its impact felt across the entire world is generative artificial  intelligence (AI). AI is being increasingly used by law firms/companies nowadays for document  review, legal research, contract analysis, communication etc. Aspiring Lawyers should make  themselves acquainted with legal tech tools and understand how technology is transforming the way  we practice law. 

    Furthermore, the use of blockchain technology and smart contracts is increasing across industries, including legal practice. Despite challenges, blockchain has revolutionized the world of  technology and business. Law aspirants should familiarize themselves with this disruptive technology  and understand its implications in a wide array of areas such as contract law, regulations, data privacy,  intellectual property, and digital currencies. 

    Finally, drawing on your extensive experience, what advice would you offer to fresh law  graduates who are just starting their professional journeys in the legal field? 

    The early years of this profession are the formative years and important for the fresh  law graduates. I reckon in my early years of the profession; a senior advocate narrated the importance  of commitment in the profession by quoting United States Supreme Court Justice Joseph Story – “The law is a jealous mistress and requires long and constant courtship. It is not to be won by trifling  favors, but by lavish homage.” One needs to devote a lot of time to the subject and not be casual in  the approach. Commitment and perseverance are inseparable and work hand in hand for success. As a practicing lawyer, I have realized that learning in this profession is perpetual. Embracing the  idea of being a lifelong student is paramount, resonating with the timeless adage, “Once a student,  always a student.”

    Get in touch with Anshuman Gupta-


  • “Success of a case or project isn’t the result of individual brilliance but rather the outcome of a meticulously orchestrated collaboration”- Mitsu Parikh, Senior Partner at World of Legal Research

    “Success of a case or project isn’t the result of individual brilliance but rather the outcome of a meticulously orchestrated collaboration”- Mitsu Parikh, Senior Partner at World of Legal Research

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Can you share a bit about your educational journey and how you pursue law as a career? 

    I originate from a quaint town in Gujarat where, a decade ago, career choices such as law, journalism, creative writing, and hotel management were not common for females. When I expressed my aspiration to pursue a career in law to my parents, their reaction was beyond surprise. They recommended that I gain firsthand experience by shadowing a seasoned lawyer before making a definitive decision. Consequently, I immersed myself in the legal field, accompanying and observing an accomplished lawyer in various cases spanning banking, constitutional, employment, and family laws. The diverse and intricate nature of the legal profession left a profound impression on me, ultimately solidifying my determination to pursue law as a career. This experience broadened my understanding of the legal landscape and instilled in me a deep appreciation for the multifaceted challenges and responsibilities inherent in the field.

    You’ve pursued advanced degrees in International Law and Legal research. What drew you to specialize in these areas? 

    During my undergraduate studies, I actively participated in moot court competitions, assuming roles as a speaker and researcher. While I thoroughly enjoyed the entire moot court experience, I found a particular passion for research. Delving into legal research became more than necessary; it became a profound interest. This inclination led me to explore opportunities to publish papers and interact with esteemed academicians at conferences and symposiums. Recognizing the significance of contributing substantively to the legal discourse through research and publishing papers, I pursued a master’s degree. Someone once told me that just raising questions doesn’t make you people worthwhile; finding solutions does. 

    You’ve had diverse roles, from Legal Assistant in law firms to your current position as a Senior Researcher and Coordinator. How did these experiences contribute to your growth and specialization in international law? 

    My stint in the corporate sector and various law firms served as a journey of self-discovery, compelling me to confront the realization that these roles may not be my lifelong passion. However, I wholeheartedly acknowledge that each experience played a crucial role in shaping my personal and professional growth. During my internship, a pivotal lesson resonated deeply – the significance of every task, regardless of its scale. It became evident that the success of a case or project isn’t the result of individual brilliance but rather the outcome of a meticulously orchestrated collaboration. Whether assuming the role of a clerk, lawyer, or researcher, every individual in the chain contributes uniquely, and the collective effort propels success. This realization has ingrained in me a commitment to execute my responsibilities to the best of my abilities, regardless of my role in the process. 

    Could you tell us more about your role as a Senior Researcher and Coordinator at the international consultancy World of Legal Research? What kind of research-based consultancy do you provide to the government, law schools, and academicians? 

    We provide a variety of services. Some of the services involve a project where we have to study impact assessment, create analytical research reports, and assist with reviewing the research papers. Additionally, we are more inclined towards assisting our legal fraternity with our efficient legal research team, specializing in diverse fields of law.

    As a Visiting Faculty to many universities in India and abroad, you teach Public International Law and Legal Research Methodology. What inspired you to take up a teaching role alongside your research work? 

    When I was a student, the thought often crossed my mind – what if certain topics were approached differently? Would they become more intriguing? It wasn’t until I visited conferences in the southern part of India that I stumbled upon a fascinating realization. Among the accomplished individuals, be it a thriving businessman, a seasoned lawyer, or a distinguished doctor, there was a common thread – academic involvement. It brought to my mind Chanakya’s words about teachers never being ordinary; they hold the power of construction and destruction. This insight fueled my aspiration to contribute meaningfully to the academic realm. As I transitioned into the role of a researcher, my desire crystallized into a passion for teaching law students the art and science of research. It’s not just about acquiring knowledge but understanding the intricacies and methodologies that make research a captivating and essential facet of the legal profession. 

    Your experience includes working in law firms in Australia and India. How did these experiences shape your understanding of legal practice on an international scale? 

    Lawfirms became my school of perfection, teaching me the invaluable skills of meticulousness and the art of thriving under deadlines. But beyond the technicalities, it was a vibrant classroom where I learned to navigate the intricate tapestry of human diversity. Working with people from different cultures was a daily lesson in understanding, patience, and respect. There were instances where a case forced me to reconcile my personal beliefs with my client’s position. The legal profession throws a unique challenge at you – dealing with ethical dilemmas that demand a delicate balance. The realization that every client, boss, or judge is a distinct chapter in your professional story. Each encounter is an opportunity to embrace diversity, not just in your home country but in foreign lands. It taught me the importance of respecting diverse cultures and opinions, a lesson that goes beyond the legal arena and shapes how I approach life.

    You’ve presented papers on various topics, from health inequalities during COVID-19 to discrimination in legal education. Can you highlight a paper that you found particularly impactful or that received significant attention? 

    In 2023, I had the privilege of presenting a paper at the Center for Criminal Law, University of Oxford (UK), addressing the alarming issue of ancestral rapes in the state of Haryana during the COVID-19 pandemic. This paper garnered recognition and was honored with an award for being the most passionate presentation. Subsequently, I received emails from faculty members and fellow paper presenters at the conference, affirming that this problem extends beyond India to encompass every country and culture. The correspondence highlighted a shared sentiment that societies tend to suppress or disregard such issues, choosing to deny their existence. The suggestions and solutions proposed in my paper resonated with the international audience, earning appreciation from diverse perspectives. It was a powerful acknowledgment of the universality of the problem and the importance of proactive and compassionate approaches to address it on a global scale.

    Your involvement in founding an NGO called ‘Madad’ during the COVID-19 pandemic is commendable. Could you share more about the initiatives and impact of this organization?

    I wouldn’t like to talk much about my NGO as our ancestors say that if you help someone with your right hand, your left hand shouldn’t even know about it. I would just say that at whatever stage you are in life, try to help others, not for the betterment of society, but for yourself, so that you can face yourself in the mirror at the end of the day. 

    You’ve received several awards and honors for your contributions, including the Youngest Leader Award from Rotary International. Which of these achievements holds a special place in your heart, and why? 

    In the third year of my undergrad studies, I received an award for the best position paper at Harvard University. That paper made me realize that regardless of being from a small town or being from the vernacular medium of studies, you can if you really want to achieve something in life.

    You’ve held various editorial roles and served as chairman in some committees while studying at the University of Sydney. How have these positions enriched your professional journey? 

    These positions equipped me with essential skills such as time management and strategic planning. Additionally, they provided valuable lessons on effective teamwork. Each extracurricular engagement in Law School imparts qualities beyond the teachings of books or academic activities.

