Your journey from Kingfisher Airlines to Amazon is quite diverse. How did your early experiences in aircraft leasing shape your legal career, and what motivated you to transition into the e-commerce landscape?
My tenure at Kingfisher Airlines provided a strong foundation in navigating complex contractual arrangements, particularly in the aircraft leasing domain. This experience honed my skills in negotiation, risk assessment, understanding compliance in multiple jurisdictions and introduced me to work in regulated space. The dynamic nature of aviation taught me to adapt swiftly to evolving regulations, contractual intricacies (an eye for detail- what we say crossing your t’s and dotting your I’s) and apply them when such contracts are disputed in litigations. In these formative years, I was blessed to be trained by Clyde & Co. one of the top law firms in aviation finance. Kingfisher, also helped me understand importance of contractual clauses and how different jurisdictions can interpret them differently. Transitioning to e-commerce was driven by a desire to explore new challenges and contribute legal expertise to a rapidly growing sector, which operated more in the grey due to lack of specific regulations. The burgeoning potential of the digital marketplace, prospect to innovate and contribute to its legal landscape motivated my transition.
Having worked across various industries, from aviation to FMCG and now e-commerce, how do you adapt your legal strategies to fit the unique challenges each industry presents?
Working across diverse industries taught me the importance of adapting legal strategies to fit unique challenges. In aviation, process for contract execution and adherence to regulatory compliance were paramount. Moving to FMCG demanded a focus on consumer laws, manufacturing, labor laws and supply chain intricacies. Now, in e-commerce, the emphasis shifts to innovate business structures in absence of specific laws, having high judgement skills and ability to assess risks. Flexibility, understanding industry nuances, and aligning legal strategies with business objectives are crucial elements in navigating these distinct landscapes. Over and above, I believe working in any industry to be an able legal counsel, innate understanding of the business/industry is crucial, each industry is unique in its own way and to understand critical parts of business where we can partner as a counsel is the expectation.
You’ve been recognized with awards such as the “Cowboy Award” at Amazon and “Best Employee of the Year” at Kingfisher Airlines. Can you share a memorable moment or achievement that stands out in your career and made you particularly proud?
Winning the “Cowboy Award” at Amazon was truly a standout moment. It recognized my collaborative effort in successfully restructuring the business within challenging timelines. Working cross-functionally and limiting the impact on an ongoing business was complex. Similarly, being awarded “Best Employee of the Year” at Kingfisher Airlines for spearheading a debt restructuring initiative was a proud moment. While we do so many important issues in our day to day engagements, but some standout given there shear impact on business continuity. These accolades reinforce the value of teamwork, resilience, and innovative problem-solving.
From your early years negotiating complex agreements in aviation to your current role at Amazon, what have been the most significant lessons you’ve learned, and how have these lessons shaped your approach to legal counsel?
The journey from being an aviation finance lawyer to my current role taught me the significance of meticulousness, adaptability, and foresight. Understanding the bigger picture while focusing on intricate details, anticipating regulatory changes, and fostering proactive legal strategies have become key elements in my approach as a legal counsel. I am a great believer in hard work and learning from mistakes – in my view to innovate it’s essential for you to fail fast and move quickly. Especially at Amazon, I have an equal seat at the table, the culture fosters independent thinking, and the ability to go beyond legal realms and be able to drive decisions and execute these in real world. Factors that help me shape myself are understanding the business and its needs, having a pragmatic approach and solution orientation.
Given your experience in international negotiations and dealings with companies like Honeywell, how do you approach building and maintaining effective relationships with stakeholders, both within and outside the organization?
Building effective relationships in international dealings involves understanding diverse cultural nuances and aligning legal strategies with mutual interests. Communication, transparency, and a collaborative approach are vital. Being proactive in addressing concerns and maintaining open channels of communication has been instrumental in fostering lasting relationships. Additionally, what I have realized is that you keep meeting folks you would have dealt in the past, so keep your relationships flourishing and even in most difficult situations treat people respectfully.
As a Senior Corporate Counsel, you’ve been instrumental in setting up legal, secretarial, and product compliance teams. What challenges did you face in building these teams, and how did you foster a culture of innovation and efficiency within them?
Each function requires a unique skill set, it is critical to understand the deliverables for each role and look for subject matter (SME) experts. Once you have the SME, it’s essential to help them scale up, making them aware of organizational nuances and let them flourish, help them build their respective teams and reducing your oversight to ensure their independence. Establishing legal, secretarial, and compliance teams presented challenges in resource allocation, skill development, and instilling a culture of innovation. Encouraging open communication, investing in professional growth, and fostering a culture of collaboration and creativity were vital in building efficient and innovative teams.
Your success story highlights your ability to provide pragmatic legal advice for scaling up businesses. Can you share a specific instance where your legal insights played a crucial role in a significant business decision or strategy?
Given we are bound by confidentiality; it may not be possible to provide a specific example. However, I can talk about implementing a business structure that operates pursuant to a regulatory approval and in this case a plain reading of the approval may have not have permitted us to even have a sustainable business model, I had the opportunity to interpret it ensure compliance and find the right balance for the business to operate. The one practice I find helpful in providing pragmatic advise is risk assessment frameworks – One way Door Vs Two Way Door i.e. reversible vs Irreversible decision making, risk heat matrix – judgment calls with an understanding what was legislative intent to have law/ regulation in place. On multiple occasions, my legal insights identified potential risks in a proposed partnership. Addressing these concerns strategically enabled us to reframe the deal terms, mitigating risks, and ensuring a mutually beneficial collaboration. This underscored the critical role of legal counsel in shaping pivotal business decisions.
Apart from your legal expertise, how do you find a balance between the demanding legal world and personal life, and do you have any hobbies or activities that help you unwind?
Achieving a balance between the demanding legal sphere and personal life involves prioritization & time management. I love to Ride and Drive, have driven cross country, I also enjoy going for long walks and playing table tennis occasionally, every year I make a list of books to read (albeit haven’t been able to accomplish this feat for the last two years), and spend quality time with family. These rejuvenate me and help maintain a healthy work-life balance.
As a seasoned legal professional, what advice would you give to the upcoming generation of legal minds entering the workforce, particularly in navigating the complexities of the legal and business landscape?
To the upcoming generation of legal professionals, I emphasize the importance of continuous learning, adaptability, and developing a holistic understanding of the interplay between law and business. Embrace challenges as opportunities for growth, fail fast and learn from these failures, prioritize ethical practices, and strive for innovative problem-solving to thrive in the evolving legal landscape.
Can you share with us your journey into the field of law, from your early education at Aligarh Muslim University to obtaining a Ph.D. in Law from Sai Nath University? What motivated you to pursue such a diverse range of legal experiences?
It was never in my plan to become a lawyer. After completing my High School in the year of 1999, I had the option to choose between the streams in either Science or Commerce, however, I opted for Commerce stream and completed my higher secondary. Thereafter, I was all set to opt for B.Com. and was even selected for the said course, however, upon the insistence of one of my friends, I sat into Entrance for B.A.(LLB) and was fortunately selected. The interesting part is that my friend, who had also appeared for said B.A.(LLB) Entrance, was not able to make it to the final list and was put on the waiting list. He was also on the waiting list in B.Com. Thus, it was resolved amongst us that in whichever course, his waiting list is cleared, I will go for the said course.
A very interesting aspect is that although we both did our law from the faculty of law at AMU, yet, while I joined the profession, he opted to do M.B.A. in Singapore and is now working with a Singapore based Company in the management sector. I topped the first and second semester of B.A.(LLB), however, while I was in third semester, I was framed and suspended by the Proctorial Department of University in a case related to student protest. This particular unfortunate development, which has led to a paradigm shift in my thinking, I, simultaneously, deviated from my academics and turned out to be a full time student activist. At that time, the student union at AMU was defunct so I led agitation for its restoration. The agitation was successful and the student union was restored.
It is important to note here that to the best of my knowledge, the student union of AMU is the only student union in India, which has its existence in statute i.e. AMU Act, 1920. I am telling all these for a simple reason that my period as student activist and later on, I, being elected as honorary secretary of AMU Students Union by record margin till date, actually honed my skills of public speaking, which is now paying dividends and helps me a lot in my legal profession as an advocate. I completed my B.A.LLB in the year of 2007 and joined the profession. My LL.M. and Ph.D. were completed whilst I was also practicing. Fortunately, in those days, that was allowed. Therefore, my advent into the legal profession was purely accidental, it was never planned, however, as destiny would have it, I became a lawyer.
As the Managing Partner of Diwan Advocates, you’ve been involved in various aspects of law, including corporate, commercial, intellectual property, and civil matters. Could you highlight a specific case or project that stands out as particularly challenging or rewarding in your career?
As an advocate for the last 16 years, I have been fortunate by the grace of Almighty to handle a diversified range of litigation, right from hardcore civil, criminal, corporate & commercial to intellectual property rights and so on and so forth. For a lawyer, every case which he/she handles is very special. However, since you have asked about a particular case, which has been challenging or rewarding, therefore, I would recall a case, where I was appointed by Hon’ble Delhi High Court as Amicus Curiae during the peak of Covid-19 pandemic. The said case was widely reported in the media. It was a case of a widow of the deceased, who was from Himachal Pradesh and while working in Saudi Arabia, he died. Despite the deceased being Hindu, due to certain mistakes on the part of the Indian Embassy and the officials based there in Saudi Arabia, he was buried as per Muslim rituals and customs. The widow, therefore, had approached Hon’ble Delhi High Court by filing a writ petition seeking direction to the Union of India for ensuring repatriation of mortal remains of the deceased.
