Can you share with us your journey from being a financial journalist to becoming a corporate lawyer, and what inspired this transition?
During my time as a reporter for Mint and the Wall Street Journal, I had to specifically track investment banks and write on mergers and acquisitions. As a primer, one of my sources suggested I read ‘Barbarians at the Gate’; that along with my conversations with bankers and private equity professionals got me hooked into the world of M&As. I was eager to explore the other side.
I had initially tried my hand at investment banking but the mundane work of creating spreadsheets and data analysis as an everyday role didn’t much enthuse me. Within a week though, I joined a boutique law firm and pursuing a business law programme at NLSIU parallely seemed natural. The law firm had a highly motivated team and enabled a varied exposure in corporate law – I learnt trademark application processes, commercial contracts drafting including transaction documents and base arbitration. I continued to write for Your Story occasionally. I had the best of both worlds and was learning something new everyday. I decided to stick on and take each day as it came.
Given your diverse background in journalism, economics, and law, how do you believe it has shaped your approach to practicing law, particularly in M&A and commercial law?
So my late entry in the legal world has worked to my advantage given my journalism background. While my initial degree was in economics, a lot of my learning of the law, especially around the securities market and SEBI, was from my days as a financial journalist. Aside from reviewing the regulatory sites (like MCA, SEBI and RBI) for latest circulars / amendments on a daily basis, I would routinely follow corporate announcements on the BSE and NSE. Any seasoned reporter would tell you that it’s a goldmine for story leads. When I needed guidance to understand concepts, (luckily) as a journalist I could ask industry seniors to share their knowledge. I was fortunate to be ably guided by some bankers in the equity and debt markets; I’d go armed with a lot of questions for breakfast meetings. All of this helped lay the foundation to understand not just the law but also complexities / challenges of the M&A world. Now, as I sift through the laws, my ground work in economics helps review it from a policy perspective.
Could you tell us about a particularly challenging case or project you’ve worked on in your legal career, and how you navigated through it?
Every project has its own set of challenges. While I wouldn’t want to name a particular case, I’d like to share that since I handle corporate and a few litigation matters, I find a dichotomy with respect to timelines and outcomes. Because litigation has its own procedures, and owing to its sometimes time-consuming nature there’s more thrill in setting expectations for faster closures in M&A or commercial negotiations. I have to consciously set my mind to a different frame for litigation.
You’ve been involved in drafting various agreements and advising on regulatory matters. What are some key considerations you always keep in mind when advising clients, especially in the realm of mergers and acquisitions?
Create an internal priority checklist of terms and flag them off – i.e., understand from the client the aspects that they are absolutely unwilling to let go off vs less important points. Discuss the business angle in the transaction as it goes in tandem. If representing an acquirer, then go the extra mile for a thorough diligence on the target to ensure that at least the key industry specific permissions are in place, and forensics on the promoter are clean.
Your experience spans from working with Vichar Partners to establishing your own practice. What motivated you to start your own firm, and what have been some of the most rewarding aspects of being an entrepreneur in the legal field?
After my stint at JSA – given my unconventional background, it was initially challenging for 2 law firms to accurately gauge my skill set because I could be a rainmaker and yet not as seasoned as a partner. It was easier to get clients. And some industry seniors, entrepreneurs themselves, motivated me to begin on my own. My work with one of the senior partners at Vichar (Partners) had already exposed me to the ‘business management’ side and the transparent culture in my team at JSA also helped place many things in perspective. Being a first generation entrepreneur, I had nothing to lose by charting my journey on my own. The objective has always been one of learning. The most rewarding aspect of having my own practice is that I get to pick my clients without having any pressures of meeting revenue targets, and I am able to create flexibility around work timings because I answer to only my clients.
As someone who has contributed to agrarian policy and worked on projects funded by organizations like the UN World Food Programme, how do you see the intersection of law and policy-making, particularly in areas like food security?
For countries that have faced depredations of famine and hunger under colonial rule, food-security is a very sensitive and key matter of policy. Emerging nations have to safeguard and sustain their agrarian ecosystems against OECD nations’ policies at an international level. At the same time they also have to increase yield, shield themselves against crop losses as well as shift populations away from agriculture and into industry. Policy-making is a vital exercise to attain this goal while the law attempts to provide safeguards for all stakeholders during this process.
With your interests in tennis, dance, and cultures, how do you find these aspects complementing your legal career, if at all?
Sports and the fine arts play a vital role in expanding one’s horizons and for agility. In my view, having a wide exposure to different aspects of the society exposes me to varied thought processes and perspectives thereby enabling me to become a better lawyer. They are also an easy way to switch off and relax.
Considering your journey and expertise, what advice would you give to law graduates aspiring to specialize in corporate law, especially in the areas of M&A and commercial law?
Go full throttle, always try to understand the issue at hand, do your own research (the law changes and nobody knows everything), never work on an empty stomach, and continue pursuing your hobbies.
Can you tell us about your journey into the field of law, particularly what motivated you to pursue an LL.M. in Corporate Law & Governance after your B.S.L., LL.B. degree?