    Finally, based on your journey so far, what advice would you give law graduates just starting their careers in the legal field? 

    Well, I’m not experienced enough to give any advice. I’d reframe it as learning that I can share from the mistakes I made in my journey. 

    1. Take your internships seriously. You will gain something from every task you do during your internship, even if it is just carrying your senior’s briefcase and/or documents. For example, you’ll be able to be a part of his conversations with clients and people around in court, how one carries his business in the legal field, etc.; this will teach you much more about the practicalities that even a subject in law school wouldn’t. 

    2. Whether you want to join corporate or litigation, publish papers and take part in conferences. Publish or perish is a thumb rule. If someone googles you on the internet, and you have something published, you will get brownie points. 

    3. There is no shortcut to success. It might sound like the cheesiest line. However, life is not 2 minutes noodles. Instant gratification. Instant Fame. All these are not to be focused upon. Do smart work, but don’t get scared away from hard work. Thus, creating a strong base first is very important, because if you sow well, you’ll reap the fruits throughout your life. Choice is always yours.

    Get in touch with Mitsu Parikh-

  • “To be well-prepared, one must consider all aspects of the file. While you may have read it, meticulous attention to every minute detail is essential, depending upon the nature of the case being argued.” – Ayush Negi, Advocate-on-Record, Supreme Court of India.

    “To be well-prepared, one must consider all aspects of the file. While you may have read it, meticulous attention to every minute detail is essential, depending upon the nature of the case being argued.” – Ayush Negi, Advocate-on-Record, Supreme Court of India.

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

    Your family has a rich legal legacy, with your grandfather being the first Advocate General of Uttarakhand. How has this legacy influenced your journey as a third-generation lawyer, and what values or lessons have you carried forward from your family’s legal background?

    I have always been around lawyers at my house and have had the opportunity to be inspired by my grandfather and my father. My grandfather always used to tell me that all I can give you is the family name and the rest is upon you what you make out of it, so till date, I’m trying to live up to his legacy and be a better lawyer every day. The lesson I have learnt is that hard work is the key to success no matter what generation you are if you don’t work hard you will not get work one needs to constantly keep working on his advocacy skills and perform better every day.

    Transitioning from a small law firm to establishing your own practice is undoubtedly a significant step. Can you share a memorable experience or a turning point in your early career that shaped your approach to building your practice from the ground up?

     I learnt the basics of drafting and working with a small team at the law firm. I still remember my senior used to always ask us where do you see yourself in 5 years and I told him that I see myself as an Advocate on Record at the Supreme Court of India, so that was my manifestation and somehow with the grace of god I could achieve it in my first attempt. Thereafter I started hustling and doing small matters at the trial court and kept working constantly at honing my drafting and argument skills. I would like to especially thank Adv Dattatrey Vyas who was my immediate senior in the law firm for constantly helping me by vetting my drafts and guiding me through the drafting process while I was at the firm and later when I was away. I think I was lucky to have good mentors like Adv. Anurag Tomar who gave me constant opportunities to argue and appear before various forums right from the beginning of my career which paved the way for me to argue matters before the Supreme Court of India. One of the few instances I remember is while arguing an admission matter before a division bench presided by Justice Gyan Sudha Mishra at the Supreme Court, it was a MACT matter and I argued all the aspects and informed the court about the injuries on the lower part of the left leg of the petitioner, the court after hearing me asked about the exact part of the leg and the nature of the injury which at that point of time was not very clear in the documents as there was some medical term used which was not known to me or the court. The court then passed over the matter to enable me to take instructions about the same and eventually when the matter was heard I was able to answer the query of the court and notice was issued in the matter. The lesson I learnt is that one has to be well prepared from all aspects of the file no doubt you may have read the file, but one has to be careful about every minute detail depending upon the nature of the case being argued.

    You’ve been practicing law across various courts, including the Supreme Court of India and the National Green Tribunal. How do you manage the dynamics of different legal forums, and do you have a preference for any particular type of cases?

    Practicing across various forums can be tiresome at times as we have a lot of running around to be done apart from the preparation for the matters to be argued at various stages. But having a good team of associates around who help ease the burden by holding the fort while I can travel from one court to the other at times. But yes we have over time developed an effective way of taking separate dates for various courts so there is no clash between cases. But I constantly motivate my juniors to start arguing applications before the trial courts or tribunals so that they build up the confidence and eventually pave way for them to start their own practise later in life. Though I am most comfortable at the Supreme Court of India, but yes I love appearing before trial court and have had the opportunity of appearing before Trial courts and High courts across states like U.P, Uttarakhand, Punjab etc. There is a whole lot of thrill in the process of cross-examination which I truly love about trial court advocacy which requires a different skill set especially compared to appellate court advocacy and appearing before trial court is always enriching.

    As Counsel for the State of Uttarakhand at the National Green Tribunal, you’ve been involved in cases related to environmental issues. How does your role contribute to your personal commitment to environmental sustainability, and do you have any personal initiatives in this regard?

    I have been on the panel of State of Uttarakhand at the National Green Tribunal, Principal Bench Delhi right from 2017 and have been appearing regularly. After the retirement of Retd Justice Swatatantra Kumar from the post of Chairperson the approach of NGT of dealing with matters had changed drastically as they started the process of letter petitions the filing of Original Applications came down drastically and reduced the role of counsels to a large extent which in one way made the court more accessible to the common man, but yes the role of state counsels and other counsels was reduced to very minimal until and unless a specific response was called from a particular authority on an issue. Rest we keep assisting courts as and when we are called upon to file Joint inspection reports or filing responses and explaining the stand of the authorities. Further with regard to my personal view on sustainability I as an individual try to save water and electricity and follow basic civic rules of not littering around on highways or public roads etc. I think if all the citizens of the country follow these rules strictly then our country will be a much cleaner place. I think awareness amongst people about waste management can take our country a long way towards environmental sustainability.

    Balancing criminal trials along with civil trials is not common among lawyers. What motivated you to diversify into criminal trials, and how do you approach the unique challenges they present?

    As I have already mentioned my love for trial court advocacy, especially the part of cross-examination of a witness, so I have done my fair share of civil trials and  Criminal Trials under section138 Negotiable Instrument Act cases and had never thought of delving into criminal trials but, recently in 2021 one client approached me for conducting a criminal trial under POCSO Act at Ghaziabad Sessions court, after going through the file and as the matter was at evidence stage in the peculiar facts and circumstances I took up the matter and eventually the Prosecutrix a 11-year-old girl went hostile which led to the conviction of my client after the incarceration of 3 years. My experience in this trial was worth sharing first and foremost is the non-adhering to the basic principles of an In-camera trial as envisaged under the Section 37 of the Protection of Children from Sexual Offences Act 2012, though the same is followed to the teeth in the trial courts in Delhi, but I was shocked to see that the evidence of the prosecutrix including the examination in chief and the cross-examination was all done in open court.

    After this trial, I have taken up a few more matters including a trial under SC/ST act before the Rohini Court and another matter under section 376/354 of the IPC on behalf of the accused before the Dwaraka Sessions Court. But, yes for the readers I have to clarify that while I have taken up these matters I did thorough research on the subject matters of these cases and did a lot of consultation with senior colleagues who have had long experiences in handling these matters before the trial court, it is very crucial that we know the finer nuances of such trials before we start conducting one as life and liberty of person depends on us.

    Apart from this some basic things that I felt were a problem in other states was the lack of judicial infrastructure like stenographers for judges and in some courts, the courts even didn’t have a computer system. I think little changes in the whole justice administration system would affect the quality of the justice being delivered across all courts, especially trial courts.

    Your 45-day judicial internship with Justice Dalveer Bhandari seems to have been a turning point. How did this experience influence your perspective on legal practice, especially in the Supreme Court, and set the course for your career?