It was a very challenging case, since the directions only to the concerned officials of the Union of India would not have yielded any result since the mortal remains were to be repatriated from a foreign country and such case was unknown to that country as it did not have any prior history of such exhumation of mortal remains. Despite all these challenges, Hon’ble High Court took up the matter and during the course of the proceedings, I was appointed as an Amicus Curiae in the said matter. It was a time of enormous difficulty as Covid-19 pandemic was at its peak and the movement was restricted. Upon being appointed as an Amicus Curiae, which was then for the first time in my entire career, I was a bit nervous since I did not know what had to be done. However, I started collating all case documents and used my AMU related network to find out persons who are based out in Saudi Arabia so that they could render some assistance.
Saudi Arabia, at that point of time, was also engulfed and confronted with Covid-19 pandemic and the mobility was also limited. However, one of my old friends, after understanding the matter, assured me of his help and he travelled from a far distant city of Saudi Arabia to the concerned hospital where the corpus was kept before its burial for tracking of relevant records. It was learnt by my friend, who later informed me that Saudi Arabia maintains the geo-tagging records of all the graves. Fortunately, with the help of technology, it was revealed that the deceased was buried in which particular grave.
After the above mentioned turn of events and initial breakthrough, the challenge was how to assist the Hon’ble Court to pass the appropriate directions to the concerned person back at Saudi Arabia since it was legally impossible. Accordingly, upon suggestion being made to the Hon’ble Court, the Hon’ble Court was pleased to request the Embassy of Saudi Arabia at New Delhi to explore the options. Simultaneously, directions were also passed to the concerned officials of Government of India to coordinate and facilitate the entire process of exhumation and repatriation of mortal remains.
Last but not the least, after day to day hearing, which had transpired in the said matter, Union of India, under directions of the Hon’ble Delhi High Court, was successful in convincing the officials of the Saudi Arabia for exhumation of the mortal remains and same were repatriated to India by Charter Flight and were then sent to deceased’s native town in Himachal Pradesh, to fulfill the last rites. Appropriate compensations according to the policy of the Union of India and the Government of Himachal Pradesh were also awarded and the Hon’ble Court ensured that the said compensation is timely remitted to the bank account of the widow of the deceased. The aforesaid facts pertaining to the said case, seemingly straightforward, posed a significant challenge for me. Nevertheless, despite the complexity, I successfully contributed to the entire process with God’s grace.
Your work experience extends internationally, including roles in Qatar and as a Legal Advisor to a Spanish corporate conglomerate. How has working in different cultural and legal environments shaped your approach to legal practice, and what unique challenges have you faced?
I completed my B.A.(LLB) in the year of 2007 and got enrolled with the Bar Council of Delhi. Thereafter, I joined a reputed trial lawyer at Patiala House Courts, New Delhi. However, given my political ambitions, which were always at forefront, on account of I having served the student union as honorary secretary, my family was apprehensive that I might leave the profession and could join politics, the idea which my late mother had always resisted. Sensing this, my elder brother, who was working in Doha, Qatar, through his network, got me placed at an IP Law Firm in Doha as assistant paralegal. Though I was reluctant, yet, I joined as a trademark assistant paralegal and started working, where I was soon promoted from trademark assistant paralegal to junior associate in the said law firm.
Thereafter, I changed my job and joined a leading real estate conglomerate in Qatar as their legal officer. The said real estate conglomerate was expanding its business operations in Spain. I was also appointed to look after the legal matters related to the said Spanish expansion of the said company.
I spent nearly two years working abroad, and I found the work environment to be more flexible compared to what we typically experience in India. In those jurisdictions, lawyers rarely face the intense pressure and tight deadlines that are common here. The majority of litigation cases were of a commercial nature, as criminal matters were exclusively handled by Arabic-speaking lawyers.
Despite the language barrier, the atmosphere was friendly, and I had the opportunity to collaborate with professionals from various countries, spanning from the Middle East to North America. They were cooperative, providing valuable assistance in training and mentoring me. My main challenge was my reluctance to learn the Arabic language; however, I was fortunate that commercial related legal aspects were conducted in English, allowing me to navigate and succeed in that environment.
Given your extensive experience in handling high-stakes litigation, could you share insights into a notable case where you successfully defended a client, whether it be a private corporation or a governmental agency, before the courts?
In reply to this question, I would say that I have defended several private entities and corporations in high stake litigations. One case involves the matter that I was handling before the Hon’ble Allahabad High Court at Lucknow Bench. In the said case, the developer was allotted land by an instrument/agency of the State of Uttar Pradesh. Thereafter, the developer, after complying with all the procedures, started developing the said land and have almost sold the entire inventories in the said project. The moment when the construction and development works over the said land became noticeable, an agitation in the name of farmers grappled with the said project.
The state machinery failed to protect the interest of the developer and approximately 1500 homebuyers who were associated with the said project, who turned out to be the collateral damage. Hence, we approached the Hon’ble Allahabad High Court at Lucknow Bench by filing the writ petition. The matter was contested by the erstwhile landowners and the role of the State was not more favorable. However, the matter proceeded for hearing and thereafter a detailed judgment was passed.
By that time, the developer I represented was on the brink of bankruptcy, primarily due to personal circumstances and other compelling factors. Though I did not have any privity or any relationship with any of those homebuyers, yet, they started contacting and asking me to find some solutions so that the developer’s and homebuyers’ rights and interests could be secured. I told them categorically that there is conflict of interest and I cannot act against the interest of the developer. Nevertheless, I endeavored to address the conflicts and discrepancies that regrettably arose between the developer and homebuyers. In pursuit of resolution, multiple rounds of negotiations took place, with approximately 500-700 homebuyers attending each meeting, and I had no option but to navigate and lead the matter.
The trust and confidence that the homebuyers placed in me is something unforgettable in my life. Despite being the counsel for the developer, they consistently relied on me. In the meantime, the Hon’ble Court allowed the said writ petition. Since the State machinery was not implementing the direction as passed by the Hon’ble Court, we approached the Hon’ble Court again by way of a criminal contempt petition against the then concerned officials. During the contempt proceedings, the senior officials were summoned before the Hon’ble Court and following a stern warning from the Hon’ble Court, the encroachment on the specified land was eliminated. Further, the developer, upon my persuasion, inducted some other partner who was flushed with liquidity. Collectively, these measures successfully addressed all concerns between the developer and the homebuyers. As a result, the project was not only built and developed but also delivered, with over 200 homebuyers currently residing in the completed development. Despite the passage of almost 7 years, several homebuyers and residents of the said flats continue to reach out to me through messages and calls. They maintain a friendly demeanor, treating me as if I were a part of their family. Moreover, numerous individuals extend invitations for me to attend events at their homes. The meaningful connections and relationships I created with these homebuyers are truly gratifying. As a lawyer, I often say that while we can attain financial success and recognition, the profound satisfaction of cultivating enduring relationships with clients, even after concluding a case, and being regarded as a trusted friend or family member is immeasurable.
In your role as a Corporate Legal Advisor for “The Wall Holdings” in Qatar, you oversaw legal aspects related to finance, construction, corporate, and commercial operations. How did this experience differ from your work in India, and what valuable lessons did you draw from it?
The work which I was entrusted with while working in Qatar, was of non-contentious nature and was purely transactional works. Since I was not allowed to appear before the courts at Qatar, my duty was only confined to the preparation of cases and drafting of pleadings. While my responsibilities in Qatar were focused on contracts, opinions, due diligence, and other related advisory tasks, my work in India predominantly involved contentious matters, with a primary emphasis on litigation. Nevertheless, I have consistently maintained my relationship with non-contentious and transactional works. I believe that the amalgamation of my experiences in both contentious and non-contentious realms has endowed me with a wealth of valuable insights. The knowledge gained from my endeavors in Qatar significantly aids me in formulating effective defense strategies in litigation and delineating the line of attack in litigation.
With your involvement in intellectual property matters, especially at Aramarks Intellectual Property, could you discuss the importance of intellectual property rights in today’s globalized and technologically advanced business landscape?
Intellectual Property, more particularly, Trademarks are very close to my heart. Actually, you would not believe it but when I was working at Aramarks as Assistant Trademark ParaLegal, I have always dreamt to be an IP Lawyer and even when I rejoined the profession by end of the 2009, I had this planning at back of my mind that I would only work for IP litigation and other non-contentious IP related tasks. However, the challenges for the first generation lawyer, that too, coming from a very remote area of Bihar and trying to survive in the cosmopolitan city like New Delhi are of different magnitude. I was getting less IP Works, therefore, I decided to venture into other aspects of litigations and as the luck would have it, cases of different and diversified nature started coming in, and gradually I started developing as a lawyer and the journey still continues till today and I pray to mighty that it continues till I am alive.
As someone passionate about interacting with law students, could you share an impactful piece of advice you received early in your career that has guided you, and how would you advise fresh law graduates entering the field today?
Interacting with law students is my passion. Since I have been a student activist and student leader during my University days, therefore, when I go amongst them, I still find myself as young as I was in those days. I prefer not to lecture; instead, I aim to listen to them—embracing their questions, anxieties, and experiences and try to answer them from my own experience with this caution that solution and the respective problems pertaining to every person are not identical and anyone who tries to pick a ray of hope from others’ solutions should always be cautious that what has worked for ‘A’ could not work for ‘B’.