As far back as I can remember, law as a profession had always piqued my interest. My mind was set on law and ILS Law College, Pune was ranked No. 1 in a popular survey around the time I finished 12th standard. There I was in Pune. I loved that city from the moment I reached the Pune railway station. I had learnt Hindi in school, but it was bookish and my friends thought I was showing off speaking like a poet. The illusion was dispelled quickly when they realised bookish or not, my Hindi was below average. If my Hindi teacher (Late Ms Usha Rajagopalan) had known, she would have quit teaching twice over – once for people thinking I spoke chaste Hindi and once for making it known to the world that all her efforts on me were rather wasted. But there I learnt law, bits and pieces of Hindi and Marathi. I am very fond of my professors from Pune; they were all great mentors. Dr. Jaya Sagade and Ms. Smita Sabne hold a special place in my heart. I also have some of my most cherished memories with friends in Pune.
I decided to complete my post-graduation before entering into the profession. I wasn’t sure I would be able to take a break for further education once I started working. I was naturally inclined towards taxation and corporate law, perhaps due to my commerce background in school. I got into NALSAR University of Law. There I met some great professors and made great friends. I was also happy about extended college life.
How did your educational background, including your diploma in National Security and International Relations, influence your approach to practicing law, especially in the areas of corporate governance and international investment law?
Pune is a city of world-class colleges and educational institutes. I joined as many courses as I could. I was and am fond of politics, international relations and national security. The IR course taught me to see the big picture of domestic policies and regulations. India’s economy and its growth is inextricably linked with a whole set of factors and even a minor difference in the mix would have far reaching ramifications. IR opened my eyes to the consequences and effects (primary, second order and tertiary) of each policy and regulation within the country, their interplay with India’s foreign relations.
Investment law was part of my LL.M. instructed by Professor V. Balakista Reddy. After class, I used to assist him in several of his assignments which gave deeper insights on the subject and the influence it holds over the domestic affairs of India.
Even as we as a nation are growing from strength to strength, I find myself going back to the lessons learnt from these courses. I draw upon these to contribute to the general legal discourse in the country in my own small way. And in my own practice, it helps me ruminate over the wider aspects of any given case.
From my own experience, I would advise every student of law to actively seek and acquire knowledge from diverse disciplines and not restrict oneself to law books alone.
As the managing partner of SA Law, you handle a wide range of legal matters. Could you share with us some memorable cases or experiences that have shaped your perspective on the legal profession?
I have been fortunate to work in a range of cases across several forums and cities. Rather than go into specific instances I will share what I have learnt or what has been reinforced in me.
I have and will always consider myself a student of law. Not just my experiences in managing a Firm, but my experiences even as a junior advocate in the profession have influenced my thoughts and approach to my practice.
I always bear in mind the wisdom imparted by several seniors over the years – be ethical, one’s reputation is more valuable than the money one makes in a matter or a lifetime, be humble and honest with the court, do not hide facts which may be against you and always read and review your own work. These are the broad principles which have guided me. Each day, I realise more and more the importance and truth in these pearls of wisdom.
Be thorough with the facts; prepare to present the matter as if the judges do not know anything and at the same time as if they know everything, that way one will eliminate the room for lacunae in preparation; cross-check every work product prepared by one’s team and also have one’s own work product carefully reviewed; these are the other thoughts which influence my approach to work.
You’ve been involved in advising tech-based businesses and startups on legal and regulatory aspects. What unique challenges do these clients face in terms of technology laws, and how do you navigate them?
In India, we suffer from too much regulation in certain areas and too little regulation in certain others. We are evolving as a nation in this regard. Both the legislature and the judiciary are wise to the regulatory quagmire. There are some promising steps being taken. Technology as an interface will also mitigate several of the challenges faced by both clients and lawyers.
Some clients have to find a way in the labyrinth of regulations and stay on the right-side of law without the burden of compliance sounding the death knell to the business. Some clients have to be told that what is not regulated does not mean that it is prohibited. Especially, newer kinds of business find themselves without any regulatory guidance and often these companies liaison with the regulators to bring about a law to govern their industry. Fintech is a classic example of industry-led regulation. It also has the danger of bias when business lead the way of regulations. But India has done well in that department overall. Of course, one can always improve.
Tech based companies making a foray and disrupting the finance, education or medicine industries find themselves facing unique business as well as legal challenges. Some of these issues were deliberated upon by experts from various fields in the Vichaar 2024 Conclave organised by our Firm. Right from designing the contracts that govern the relationship of the clients inter se, with their vendors and users, to the regulatory obligations under the law, new-age companies present issues which may not have any precedence and defy the template-model of transaction and conveyance practice. Without understanding the business there is no way one can find the thin line between legal and illegal business operations. The first step for any technology lawyer is to first understand the technology and the business. Then one must revisit the principles of law. I always find it useful to re-read the provisions of law and their interpretation before providing any advice. I feel this is especially important for start-ups as any misstep may cost dearly to not only the clients and their investors, but may also adversely impact the technical solutions piloted by such start-ups. And never cut corners.
Cyber law is not a new expression in India’s legal system. But as technology evolves, tech-law also has to keep pace. We are all waiting for life to be breathed into the Data Protection Act. Fast evolving technology like AI is full of possibilities, opportunities and at the same time massively disruptive capabilities. AI would be a game changer in national security, personal privacy and the job market in general. This presents a huge challenge to everyone with stakes in the law and policy field to anticipate, prepare and adapt for the changes while safeguarding the core constitutional promises to citizens.
Your experience includes handling pro bono cases for individuals with meagre incomes and working with NGOs like SEWA Bharat. How has this aspect of your work impacted your overall legal career?