    The internship with Retd Justice Dalveer Bhandari is where it all started and it was my first experience at observing the practice and procedure at the Supreme Court of India. I along with my friend had the special privilege back then to join this internship as then the clerkship and the internship program was only for the students of the National Law Institutes and we would have had no chance at getting the internship if our Professor Ms Deesha Meshram had not provided us this opportunity. We were in our 8th Semester of 5-year Integrated law Course and had the basic knowledge of the subjects such as CPC, CRPC, Evidence etc, but this internship changed our perspective. During the internship our tasks included reading briefs of admission hearing matters and preparing a brief note and then finally presenting the matter before Justice Bhandari just like we do now in the Supreme court before the Hon’ble Judges, he would then ask us basic questions about the case about findings in the trial court judgement and things like issue involved etc. This exercise majorly helped me to see up close how the mind of a Supreme judge works and a brief idea of the kind of queries that can entail in a fresh matter. Our tasks also included providing the law clerk with research materials in the after-notice matters apart from observing the matters that we had briefed sir on being argued in court. It was truly an enriching experience and it was only after this internship that I made up my mind about settling down in Delhi and practising before the Supreme Court of India. Some of my positive takeaways from this internship were learning the basic skill of reading an SLP and the relevant papers, preparing a note and relevant case research on the subject matter and knowing how the synopsis and list of dates play a very crucial role in the fate of the matter before the Supreme Court.

    You’ve represented organizations like the National Institute of Technology, Srinagar (Garhwal), and provided litigation support to companies on a retainer basis. How do you navigate the dual role of legal advisor and litigator, and what challenges and rewards come with this multifaceted approach to legal practice?

    Over the span of 12 years of being a litigator i have had the opportunity to represent many corporations and companies before various courts some of them would be Uttarakhand University, NIT Uttarakhand,Transunion CIBIL, Carnival Cinemas etc. the key to working with big organisations and corporations is timely delivery of work and adhering to high professional standards. I completed my 1-year Post Graduate Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkatta in 2016 which helped me equip myself with practical skills related to business laws. Later in time, I ventured into providing my services on the advisory side related to Contract Drafting and allied services related to day to day functioning of the companies so that the companies could avoid or at least try to keep their disputes and litigation to the minimum. Time management and organising the work schedule between courts and the advisory work is the key to balancing the work between both the fields and rest having a good team to assist me helps me a lot. The benefit of playing the dual role of litigator and legal advisor helps one to broaden one’s horizon and then you are never short of work.

    In addition to your legal responsibilities, you’ve represented the Cricket Association of Uttarakhand. Are you an avid cricket fan yourself, and if so, do you have a favourite cricket memory or player that you hold dear?

    I like the game of Cricket and follow all the major tournaments, IPL etc., but no I have not played cricket at any level as such. I have been appearing for the CAU before Uttarakhand HC, District Courts and before the Hon’ble Ombudsman which is an internal dispute mechanism at the Association. Associating with the CAU has also been a great learning experience in getting to know the nuances involved in the cricketing field and kind of dispute and the resolution process before the Ombudsman which all is done in terms of the Constitution of the Association which is framed under the aegis of BCCI.

    Clearing the AOR exams is a significant accomplishment. How has being an Advocate on Record at the Supreme Court impacted your career, and what advice would you give to aspiring lawyers aiming for a similar milestone?

    As I mentioned earlier, clearing the AOR Exam was my dream from the day I started practising because I had fair knowledge about the role that is played by an AOR in the Supreme Court of India through my previous internship experience with Retd Justice Dalveer Bhandari. Nowadays we see a lot of people who have not practised at the Supreme Court or intend to practice at Supreme Court think that it’s crucial for one to be an AOR to appear before the Supreme Court which is not the case. The fact of the matter is merely clearing AOR exam doesn’t help one start practise at Supreme Court, but yes my advice would be that one should join some chamber and get to know the basic procedures of the court and functioning of the court and then try to clear the exam it would really help to make the mark may be in your first attempt. Further with regards to the exam I would advise all those who are preparing to start with the Supreme Court Rules and practising drafting petitions on paper as with the advent of computers we are more used to typing on our laptops you may be thorough with drafting but it’s really a difficult task when comes to doing the same manually, so the key is to try and time yourself in solving the previous year’s drafting problems that will give you an edge while you write your paper. My last word of advice is that try and keep the presentation of your answer neat considering the time you have to write the paper and answer all the questions.

    Get in touch with Ayush Negi-

  • “Be curious; Curiosity doesn’t always kill the cat. It drives you to explore, learn, and innovate, making you a more effective and impactful legal professional” – Senjuti Mallick, Space Law Specialist, Sr. Legal & Compliance Officer, COMSPOC Corp., USA

    “Be curious; Curiosity doesn’t always kill the cat. It drives you to explore, learn, and innovate, making you a more effective and impactful legal professional” – Senjuti Mallick, Space Law Specialist, Sr. Legal & Compliance Officer, COMSPOC Corp., USA

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

    Senjuti, your journey from ILS Law College in Pune to being a Space Law Specialist is truly fascinating. Could you share a bit about what sparked your interest in space law, and how you found your way into such a unique field?

    My fascination with space law began with a childlike curiosity about the galaxy and a passion for legal intricacies. This unique intersection of cosmic wonder and legal frameworks set me on a path that would ultimately shape my career in a remarkable way. Early on, I embarked on a series of independent research projects focused on various aspects of space law. What made these endeavors particularly intriguing was the dearth of readily available reference material at the time. I soon realized that this field wasn’t merely a collection of regulations governing celestial bodies light-years away. It was, in fact, a gateway to a profound understanding of how we, as a species, interact with our universe. Fueled by this passion, I followed a trajectory of continuous learning through education and specialized training, which eventually opened doors to opportunities where I could translate my knowledge into real-world applications.

    You’ve been recognized as a ‘Next-Gen Space Sustainability Leader’ by the Secure World Foundation and have been on several high-level panels as a subject matter expert. How does it feel to be acknowledged for your contributions, and what advice would you give to aspiring professionals looking to make an impact in the field of space sustainability?

    Being recognized as a next-gen leader and having the privilege of contributing at numerous high-level panels has been an incredibly gratifying and humbling experience. It’s a testament to the collective efforts of individuals and organizations dedicated to preserving the long-term sustainability of outer space, and I’m truly honored to be a part of this community. The recognition serves as a constant reminder of the importance of my work in ensuring the responsible use of space for future generations. As the space industry continues to expand, it is exciting to play a role in shaping the legal frameworks that ensure responsible and sustainable activities in outer space, marking a transformative era for space exploration.

    My humble advice to aspiring professionals in this field would be – stay informed, stay inquisitive, stay connected. Space sustainability is a complex, interdisciplinary arena; seeking diverse perspectives, collaborating across disciplines, and always considering the long-term implications of any space-related actions would be paramount. It’s a field that requires innovative thinking and a commitment to preserving the outer space environment for future generations, so look beyond the conventional and be adaptable.

    Apart from law, you’ve delved into teaching and programming roles at The Fletcher School, Harvard Law School, Space Generation Advisory Council (SGAC) and International Institute of Space Law (IISL). How have these experiences outside traditional legal roles influenced your approach to your profession? 

    Venturing beyond traditional legal roles into teaching and program management at prestigious institutions like The Fletcher School and Harvard Law School, as well as engaging with dynamic organizations like the SGAC and the IISL, has been a journey of immense growth.

    Teaching not only deepens one’s understanding of the law but breaking down complex legal concepts enables one to view these concepts through multiple lenses. On the other hand, project management and programming roles require one to look beyond legal issues and consider broader operational and policy implications. These experiences have allowed me to engage with a diverse array of students, academicians, and professionals from different cultural and professional backgrounds and have broadened my worldview. It has bolstered my belief in the value of diverse perspectives in solving complex global challenges, like those we face in space.  

    Lastly, these experiences have underscored the importance of mentorship and community building, which has inspired me to be not just a legal expert, but also a mentor and advocate for the future generation of space law professionals. They have reinforced the idea that being a space law specialist isn’t just about understanding the law; it’s about understanding people, technology, and the ever-evolving dynamics of space exploration and utilization.