Therefore, customization of solution of problems is must according to anyone’s personal needs. For fresh law graduates, since I am an intense litigator, therefore, I advise them to come to litigation and in these aspects, I am a little selfish, I will confess. It does not mean that I am against fresh law graduates going in the corporate or for in-house jobs, however, I always believe that even if a fresh law graduate wants to shape his/her career in corporate- for some initial years, he/she must come to the trial courts because the experience which you get in the trial courts cannot be developed in any other colleges/institution or even in the superior courts. The challenges which a fresh law graduate has to confront within the trial courts, actually strengthen his/her potential and that strength, which could only be developed at the initial stage of the career, is something to reckon with.
Your career spans various sectors, including technology, media, telecom, and pharmaceuticals. How do you stay abreast of the rapidly evolving legal landscape in these industries, and what advice would you give to legal professionals looking to specialize in dynamic sectors like these?
Specialization in the legal sector or legal industry is evolving in India. However, being a hardcore litigator, I have quite an unpopular opinion. I believe that any litigation must have potential and caliber to handle any sort of litigation, for whatever he/she is entrusted with. Why I say this is because even judges who are there to adjudicate upon such specialized disputes are not specialized persons. Specialization of subject does not mean that for any contract or construction related dispute, only an engineer who has turned out to be a lawyer can handle the case or a person coming from a pharmaceutical background can handle a pharmaceutical related IP matter. Laws in India, in my humble opinion, are intertwined and interconnected. If one is an IP Lawyer, he must know the basic nuance and must be trained in civil litigation. The edifice of any IP litigation would be the CPC. What I have seen unfortunately is that fresh law graduates who want to go for specialization are lacking in procedural law and it is not good development for the legal profession in our country. That being said, if somebody wants to handle the special segment of a case aka specialization, in my opinion, that person, at least for 10 years, should work in every branch of law so that after 10 years he/she could caste a niche for himself/herself, and thereafter could shape his/her career.
I am not saying these all out of the context. Let us take examples of legends in our profession, such as the late Mr. Setalvad, the late Mr. Daftari, the late Mr. Ram Jethmalani, and even in the current generation, Mr. Kapil Sibal, Dr. Singhvi, Mr. Mukul Rohatagi, Mr. Arvind Datar, and the list goes on. They possess the ability to handle any legal matter on any subject and can effectively present and argue the matter before the courts. Thus, the specialization in the legal field has to be multi-dimensional. A lawyer, apart from a good strategist, must be a good story teller and must possess the art of presentability. A lawyer, in my opinion, must develop the art of re-calibrating himself into the spur of the moment so that whatever the challenges are, he/she can face the same with calm and politeness.
Can you tell us about your journey and how you ended up pursuing a career in law, particularly in litigation and arbitration?
Being born to a leading lawyer in a tier-2 city, the choice was clear with limited options to embark and explore. My interest in litigation developed in law school, primarily by participation in Moot Courts, while I took interest in arbitration in my 5th year of law school.
You have experience as lead counsel in domestic and international ad hoc arbitrations. Could you share with us a notable case or experience from your arbitration practice that was particularly challenging or memorable?
Arbitrations are born out of commercial contracts. One of the key aspects in arbitrations is to read and decipher the terms of the contract. The more prudent reading of the contract is expected to prevail. Recently, we successfully defended a claim of damages of Rs.350 crores against our Client POSCO-Steel. The terms of the contract appeared to be skewed but on threadbare reading the reciprocal obligations were found to be not fully filled. As a lawyer, every case is challenging and an add-on to one’s memory and of course makes the journey memorable.
As part of your role, you draft various legal documents such as pleadings, written submissions, and petitions. What are some key considerations you keep in mind when preparing these documents for arbitration cases or other litigation matters?
Every lawyer enjoys freedom to present the case. Speaking for myself, I prefer to keep my pleadings to the material facts and not dump voluminous bald statements or documents. Material facts are to be carved out by marshalling the facts, as presented by the Client. One of the cardinal principles that I follow is to not plead the law in the pleadings. Secondly, it is of paramount importance to not suppress the facts or documents even if they are not in favour of your client. Lastly, ensure that the client has disclosed all the facts without any judgment of relevance on such facts.
You have appeared before various tribunals and courts, including the National Company Law Tribunal, Bombay High Court, and National Green Tribunal. How do these appearances differ in terms of the skills and strategies required?
The fundamental difference between different fora is the law under which a person approaches. One of the aspects that I found was the lingo, language and communication to be different. The fora that you mentioned, in ordinary course, do not conduct full-fledged trials but are summary proceedings, so in that sense these fora are different from civil or commercial courts. Secondly, the time available to a lawyer to present his case in these fora is limited as compared to trial courts, therefore, precision is key. As a matter of skill and strategy, the stage of recording of
evidence is absent in these fora and the matters argued and decided on the basis of facts, as presented and the documents that are relied upon.
In addition to your contentious work, you also have experience in non-contentious matters such as providing strategy advisory and legal opinions. How does your approach differ when working on non-contentious matters compared to litigation and arbitration?
Non-contentious matters are not limited to advisories and opinions, it can include drafting of agreements, liasoning and compliance with regulatory authorities. The approach while drafting a strategy or an opinion, the primary focus is on the business of the client and to the extent possible, avoid potential litigation or non-compliance. Whereas, in arbitration the focus is on the claims already raised either to seek or defend depending upon which side one represents.
During your time at Reliance ADA Group, you were involved in strategic planning of litigation matters across the group’s businesses. Could you share an example of how you approached strategic planning and mitigating legal risks for a complex business case?
Litigations are planned sounds like cases are filed with malice, which is incorrect. Secondly, I was one of the juniors in the team of the General Counsel, and as a junior your role is to follow the orders. But I must say that I did get opportunities to be part of the team engaged in drafting Share Purchase Agreements, Shareholder’s Agreement. The exercise was to modify the corporate structure in compliance with regulatory requirements. One such work which I found interesting was to draft an Agreement of Sale for a yacht, for which I was exposed to a completely new regulatory and review Charter Agreements.
You’ve also worked as Counsel for Tata Consultancy Services in New York, primarily focusing on contract negotiation and drafting. What are some key challenges or considerations that arise when dealing with IT contracts, IT infrastructure, and BPO contracts?
IT contracts revolve around a variety of intellectual property and intellectual property rights (IPR). The challenge is always to ensure assignment of IPR that may be required and to put or negotiate a value. The second aspect is flexibility in licensing. The software is made available on license basis and to ascertain the limitations on the usage of the software under the license. During my time, the concept of SaaS i.e. software as a service was developing, but back to back service level agreements would provide uptime and backups in case of a glitch. Therefore, clauses in respect of indemnity and liability had to be drafted carefully.
As a foreign associate at Translegal LLP in Washington DC, you advised U.S. clients on investments in India and provided opinions on multinational business transactions. What were some of the unique challenges or cultural differences you encountered while working with international clients and navigating cross-border transactions?
I took up the engagement right out of college to understand and acclimatize the nature of transactions between business entities in India and the USA. One of the aspects that I observed was that the decision making process is completely different. US businesses go back to the drawing board only in case of a deviation or an addition, whereas Indian businesses go back to seek approval. When the transactions are both inbound and outbound, the time spent on the decision making process becomes vital.
With your educational background in litigation and international dispute resolution, how have your studies influenced your approach to resolving disputes and handling international cases?
The fundamental qualification of LL.B is the only requirement whether you are a lawyer or judge of the Apex Court. The other qualifications are only to accentuate one’s understanding of law or out of academic interest. Fortunately, for me, I pursued my post-graduate studies with emphasis particularly on litigation and international dispute resolution. During my LL.M, I got an opportunity to work as an intern on a case involving a ship that was registered in the Cayman Islands, fitted with a German engine that got spoiled during its voyage in Norway, and had a Chinese crew. The ship was insured by a US Company. I can only say this to convey the complexity of various entities. But as a student, I could observe how the approach to a dispute varies depending on the party making the claim.
Lastly, based on your extensive experience in the legal field, what advice would you give to fresh law graduates who are starting their careers or considering a specialization in litigation and arbitration?
I don’t claim expertise in my field except to continue to remain a student. My suggestion to my friends is that the key to flourish is to read. When I say read, I mean books that may or may not be related to law. During my consistent interaction with current law students, one of the dangerous trends that has crept in is to read and borrow mostly incorrect information from substandard books. This practice has to be curbed. Another aspect is to always, as much as possible, be aware of the developments that are taking place at the local and the policy level and form opinions and debate.
Can you tell us about the journey that led you to pursue a career in law and establish LexStreet Advisors LLP?
Let me start with a quote of Nasir Ali “The journey always goes, but it is not easy. It is always wrapped up with struggles and surprises”
My career in law was never a choice but a chance. When you do your work with good intentions with honesty & integrity, superpower plays its role. Profession of law has always been close to my heart. When I completed law graduation way back in 1989 from one of the prestigious law colleges, K.C.Law College, Mumbai, I wanted to join practice right from day one but did not get motivation from my family and friends. Legal profession was always close to my heart. I was forced to take up a job in a private sector organization. But in my job also, I stick to the profession of law only. All throughout my career in private sector companies also, I worked in legal departments only and that is where I got opportunities to interact with various law firms and individual lawyers in Mumbai & Gujarat. During my job, 1st time way back in 1992, I got an opportunity to interact with a Senior Partner of Manilal Kher Ambalal & Co. (now MKA), a well-known law firm during the days when Harshad Mehta scam had just exposed and the Govt had then started a Special Court for tainted securities. I got an opportunity to coordinate with MKA in those days when I was employed with one of the companies of Kirloskar Group.
After spending almost 20 years in various organizations, finally I straight away jumped into practice. Initially I started on my own and later in 2014, along with my old friends in the legal profession, we incorporated Lexstreet Advisors LLP on 5th November, 2014 and since then we have never looked back and our journey as a law firm started….
