Super Lawyer

Tag: Kings College London

  • 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 think the only thing that any legal professional can do is to be open to new learnings, think outside the box and adapt to the changing regulatory landscape- Anubhuti Mishra, Partner at P&A Law Offices

    I think the only thing that any legal professional can do is to be open to new learnings, think outside the box and adapt to the changing regulatory landscape- Anubhuti Mishra, Partner at P&A Law Offices

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

    Please tell us about your educational background and the path that led you to pursue a career in law, particularly specializing in competition law?

    I have always had a keen interest in economics and competition law. I studied an optional paper on competition law while pursuing B.A. LLB (Hons) at Hidayatullah National Law University, Raipur and participated in a few antitrust law moot court competitions. I graduated in 2013. During the first couple of years post my graduation, I was working across general corporate and project finance. But even during this period, I was closely involved in adjudicating competition law moot court competitions and academic writings related to the field. So eventually, I decided to pursue a specialized post graduate degree course in competition law in order to switch to this practice area.

    What motivated you to focus on competition law, and how did your LLM in Competition Law from King’s College, London contribute to your expertise in this field?

    As I mentioned, I was always interested in competition law as an academic stream and a practice area. I had interned in various competition law teams during my undergraduate degree and I had worked with the alumni from King’s. I also researched about the faculty in various universities offering an LLM in Competition Law and the faculty at King’s seemed to be a remarkable group of full time academicians, practitioners and ex-members of competition regulators from various jurisdictions. I had an offer from a few other universities in London and in the USA, but I ultimately decided to go to King’s. I would always encourage people to check the particular department they are interested in before deciding on a university, as this is directly related to the kind of exposure you would get and the type of people you will be networking with. This will decide the kind of opportunities you will likely encounter post your degree. Given the diverse academic and professional background of the faculty at King’s, I feel studying at King’s not only offered me a good insight into the practice of competition law in mature jurisdictions like the UK, EU and USA, but also helped me understand varied perspectives on the subject – that of academic scholars, practitioners and people who had been involved in policy making. Such understanding and exposure helps shape your own approach towards the practice area and definitely contributes immensely to your learning curve.

    Could you share some of your experiences and highlights from your work as a Partner at P&A Law Offices, especially in the area of merger control? What are some notable cases you have worked on and the outcomes you achieved?

    I have had the opportunity of working on some challenging combination filings as well as gun jumping cases, during my stint at P&A. One case that stands out is the Amazon-Future Retail case, where the Competition Commission of India (CCI) has passed an order keeping in abeyance an approval granted by it more than two years ago. This case is currently pending in appeal before the Supreme Court. It is one of the most interesting and challenging cases I have worked on not only because it involved a lot of economic analysis during the filing and review of the notification itself, but also because it involves a lot of important questions around the interpretation of the CCI’s powers of review in relation to combinations and the threshold for establishing a case of gun jumping and non-disclosure or misrepresentation in combination filings.

    In the field of enforcement and litigation, you have represented major companies like Tata Steel and Amazon. Can you discuss a specific case where you successfully defended a client against allegations of cartelization or unfair trade practices?

    I have personally worked on a cartel investigation against the Bearings Division of Tata Steel and I would consider that case to be a success as well, because despite the fact that the investigation was initiated on the basis of two leniency applications, no penalty was ultimately imposed on the opposite parties. It was quite an interesting case as it involved a lot of economic analysis of challenges faced bythe industry as such as well as examination of the evidence on record to prepare our defense. I have, in the past, successfully represented Amazon in some informations that were dismissed by the CCI at the prima facie stage itself. However, with the shift in regulatory focus since the publication of the market study on e-commerce in India, digital markets are facing increased scrutiny and it is immensely humbling and rewarding, at the same time, to have the opportunity to work on cases which will set the regulatory standards for e-commerce in India.

    As an advocate, you have also been involved in coaching and adjudicating various moot court competitions. How have these experiences shaped your understanding of competition law and its practical application?

    I have always believed that the learning of law transcends the classroom and moot courts are definitely one of the best ways to achieve conceptual clarity and test your skills of interpreting the law. This is more so in the case of Indian competition law, as the regime itself is barely a decade old and the body of jurisprudence is still evolving. And given the underlying economic and commercial analysis that is inherent to this field of law, mooting can certainly provide budding competition lawyers with the necessary skillset of legal analysis, research, procedural nuances and interpretation which can help them in the actual practice of the law.

    Apart from your legal work, you have also published articles on topics related to competition law and commercial dispute resolution. Can you briefly discuss the key points of one of your publications and its significance in the context of the Indian legal landscape?