    Your publications cover a wide range of topics, from ‘Artemis Accords’ to ‘Space Debris.’ If you had to pick one issue in space law that you believe deserves more attention or public awareness, what would it be, and why?

    Among the myriad issues in space law, the one I believe urgently warrants greater attention and public awareness is the management and regulation of space traffic. Space traffic management (STM) encompasses how we navigate, operate, and manage the increasing number of satellites and other space objects orbiting the Earth. With the burgeoning growth in satellite launches, the Earth’s orbits are becoming increasingly congested. This congestion poses risks of collisions, which can add significant amounts to the already existing millions of pieces of space debris, further leading to the Kessler Syndrome – a cascading collision chain reaction leading to increased space debris. This in turn poses a threat to functional satellites and, consequently, to crucial services like GPS, weather forecasting, and global communications that we rely on daily. Public awareness about STM is essential because the consequences of neglecting this issue impact everyone. It’s not just about safeguarding assets in space; it’s about maintaining the integrity of vital services that underpin our modern society. 

    My work at COMSPOC Corporation, a leading provider of Space Situational Awareness (SSA) solutions, has given me firsthand insight into the importance of effective space traffic management. COMSPOC’s cutting-edge technologies contribute to the monitoring and tracking of space objects, enhancing the safety and security of space operations. By seamlessly integrating SSA solutions into the broader STM frameworks, we can not only address the immediate challenges but also promote a sustainable and secure environment for future space endeavors.

    Away from the legal arena, you’re a TEDx Speaker and have been featured on podcasts. Can you share a bit about your experience as a speaker and how you connect your passion for space law with broader audiences?

    One of the most exciting aspects of such engagements is the opportunity to ignite curiosity and passion about a niche field, in people who might never have considered it. I find that storytelling is a powerful tool in this regard. By weaving complex legal concepts with narratives about space exploration, the potential future of humanity in space, or the challenges of managing space traffic, I can make these topics relatable and compelling.

    I also focus on the real-world implications of space law and how space improves life on Earth to drive home the fact that these are not abstract concepts; it’s something that affects everyone’s everyday lives. Additionally, these engagements allow me to dispel common misconceptions about space law. Many people think of it as a futuristic field, but when I talk about current issues like space debris or the legal complexities of lunar exploration, it becomes clear that space law is a dynamic and relevant field today. Ultimately, my goal as a speaker is to bridge the gap between the legal and space communities and the general public. I aim to demystify space law, encouraging more people to learn about, engage with, and contribute to this vital area that holds so much potential for our collective future. 

    Given your unique career, you must have had some unforgettable moments. Could you share one experience that felt truly out of this world, whether it’s related to your work or personal life?

    While there have been many unforgettable moments in my career, one of the experiences that stands out as truly ‘out of this world’ was exploring the depths of ice caves in Alaska. Venturing into the heart of these majestic caves, with their ethereal ice exuding hues of blues and greens, and echoing stillness, felt like stepping onto another planet. It seemed as if time had paused, with rocks and boulders suspended in the icy walls, like comets frozen mid-shower. The temperature, a biting -20℃, only added to the sense of being in a completely different world, one far removed from the familiar. It was a surreal reminder of the beauty and mystery that lie in unexplored spaces, whether on Earth or beyond.

    The other was exploring the Biosphere 2 research facility. This offered a glimpse into what sustainable life-support systems on other planets might look like. This experience was a striking example of the delicate balance we must maintain in our exploration and habitation efforts, both on Earth and in space.

    What other hobbies or interests do you pursue to unwind from your busy professional life?

    Gosh, that’s a tough one. I have too many of those. Trekking, hiking, running, dancing, and star gazing are some of my favorites. 

    If you can give one piece of advice to the coming generation who are just starting their legal career, what would it be, and why?

    Be curious; Curiosity doesn’t always kill the cat. It drives you to explore, learn, and innovate, making you a more effective and impactful legal professional. So, ask that extra question, shake that extra hand, give that extra smile, and go that extra mile. In the same breadth, be ready to listen, and accept that you may not have the right answers and that someone else might be more knowledgeable. 

    Get in touch with Senjuti Mallick-

  • “From Small Town Dreams to Supreme Court Realities: A Candid Conversation with Neelmani Pant, Advocate-on-Record”. Gain insights into the distinct responsibilities and pride associated with the role of a “friend of the court.”

    “From Small Town Dreams to Supreme Court Realities: A Candid Conversation with Neelmani Pant, Advocate-on-Record”. Gain insights into the distinct responsibilities and pride associated with the role of a “friend of the court.”

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

    How do you end up pursuing a career in Law? 

    I belong from a small town Ajmer, Rajasthan, my father is a lawyer in the same town, and I grew up watching him dress in black and white attire every day. We have a small office in the home where the clients used to come and share their cases in his office. Listening to them hiding behind the doors and watching my father helping them in every possible manner would always attract me towards this profession and here I am. 

    You graduated from M.S. Ramaiah College of Law, Bangalore in 2013. How does it feel being from (Non NLU) Law college – could you share your experience with us.

    Before joining this college I did give entrance exams of various National Law Colleges in 2007 (as CLAT was introduced in 2008) but was not selected in any.

    It was late mid-June when almost all the college admissions were closed and after rejections from all the national law colleges, I chose to travel alone by train from Ajmer for almost 42 hours to reach Bangalore in search of a good college.

    I made a list of reputed law colleges and decided to visit each one of them to try for a seat. The first on the list I visited was M.S. Ramaiah College of Law. At the entrance of the college, a big board was fixed displaying “admissions closed”. Not to lose hope I still managed to push myself and enter into the building walking towards the administrative room.  I swiftly entered the room where the manager had just ended a landline call by putting the receiver down and in a low voice I said “I want admission”. I was told to wait and have a seat, while the administrative persons had a meeting among themselves. After some time I was told by the manager that 80 seats of this academic year are full, however, a moment ago one candidate refused to join and now we have a single seat, are you carrying all your documents with you and the rest is history. This is the day when I learned the value of at least giving it a try and not giving up.

    It is true in today’s life various offices and firms judge based on the name of colleges, however, I would like to add that in my opinion being from NLU or non-NLU College does not make much difference, if you are sincere and are passionate about your work. In fact, being from Non-NLU in my case had only benefitted me for making me strong enough to face the challenges of a litigating lawyer as a career. 

    Not being the icing on the cake will only make you the bottom part of the cake which is hard and filling, meaning thereby stronger and in a way fruitful for your future if you want to pursue a career in litigation which is itself full of challenges. A will to learn and zest for life will never depend on what college or institute you belong to. Face the challenges and enjoy the journey.

    You graduated, Coming from a small town then working under an Advocate-On-Record at the supreme Court of India to becoming Yourself an Advocate-On-Record, How was the journey? 

    Being a lawyer is not easy, it demands lots of hard work, dedication and devotion. Especially, when you do not belong to this city that is in itself challenging. You have to live away from home starting from scratch. It almost seems like a never-ending struggle. After my graduation, I came directly to Delhi and shared a flat with my immediate seniors at Law College who were kind enough to give me some guidance. 

    I worked at various law offices where I was fortunate to be given the responsibility to handle matters individually. I used to draft, type and prepare it for filing and thereafter visiting courts for filing, everything right from:- 

    • page numbering,
    • attestation,
    • notarizing, 
    • court fees 
    • Photocopies etc, 
    • waiting in the queue for submission of the case at filing counter
    • curing defects
    • getting it listed and 
    • arguing before the court 

    While deciding a case in the court of law there is an abbreviated form of Latin Maxim de minimis non curat lex, “law is not concerned with small things.” However, in the practice of law, it works the other way round .i.e. “the practice of law is concerned with each and every small thing”. Until and unless you learn how in litigation the small and minute things work you will find it difficult to deal with major things.

    While digging the ground I never stopped looking at the sky. At the Supreme Court, I used to sit inside the court watching the proceedings in and out, observing the Hon’ble Judges their reactions and how learned advocates and senior advocates argue their cases and present themselves before the Court. Making notes, and learning the process and it is only a decade into 2023, with never to stop trying attitude and as they say “When there is a Will there’s a way” I cleared my Advocate-on-Record Exam.