Every case is satisfying in its own way, be it contesting the unsustainable tax demand, bringing defaulting corporate debtors to books, dealing with breach of service law, championing the cause of unjustly terminated labour in getting justice, or representing the parties involved in the criminal justice system.
By nature, I have never been particular about money – not a great quality when you are managing your own practice, but that is what it is. So when I help someone in need, I do not feel altruist or special about it. It is what I am and what I do. But these cases also humble me, and they make me realize more and more the nobility of the profession.
At the same time I would add this: ask any senior in any court and they will tell us to work harder on pro bono cases or cases where we are advocating the cause of some social organisation. These are cases which can shatter the delicate reputation that any lawyer has to build with great diligence and time. I take these words of caution with utmost seriousness.
Could you discuss your role as a senior associate at Lakshmikumaran & Sridharan, particularly your involvement in indirect tax matters and your appearances before various authorities and courts?
I had one of the most enriching experiences of my life at LKS. It was a great learning experience. A large firm like that gives one the opportunity to work with seasoned and consummate professionals at the top of the game. One learns from individuals with great differences in style and approach. Where one senior demands perfection in the draft another would require extensive research even on issues tangential to the matter, just to be thorough and to leave nothing unprepared. I also had the opportunity to work from some of best Senior Advocates involved in indirect tax cases, from Mr. Harsih Salve, Mr. P. Chidambara, Mr. Arvind P. Datar, Mr. Santosh Bagaria, Mr. N. Venkataraman to Mr. V. Sridharan.
I worked closely with Mr. V. Lakshmikumaran during the time the Supreme Court constituted a special tax bench to speedily dispose of long-pending tax cases, including assisting him before the 9-judge bench Entry Tax matter. That was my first constitution bench matter. Thanks to him, I honed my ability to quickly navigate any brief, anticipate the questions and prepare for the same. Under him, I learnt the importance of preparing to explain the most basic points of a subject and at the same also to present the most nuanced and sophisticated points of the same subject. During the time the special tax bench was there, I was fortunate to have worked on more than 200 final hearing cases, which is a very rare opportunity for anyone in the profession. I must say this – the pace of Justice A.K. Sikri and Justice R.F. Nariman on the tax bench kept all of us on our toes and the entire team working on Supreme Court matters would have worked for close to 16 hours a day!
Apart from appearing in the Supreme Court, I have handled cases before the Delhi High Court, CESTAT and at Commissionerate level. In all these, I have been the beneficiary of guidance and friendship of several lawyers of the firm. In no particular order, I am grateful for the time and guidance of Mr. B.L. Narasimhan, Mr. Amit Jain, Mr. Hemant Bajaj, Mr. MP Devnath and Ms. Jenny Verghese. Some of my former colleagues are today friends beyond and outside the profession.
You’ve been actively engaged in conducting seminars and talks on legal issues for law students and professionals. What inspired you to take on this educational role, and what do you hope participants gain from these sessions?
While in college, I read somewhere that the best way to learn a subject is to teach it. I started making presentations purely to learn topics, but I soon realised that I enjoyed the process of learning, sharing what I learnt and learning more in that process. I have since carried on with conducting such sessions with students. It is a way for me to learn more and to also give back to my profession.
I also feel that due to the nature of the profession and the enormous syllabus which needs to be covered in college, nuances and practical aspects cannot be taught solely by the law institutions. Seminars and conferences which bring practical experience to the classroom serve to fill the gap of what can be taught in a traditional environment and what is expected/ required in the market. So our endeavour at the Firm is to bring the niceties of legal practice across to the students and aspiring young professionals.
Lastly, based on your journey from law school to becoming a managing partner and advocate-on-record, what advice would you give to fresh graduates aspiring to enter the legal profession, especially in the areas of corporate law and governance?
Legal profession is a rewarding and at the same time a highly demanding profession. The foremost demand placed by the profession is on the health of the individual, both physical and mental. Focusing on maintaining good health and creating a daily routine around which to organise every aspect of your life comes first. There are time-tested and well-respected qualities expected from any lawyer and law student – commitment, professional knowledge, professional competence, hard work, attention to detail and being well-informed about the developments in the society. By professional competence I don’t mean only written and oral communication skills, but I include adherence to ethical standards and providing honest advice to clients, even if such advice is unpalatable to the client. These are necessary but not sufficient conditions for success in the profession. Consistency, professional and personal integrity, steadfast adherence to professional ethics and building a good network are factors which make or break a career. To add a few words about personal integrity – a lawyer is somewhere between the society at large and the centres of power (though often the roles overlap) and hence, must bear the extra weight of responsibility to the society more so than most other professions and at all times conduct themselves as an ambassador of the profession.
Speaking specifically about corporate law – keeping pace with business and economic development, learning about the evolving business trends, training to put oneself in the shoes of an entrepreneur – these are the qualities one must develop.
I have saved the best for the last. Patience and unwavering self-confidence. These are, of course, empty shells if one doesn’t check all the boxes above.
Sir, could you please share the pivotal moments or experiences during your academic journey, from studying Electronics and Communication Engineering at Anna University to pursuing Law at King’s College London? What influenced your decision to transition to law?