LexStreet Advisors LLP is known for its integrity and value-based proactive services. Can you share some examples of how your firm has helped clients effectively navigate the complicated legal and regulatory landscape in the country?
We stick to our policy and vision. We have never compromised with professional ethics, honesty & integrity. Irrespective of the size of clients, whether individual, partnership firms and corporate clients, we have dedicated the same time and resources with a proactive approach. The true value of proactive approaches does not lie in their predictive abilities. The true value lies in the disciplined process. Such approaches can examine the strengths and weaknesses in systems and services being rendered by a law firm. We listen to every client’s problem and their difficulties and understand in depth what they expect from us. The situations have arisen when we had to refuse one of our corporate clients as we were preoccupied with important assignments. This has certainly given a positive and powerful message to the corporate client. The corporate client had really appreciated our approach and next time, the same client had approached us with positive thoughts and we helped them and when they needed our assistance.
As a full-service law firm, LexStreet offers a wide range of legal services. Could you highlight some of the key areas of expertise and specialization within your team?
If I have to highlight key areas, I must mention Securities law, Corporate & Commercial laws, Insolvency laws, Arbitration law, employment laws, DRT & Civil litigations as well as advisory services. Nowadays new generation law firms are not keen on civil litigation but I feel there is a big vacuum as far as civil litigation is concerned. I must also mention the non-litigation area as a practice as we have been advising the private sector as well as a couple of PSUs on legal issues.
Today’s young lawyers are after M&A & PE practice but I personally feel that is not the end. Law is an ocean and it’s very crucial to select areas of practice. At the end of the day clients must be happy and satisfied with the services.
LexStreet has a strong network of partners, lawyers, associates, and counsels with domain expertise. How does this network contribute to the firm’s ability to provide prompt and accurate advice to clients?
All the partners of Lexstreet are highly experienced legal professionals having wide experience in their respective domain areas of practice ranging from 18 years to 34 years. Wide experience of every partner and associate partners have certainly contributed to the growth of the firm. We are also expanding our horizons as far areas of practice are concerned. With the introduction of new statutes by the government like Data Protection laws, Artificial intelligence, our law firm is committed to induct new talents.
As a designated partner and advocate-on-record with extensive experience, could you share some notable achievements or cases that you have worked on throughout your career?
I, as an individual Partner and experienced law professional, realised that knowledge sharing is a very crucial factor. Since the last 6 years I have been regularly sharing articles on LinkedIn regularly and In-house Counsels, legal managers working in various organizations have been appreciating it. Today I have crossed close to 2700 followers / connections on LinkedIn, which is a testimony of my passion for knowledge. I have also been invited to various moot court competitions being organized by various law schools including HPNLU & Narsee Monjee. This has certainly helped to get connected with many In-house Counsels who, in turn, have been assigning briefs to our law firm.
LexStreet places high importance on maintaining professional ethics, integrity, and moral values. How do these values translate into your day-to-day operations and interactions with clients?
Well, let me say very honestly that today, the legal industry has turned into a big industry rather than a noble profession. However, doing business and revenue generation is one side of the profession and following professional ethics and moral values is another side of this noble profession. For me, adherence to professional ethics coupled with honesty and integrity is of prime importance, which in-turn have certainly helped us to retain our valuable clients which include large domestic as well as non-domestic companies. Business and ethics go hand in hand, if one does not follow them, they are finding it difficult to survive in today’s competitive market.
In the rapidly evolving legal landscape, what skills and qualities do you believe are crucial for young lawyers to develop in order to succeed in their careers?
In today’s highly competitive market, the crucial factor is retaining existing clients and at the same time attracting new clients. I would advise young lawyers to remain very humble, diligent in his / her work is very important and more important is to maintain humility is a core value of this noble profession. For the first time, When I met one of our family friends, a retired High Court Judge for his guidance before starting my practice, he just told me, once you take up an assignment of any client, small or big, do it wholeheartedly, irrespective of any fee you get. I have kept these words in my mind.
As a leader in the legal industry, what are some of the emerging trends or challenges that you see on the horizon, and how is LexStreet adapting to stay ahead?
For law firms, the experience of navigating COVID-19 has accelerated the pace of change and will continue to significantly impact operations, organisational culture, and the way lawyers work. The trends that were underway before the pandemic struck to continue challenging and transforming the industry at an accelerated pace. These include client empowerment, technology adoption, law firm consolidations, new players entering the legal services sector, and value-based pricing. We are committed to adapt to the changing technology in the era of upcoming AI.
For fresh graduates who are considering a career in law, what advice would you give them based on your own experiences and insights?Let me tell young lawyers that there is no short cut to success. Patience and perseverance will bring desired results. I would advise every young lawyer not to adopt any shortcuts to achieve success. They must be humble and respect this noble profession. Increasingly, customers expect lawyers to demonstrate extreme trust — that is, to proactively watch out for their customer’s interests. My school batchmate, who is now a Judge in the apex court, always says that there is something like a rule of Law.
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.
Sir, please tell us about your journey and how you ended up pursuing a career in law, specifically in the field of dispute resolution and advisory services?
Law was not something that I planned to pursue. In fact, when I was in school, I wanted to join the Air Force and hence took up Physics, Chemistry and Mathematics as my subjects. However, I could not pursue that. Then the obvious choice was engineering, given my PCM background although I was not excited about the same. Having been an avid debater in school with a flair for writing, my friends and family used to joke about me becoming a lawyer someday. After a few discussions with my family, I decided to study law.
The journey has been full of ups and downs as with most of us. However, I have had the privilege of working with some fantastic lawyers who mentored me and helped me learn the ropes. I started back home in Srinagar in the trial courts which is the bedrock that I have built my career on. After spending little over a year in Srinagar, I moved to New Delhi and took up a corporate job. This was for two reasons – one was to get a flavor of something different than litigation and secondly, to be able to support myself while I found a decent chamber/firm which would take me. My focus, though, was always dispute resolution. In fact, in my college years, I interned only with Disputes teams. I have always loved litigation and arbitration right from my college days and that is where I always wanted to be. Further a lot of the clients that I represent include public sector undertakings which, apart from regular litigation and arbitration work, rely a lot on us to guide them in contract management and claims management which form a part of the advisory services. Advisory is not limited to only providing legal opinions but has many facets like analysing the merits of the case before initiating any form of Dispute Resolution mechanism, and sometimes dispute avoidance advisory etc. In fact, nowadays, advisory has become an important part of our work which no lawyer can escape from.
With over 11 years of experience in arbitration, construction disputes, civil commercial litigation, and other areas of law, what initially attracted you to these areas of specialization?
While I always knew that I wanted to be a litigation lawyer, I did not think of any specialisations. In fact, I still don’t think I have ‘specialised’ in any one stream of Dispute Resolution but certainly have done some types of matters more than others. The process of getting involved in arbitrations and construction disputes was very organic though unplanned. The team that I was a part of was involved in many high-stake construction arbitrations and that’s how I was introduced to this area of law. I was intrigued by the techno-legal aspects of these disputes which developed my interest further.
As a highly experienced legal professional, you have represented a wide range of domestic and multinational clients in various courts, tribunals, and arbitrations. Could you share some notable cases or experiences that have shaped your career?
Each case has taught me something new which had a huge impact on my career. However, there were few cases which were more challenging than others and required not only law related solutions but grasp of technical aspects as well. In this context, I would share the first case that I worked on where we were representing a very important Public Sector Undertaking which was tasked with developing the test tracks and related facilities in India. This case was unique for many reasons but most importantly this kind of work was being executed for the first time in India and the contractors had no prior experience in executing such contracts. Therefore, there were many issues ranging from scope of work to procurement to civil works etc and the claim amount was also huge. At the beginning, I had no clue about anything but as the time went on, I picked up things including the technical ones. I had a very supportive Partner that I was working with, and the clients were there to answer my queries as well. This was the case that drifted me towards infrastructure disputes and rest, as they say, is history. After observing my work for a couple of years, I was nominated by the Firm, that I was a part of at that time, to undertake a course on construction project management from RICS Academy which was very helpful in further understanding the deeper concepts of infrastructure projects.
You have advised foreign companies on their projects in India and represented them before arbitral tribunals and courts. What unique challenges or considerations arise when working with international clients and navigating cross-border legal disputes?
Advising international clients is always a different experience and comes with its own set of challenges. For example, when I was part of the China Desk at one of my previous offices, one of the major issues was the language barrier. It can be more challenging than we think. Then comes the difference in legal systems. It becomes difficult to explain how the courts work in India. Further, managing expectations is also a challenge like when they bring the knowledge of their legal systems and try to implement that in our system. One incident I remember is while I was advising a Chinese company in a case for recovery of some dues from an Indian company, the client asked if I could file an application seeking directions from the court that the debtor company’s promoter cannot fly business class, go to expensive restaurants or party in high end clubs until he has cleared his debts. It took a lot to explain to him that we do not file such applications in India. I must add that cross border arbitrations are smoother than litigation matters though. However, I strongly suggest that whenever an opportunity to work on a cross border dispute is presented, lawyers must take it up. This will give you an insight into the foreign legal systems as well as provide valuable experience of working with international clients which nowadays is required as the world continues to shrink into a global village.
In addition to your legal practice, you have also been actively involved in speaking at conferences, delivering lectures, and co-authoring legal publications. How do these activities contribute to your professional growth, and why is it important for you to share your knowledge with others in the legal community?