    Your work involves a mix of civil, criminal and corporate matters. If you had to choose, which type of case do you find more thrilling and why?

    As recently Hon’ble Justice L. Nageswara Rao said:

    “There Is No Profession Thrilling Than Legal Profession”

    Well practice of the Supreme Court does require mixed knowledge of every subject, there is a CASE LAW paper in AOR Exam where one has to study all case laws around 64 judgments right from KESAVANANDA BHARATI SRIPADAGALAVARU VS. STATE OF KERALA & ANR. (Doctrine of Basic Structure Case) or LALITA KUMARI V. GOVTOF UTTAR PRADESH (Registration of First Information Report) to INDORE DEVELOPMENT Vs. MANOHAR LAL (Land Acquisition Case).

    Either Civil, Criminal or Corporate matters, the recipe is the same .i.e. mastery of facts, relevant statutes, research, and application of law/judgments, only the taste changes .i.e. the result.

    The thrilling part is not the subject, but the journey and the relief for which the client has engaged you and trusted you with the responsibility of seeking justice. When you give your best in the matter and present your true capabilities, knowledge, ideas, and skills of your experience, only then the whole process right from the first meeting with client up to the final argument stage the journey as a whole will thrill you and no matter what the subject is, your inner soul will always give a sign that yes you have done something worth for.

    Balancing a career as an Advocate-on-Record with various high profile cases, you must have some unique strategies for managing stress. What do you do outside of work to unwind and recharge?

    I am a son, a husband, a brother, and a friend. I am an old-school guy, I love being close to nature which keeps me calm and soothing and I also love to spend time with my family. Whenever I get time I travel back to my hometown and spend most of the time with family. In the morning I do give time to myself for at least 20 to 30 minutes, where I practice yoga, stretching, meditating, and gardening and relax with myself.

    In my opinion, there are no unique strategies for managing stress, in reality, there are not any because the simpler you live the simpler your life will be. In these hectic times of the world, people have stopped realizing that we work to stay away from these so-called words like stress, tension and problems etc., so how come working would give you stress. I am not denying that these issues don’t exist but once you are doing your work with true passion and dedication and have opted for the right profession that keeps you motivated you will automatically ignore the unwanted things in your life and would focus on improving yourself every single day.

    Being an Amicus Curiae in a service matter is an interesting role. How is the experience  compared to your usual courtroom battles?

    Well, it is a privilege and a great honour to be appointed as amicus by the Hon’ble Supreme Court of India and I am fortunate enough to play this role in my small legal career. As the Service matter is still pending consideration before the Hon’ble Supreme Court it would not be possible for me to discuss it.

    However, in comparison to usual courtroom battles, there is definitely a different sense of pride within you when the court recognizes you and shares the burden of responsibility on your shoulders. As an amicus you have to act as a “friend of the Court” and your endeavour must be to guide the court with all the facts and laws to reach every possible way of finding the right solution both for the Court and the litigant.

    Your journey involves work with a diverse range of legal matters. If you were to give advice to your younger self starting in the legal profession, what would it be, considering both the professional and personal aspects of your career?

    OBSERVE THE COURT:-

    I still remember in my initial days I attended a chamber matter before Hon’ble Mr. Justice Amitava Roy. My matter was listed as Item No. 12 and all the matters that were listed were for the reason of not curing the defects, for that reason the matters were pending in the registry.

    During Item 1 to 10, I observed that in every Item Your Lordship was asking how much time you need to cure the defects and the Advocates were asking for 6 weeks, some asked for 4 weeks or 3 weeks time, the court was strictly taking Action against the advocates for not curing the defects timely and in almost every matter your lordship were passing order “as a Last opportunity counsel is given 2 weeks to cure the defects, failing which the Special Leave Petition will stand dismissed”

    In item 11 your lordship had again asked “how much time” counsel replied “4 weeks”, and the Court said “2 weeks and failing which the Special Leave Petition will stand dismissed” with a comment “pull up your socks”.

    When item 12 was called out I walked towards the desk and was asked by Your Lordship “Yes sailing in the same Boat, how much time do you need” I replied It is my fault for not curing the defects timely and I leave it to my lords any time as would be directed I would cure the defects” and in response, an order “6 weeks’ time granted to cure the defects”, without any condition of dismissal. 

    In short, it is very important to read the mind of the court and decide in what manner you can drive the court in your favor.

    BE PATIENT:-

    My message to the readers is: Be patient, and be diligent as this profession does not give any overnight success stories. This profession sometimes also demands sacrifices, as I can relate with those who come from outside the city in the hope of fulfilling their dreams, “you might lose many things but believe me you will achieve everything”. In the end I can only share the slogan by Great Swami Vivekananda:

    उत्तिष्ठत जाग्रत प्राप्य वरान्निबोधत,क्षुरासन्न धारा निशिता दुरत्यद्दुर्गम पथ: तत् कवयो वदन्ति |

    Arise! Awake! Approach the great and learn. Like the sharp edge of a razor is that path, so the wise say—hard to tread and difficult to cross.

    Get in touch with Neelmani Pant –

  • My first piece of advice to aspiring arbitration specialists would be to gain experience in trial courts where cross-examination is critical- Hiroo Advani, Founder & Chairman, Advani Law

    My first piece of advice to aspiring arbitration specialists would be to gain experience in trial courts where cross-examination is critical- Hiroo Advani, Founder & Chairman, Advani Law

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

    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.

    Get in touch with Hiroo Advani-

  • Today businesses have become more international than ever, and multijurisdictional experience undoubtedly adds to your credibility- Nitin Kala, Co-founding Partner, RegLaw Chambers

    Today businesses have become more international than ever, and multijurisdictional experience undoubtedly adds to your credibility- Nitin Kala, Co-founding Partner, RegLaw Chambers

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

    Can you tell us about your journey into the field of law? How did you decide to pursue a career in this field?

    I am a lawyer by default. For me law was an unlikely choice. As a child I was fascinated with planes and so dreamt of pursuing a career in flying but later, since I didn’t have best of the eyesight which is quintessential for being a pilot (particularly Airforce pilot), I harbored interest in doing MBA and eventually taking up c-suite job with an MNC.  Gladly, the universe had other plans for me.    

    Soon after I graduated from Campus Law Centre in 2004, I briefly worked on the original side before trial courts and the High Court of Delhi. In 2006 I went to King’s College London for LLM. During my LLM I secured an opportunity to intern with the British Institute of International and Comparative Law, London, which is one of the leading independent research centers for international and comparative law in the world. It was only during my studies in the UK that I developed interest in law. 

    After coming back from London in September 2007, I worked briefly with Singhania & Partners. Thereafter, the same year I joined Fox Mandal Little. Here I was part of the disputes team doing general litigation and arbitration matters and worked till 2010.  

    In June 2010, I joined J. Sagar & Associates (JSA) in New Delhi, where I worked for almost 7 years. At JSA I was part of the regulatory & policy team and for the first time got introduced to the diverse infrastructure sectors such as energy, telecom, cable & broadcasting, aviation etc.

    I left JSA in December 2016 to head the legal & regulatory function for Media.Net Advertising FZ-LLC (a multibillion-dollar Ad Tech co.). It was a one-year stint as Vice President (Legal & Regulatory), based out of the company’s headquarter in Dubai, UAE, and my role involved advising the management on US, China and EU laws & regulations around the company’s business and technology and coordinating and supervising litigation matters of the company across different jurisdictions. 

    I returned to India in January 2018 to start my own firm along with my partner, who is also ex-JSA, under the name ‘RegLaw Chambers’. The firm specializes in regulatory, policy and legal matters across telecom, media & technology (TMT), cable & broadcasting, space, energy, oil & gas, aviation, environment, ports, real estate, highways and other infrastructure areas. In 2022, I was called to the Bar as Barrister in England & Wales at Gray’s Inn, London.

    What have been your key take aways from your journey as a first-generation lawyer?