I enrolled in Engineering as I always had an interest in the sciences and intended to pursue a career as an Engineer. However, both during school and later during my Engineering degree, I found myself consistently drawn to activities such as debating and writing and taking on leadership roles representing my peers. This led me to explore other career opportunities and law presented a perfect confluence of speaking, reading and writing skills which attracted me greatly more so given its impact on every aspect of society. I also realised that the analytical and problem-solving skills I had developed while studying engineering would be an asset in legal practice and provide a unique perspective on legal issues.
Studying law at King’s College London was a transformative experience. It not only provided me with a solid foundation in law (and confirmed my decision to switch paths) but also exposed me to a diverse and dynamic legal environment in one of the world’s leading legal hubs.
How did your early experiences as a trainee at Clifford Chance shape your career path?
My early experiences as a trainee at Clifford Chance were invaluable and played a significant role in shaping my career path. During my training, I was exposed to a broad range of practice areas including transactional work and disputes. This gave me a well-rounded understanding of the legal profession and allowed me to identify the areas I was most passionate about. It also gave me many life-long friends who continue to inspire me.
Being part of a global law firm also offered me the opportunity to work on complex and high stakes matters in three different jurisdictions being the UK, Dubai and Singapore. This experience was instrumental in developing my skills in navigating cross-border legal issues and managing diverse client relationships.
The firm’s approach of providing the highest quality of service to clients and its emphasis on continuous learning and development have greatly influenced my approach to legal practice. These early experiences laid a strong foundation for my subsequent roles and continues to guide me in my current position as a Partner at Addleshaw Goddard LLP.
How has your experience evolved with your recent transition to Addleshaw Goddard LLP as a Partner in their disputes team?
I am grateful for the opportunity to join the talented team of lawyers at Addleshaw Goddard LLP who are a leading global law firm. I joined them at a time of unprecedented growth for the firm which has been built on a solid platform of expertise and providing exceptional legal services to clients. These principles resonate strongly with my approach to legal practice, and I look forward to growing further with them.
You’ve been involved in many high-value and complex cases throughout your career. Could you walk us through a specific case that stands out to you and share the challenges you faced and lessons learned?
The first construction dispute I handled as an associate was also a memorable one due to the challenges it posed to me personally and the lessons learned. This was a large infrastructure dispute valued at over USD 200 million and I was leading all aspects of the matter from drafting the pleadings, handling witnesses and experts to conducting a large part of the advocacy.
While I had participated in various moots during law school, this was my first experience of advocacy (after law school) where I had to cross-examine three fact witnesses and the delay expert. In the process of preparing my questions, I came across one of the clearest expositions of the art of cross-examination in Irving Younger’s lecture from the 1970’s (which is available on Youtube). Taking his “10 commandments” as a guide, I carefully prepared my strategy for cross-examination and delved into technical questions with the assistance of our delay expert. It was therefore entirely satisfying to have effectively cross-examined the expert’s opinion and challenged their credibility such that the Tribunal dismissed their report entirely. It was particularly gratifying when the other side personally congratulated me on a very good cross-examination.
This case taught me the importance of thorough preparation and the value of a well-planned cross-examination. It also reinforced my focus on construction disputes where my engineering background brings an ability to delve into both the legal and technical issues.
With your extensive experience across the Middle East how has working in diverse legal systems and cultures shaped your approach to dispute resolution, and what unique challenges have you encountered?
Working in diverse legal systems and cultures in the Middle East has significantly shaped my approach to dispute resolution. It has taught me the importance of understanding the local business culture, legal landscape, and the unique dynamics of each jurisdiction.
Each country in the Middle East has a unique legal system and regulatory framework. For instance, the DIFC Courts in Dubai and the ADGM Courts in Abu Dhabi operate on a common law framework, while other parts of the UAE follow civil law. Understanding these differences and being able to operate effectively within these diverse legal systems requires adaptability and has been an opportunity for professional growth.
Overall, my experience in the Middle East has enriched my legal practice and provided me with a broader and more nuanced perspective on dispute resolution.
Given your role in tech disputes, how do you navigate the intersection of technology and law? Can you share a notable case or challenge you faced in this realm and how it was resolved?
Navigating the intersection of technology and law requires a good understanding of both fields. It’s about being able to understand the technical aspects of a case, as well as the legal implications. This is where my background in engineering combined with my legal expertise comes into play.
One notable case I handled involved advising a global tech company on a multi-million-dollar software licensing dispute with a global software/cloud service provider. The case was complex as it involved intricate details of software licensing, cloud computing and IP rights. The challenge was to understand the technical aspects of the software provided and how that interacted with the contract terms and the facts which were quite complex.
Our advice allowed the client to successfully conclude a settlement with more than 90% reduction of the claim amount. The case was a testament to the importance of understanding both the technology and the law in tech disputes. It also highlighted the value of negotiation and mediation skills in resolving complex disputes.
How has sharing your insights through publications contributed to your professional growth, and how do you stay updated on the latest developments in your areas of expertise?
Sharing insights through publications has been a vital part of my professional growth. It has not only allowed me to contribute to the broader legal discourse but has also helped me clarify my own understanding of complex issues. Furthermore, my publications have also been a valuable tool for engaging with clients and other professionals in the field.
Staying updated on the latest developments in my areas of expertise is a continuous process. I regularly read legal articles, attend seminars and conferences, and participate in professional networks and associations. I also engage in regular discussions with colleagues and other professionals in the field, who often provide valuable insights into emerging trends and issues.