I believe it is imperative for all of us to share our knowledge with the younger generation of lawyers. Personally, I enjoy speaking to young minds at colleges and younger lawyers. They are full of energy and have so much to offer and the sheer passion in them is inspiring. They have a lot of brilliant ideas but lack the experience which is where an experienced professional can contribute to their growth. This also helps me in keeping up with what is happening in their world which enables me to be a better colleague specially to my younger colleagues. I also believe it is my way of giving back to the legal community, be it in the form of speaking at seminars, conferences or writing articles. I would strongly suggest my peers and other senior colleagues to dedicate some time every month to speak to some law students/younger lawyers and address their queries/concerns. Trust me, you will get more than you will give.
As a partner in IndusLaw, one of India’s premier law firms, could you tell us about your current role and responsibilities? What are some of the key aspects of your work that you find most fulfilling or challenging?
Response: Being a part of the Disputes team, my day is like that of any Disputes lawyer, i.e., courts, conferences, meetings, reviewing of drafts etc. Apart from the regular court work, as a Partner, you lead a team which looks up to you for your experience and guidance. So, guiding the team, helping them out and the overall management of the team form an essential part of the work. Different members of the team come with different experiences and skill set. So as a Partner, I must be conscious of the same and ensure that we take everyone along and provide proper guidance and help to the team members.
I think what I find most challenging and fulfilling at the same time is the work we do. When you help a client in resolving their issues, it is extremely fulfilling. I also feel happy when I see my younger colleagues taking on more responsibilities and doing well in the courts. The challenges aren’t different from what you would face at a chamber, for example., ensuring quality work while meeting the committed timelines.
Throughout your career, you have worked on a wide range of legal matters, from commercial litigation to mergers and amalgamations, infrastructure projects, and white-collar crimes. How do you manage such diverse areas of practice, and what skills or qualities do you believe are crucial for success in handling such complex cases?
Response: There is no shortcut or a fixed formula to be able to work on such diverse areas of practice. One of the most important virtues that one must inculcate is patience. It is not possible to achieve everything at the same time. Give it time. Take up one thing at a time. Give it your best and master it. Law practice is like a marathon and not a sprint. The required skills are, of course, the knowledge of relevant laws, ability to research and formulate the points in a cohesive and easy-to-understand manner, and good drafting skills. The good thing is that these skills are coachable, and you will have a lot of help to learn these skills. However, what you must have in addition to these skills are certain qualities, i.e., ability to work hard, integrity, and honesty. If you lack these, no amount of skill or knowledge would come to your rescue.
Given your experience in the legal field and your involvement in the Young IAMC Steering Committee, what advice would you give to fresh law graduates who are starting their careers? Are there any specific skills or areas of focus that you believe would be beneficial for them to develop?
ADR mechanisms like arbitration and mediation are now preferred modes of dispute resolution. However, there is a huge dearth of professional mediation practitioners in India as well as subject matter expert arbitrators which means that there are ample opportunities for the upcoming lawyers to take up these areas and eventually become experts in them. Mediation is different from litigation as well as arbitration as it requires shunning the rigid ‘win or lose’ mentality which the younger lawyers who have a very fertile and open mind can do quicker as compared to lawyers like me who have been in the profession for some time now. My advice would be to take these subjects seriously in college, go for training wherever possible, take up internships which focus on ADR mechanisms, write papers which would help them understand the subject better.
Like I said earlier, law practice is like a marathon and not a sprint, so do not get disheartened if you don’t have a certain number of internships, paper publications, moots, MUNs etc on your CV. Work hard and be honest. Be critical of yourself but don’t be harsh on yourself. Also, please reach out to your family, friends, and mentors to discuss your concerns. Sometimes, the problems facing us seem big only because we perceive them as such. Therefore, it is necessary to communicate regularly and not the pressure of finding a job, getting a PPO etc get better of you. I understand these things are extremely important but your health – both mental and physical – comes first.
Thank you once again for giving me this opportunity to share my thoughts with your readers. I wish the SuperLawyer team the very best.
Sir, can you tell us about your journey and how you ended up pursuing a career in law? What motivated you to choose this profession?
My journey towards pursuing law has not only been quite unexpected but also deeply influenced by personal experiences. Initially, as a science student, I was considering a career in engineering due to the IT boom as was going on at the time. However, after my class 12 exams, my father introduced me to one of his friends who happened to be a lawyer. This encounter sparked my fascination for law, and I decided to explore it further.
To pursue my newfound interest, I joined Career Launcher to prepare for CLAT (Common Law Admission Test). The preparation period allowed me to delve into the world of law and understand its complexities and vastness. It was during this time that I realized the impact legal knowledge can have on people’s lives and how it can be used to resolve disputes and bring about justice.
One significant motivator for me was a family dispute that my parents went through. Witnessing their mental struggle during that time made me realize the importance of legal expertise in navigating such challenging situations. I wanted to equip myself with the skills and knowledge to help others in similar circumstances.
With this drive and motivation, I took admission in ICFAI Law School to formalize my legal education. I believe that my prior experiences and the impact of witnessing my parents’ struggle have shaped my determination to pursue a career in law. I am eager to continue learning and growing in this field.
With over 13 years of experience, you have dealt with a wide range of legal issues such as civil, criminal, insolvency, contractual, and labor/employment disputes. Can you share some of your most significant cases or achievements that highlight your expertise in these areas?
As a first-generation lawyer, I started my journey by gaining experience in the district court, where I was involved in inspections of various case files before different courts. This experience provided me with invaluable knowledge about the procedural aspects of the law and the different stages of any legal proceedings, which was crucial for a rookie like me. It allowed me to understand the nitty-gritty details of how the court system functions at Distt. Court level where more than substantive law, procedural law is crucial.
After gaining some experience, I was fortunate to be exposed to both domestic and international commercial arbitration. This gave me the opportunity to be part of teams handling significant cases, such as a complex contractual dispute before the London Court of International Arbitration and a concurrent delay dispute in a construction contract before the ICC (International Chamber of Commerce). These cases required in-depth understanding of the applicable law (both governing and substantive) and expertise in handling complex legal issues.
Additionally, I have had the privilege of working on various cases related to admiralty law before the Bombay High Court. Admiralty law deals with legal matters concerning maritime activities and maritime disputes. The case started with working for a release of a ship arrested due to non-payment of some dues, which we were successfully able to do in the shortest possible time. This experience has broadened my understanding of this specialized area of law.
Furthermore, I have also worked on cases related to the Prevention of Money Laundering Act, 2002, The Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act 1999 and other criminal cases including ones involving the Central Bureau of Investigation (CBI) and Serious Fraud Investigation Office (SFIO). These cases required a comprehensive understanding of criminal law and the ability to navigate complex legal proceedings of both substantive as well as procedural law.
Overall, my diverse experience in handling a wide range of legal issues, including domestic and international commercial arbitration, admiralty law, and criminal cases, contractual disputes etc., has equipped me with a well-rounded skill set. I believe these experiences have honed my legal acumen and prepared me to take on new and challenging cases in the future.
I have also represented multinational conglomerates in various proceedings for effective implementation of an approved Resolution Plan under Insolvency and Bankruptcy Code, 2016. These proceedings included Writ Petitions, Company Applications, Arbitration Applications and Special Leave Petitions before various Forums.
In the span of 13 years of my legal profession till now, I have conducted various cases and represented many clients before various forums. However, I am restricting myself here to the cases which are on top of my mind currently.
Your profile mentions your proficiency in handling arbitration and court proceedings. Could you provide examples of complex arbitration or litigation cases you have handled and the outcomes you achieved?
Every case comes with its own unique issues and complexities, either factual or legal, wherein each party in its own belief considers itself to be right and the opposite party to be wrong. As a lawyer, it is our duty to guide the client as to the validity of such belief on the touchstone of prevalent law and to represent the client before any adjudicatory forum to the best of our capabilities.
One example of a complex arbitration case I was involved in pertained to a derivative contract. At the time, the law in India regarding derivatives contracts was still developing, particularly concerning the validity of various derivative contracts under Indian law. This dispute required a deep understanding of the interpretation of the International Swaps and Derivatives Association (ISDA) agreement, which is an internationally recognized framework for derivatives contracts.
As part of a legal team representing an Indian company, I had the opportunity to be involved in this arbitration before the London Court of International Arbitration (LCIA). It was a challenging case as we were face-to-face with renowned international law firms, dealing with intricate issues related to the applicability of Indian law intermix with English law, and its impact on derivative contracts governed by the ISDA agreement. This early exposure to English law and its interaction with Indian law proved to be an eye-opening experience for me.
Subsequently, I had the privilege of serving as co-counsel in another international commercial arbitration before the International Chamber of Commerce (ICC). This case revolved around a concurrent delay issue, further expanding my exposure to international law and its practical application in resolving complex disputes.
Moreover, I had the opportunity to represent a client in a highly controversial future contracts issue, which garnered significant attention and media coverage. This case ultimately led to appearances before various forums, including the courts of the Central Bureau of Investigation (CBI), the Prevention of Money Laundering Act (PMLA) court, and the Maharashtra Protection of Investors Deposit (MPID) court.
These experiences in complex arbitration and litigation cases have not only sharpened my legal skills but have also exposed me to a wide range of legal forums and international legal frameworks. They have further fuelled my passion for representing clients and navigating the intricacies of the law in challenging and high-profile matters.
As a skilled mediator, what strategies or approaches do you use to successfully resolve disputes and reach favourable outcomes for your clients?
As a skilled mediator, I believe that successfully resolving disputes and achieving favourable outcomes at least in mediation proceedings requires a focus and understanding of managing the people involved rather than solely focusing on the dispute itself. In mediation, it is essential to create an environment that fosters amiability and allows the parties to approach the dispute rationally.