    Legal profession is extremely demanding and to sustain a career in law you need to be resolute. Nothing can supplant hard work, commitment, and knowledge. Everything that is required for having a successful legal career only gets amplified for a first-generation lawyer, including the challenges. Therefore, as a first-generation lawyer one needs to have unflinching determination. In my survey the two necessary attributes that one needs as a lawyer are knowledge and articulation, both of which can be acquired with persistent hard work. 

    Could you share some insights into the nature of your work and the sectors you focus on?

    My area of practice is regulatory, disputes and general corporate commercial laws within the regulated sector of the economy, such as telecommunication, cable & broadcasting, technology, space, energy, oil & gas, aviation etc. I advise on certain highly niche areas, such as outer space, undersea cabling, IoT/M2M, privacy & data protection, investments etc. My practice is a good mix of disputes and advisory. I regularly appear before diverse regulatory fora and courts for my clients. While regulatory happens to be the core area of my work, I do take up matters on the civil and criminal side as well. 

    Since you have also worked in-house internationally, could you tell us about some of the challenges working across different jurisdictions presents?

    The fundamental challenges that multi-jurisdictional work entails are different time zones, different laws/regulations and different systems. Certainly cross border issues are generally very complex. When you are coordinating or conducting work across different jurisdictions, the foremost task is to map all applicable laws and survey precedents. Concurrently, you engage with lawyers from different jurisdiction(s) to help gauge the situation and ascertain possible outcomes and recourses available to achieve the desired outcome. All of this requires immense work since you are often working in unfamiliar jurisdictions.  

    In 2018, you started your own regulatory disputes practice under the name ‘RegLaw Chambers.’ What motivated you to establish your own firm?

    While working in the law firm I and my partner (who is also a co-founder with me in RegLaw Chambers) occasionally had chats about someday going independent. But we could not then traverse through the comfort and security of working in a big law firm. In 2016 we parted ways briefly when I left the law firm to pursue an international career. This period of staying away from India was a moment of reckoning for me. During my time abroad I worked closely with founders of billion dollar start ups and was part of the process of setting up start-ups in different countries. I suppose it was then that I gathered confidence to do something on my own and uncovered the real worth of my domain expertise. 

    How has this multi-jurisdictional experience influenced your approach to legal practice?

    Today businesses have become more international than ever, and multijurisdictional experience undoubtedly adds to your credibility.  The wide expanse of my work over the years right from litigation, negotiating deals, closing investments, and handling regulatory investigations across jurisdictions could not have been possible without my multi-jurisdictional experience. 

    The exposure to other jurisdictions surely has had an indelible impact not just personally but also professionally. It has been a point of inflection where today I am not risk averse and more versatile than ever. This aside, the confidence that I acquired in handling complex matters is supreme. 

    Could you share any memorable experiences or lessons you have learned during your journey as a lawyer that have had a lasting impact on your professional and personal life?

    If I was to telescope my several years of experiences and lessons as a lawyer, 

    I would say this – If you create value in you, it’s only a matter of time before the world finds you worthy of notice. 

    I am an ardent believer that what you make of your life is your responsibility. Do not expect people to come and help you. Also do not permit anyone to come and define you for you. Be confident and persevere through all situations.       

    As a final question, considering your extensive experience in the legal field, what advice would you give to fresh graduates who are just starting their careers in law? What skills or qualities do you think are crucial for success in the legal profession?
    My advice to young lawyers would be to constantly invest in yourself to make yourself valuable. By investing, I infer acquiring knowledge and skills needed for practice of law. Never go unprepared to court or for a meeting. Constant improvement and striving to know more than your audience must be the perennial theme. And always work with 3 Cs viz. conviction, confidence, and congruence.

    Get in touch with Nitin Kala-

  • I have learnt the three important cardinal principles behind the making of a good advocate- knowledge, perseverance and discipline- SS Ahluwalia, Managing Partner-Chambers of SS Ahluwalia

    I have learnt the three important cardinal principles behind the making of a good advocate- knowledge, perseverance and discipline- SS Ahluwalia, Managing Partner-Chambers of SS Ahluwalia

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

    Can you tell us about your journey and how you ended up pursuing a career in law? What inspired you to choose this profession?

    I belong to the family of lawyers. I am a third generation lawyer. My grandfather Sardar Kuldeep Singh started his practice from Lahore High Court and after 1947 he continued the practice in India. Thereafter my father Mr APS Ahluwalia Sr. advocate started his practice in 1971. Our chamber is almost a hundred years old in the legal profession. In order to continue the legacy I chose to be a lawyer. I qualified LLB in 2004; and after qualifying LLM from Cardiff University, United Kingdom in international corporate laws, I joined JSA in the team of general corporates and capital markets. I did many private equity transactions and IPOs during my three years experience at JSA. But my love for litigation had never ended. I always used to see the working of litigation lawyers at Ahluwalia Chambers that always fascinated me. Someday I had to make a decision to join my family office, to continue and pursue the legacy left behind by my grandfather. So I joined my father’s chamber known as Ahluwalia Chambers. 

    You have extensive experience in various areas of law, including commercial arbitration, corporate commercial and contract law, media-entertainment, property & succession laws, banking and recovery laws, fraud and white-collar crime laws, and constitutional disputes. How did you develop such diverse expertise, and what attracted you to these specific practice areas?

    I have almost 19 years of experience at the bar. As a lawyer, I have always learnt that one should never try to focus on a particular subject in the initial stages of practice. With the advantage of joining a family chamber I tried working on every case as and when it was required and it is required. According to me a lawyer is always a student of law who has to learn from everyday experience in the court. Having said that, the lawyer has to look for the opportunity to appear in as many legal issues which helps him build his practice and experience at the Bar. It is this experience by working on various legal issues the judicial mind starts working which is also the building of the court craft.

    Throughout your career, you have represented clients in the Hon’ble Supreme Court of India, Delhi High Court, and various tribunals and appellate authorities. Can you share some notable cases or achievements that you are particularly proud of?

    According to me every brief on the Advocate’s table is important. But at times there are certain cases which are labelled as landmark judgements. This experience is always in the career every practising advocate. This also helps in building a in him/her a true lawyer and a confident practitioner. Some of my noted judgements in which I had been able to get legal points establish as precedents such as Arun & ors. Vs State, NHPC vs. Patel L&T JV, Brig.Dhir vs. Parsvnath Developers Ltd, Aroon Purie vs. OP Bhola & Ors. ; IFCI vs Ceylon Biscuits, Sunil Sikri vs GHPS & Ors., Hargovind vs. State; And few more. But I think that every case has always been very important to me and I always try to put the best of my abilities. As an advocate, I am first officer of the court to assist the court for adjudicating the dispute. It is my duty that I do put the case before the court to achieve the success for my client. We can’t be emotional to any brief. To get the justice, an advocate is duty-bound to his client to do justice with his brief.

    You have represented a wide range of clients, including statutory bodies, PSUs, private limited companies, and infrastructure companies. How do you approach representing different types of clients with varying legal needs and challenges?

    Chamber practice is very different from the corporate firm practice. As a litigation lawyer. We don’t approach the client. The clients look for the lawyers suitable to them in the market as per their requirement. I also believe that good work is always recognised in the commercial world. There is always space for everyone but abilities are to be shown. Under the Advocates Act we have many restrictions. Primarily we cannot advertise ourselves so the only way to make yourself recognised in such a huge competitive world is to perform to the best of your abilities and the client will definitely follow. To some extent, networking and word of mouth by friends and existing clients also helps in building up the client base.

    As an advocate, you have been involved in high-stakes disputes involving substantial sums of money. Could you share some insights into handling such complex cases and the unique challenges they present?

    Every case has unique facts and legal issues involved. Not only that every case has its own line of action irrespective of the stakes involved. The sum of money doesn’t matter, what matters is the resolution to the problem. So as an advocate we have to get into the complexity of every dispute with the existing precedents. Without the application of proper law, it is not possible to convince the court. The most difficult challenge arises when the opposite lawyer is a senior advocate. Although it’s a learning experience, at the same time, it becomes more challenging to contest against someone who is designated by the court as a judicial expert. Nevertheless, such challenges help in making you a hard-working and laborious lawyer.