Drawing on your experience, what advice would you give to recent law graduates who are just starting their legal careers? What key lessons have you learned that you believe would be valuable for those entering the legal profession today?
Find your passion: Law is a broad field with many specializations. Try to gain exposure to different areas of law early in your career to identify what truly interests you. Once you find your passion, dive in and become an expert in that area.
Never stop learning: The law is constantly evolving, and it’s important to stay updated on the latest developments in your field of practice. Regularly read legal journals, attend seminars and webinars, and participate in professional associations.
Develop strong relationships: Building strong relationships with colleagues, mentors, and clients is crucial for advancement in the legal profession – and this starts right from law school!
Work on communication skills: Effective communication is key in the legal profession. Whether you’re advocating for a client in court or drafting legal advice the ability to convey your ideas in a simple, structured, and persuasive manner is crucial.
Embrace technology: Technology is transforming the legal profession. Be open to learning about new legal tech tools (e.g.AI) and how they can enhance your practice.
As for key lessons, one of the most important I’ve learned is that resilience and adaptability are crucial especially in a rapidly evolving field like law and one should remain curious about developments rather than shun them altogether. The other lesson imparted to me by a senior counsel I admire is that of the 3 P’s – Preparation, Preparation, Preparation – which is critical to success in any case.
Could you please share with us the story of how you chose to pursue a career in law, especially focusing on international family law and child custody matters between India and the U.S.?
Being a lawyer is tough.
Being a young lawyer is tougher.
But being a first-generation, young lawyer – well, that’s just pure chaos!
I received my law degree in India in 2012, and it has been quite the journey from a fresh law graduate to an international family law practitioner. From being a law clerk at the Punjab and Haryana High Court, to a litigation associate in New Delhi, to an LL.M. candidate in New Hampshire, to a duly licensed New York attorney, to a wife, and, most importantly, to a mother – I have had the good fortune to evolve at every step.
My initial connection to this area of law and my continued interest in this field is a sum total of several factors. I stumbled upon this particular practice area by chance when I started working for one of the most renowned international family law practitioners in the world, I am based in one of the most diverse cities in the world with a high number of internationally born population, I come from a country that has the world’s biggest diaspora, I am a dual-qualified attorney, and I am a young immigrant mother in an international marriage. In essence, I can relate to the challenges faced by international families, not just as their attorney but also on a much more personal level.
As someone deeply involved in international family law, could you shed light on what are some of the most significant challenges that your clients face after the breakdown of an international marriage/relationship, particularly concerning issues like International Parental Child Abduction (IPCA)?
I think the biggest challenge for a person stuck in the middle of an international divorce or custody dispute is to secure effective and timely legal advice. It is challenging enough to figure out the laws and the public policy of one jurisdiction but throw in a whole other continent, and it’s a different ball game altogether. From the financial aspects of a divorce to child custody laws, there are different advantages (or disadvantages) that come with a particular jurisdiction. This often ends up in parties initiating multiple parallel proceedings against each other and then ensuing a judicial tug-of-war, especially in child custody cases. Thus, one wrong step in an international family law dispute can have an everlasting impact on a person’s custodial rights over his or her children, financial rights upon a divorce, immigration status, professional goals, and overall life.
International Parental Child Abduction (IPCA) is an example of one of the many challenges which a parent might face when an international marriage/relationship breaks down. IPCA is the removal or retention of a child by one parent, outside the child’s country of habitual residence, in breach of the other parent’s custody rights (often done without the knowledge or consent of the other parent). It is a federal crime in the U.S.
Could you provide our listeners with an overview of the Hague Abduction Convention and its significance in resolving cases of international child abduction?
The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the “Hague Convention” or the “Convention”) is an international treaty that aims to prevent IPCA and protect children from the harmful effects of such wrongful removal or retention. The Convention establishes a legal framework (a “shared civil remedy”) among partner countries for the prompt return of internationally abducted children to their country of habitual residence. A court functioning under the Convention does not settle a child custody dispute. It merely decides whether or not a child should be returned to the country of his habitual residence, so that the custody dispute can then be settled by the courts in that country.
Keep in mind that just because a country has signed the Convention does not mean that an internationally abducted child would have to be ordered to be returned under all circumstances. The Convention provides six defenses when a court may deny the return of an abducted child. These defenses concern a “grave risk of harm” to the child upon return, the child’s age and opinion, the one-year-and-settled rule, violation of fundamental principles of human rights, consent of the left-behind parent, and the fact that the left-behind parent was not actually exercising rights of custody at the time of wrongful removal.
More than one hundred countries have signed the Hague Convention. India is not one of those countries.
You’ve been actively advocating for India to sign the Hague Abduction Convention. Can you explain why you believe this is crucial and the potential impact it could have on resolving international parental child abduction cases involving India?
I will keep it as short as possible!
India’s need to accede to the Convention has been underscored by various concerned authorities in the past, including the Hon’ble Indian Law Commission. However, in April 2018, India refused to sign the Hague Convention. It was primarily because the Indian government felt that signing the Convention would deprive the Indian courts of the discretion to refuse the return of a child in a Hague case where such a return is not in the “best interest of the child” (BIOC). The BIOC is the basic principle that all Indian courts apply in all disputes concerning a child’s custody (or even return). The Hague Convention, on the contrary, implies that a court that is merely hearing a return petition should not apply the BIOC principle because it is for the courts in the country where the return is sought to make a rights-of-custody determination under that principle. The second reason for the Indian government to decide against the Convention was that it had concerns about gendered domestic violence against mothers of Indian origin in a foreign country.