One key strategy is to address and satisfy the ego of the parties involved. Until allegations and blame games are set aside, tempers will likely escalate, and reaching a resolution becomes challenging. By acknowledging and understanding the emotional state of the parties, we can create a conducive atmosphere for effective mediation. It is crucial to empathize with their perspectives and put ourselves in their shoes, as this increases the likelihood of finding common ground and resolving the dispute.
However, when the proceedings shift to a legal forum, such as arbitration or other formal legal processes, the approach changes. In those situations, the focus shifts towards applying the relevant law and assessing its applicability to the specific case. While legal proceedings require adherence to applicable laws, in mediation, the emphasis is on addressing the underlying interests and concerns of the parties to achieve a mutually agreeable resolution.
In summary, successful mediation involves skilfully managing the parties involved by creating an environment that encourages open dialogue and rational problem-solving. Understanding the parties’ mindset and satisfying their egos can pave the way for productive negotiations. In contrast, legal proceedings rely on the application of law to determine the outcome of the dispute.
Your career progression shows that you have worked with various law firms and represented clients before different courts and forums. How have these experiences shaped your skills and knowledge in legal drafting, case management, and client handling?
Throughout my career, working with various law firms and representing clients before different forums has significantly shaped my skills in case management and client handling. During my early years in the profession, I had the opportunity to handle a diverse range of cases, including commercial arbitration at both domestic and international levels. Although initially, my access to client handling was limited, however, as I gained the firm’s trust and acquired more experience in the field, I gradually took on client handling responsibilities as well.
This exposure to client handling provided valuable insights into understanding the mindset of clients and the challenges they face. Each client is unique and requires personalized attention in terms of their expectations, concerns, and preferred communication style. It taught me the importance of building rapport and trust with clients while managing their expectations throughout the legal process. Clients not only seek a favourable outcome but also expect a high level of professionalism, effective communication, and timely updates from their legal counsel. Additionally, I realized that the drafting requirements for each client vary significantly. Some clients prefer a simple and straightforward language, while others may prefer a more assertive or aggressive tone, depending on the nature of the case and specific circumstances. This understanding comes with experience and often involves a trial-and-error approach to find the best approach for each client.
Furthermore, when I transitioned to a new law firm, I had to adapt my writing practices to suit the firm’s preferred style and meet client requirements. This adaptation was necessary for convenience, ease of review, and consistency within the firm’s established formats. In many cases, clients or firms prefer to adhere to a well-settled format, as it minimizes unnecessary changes and allows for efficient review processes. This expectation is not unreasonable, especially when there is a significant workload to manage and review.
In summary, my experiences with various law firms and client representations have honed my skills in case management and client handling. It has taught me the importance of tailoring my approach to suit each client’s unique expectations and needs while also adapting to the practices and formats preferred by the firm. Flexibility, effective communication, and a client-centric approach have been key factors in providing quality legal services and achieving successful outcomes for my clients.
The Insolvency and Bankruptcy Code (IBC) is one of your key competencies. Could you share some insights into your experience with IBC, including any major amendments or court precedents you have studied and applied in your work?
Since 2018, I have had extensive experience with the Insolvency and Bankruptcy Code (IBC), which has undergone multiple amendments and continues to evolve. These amendments reflect the dynamic nature of the statute, addressing the evolving needs of stakeholders and providing clarification for the courts and parties involved.
My journey with the IBC began when I was entrusted with handling a client that had successfully acquired a stressed asset under the provisions of the IBC. Despite the clarity available in law at the time, my client faced numerous challenges and demands during the implementation of the approved resolution plan. Through collaborative efforts with my team and guidance from senior partners, we navigated these challenges by presenting our arguments before various courts and forums across the country. This experience allowed me to understand the unique aspects and procedural nuances of different high courts, as I travelled to Allahabad, Bombay, Jammu, Odisha, Nainital, and others.
One notable accomplishment during this journey was successfully challenging and defending a criminal prosecution of my client based on a recent amendment to the IBC. This resulted in one of the most recent high court orders (at the time) quashing the criminal prosecution against a corporate debtor that had been successfully resolved under the IBC. This order marked a significant development and showcased the evolving legal landscape surrounding insolvency matters.
Additionally, I have also successfully challenged statutory demands based on the provisions of the IBC. By closely analysing the relevant provisions and aligning them with our client’s case, we were able to defend against these demands effectively.
Overall, my experience with the IBC has provided me with valuable insights into its evolving nature and the challenges faced by stakeholders. Through handling complex cases and navigating various courts, I have developed a deep understanding of the IBC’s intricacies and the practical implications of its amendments.
Throughout your career, you have represented diverse corporate clients. How do you effectively manage client relationships and ensure their needs are met while navigating complex legal matters?
As already stated above, each client comes with a specific set of problems and expectations. Effectively managing client relationships while navigating complex legal matters requires a delicate balance of understanding the client’s perspective and expectations while providing candid advice and managing their expectations realistically.
Open and transparent communication is key. It is essential to be candid with clients about what approaches are feasible and what may not work within the legal framework. False hopes should be avoided, and instead, clients should be provided with a comprehensive understanding of the pros and cons of different strategies, enabling them to make informed decisions. Clients appreciate being involved in the decision-making process and having a clear understanding of the potential outcomes.
Timely and regular communication is crucial in maintaining strong client relationships. Clients value being kept informed about the progress of their case, any developments, and upcoming milestones. Maintaining clear records and documentation ensures that both the legal team and the client have an accurate and up-to-date understanding of the case. This enables clients to have a comprehensive record of their legal matters and facilitates effective collaboration between the client and the legal team.
Additionally, actively listening to the client’s concerns and objectives allows for a deeper understanding of their needs and enables the legal team to tailor their approach accordingly. Regularly seeking feedback from clients ensures that their expectations are being met and provides an opportunity to address any concerns promptly.
In summary, managing client relationships in complex legal matters involves clear and honest communication, managing expectations realistically, providing comprehensive information about potential outcomes, maintaining timely and accurate communication, and actively listening to and addressing client concerns. By striking the right balance between understanding the client’s perspective and providing expert legal advice, client relationships can be effectively managed and successful outcomes achieved.
Q8. With your extensive research skills, how do you stay updated with the latest legal developments, court precedents, and amendments? How important is it to stay abreast of these changes in your field?
Staying updated with the latest legal developments, court precedents, and amendments is crucial for a lawyer to provide effective representation and advice to clients. It is important to be aware of changes in the law as they can significantly impact legal strategies and arguments in a case.
Being up to date with legal developments allows a lawyer to understand the evolving legal landscape and adapt their approach accordingly. It helps in identifying new arguments or defense that may arise from recent amendments or court decisions. Conversely, it also ensures that outdated provisions or precedents are not relied upon, which could lead to embarrassing situations in court.
In today’s digital age, there are various resources available to stay informed about legal developments. Social media platforms, legal news websites, and legal research applications provide prompt updates on important cases, judgments, and legislative changes. These resources offer convenience and accessibility, allowing lawyers to tap into them for relevant updates in their practice areas.
Engaging in thorough research is a valuable tool for a lawyer. Researching and analyzing relevant case laws and precedents help in understanding different interpretations of the law and can strengthen the arguments put forth in a case. Additionally, discussing legal matters and exchanging knowledge with colleagues can broaden the information source and provide different perspectives on legal issues.
In summary, staying updated with the latest legal developments, court precedents, and amendments is crucial for a lawyer to provide effective representation and advice. The availability of digital resources and engaging in research and discussions with colleagues help in staying abreast of such changes, ensuring that legal strategies are informed, current, and aligned with the most recent legal developments.
Could you share a challenging case you encountered and the innovative solution you developed to overcome the legal risks and complexities involved?
In one challenging international commercial arbitration case, the opposing party had made a demand for breach of contract wherein various transactions were executed between the parties. However, upon reviewing the agreements between the parties, we discovered a loophole. One of the agreements stated that the transaction in question would be subject to the law of the country where the entity was registered.
Taking advantage of this loophole, we developed an innovative solution. We argued that the entire transaction should be deemed void based on the law of the country where the entity was registered, without delving into the nature of the transactions or the parties’ breach of obligations. Our argument focused on the interpretation of whether a transaction not mentioned in the list of valid transactions should be considered valid or whether the lack of inclusion in the list rendered it invalid.
This case demonstrated the importance of thorough contract analysis and creative problem-solving in finding alternative legal arguments to support our client’s position. By identifying the loophole and developing an innovative argument, we were able to overcome the challenge posed by the opposing party’s breach of contract claim.
Lastly, what advice would you give to fresh law graduates who are just starting their careers? Based on your experience, what key qualities or skills should they focus on developing to succeed in the legal profession?
For fresh law graduates starting their careers, here are some key advice and qualities/skills to focus on developing:
1. Gain Procedural Law Exposure: It is essential to have a good understanding of procedural law, as many litigations originate from district courts where procedural aspects play a significant role. Familiarize yourself with court procedures, filings, and the rules governing different types of cases. This knowledge will be valuable when handling litigation matters.
2. Research Skills: Cultivate strong research skills, as they are the foundation of a successful legal practice. Learn how to efficiently find and analyse legal precedents, statutes, and relevant case laws. Being able to navigate through legal databases and stay updated on the latest legal developments will give you an edge in providing well-researched advice and building strong arguments.
3. Perseverance and Industry: Consistency and hard work are crucial in any profession, including law. Embrace the challenges and setbacks that come your way and maintain a determined attitude. Success in the legal field often requires continuous learning, adapting to changes, and consistently putting in the effort to excel. Perseverance will help you navigate through tough times and emerge stronger.