    I think one of my first publications in the field of competition law was an article on the approach taken by the CCI in 2015 in relation to online marketplaces like Amazon, Flipkart and Snapdeal and highlighted how the CCI affirmed the principle that competition law is for the protection of the market as such, and not individual competitors. The e-commerce sector was still evolving at that time and the regulatory intervention was limited. In fact, it is serendipitous that my dissertation during my LLM was on merger review standards for multi-sided platform markets and I eventually went on to work on such cases involving digital markets. And now the regulatory focus is changing in light of the evolution of e-commerce in India in the last few years and the need of the hour is to balance the incentive for innovation while protecting competition.

    In your opinion, what are the emerging trends and challenges in the field of competition law in India, and how do you think the legal profession can adapt to these changes?

    I think these are some exciting times for practitioners of competition law, given the review of the last decade of enforcement of the Competition Act and the new amendments that have been introduced (and some of which that are yet to come into force). Both the merger control regime as well as the enforcement regime are set to undergo significant changes, both procedurally as well as substantively. Recent and proposed changes such as the introduction of confidentiality rings, green channel combination filings, settlement and commitment mechanisms, etc. are yet to be tested on ground, against the unique Indian commercial reality. This is already making businesses as well as legal practitioners recalibrate the conventional approach that was carefully developed over the past decade. I think the only thing that any legal professional (not just competition law professionals) can do is to be open to new learnings, think outside the box and adapt to the changing regulatory landscape. Learning is always a continuous process in the legal profession and that is the way to cope with evolving legal systems.

    Can you share any memorable experiences or lessons you have learned throughout your career that have had a significant impact on your professional growth?

    I believe you can always find something to learn from every new case and from every new person that you come across. It’s tough to choose any one experience which has shaped my professional growth. But if I have to cite one instance, then it would probably be working on a writ challenge that we had filed on behalf of a client against an ex parte prima facie order issued by the CCI, directing an investigation against our client. We were before the Karnataka High Court and Mr. Gopal Subramanium was leading us in the matter. The admission stage hearing went on for three consecutive days and we eventually got an interim stay. But those three days were harrowing as well as exciting. I personally believe, that I learnt the most – in terms of statutory interpretation, legal analysis, preparing for briefings and just a general sense of grit and resilience that this profession demands. Of course, working with Mr. Subramanium is a cherishable experience in itself. But I believe those three days shaped not only my knowledge of law but also my work ethic itself.

    What are your future goals and aspirations in the field of law, and what steps do you plan to take to achieve them?

    I have always admired the confluence of academia and practice in the education system abroad, in countries like the UK and USA. Being taught by both practicing lawyers and academics certainly gives you a more holistic perspective of the subject you are studying. I don’t see that as a very common practice in India and I personally, would like to get into academics at some point, along side my practice. I have been involved in a few guest lectures from time to time over the last couple of years, but I would like to be more involved in academics going forward. For which I need to manage my own time better, and I guess I shall focus on that this year.

    Finally, considering your extensive experience in the legal field, what advice would you give to law students or fresh graduates who are interested in pursuing a career in competition law?

    It is a challenging as well as rewarding area of practice. While it can be exciting to be a part of a niche practice area and an evolving system of jurisprudence, it can be equally challenging, as it will push you to push your own boundaries. While an LLM/specialization in this subject will help you connect with like-minded peers and professionals, it cannot replace hands-on learning. As I have said earlier, the learning curve is much steeper outside classrooms – in moot courts and internships. So if you are interested in this area of practice, you should focus on building your publications in this subject, participate in moots concerning this subject, intern with competition law teams to acquaint yourself with the law as well as individuals practicing this law.

    Get in touch with Anubhuti Mishra-

  • Sonal Kumar Singh, Managing Partner, AKS Partners, on managing his firm, studying at Kings College London, and importance of higher education

    Sonal Kumar Singh, Managing Partner, AKS Partners, on managing his firm, studying at Kings College London, and importance of higher education

    Sonal Kumar Singh graduated from CCS University, Meerut, the batch of 2006. He then went on to pursue his Masters from Kings College London. He is currently Managing Partner at AKS Partners, where his work includes business development, to reach out to clients, execute the work and also handle the team well.

    In this interview, we speak to him about:

    • Studying at Kings College London
    • Tips on writing SOPs and traits required to  bag a scholarship
    • Importance of higher education
    • Managing his own firm.

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS? PLEASE TELL US SOMETHING ABOUT YOUR PRE-COLLEGE LIFE?