At that time the Indian government also introduced a Bill titled the Protection of Children (Inter-Country Removal and Retention) Bill, 2018, to tackle the menace of IPCA. Additionally, a “Proposed Authority” was ordered to be set up to handle inter-country parental child removal disputes, and a “Mediation Cell” was established in 2018 to mediate international custody disputes. It has been almost six years since the Proposed Bill was introduced, but it has since been tabled. The Proposed Authority is yet to come into existence, and the Mediation Cell has not resolved any abduction cases. Not to mention that even if the Proposed Bill had become a law, it would have still lacked the required international backing or the proverbial teeth. However, even without factoring in the issues concerning the Proposed Bill or the Proposed Authority, there still are several independent reasons why the Indian government should consider signing the Convention.
Firstly, the concerns of the Indian government regarding the BIOC appear to be unfounded because the BIOC is almost a universally applicable standard in child custody disputes. Thus, no matter which court gets to decide the custody dispute, the applicable standard will always be BIOC.
Secondly, while India’s concerns about gendered domestic violence are not unfounded, it is not an issue specific to women of Indian origin. It is a sensitive and grave issue worldwide, irrespective of the gender or nationality of the victim. Most Hague countries have effective mechanisms in place against domestic violence. This help is available irrespective of the victim’s race, gender, nationality, or immigration status. For instance, all the U.S. States have such programs and helplines in place which offer assistance to domestic violence victims. Such services are usually free of cost, and attempts are even made to provide such assistance in the language that the victim speaks. A victim of domestic violence can initiate a police complaint against the preparator, secure a restraining order, file for a divorce, and initiate a custody case before the concerned foreign court.
Thirdly, instead of causing an unauthorized removal of the child from another country to India and facing criminal charges, the taking parent has the option to seek the permission of the foreign court to relocate internationally with her children by initiating an international child relocation petition.
Fourthly, authoritative statistics confirm that India has the world’s biggest diaspora, and all the top countries to which Indians move are Hague signatories, barring the UAE.
Fifthly, India’s current system of handling a return petition through the writ of habeas corpus and the governing factors in such a writ are strikingly similar to the defenses in a Hague case (as in the situations where the Hague court may not order the return of the child to the country of his habitual residence). Some of these factors/defenses include the age and opinion of the child, the time spent by the child in India since the time of the abduction, the grave risk of harm to the child (or the taking-parent), and the association of the left-behind parent with the child.
Fifthly, if the taking parent is a mother who decides (in an impulsive moment) to return to India with the child, she may then be prevented, forever, from claiming what is rightfully hers upon divorce in a foreign country because her husband has not only initiated a criminal complaint against her but there is an international arrest warrant out against her. Under such circumstances, the Indian wife’s right to be maintained upon divorce will be hard to enforce through an Indian order, given that the husband is living in a foreign country. On the other hand, the wife would likely not get what she deserves from the foreign court because she willingly flouted a serious law against IPCA and possibly defied a foreign court’s return-of-the-child order.
Not to mention the burden it puts on an already overburdened Indian judiciary. Once the taking-parent is in India, there is no way to predict what they might do/assert in order to be able to retain the child in India. From filing made-up domestic violence charges to initiating false cases under the infamous Section 498-A of the Indian Penal Code in some cases to filing for restitution of conjugal rights, both sides take whatever steps they feel are necessary to exert pressure on the other side.
Furthermore, in today’s rapidly changing economic climate and given India’s bid to be seen as a key player in the current global settings, it does not bode well for India’s international image when the Indian legal system is referred to as “less developed” or as a “safe haven” for child abductors.
In your experience, what are the usual legal avenues available for a left-behind parent seeking the return of their child from India, considering India’s current stance as a non-signatory to the Hague Convention?
As I mentioned in my previous answer, the usual way to secure an internationally abducted child’s return from India is to file a writ of habeas corpus before the concerned Indian High Court. However, it is an extraordinary writ and is usually available only under exceptional circumstances. Moreover, from the voluminous (and highly divergent) Indian case law, it is hard to deduce a set of favorable factors that might cause the Indian High Courts to order the return of a child in such cases. The uncertainty of the left-behind parent is not as to the outcome alone; this uncertainty also remains with respect to the correct procedure to follow. Whether to approach the foreign court for an interim custody/return order or whether to approach the Indian writ court directly – there is no clear answer. On the one hand, the existence of a foreign custody order is considered as one of the several factors that Indian courts consider while ordering the return of the child, on the other hand, it seems necessary for the left-behind parent to secure an emergency custody order from the child’s country of habitual residence in the hope to prevent the taking parent from initiating a regular custody case in India based on the concept of ‘ordinary residence’ of the child (and this is just one such example).
Understandably, a left-behind parent (especially one of Indian origin) might feel cheated by the system because of the lack of proper recourse.
Given your extensive experience and expertise, what advice would you offer to fresh graduates aspiring to specialize in international family law or pursue a career in law with a focus on cross-border issues?
Dear fresh graduates, I’d like to start with a bit of general advice. Don’t be afraid to make mistakes (as long as you learn from them). And please don’t be afraid to share. Whether it is your special knowledge or skills, your initial insecurities regarding this profession, or even your occasional failures- whatever it is- learn to share.