4. Effective Communication: Develop strong communication skills, both written and oral. Clear and concise communication is vital in conveying legal concepts, negotiating, drafting documents, and representing clients effectively. Practice and refine your ability to communicate complex legal issues in a way that is easily understood by clients and colleagues. One of my mentors always used to say, if you are not able to state the problem in less than 3-4 lines that means you have still not understood the crux of the problem which needs to be addressed.
As a conversation starter, could you please tell us about your background and how you developed your expertise in commercial and property-related litigations?
I am born and brought up in Mumbai. I studied law at Government Law College at Mumbai and started interning at Mulla & Mulla & Craigie Blunt & Caroe in my 2nd year of law. During my internship I worked on several commercial and property related litigations. After I graduated, I moved firms and continued to work commercial litigation matters. I also do a fair amount of real estate matters. I have had the privilege of assisting great seniors who were experts in commercial litigation and property related matters and thereby gained a fair amount of experience in litigation and real estate matters.
What do you think are the biggest challenges facing corporations and individuals in litigation today, and how can they navigate them successfully?
There are several challenges that corporations and individuals face in litigation today, some of which include:
Cost: Litigation can be incredibly expensive, with legal fees, court costs, and other expenses. This can be a significant burden for both individuals and corporations.
Time: Litigation can take a long time, often stretching on for months or even years.
Risk: Litigation also carries a significant amount of risk, as the outcome of a case can be unpredictable and can have long-lasting consequences for both individuals and corporations.
To navigate these challenges successfully, individuals and corporations should consider several strategies:
Manage costs: While litigation can be expensive, there are steps that can be taken to manage costs, such as negotiating legal fees, using alternative dispute resolution methods etc.
Be strategic: Developing a clear strategy for the case can help individuals and corporations manage their time and resources more effectively and increase their chances of success.
Communicate effectively: Open and transparent communication with legal counsel can help ensure that everyone is on the same page and can work together more effectively to achieve the desired outcome.
You have also represented clients in high-stake domestic and international arbitration proceedings. What are some of the key differences between arbitration and litigation, and when is one more appropriate than the other?
Arbitration is a process in which a neutral third party, known as an arbitrator, hears evidence and arguments from both sides and makes a final decision. The decision of the arbitrator is binding, meaning that the parties must accept it as final and cannot appeal it except in very limited circumstances. Arbitration is generally less formal and less expensive than litigation and may be quicker in some cases.
Litigation, on the other hand, is the process of bringing a case before a court of law. The court hears evidence and arguments from both sides and makes a final decision, which can be appealed to a higher court if the losing party chooses to do so. Litigation is generally more formal and more expensive than arbitration and can take longer to reach a final resolution.
Whether arbitration or litigation is more appropriate will depend on the specific circumstances of the dispute. In general, arbitration may be more appropriate if the parties want a quicker and less expensive resolution, and if the dispute involves commercial or contractual issues. Litigation may be more appropriate if the dispute involves complex legal or constitutional issues or if one party is seeking a significant monetary award or other type of relief. Ultimately, the decision to use arbitration or litigation will depend on the preferences of the parties involved and their respective legal strategies.
Real estate matters are a significant part of your practice. What are some of the most common issues that arise in property-related transactions, and how can clients protect themselves?
Some of the most common issues that arise in property related transactions are:
Title documents are not stamped and registered. It is essential for transfer documents to be stamped and registered failing which title does not pass. Pre-nineties parties would not stamp and register documents.
In land transactions, revenue records remain to be updated.
In some cases, the original owner has passed away leaving behind will. These wills are sometimes not probated.
Family arrangements entered into between the successors of the original owner are not adequately stamped and registered.
It is essential for a party purchasing property to do a proper title due diligence before purchasing a property. Public notices must be published, necessary searches in the land and revenue records must be taken. In case of companies, ROC search must be conducted to see if there is any charge on the property. Permission of the Charity Commissioner must be taken in case of sale of property belonging to a public trust. The title to the property must be clear and marketable and without any encumbrance. It is important to take adequate safeguards such as indemnities, representations and warranties from the seller. Nowadays, in view of the PMLA Act, it is also suggested that the source of funds out of which the seller purchased the property should also be checked. Purchasers must seek advice of lawyers before purchasing properties and seek their assistance in preparing the documentation. This is important so that they do not have any issues when they want to sell the property.
How do you stay up-to-date with the latest developments in your areas of expertise, and what resources do you rely on?
There are multiple online/ offline resources as on date to aid lawyers stay upto date with the legal developments. However, what I feel is imperative is the discipline and hunger for knowledge. Argus Partners has a robust Knowledge Management practice which ensures that every lawyer in the Firm stays updated with the recent changes/ modifications in his/ her area of practice. Further, we have created internal databases in the Firm for practice areas like arbitration and insolvency which witnesses regular developments. The responsibility to keep these databases up and running is shared by every lawyer of the Firm of the respective practice areas.
Can you share some advice for law students and young lawyers who aspire to have a successful career in litigation and real estate law?
To succeed in litigation and real estate law, you need to have a deep understanding of the legal principles and procedures that apply to these fields. Make sure to take relevant courses during law school, participate in moot court, research/ thought papers and seek out opportunities to work with experienced law firms/ lawyers in these areas for internships/ research associate/ paralegal positions.
I believe that building relationships with other lawyers and professionals in the industry is critical for success along with developing good communication skills. Communication is key in litigation and real estate law, whether it’s presenting an argument in court or negotiating a deal with a client. Practice your writing and public speaking skills and always seek feedback from mentors and colleagues to improve.
Another aspect which I feel is critical to be good lawyer is being detail-oriented. In real estate law, even a small mistake or oversight can have significant consequences. Attention to detail is critical, so make sure to double-check your work and take the time to thoroughly review any legal document.
And last but not the least, stay up-to-date on legal developments will go a long way in making you a champion in your field.
Thus, by focusing on these areas, you can build a strong foundation for a successful career in litigation and real estate law. Remember, success in any field requires hard work, dedication, and a willingness to learn and grow over time.
Lastly, what are your future goals and plans for your career, and what are you most excited about in the coming years?
The ultimate goal is to build a firm which believes in quality, gives client’s excellent advice and helps in getting the best outcomes. The firm is doing some top notch work and growing at a great pace.
To start this conversation, could you please tell us how did you end up in law, and what inspired you to focus on competition law?
Law was never planned. I was a science student who feared mathematics and was sure that medical was not in the mix because of many years of studies involved. That left a few choices — law still wasn’t an option. I come from Udaipur in Rajasthan, law wasn’t a popular choice in my city at that time, very few people knew about 5-year law course and existence of National Law universities. For me, law happened in the process of trying everything else that was left and during the preparation of entrances it looked interesting. Then I secured a spot at NLU Delhi as part of the first batch.
Competition law isn’t a mandatory subject in law schools. I developed some interest in the subject after I did a couple of moot court competitions on competition law. In my university at that time, moot court competitions were far more important than they should be, partly because as first batch we had limited things to do and limited guidance. These moot courts helped me secure some internships in the competition law teams of law firms and then I started enjoying it. Competition law is a very practical law and every new case or a proposition requires you to understand how that business works. This is immense learning and the other thing is that this law requires you to understand economics which is very interesting.
You’ve worked with several prestigious law firms in India, including Talwar Thakore & Associates, Shardul Amarchand Mangaldas & Co., and now AZB & Partners. How has your experience differed across these firms, and what have you learned from each of them?
I have been privileged to have worked with some of the best competition lawyers. It’s difficult to compartmentalize the learning because I have been at these places in different phases of my career.
I started my career with undivided Amarchand and continued at Shardul Amarchand. The team then wasn’t large and they were already doing some of the most important cases. The biggest learning for me in my formative years there was agility and pace that law firm practice demands. We used to do multiple diverse things in a day ranging from attending a court hearing, advising on commercial arrangements, preparing merger notifications for many days. Over the period, as the team grew, working with people of different approaches and styles helped developed adaptiveness which has always helped me.
TT&A competition team was small and doing quality work. My takeaway from this short stint was to develop strategic thinking. In some sense, this was shifting gears from being a pure executioner to a well-rounded lawyer who can be a trusted advisor to the clients.
By the time I joined AZB I had spent more than 5 years practicing competition law and had experienced two law firms. AZB has been a great platform in honing skills of client management, leadership and providing commercial solutions. AZB as a firm encourages growth in terms of even young people taking up challenging roles and be the front and center of top cases. Obviously, you develop these skills as you go along but there is genuine encouragement and effort in pushing people to take ownership. This continues to be a good thing for me.
The biggest learning common across the three places I have worked is to continue to keep the hunger to be better, to be part of leading cases, to be involved in policy shaping.
As a senior associate and now partner in the competition law team, you’ve worked on a variety of high-profile cases. Can you share some of the most challenging and interestingexperiences and outcomes?
It may sound cliched but every case is challenging, interesting and high-profile for the client you are working for. I have been very fortunate to have worked on a number of precedent setting cases. Regardless of the outcome, I have personally enjoyed working on some enforcement cases in the natural resources sector and technological markets.
One of the most interesting cases that I had the opportunity work on was a case that defined the boundaries between competition law and sectoral regulators. There are areas between competition law and sectoral regulations that overlap and this interesting debate was settled by the constitutional courts. This was a great learning experience also because we had to deal with other areas of law and try to align them to the competition law.
This is the age of technology and there are many cases in this area that I am currently working on. Novelty of issues in the tech cases I have worked on pushed us to go the extra mile to bring forth the most lucid way of putting across a point. It is really enjoyable to do that extra research and acquaint yourself to the issues, the product and then the competition concerns. The area is new to the lawyers and the regulators and therefore challenging. However, the best part about technology related issues is that it is pragmatic, it relates to things happening around you, it feels like you are dealing with real life situations around you. The law is still developing in this field and it is a great opportunity to be part of development of law.