    Apart from your litigation practice, you also have experience in legal drafting and have several reported judgments to your name. How do you balance the different aspects of your legal practice, and what skills are essential for success in both litigation and legal drafting?

    A good drafting skill is inevitable for an advocate. Until and unless he/she doesn’t have the skill of putting the case properly in the pleadings, it is not possible for an advocate to put it before the court. Drafting and arguing are related to each other. Both the skills are learnt with the experience. There is no automatic or quick route to it. While preparing the case always remember to refer to the statutory provisions and the settled law. It is very important that a lawyer should be very conscious about each and every fact before preparing the pleadings. At the same time, this experience also helps in drafting, legal opinions, contracts and other legal documents. 

    You have been recognized for your professionalism, ethics, and pragmatic legal advice. Can you share some strategies or principles that guide your approach to client representation and legal advocacy?

    I think it is discipline. I have inculcated discipline while looking at my father; and the ethics he follows in the profession. It is very important that we always follow our respected seniors at the bar. They are the real mentors for the budding lawyers. Their experience guides us to become a good lawyer as well as the officer of the court. It is from that experience, I have learnt that I should always be honest to the client. False promises are always dangerous. Be true to your brief and guide the client within the legal perspective.

    Being appointed as amicus curae by the Hon’ble High Court of Delhi and serving as Standing Counsel for Delhi High Court Services Legal Aid Committee, you have been involved in civil and criminal cases from a broader perspective. How has this experience shaped your understanding of the legal system and the role of advocacy in promoting justice?

    It is very important as an advocate to serve the society. India is a huge country with various kinds of people in Indian society. As the litigation has become expensive. At times it is difficult for everyone to afford lawyers, especially good lawyers. The legal aid provides legal services at free of cost to the citizens who are not able to afford litigation. While working as a legal aid lawyer, it made me realise the sufferings of the needy. I also got the opportunity to appear in a variety of issues before the Hon’ble High Court. It is the true experience, where you put forth the case without any financial interest and that’s the passion needed in you to provide the best of the output. It gives immense satisfaction and of course the appreciation of the court. 

    As an advocate, it is an honour to be appointed as amicus curae. It is an opportunity for assisting the court as its friend. Any kind of assistance given by the lawyer is always appreciated by the court. So it is important to give the best as Amicus. 

    Given your vast experience and knowledge in the legal field, what advice would you give to fresh law graduates who are just starting their careers? What key lessons or principles should they keep in mind as they embark on their professional journey?

    I have learnt the three important cardinal principles behind the making of a good advocate- knowledge,  perseverance and discipline. Success in the legal profession is not overnight. My father always says that the youth of the lawyer is lost on the table. Spend maximum time reading the latest judgements, and update your knowledge. Always prepare the brief well in advance. While entering the court, a lawyer should always be ready with brief. Avoid seeking adjournment because every hearing is an opportunity. Always sit in the courtrooms and attend the court proceedings attentively. 

    Lawyer needs to have patience in order to establish himself as a litigation lawyer. This might lead to difficult days as well but the passion and sincerity towards the establishment of practice is the only driving factor for a lawyer. It is important that young lawyers should encash every opportunity and should not refuse any brief for the sake of fee.       

    It is important that a lawyer is socially strong. From the very first day while entering the profession Start working to Develop your goodwill amongst the members of the bar. Young lawyers should be respectful to the seniors and the court because one day you will also become a senior member of the bar.

    Lastly, with your involvement in legal conferences and your contributions to various media publications, could you share some insights into the importance of staying engaged with the legal community and sharing knowledge with a broader audience?

    Indeed, it’s a wonderful experience to share knowledge at conferences, not only that by listening to other speakers we also gain knowledge. Legal conferences also help you be introduced to potential clients. It also helps in building your social network. The client building process is very gradual- out of sight is out of mind. So it is necessary that an advocate continues to show his existence by way of writing articles or attending legal conferences as and when the opportunity is given.

    Get in touch with Sukhamrinder P. Singh Ahluwalia-

  • Working in the Supreme Court on a wide range of issues from various fields and areas of law requires a multidimensional approach, which is rewarding- Aditya Bharat Manubarwala, Counsel, Supreme Court of India

    Working in the Supreme Court on a wide range of issues from various fields and areas of law requires a multidimensional approach, which is rewarding- Aditya Bharat Manubarwala, Counsel, Supreme Court of India

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

    Sir, could you please tell us a little about your background and how you first became interested in pursuing a career in law?

    I was born and raised at Mumbai before I finally shifted my primary base to New Delhi to practice at the Supreme Court of India apart from maintaining a dual practice in other regions of India particularly- Mumbai and Chandigarh. I hail from a quintessential family of Advocates and Solicitors. My mother is practicing as an arguing counsel at the Bombay High Court and other forums at Mumbai since the past 37 years while my father is an Advocate, Solicitor qualified from the Bombay Incorporate Law Society and Advocate on Record at the Supreme Court. This year (2023) he completes 50 years as a practicing Advocate. My elder brothers and their wives are Advocates as well. My father founded a full service law firm at Mumbai 45 years ago. I have subsequently established the litigation practice of the firm at New Delhi, Chandigarh and Ahmedabad with associate offices at Vijaywada, Chennai and Kolkata. Interestingly, my wife and her entire family including her parents and grand-father are also Advocates based at Shimla Himachal Pradesh. I have founded my own Litigation Chamber-set at New Delhi by the name –‘Chambers of Aditya Bharat Manubarwala’. My wife – Akriti A Manubarwala and I jointly operate the Chambers; our team includes four full time Junior Counsels as well as Six Of-Counsels at New Delhi and Mumbai.  Undoubtedly, being raised in a family of lawyers had its impact on me; my causal visits to my parents’ law firm, my interaction with their lawyer friends, my occasional visits to the courts, particularly the Bombay High Court made me develop basic knowledge and idea about the legal profession much more profoundly in comparison to my non-lawyer family background friends. However, despite this background, my interests as a child lay in becoming a Doctor; as a teenager I wanted to be a journalist.  My views changed completely after I got exposed to the lectures and interviews of Mr. Arun Jaitley, Senior Advocate, Supreme Court of India and former Finance Minister of India. I have been an ardent follower of Mr. Jaitley and a self-proclaimed fan since my school days. Since school days, it has been my deep desire to contribute to the growth and development of India. Initially I thought I could do so by being a doctor or a journalist, however, upon closely observing Mr Jaitley’s journey, I got inspired to practise litigation while concurrently dabbling in the field of public policy and politics. As a seventh grader, I was caught by parents mimicking an Arun Jaitley speech in front of the dressing table in my house. I feel, subconsciously, I continue copying and attempting to emulate him. He was truly Guru Dronacharya to me. He was a guru I never met, saw, or spoke with, but whose profound influence continues to shape my career and personality to this day and will almost certainly shape me until my death….

    Tell us about your journey from law school, to Supreme Court including your experience pursing the prestigious Master in Law (LL.M) in International Law Degree at the University of Cambridge?