When one is doing relatively better in their career, it is easy to set a certain “effortless” narrative for their story. However, it is neither fair nor honest if they don’t acknowledge the years of struggle they endured to be wherever they are today. I had my share of struggles during my initial years, and sharing those struggles with people close to me only made things better. By sharing your struggles with others, you are telling the other people (who are also struggling) that they are not alone and that it gets better. This is generally true for any profession, but it is spot on for fresh-out-of-law-school lawyers. There is a learning curve to this profession, and there is no one defined way to master it. So truly, what matters is your journey (and detours), not the destination. Don’t be afraid to network and reach out to other people if you have doubts (in fact, my US journey started by reaching out to a wonderful attorney who was featured by Superlawyers back then).
For any kind of international law practice, you should be prepared to learn (from scratch) the legal system of another country (sometimes you may even be required to unlearn the things you did in your home country); you will be required to take the Bar exam once again (easier said than done); you must learn to network, and lastly, as with everything in life, luck is a huge factor (especially with immigration-related issues).
It is possible when you shift gears in your profession, that you will find that your carefully honed skills from your previous position do not necessarily translate into your next position. However, they are never rendered useless. It is entirely up to you to collate your bundle of skills and offer something unique to the world.
Finally, considering your advocacy work and professional journey, what message or advice would you like to share with our listeners, especially those who might be facing international legal challenges or navigating the complexities of international family law?
Get the right attorney ASAP!
The first step in many international family law cases is the most important one, and one must not mess it up by receiving incorrect (or impractical) advice.
Can you share your journey and tell us what motivated you to pursue a career in law, from your early internships to your current role as a Managing Associate at Lall & Sethi in New Delhi?
As a child, you would find me engaging in lengthy discussions, be it with my parents, friends, or teachers at school. And my mother’s dedication to social service has always inspired me – despite having a full-time job and two young kids, she never stopped doing whatever she could to give back to those in need. This instilled in me a strong responsibility to give back to society. As law was the way to advocate for people’s rights and engage in arguments, it was a natural progression for me to decide on law as a career. However, as a first-generation lawyer, my first real experience of the practical side of the law was through my early internships, which provided hands-on experience, and solidified my commitment to this career. Now, as a Managing Associate at Lall & Sethi, I continue this journey, driven by the belief that law is a powerful tool for society. My pursuit aligns with a deep-seated desire to contribute meaningfully to society.
You have an extensive background in intellectual property law. Could you explain what drew you to this particular field and share some of the most interesting cases or projects you’ve worked on in the realm of intellectual property?
The arts have always played a major role throughout my life. My mother is a classically trained singer and started training me at the age of three. Thus, having been trained in singing and dancing, and having dabbled in drawing, craftwork and directing, my curiosity was piqued by the interplay between the arts and the law, thus making intellectual property law a natural choice for my specialization. The dynamic nature of this field, especially given the developing nature of the law in India, drove me towards it. Throughout my career, I have had the privilege of learning from and being involved in complicated cases that raised interesting questions of law spanning different fields. One particularly intriguing project involved navigating the complexities of derivative work performed by different artists vis-à-vis the rights of the original artist in the underlying work. Another highlight was considering and advising clients on the interpretation of comparative advertising through implied comparison. One other matter that comes to mind is advising clients on ambush marketing and its implications. I’ve also had the privilege of delving into the interplay between trademarks and geographical indications. These experiences have not only honed my legal skills, but also reinforced my commitment to excelling in intellectual property law.
Your experience includes working as a US and India Associate Attorney. How did you navigate the legal systems in both countries, and what were the key differences or similarities you encountered?
Navigating the legal systems as a US and India licensed Attorney in IP law involves a focus on different strategies. What is interesting is that both countries have similarities in the manner in which they prioritize prior use in the market over the first to file with the government. But the process of registration is very different in both countries. As a US-licensed attorney, I learnt the need to be extremely thorough in running clearance searches before filing a trademark because of the strict nature of examination by the United States Patent and Trademarks Office. Conversely, in India, my focus extended to strategic advisory work, embracing a more solution-oriented approach, as Indian procedure before the Trade Marks Registry focuses on the prior user in the market. The concept of use of a trademark and what is considered sufficient is also quite different in both jurisdictions, thus changing the focus of the advice that one would give clients to prove use in the respective countries. However, despite these disparities, the Indian judiciary often considers it relevant to examine the laws abroad, more particularly in the US, UK and EU when passing orders on interesting points of law. As a result, the development of intellectual property law in these countries is relevant for the progress of Indian law as well. This motivates me to not only keep abreast of new Indian judgments, but to also keep track of changing US jurisprudence in IP law.
You’ve been featured in the World Trademark Review as a top filer in the US. What strategies did you employ to achieve such recognition, and what challenges did you overcome during your time with LegalForce RAPC Worldwide?