Merger control is a big part of competition law. Could you walk us through the process of advising clients on securing CCI’s clearance for mergers across various industry segments, including telecom, technology, defence, cinema exhibition, aviation, packaging, and shipping?
Merger control is a key part of competition law practice. Having narrowed down to practicing competition law, I couldn’t afford to confine myself to antitrust aspects only. Merger control may appear to be relatively straightforward but there are different kinds of challenges there.
There is a lot of creative structuring of transactions and that makes the aspect of notification itself interesting. There are a series of exemptions which leave some room for interpretation and application.
Then there is the actual notification part. You need to understand the business for making merger control filings with the CCI. There is a lot of interaction with the business teams while preparing the notification form to define market, to collect data and business specific information. In some complex merger control filings, there is a lot of economic analysis involved. The important thing about merger control is that it is forward looking so the regulator and the lawyers have to both be clear and careful at the same time when analysing a complex merger control case.
You’ve also advised clients on competition as well as litigation in cases involving complex intersection of competition laws and intellectual property rights. How do you navigate these complex legal issues, and what are some of the key challenges you’ve faced in these cases?
This is a very interesting intersection of two laws that aim to support innovation and consumer benefit. But on the face of it look contradictory. IP laws say that innovator should have exclusive right over its innovation and the competition law say that exclusivity is bad.
So, when we faced cases where people complained against IP holders alleging abuse of dominance, it raised really complex issues. Thankfully, there was some guidance from other mature jurisdictions who have seen these issues. But to contextualize them in Indian context before courts was a very interesting experience. Some of these cases are still live and it will be an interesting to see how the CCI and courts decide these issues.
You clerked under Justice V S Sirpurkar, Former Chairman, Competition Appellate Tribunal and Former Judge Supreme Court of India. How did this experience shape your understanding of competition law and your approach to legal work?
This was my last internship in the University. I had done 2-3 internships in competition law before this but undoubtedly, the clerkship at the COMPAT was most rewarding for multiple reasons. Learning the subject, preparing for cases and just general work ethic. I learnt a lot from the close association with Justice Sirpurkar.
Had the good fortune of seeing some of the most important cases on competition law argued when I was assisting Justice Sirpurkar. In some sense it was my real exposure to the law. Because you could see all kinds of cases and all kinds of lawyers argue cases, I also closely saw the preparation that goes in preparing for a matter. Had a first-hand experience of seeing the difference between a manageable day, a good day and a great day in the court. Judges by definition are keen observers and a good preparation sets the case apart.
Justice Sirpurkar is a generalist judge so he used to put in extra effort in understanding and studying the law. Consequently, I needed to study, discuss and analyse the legal issues with him regularly. That period was more of a practical education than of first brush with working in competition law for me.
What are some of the most exciting developments in competition law right now, and how do you see the field evolving in the next few years?
As I said earlier, this subject is extremely pragmatic and relatable so it is not going out of fashion anytime soon. On a lighter note, businesses as they grow big, they will do things to remain there and cartels date back to the beginning of the civilization so I don’t see that stopping anytime.
What changes about the law is applicability to the things that are happening around you. Today the buzz in the town is big-tech and their conduct. There is an ongoing debate across the globe on whether the existing tools on competition law are sufficient to address the so-called new age problems around big-tech. In India, we have had our own share of play with big-tech some cases are decided others are under investigation. Policy level changes to have dedicated laws around regulating are being discussed and there is likely to be experimentation around that. So interesting times ahead and happy to be part of this.
What do you like to do when you’re not practicing law? Any hobbies or interests that you’d like to share with our viewers?
I listen to music and constantly try to revive my dying habit of non-law reading. Watching fiction takes most of my time reserved for hobbies and am trying to change that. If I could give one advise to lawyers just joining the profession, it will be that make that extra effort in keeping your hobbies alive, take time out to follow them. It is important to have them otherwise this profession can suck you into it without you even realizing it.
Finally, what advice would you give to law students and young lawyers who are interested in pursuing a career in competition law, and what qualities do you think are essential for success in this field?
That is a simple answer for me. Professional competence is important but it is just the bare minimum. You need to have an inquisitive mind and be practical in your approach. Try to step into the shoes of the client who needs to run a business and is seeking advice from you. These qualities are needed across the board for doing well in any stream of law.
To give this conversation a start, can you tell us about your background and how you became a multi-disciplinary dispute resolution practitioner and an experienced litigator?
After my bachelor’s degree from Lady Shri Ram College, I pursued Law from Faculty of Law University of Delhi and master’s from New York University School of Law. I started my career with the Chamber of Ms. Geeta Luthra, Senior Advocate, and had the good fortune of working with the office of Mr. Lalit Bhasin, Amarchand Mangaldas Suresh A. Shroff & Co., SAM Co., and Bharucha & Partners. Presently, I am a dispute resolution practitioner and Partner at Luthra & Luthra Law Offices.
About a decade & more ago, dispute resolution practice was more of a generalist stream where clients approached civil lawyers for any commercial dispute that needed resolution. As a corollary, being multi-disciplinary was the norm and less of a calculated choice. Specialized practice areas/verticals and boutique firms are a relatively recent phenomenon.
As for your question of being an ‘experienced litigator’, a lawyer practicing dispute resolution, ought to be a litigator who can ably put forth the client’s case before Court and safeguard client’s best interests.
What are some of the industries you have worked with, and how have you helped them navigate through regulatory and compliance matters?
My industry experience includes infrastructure, construction, manufacturing, oil & natural gas, the rolling stock industry, engineering equipment, and hydropower projects, amongst others. I, along with my team assist clients to steer a mandate from start to finish. This involves advising and representing clients on all ancillary aspects including advisory, regulatory approvals, and on-going compliance matters. We adopt an integrated approach, working with multiple practice experts to identify the optimal strategy and structure for a client.
You specialize in shareholder disputes and contractual claims. Could you please tell us more about the challenges of working on these types of cases, and how you overcome them?
One of the challenges in handling shareholders or contractual disputes is to mitigate the risk of negative impact on performance, operation, and the business of the company. Occasionally, these disputes can also cause reputational loss, consequently, impacting its profitability and growth.
I routinely advise clients to ensure that agreements are well drafted to narrow the scope for future disputes. Expressly written, unambiguous contractual clauses are essential to ensure that shareholder and contractual disputes are timely managed and effectively resolved, with minimal adverse effect on the business. The aim is to device strategies to prevent potential disputes while balancing shareholder interests.
Another aspect to consider especially in shareholder disputes is to set out the mechanism for treatment of individual shares in case of a deadlock. This enables shareholders to offer to buy shares of another shareholder at a determined rate or sell shares to the other shareholders, thereby ensuring that conflicting shareholders exit the company without causing undue harm either to the shareholders’ or the company’s interest.
You have represented clients in various courts and tribunals, including quasi-judicial authorities and commissions. Can you share with us a particularly challenging case you worked on, and how you managed to achieve a favorable outcome?
One of my most challenging cases has been the one that was easiest on facts and merits. While there were excellent supporting documents and what seemed like a straightforward case in our favour, took years and several rounds of litigation to conclude. This was primarily because we were opposing a party in person. Such cases become challenging as they are largely driven by emotions and less by logic, facts, and law. Be that as it may, ultimately court orders and outcomes of cases are premised on evidence and correct application of the extant law and that held us in good stead.
What are some of the emerging trends in dispute resolution and arbitration that you think will shape the industry in the coming years?
Use of technology and increased digitisation have permeated most aspects of life and dispute resolution is no exception to it. There are some developing trends even in dispute resolution, with one such trend being, electronic discovery of documents and records. With many businesses being conducted digitally, the process of collecting and reviewing digital data in litigation and arbitration has increased manifold. Our courts are also increasingly relying on technology such as video conferencing, e-filing systems, live streaming of cases etc., to improve efficiency and ensure greater accessibility to the legal system.
More particularly, in consumer transactions and services, we have witnessed an increase in class actions. Groups of people with similar claims are increasingly joining hands to consolidate their bargaining power to initiate legal action against bigwigs.
I have also noticed a shift in the volume of work that was previously outsourced to law firms, as opposed to how much is now being accomplished in-house. While there may have been a reduction in the quantum of work being outsourced, dispute resolution practitioners are now also being approached for their expertise in evolving strategies for pre-litigation risk mitigation & related advisory.
Can you tell us about an experience that had an impact on your career as a lawyer?
Every case has taught me something new, but this question particularly reminds of an incident in my initial days as a litigator. I was assisting my senior on a matter and during the hearing, I found myself miserably underprepared. After the hearing, I received a well-deserved dressing down from my senior. That episode was my first and last, at being unprepared for a matter. I have since then, been extra cautious at being prepared for a day in Court. I learnt that as a litigator, preparation is the key. While one may develop court craft and gain confidence over the years, one needs to know one’s files thoroughly, from day one.
Could you please tell us about your future plans, and how do you see your practice evolving in the future?
The plan is to keep working now, and in the future; try to tap into opportunities of good civil commercial work and strive to get better at it. That is career progression as I see it.
Lastly, what would you like to say to all the legal professionals out there who are struggling in their initial years?
Struggle is a constant phenomenon and there is no escaping it. Only the nature and magnitude of struggle change with each career milestone. That said, my two pence worth of advice to young professionals is to keep working hard with utmost integrity, and in these times of instant gratification, give oneself time to progress, because progress takes time. There is no instant switch to success, which term itself, is relative.