    I graduated from Pravin Gandhi College of Law, University of Mumbai. Being from a conventional law college has its share of challenges in this NLU-driven legal education regime that we find ourselves in. Faced with this gargantuan challenge of proving my worth, I embarked upon my legal education in a rather structured manner thanks to the advice offered to me by Dr. Justice DY Chandrachud, Now Chief Justice of India, then Chief Justice of Allahabad High Court, who suggested I follow a theme-based model in relation to planning my internships. Themes suggested were – an NGO internship, a policy internship, judicial internship, litigation internship, etc. Apart from following the aforesaid model, I concurrently spent a significant amount of time and energy honing my public speaking skills by way of debates. I won fifteen national and international debate competitions and was even featured in The Indian Express for them. I wrote extensively, first in my own blog, then research papers in law journals and finally in newspapers and blogs. My habit of writing has continued, years after my graduation. I believe writing requires clarity of thought and precision derived from sound research. Writing regularly is akin to working out the mind, and this in turn has a direct positive impact on one’s speaking abilities. Regularly writing and researching has helped me develop my courtcraft as a counsel to a great extent. As of 18-10-2021, I have been published in newspapers and journals across nine countries, including the USA, UK, Belgium, Thailand, Bangladesh, Pakistan, India, Nepal, and Afghanistan. Even now I regularly contribute Op-Ed articles to prominent news papers like – The Hindu and The Indian Express    

    Looking back, it seems like quite a journey. My first brush with the Supreme Court was as a “Research Associate” in 2016 to Mr Justice F.M.I. Kalifulla, then a Judge, of the Supreme Court of India. I remember a rather funny anecdote. I was interning with Mr Justice Shantanu S. Kemkar, then a Judge of the Bombay High Court, in June 2016. It was my first judicial internship. Upon completion of my internship in June with Justice Kemkar, I informed him about my next internship as a Research Associate being in the Supreme Court of India in July 2016. Justice Kemkar in jest said that “you got promoted from High Court to Supreme Court in just a month, certainly much faster than me”. Although said in complete jest, his statements proved correct in a rather different sense. Upon commencing work at the Supreme Court, I grappled with vast, disparate laws. The breadth and sheer diversity of the work I experienced in the Supreme Court was far more than what I experienced in the Bombay High Court. It dawned upon me that practising in the Supreme Court is certainly difficult, but the experience and knowledge gained is insurmountable and unparalleled to working in any other court in India, or maybe the world.  My next brush with the Supreme Court was upon my selection as a Law Clerk-cum-Research Assistant to Mr Justice Vineet Saran, Judge, Supreme Court of India. I worked on one thousand cases whilst there. Working as a law clerk and subsequently as an Advocate at the Supreme Court of India has been one of the most enriching experiences of my life. Working in the Supreme Court on a wide range of issues from various fields and areas of law requires a multidimensional approach, which is rewarding.   As a law clerk, I provided significant research on on-going cases up for final hearing. Amongst other things, I also prepared short briefing notes which essentially summarised the entire special leave petition in 1 or a maximum of 2 pages. My ability to comprehend, process, and interpret vast, diverse, and frequently complex legal propositions grew significantly as well. One of the Judges of the Supreme Court of India once told me early in my tenure, that a lawyer, who can write well, is a lawyer who can speak well. I could not agree more with this. As a law clerk, a significant amount of time is spent reading paper books related to important cases, which is then processed and churned out into concise notes; a logical corollary of this is improved writing skills, which, in turn, significantly improves verbal communication. A clerkship serves as a great prepping experience for a lawyer attempting to build his/her life in litigation, especially as an arguing counsel.   Upon completion of my tenure as a law clerk, I pursued an LLM at the University of Cambridge. While there, I was offered a job as an associate by a top-tier law firm in London. However, all my life I viewed the law as a tool towards social transformation. I always believed in making a difference by being the difference. I deftly avoided succumbing to the temptation of a high paying “fancy” job in the UK and decided to return to India to play my small part in nation building. Once back in India, my experiences and exposure as a law clerk motivated me to commence practice at the Supreme Court of India as a counsel. I closely work on cases on behalf of the State of Maharashtra, State of Goa and State of Madhya Pradesh at the Supreme Court, apart from maintaining a commercial and corporate practice at the National Company Law Appellate Tribunal, New Delhi and Bombay High Court. I also appear on a regular basis before Arbitral Tribunals presided over by former Supreme Court and High Court Judges Apart from my life as a litigating lawyer, I also deliver guest lectures and speeches at national law universities, law colleges and professional bodies. I also work closely with the Parliament of India on issues of law and public policy. I have been appointed by the Union of India and the State of Madhya Pradesh as their Counsel at Supreme Court, making me one of the youngest Advocates representing them at Supreme Court.

    Kindly share with our readers your experiences as a young litigator at Supreme Court and share any advice you would like to young law students planning to join the field of litigation.

    I will not lie; initial years as a young litigating lawyer are tough. It is not a bed of roses. There is an assumption that having a legal background helps one get flooded with work. I beg to differ. Clients trust a lawyer by his own ability and more than anything else the results delivered. The best publicity in the legal profession is by word of mouth. It takes several years of hard work and consistent performance for ones practice to start developing. I have been fairly fortunate to have work coming to me from the word go. I initially joined the Chambers of Mr. Tushar Mehta, Solicitor General of India and concurrently worked as Of-Counsel to the then Mr. Arun Pednekar, Standing Counsel of Goa at Supreme Court (now Judge of the Bombay High Court.) Both my seniors were very encouraging, they helped me not only learn the tricks of the trade in terms of knowledge development and exposure but also gave me the freedom and confidence to develop my own private practice. I was advised by Mr. Soli Sorabjee who was our family friend that to survive at Supreme Court one needs appeals coming from at least two states regularly. I took these words very seriously and spent considerable amount of time developing my relations and networks in multiple Indian States including Maharashtra, Goa, Andhra Pradesh, Himachal Pradesh, Punjab, Haryana and Gujarat. Initially, I did not get much success but as time went by my work increased from all these States and now I have regular work flowing from these States. As my work started increasing, I would re-invest my earnings back in the profession by establishing my own office, dedicated team of staff and junior counsels. I believe that for optimal and sustained growth, young professionals should avoid saving money, they should re-invest what they earn back in developing their profession. For every amount invested in the profession, the profession gives back in leaps and bounds. It is important for a young lawyer to not get demotivated or dejected. The first five years in litigation are very demanding and most leave the litigation field due to lack of success. It is also important to not compare your financial growth with your peers in corporate law. The growth in litigation after initial years of struggle is multi-fold and much more than any possible increment in salary. A successful litigating lawyer is any day more well to do financially than a corporate lawyer. I also sincerely suggest young lawyers to never limit themselves to any one forum. I have been fortunate to get lot of work at Supreme Court initially but I am always open to going to other forums for work. Being a ‘Yes man’ is a mantra every young lawyer should master in relation to being open for work in other forums. It is also important to have your work coming from diversified sources. Being too dependent on one source can be very dangerous. For instance, I have not let any one source of work exceed 20% of my total work. This way even if one source of work stops, there is no devastating impact on ones work flow and income.    

    Can you share the type of work you do on a daily basis and the kind of cases you take up?

    I do a mix of commercial, corporate, criminal, service and civil litigation. I also appear on behalf of State of Madhya Pradesh and Union of India as their Counsel at Supreme Court. I also regularly appear before Hon’ble Supreme Court of India, New Delhi High Court, Bombay High Court, National Company Law Appellate Tribunal, National Company Law Tribunal, National Green Tribunal, Central Administrative Tribunal, National Consumer Forum, State Consumer Forum, Appellate Tribunal for Electricity. My area of practice broadly includes – Public & Constitutional Law, Banking law, Corporate laws, Insolvency & Bankruptcy Code, Civil and Commercial law, Energy law, Consumer and Insurance Law, White Collar crimes, Environmental law, Service and Labour law, Real Estate and Property

    Law, SEBI, Electricity laws amongst others.

    You have been in many international roles from the time you graduated-Advisory Board Member for Asian-African Chamber of Commerce and Industry, Global Peace Ambassador to India, Special Advisor to President of Afghanistan. What is the most challenging role you took up? And what is your most favourite role?

    All roles have had their share of challenges. I cannot single out one particular role, but the most unconventional role has been that of being Special Advisor to the Office of the President of Afghanistan, Ashraf Ghani. I assisted in working out a framework for the Afghan National Water Policy, focusing particularly on the international water dispute resolution mechanisms between Afghanistan and Pakistan and Iran. I also prepared a policy document on reforms to the courts and administrative system of Afghanistan adopting a comparative international approach, particularly studying the Indian, UK and American models.

    Get in touch with Aditya Bharat Manubarwala-

    Phone number- +91 98198 25338