    I am a corporate and dispute resolution lawyer and the Managing Partner of AKS Partners (formerly known as M/s A.K Singh & Co.) My practice area involves Domestic and International Arbitration, Banking & Finance, IPR & Company Law. Law has always been my passion and there is nothing I enjoy more than working on a challenging case or issue.

    The best I could describe myself is as a person who believes that the only essence of succeeding in life is to constantly strive to learn more and more. I am an ardent believer in the saying “Life itself is your teacher and you are in a state of constant learning”.

    Apart from this, I would describe myself as a book lover and enthusiastic traveler.

    My pre-college life was more of fun and less of studies. I did my schooling from Gyan Bharati School, Delhi and opted for commerce as my stream in the tenth standard. I wanted to be either in armed forces or to be a Chartered Accountant, maybe because a lot of my friends wanted it for themselves. I ruled out armed forces as I was unable to bring my weight down from 100 Kgs till the end of my school life. Chartered Accountancy ruled me out when I was not able to clear my Intermediate Exams. At that time “Law” chose me, as while pursuing my LL.B. (which I was doing more as a side subject), I got an offer from King`s College London to pursue my LL.M. Lot of my friends who were also aspiring to do their LL.M. from Kings College London were more excited than me for my offer.

     

    HOW WOULD YOU DESCRIBE YOUR JOURNEY AS A LAWYER?

    I would say that my journey as a lawyer started right from the day I started my Masters in Law from Kings College London. I always believed that apart from your course studying, it is very important to interact with the dignitaries of the legal fraternity and gain as much practical knowledge and exposure as one can. While studying, I firstly interned with British Institute of International and Comparative Law based in London where my work profile was of a “Researcher”. During this internship, I extensively researched for a book “Damages in International Investment Law” which was published by BIICL. The author was kind enough to acknowledge my contribution to his work and mention the same in his book.

    After this, I started working with a London based NGO which helped the physically disabled people to get their claims and justice. Fortunately, after my course finished, I had the opportunity to work with and assist Professor Martin Hunter, a renowned dignitary in the field of arbitration. I worked with him as a Research Assistant where I was given extreme exposure to legal knowledge, the working strategies, and atmosphere of a foreign lawyer/firm. After this overwhelming experience of mine, I came back to India where I joined the practice and since then have been constantly working as corporate and dispute resolution lawyer. Meanwhile, I also cleared my exam for qualifying as a Solicitor in England & Wales.

    Over the last 12 years of practice, in the capacity of a partner of AKS Partners (formerly known as M/s A.K Singh & Co.), I have had the opportunity to work with and represent few of the top International and Government companies and clients.

    So I would say my journey as a lawyer till now has been incredibly enriching and delightful but it’s just the beginning.

     

    HOW WAS YOUR EXPERIENCE AT KINGS COLLEGE LONDON?

    Experience at King`s College London was life-changing for me. It changed me as a person. When I decided to pursue my Masters from Kings College London, the idea was to have a good time in London and also study whenever time would permit. But as soon as I landed in London, I felt differently about myself. On the first day of college, I gave my name for the post of Treasurer for the election of LL.M. Student Committee. I was surprised with my self as I had never taken such initiatives in India. It was just a beginning for me, as I started participating in everything that came my way, be it debating competitions, moot courts, mock courts, student elections and so on. Moreover, I really enjoyed the style of teaching and the exams. For the first time I came across the term “open book exam” and I was very excited and confident as well to top the College as we were permitted to take any book in the examination hall. My happiness was short-lived, as the examination paper was designed in such a manner that it was not possible to find questions in the book and write the paper unless your concepts were clear.

     

    WHAT ARE YOUR VIEWS ON THE IMPORTANCE OF HIGHER EDUCATION?

    I have always believed that higher education whether in India or abroad gives you better prospects and opportunities. These days in order to have a specialization of a particular law, most people pursue Masters in Law to enable them to choose a particular field of law and getting specialized knowledge in the same. Obviously, great skills and higher education gives a person an edge over others in the job market. But most of all, I believe that if someone, utilizes their time well during the LL.M. it is an extremely useful exposure that anyone can get. Your way of looking at things change. You are completely by yourself and one learns to live life as it comes. Personally higher education drastically changed my personality, perception, and way of working.

     

    WHAT ARE THE NECESSARY TRAITS ARE REQUIRED TO BAG A SCHOLARSHIP FOR LLM?

    Obtaining a scholarship for LLM especially for universities abroad is not an easy task. Scholarships are either given by the universities directly or through other government or privately funded institutions. The concept of scholarship is taken very seriously abroad as they believe that scholarship shall only be given to those who truly are in need of it or truly deserve it. If one aims to bag a scholarship for LLM, it is recommended that they need to start working beforehand for the same. Earlier you start working better it is. In my experience, the most important aspects or criteria for giving of scholarship is the working or internship background of the candidate, grades of the candidate, writing skills such as publications of articles or papers are given extreme importance.

     

    WHAT SHOULD BE KEPT IN MIND WHILE WRITING SOPS FOR LLM ABROAD?

    While writing an SOP, one needs to be more realistic and clear in their vision. The purpose of SOP is to be explained in brief to the universities as to what is your background, your achievements and your aim in future.

    One should keep in mind while writing an SOP that you should be well able to communicate your thoughts and vision across and also be clear as to what is the purpose for which they want to pursue Masters and career in Law.

     

    AS PARTNER WITH M/S A.K. SINGH & CO. (WHICH IS NOW AKS PARTNERS), WHAT ARE YOUR ROLES AND RESPONSIBILITIES AND WHY DID YOU CHANGE THE BRAND NAME OF THE FIRM?

    I was promoted as a partner of M/s A.K. Singh & Co. in 2010. In the beginning, my core responsibility was to head the Arbitration and Dispute Resolution team with around ten advocates. Being a partner in charge, it was entirely my duty to do business development, to reach out to clients, execute the work and also handle the team well.

    Since then I have grown a lot professionally, as when my father Mr. Ashok Kumar Singh who was the founder of the firm M/s A.K. Singh & Co was designated as a Senior Advocate in 2015, he gave up the ownership of the firm and the working and running of the firm came majorly upon my shoulders. However there were other partners at that time, but we had to step up and jointly take the responsibility of the firm. Now in three years, with the right direction and immense support of my seniors and colleagues, we have changed the corporate name and branding of M/s A.K. Singh & Co. to AKS PARTNERS. There is a specific reason to re-brand which was to actually keep up with the market trends and to align our brand or name with the vision of the firm. Also, with the firm’s growing international practice, it was felt necessary to re-brand and rename the firm.

     

    CAN YOU RECALL THE FIRST TIME YOU APPEARED IN A SIGNIFICANT MATTER IN COURT?

    Yes, I do remember it. It`s still very fresh in my mind. Way back in 2009, I was supposed to appear in a matter with my senior. We were representing a PSU and the legal issue which was involved in the matter was ‘whether the parties are bound by the procedure laid down in the arbitration agreement, even when by subsequent exchange of letters, parties have agreed for a different procedure”. The matter was fixed at 2.15 pm before the Delhi High Court. During the lunch hours, I got a call from my Senior that he will be late and may not reach in time and as the matter is already fixed for 2.15, I should start telling the facts of the matter till the time he reaches the court. I could feel that all the blood drained down my face and my heart started falling in my stomach as I was completely not ready for it. To add to the pain, I saw Mr. Krishnan Venugopal, Sr Advocate, sitting on the other side. Though it was clear that he would be representing the Respondent, somewhere deep inside I was hoping that he is sitting to mention some other matter. I was wrong, he was opposing us in the matter. However, once I started arguing that matter, my arguments went on for almost 45 minutes. I felt relieved once I finished my arguments and turned around to see my senior sitting behind me. He didn’t say anything to me. The other side`s arguments also went on for almost 30 minutes and the order was reserved. My senior went out of the room without saying a word and I was a little confused about his poker face reaction. After fifteen minutes I saw my phone and there was a message from him-“well done”.

     

    HOW DO YOU SEE THE FUTURE OF YOUNG LAW PROFESSIONALS?

    In the last twelve years of my career, I have had the opportunity to work with young law professionals. Out of that experience and as a general observation I truly believe that the young law professionals are extremely hard working, through professionals and have the zeal to succeed. The qualities are the ingredients of achieving success. So I have no two doubts that the young professionals with their qualities coupled with the opportunities will be extremely successful in future which can be seen from the fact that you would find young professionals in every part of the world in different roles.

     

    WHAT ARE THE SKILLS ONE NEEDS TO DEVELOP TO SUCCEED IN THE LEGAL PROFESSION?

    There is no set formula or skills one needs to develop to succeed in the legal profession. To succeed in anything in life including legal profession one needs to enjoy what they are doing and be patient. As far as the skills in the legal profession are concerned, it is important to have good communicational and analytical skills. An eye of a perfectionist is what makes you stand out from the crowd. You need to know the art of meeting people and communicating with them. Apart from this, time management and the zeal to learn are the most important things.