Securing recognition as a prominent filer in the US very early in my career was a result of highly meticulous case management, learning the law quickly and efficiently in a manner that best served the needs of my clients, of course with the integration of technological solutions for enhanced efficiency, and a vigilant awareness of evolving trademark laws. Building strong client relationships was a priority, ensuring a profound understanding of their unique needs and fostering enduring relationships. This journey was not without its challenges. As a young lawyer, one learns by immersing themselves fully in the law and its changes by being a voracious reader and also learning to observe their peers, seniors and juniors. Much of my learning relating to procedure was due to the time I spent with paralegals who assisted me in my filings. I realized that effectively managing time and cultivating a collaborative team approach were imperative in order to achieve the best efficiency. Observing my peers and learning from their different styles of being a lawyer also encouraged me to look inwards to find the kind of lawyer I wished to be. This reinforced the importance of maintaining, in me, an unwavering commitment to complete honesty in work and excellence in both client service and legal research.
In your career, you’ve worked on trademark prosecution and enforcement across various countries. How do you approach providing detailed country-specific advice to clients who operate in multiple jurisdictions?
Navigating trademark prosecution and enforcement across diverse jurisdictions demands an approach that harmonizes black letter law with case law and procedural insights. I have had the unique opportunity of being deeply involved in Indian, US and south east Asian legal frameworks which exposed me to the nuances of each country’s laws and procedures. Past prosecution and enforcement experiences combined with discussions with legal counsels in different jurisdictions on a range of matters has provided invaluable lessons, allowing me to anticipate challenges and optimize strategies based on my experiences in those countries. Beyond legal technicalities, grasping the unique dynamics of each country is crucial. Procedural requirements combined with an understanding of how the judiciary reacts significantly impact enforcement strategies. Regular engagement with local counsels fortifies my advisory role, facilitating a proactive response to emerging issues. Of course – clear communication with clients is paramount for me – if I am unable to distill complex legal intricacies into actionable insights, I would not be helping them make informed decisions. Flexibility is key, allowing for tailored approaches that resonate with the legal and business requirements of each client. I always strive to understand the business needs of every client. This holistic method ensures comprehensive and effective counsel, fostering robust trademark strategies for clients operating seamlessly across multiple countries.
As a guest lecturer and judge in various legal events, you’ve had the opportunity to share your legal expertise. Could you tell us more about your experiences in educating and mentoring future legal professionals?
As a guest lecturer and judge at various legal events, I have had the privilege of interacting with inquisitive future legal professionals, especially students in law schools. I encourage students to come forward and ask me any question to help them understand law as a profession as this is one such profession which can benefit people from all walks of life. Through lectures, I convey how black letter law translates to practice in an attorney’s everyday life, highlighting the relevance of judicial pronouncements and legal research.
As a first generation lawyer myself, I have relied heavily on connections I had built over the years, to navigate my journey as a professional. So, my aim in serving as a mentor to students, aspiring lawyers or young professionals is to help them navigate the profession a little better, guide them on refining their advocacy skills and nurture a respect for research and reading. Playing a role in shaping a new cadre of adept, socially aware, and justice-committed legal practitioners is incredibly fulfilling for me personally and I am always available to anyone who reaches out for my guidance.
You’ve earned several degrees in law, including an LL.M. from The George Washington University Law School. How did your academic pursuits contribute to your career, and what advice would you give to law students who aspire to excel in their studies and those interested in intellectual property law and international practice ?
My legal education, an LL.M. from The George Washington University Law School, has been the compass guiding my career. When I graduated from law school with my undergraduate degree, I was still keen on delving deeper into the field that I knew was my calling. So, pursuing a masters was a natural choice and I find myself much enhanced as an overall professional because of this experience.
As Gandhi said, ‘Be the change you wish to see in the world’. To aspiring law students: Blend academic prowess with practical wisdom. Engage in internships, embrace moot courts, and build a network. Excellence demands dedication and a commitment to continuous learning. Success in law is not just about knowledge, but embodying the change you seek. The journey from student to legal professional is a transformative process; let Gandhi’s wisdom inspire your path to becoming a catalyst for positive change in the legal realm. As I reflect on my journey and accomplishments, my advice to fresh law graduates would be to foster a curious mindset, staying attuned to the constant, very evolving legal frameworks. Pursue diverse experiences through actively participating in networking to construct a strong professional foundation. In the dynamic realm of intellectual property, nurture a fervor for research and keeping abreast of the latest legal developments, whether it is through reading judgments or conducting research on the aspects of law which are yet to be explored. With evolving technology, there is an ever expanding scope for the law itself given the ambiguity in the current legal framework that has not changed at the same speed as innovations. So, keeping yourself informed of legal and technological developments is key for any growing professional. As a young lawyer, it is also very important to work towards being the kind of professional you intend to be throughout your career. Prioritizing communication skills, adeptness in communicating intricate legal concepts in a simple, easily understandable manner, establishing a mentorship network to actively seek guidance, never compromising your integrity or ethical standards – are all foundational to a flourishing legal career. It is important to remember that every miss, every challenge and every mistake is a chance for growth, and this commitment to continuous learning will pave the way for a gratifying and impactful journey in law.
Could you please share with us the pivotal moments or experiences that led you to pursue a career in law, particularly your journey from your undergraduate studies at National Law Institute University, Bhopal, to earning an LL.M. from Cornell Law School?
I just went with the flow and ended up where I did. When I was in school, I was very sure that I’ll be studying English Hons. in Delhi University. Most of my classmates in school were heading to DU and I felt like that is where I want to be as well. But I cleared CLAT and allowed myself to be talked into studying law – and boy, am I glad I did! Although I was quite average academically, the five years I spent at Bhopal were very fulfilling. The decision to apply for Masters was also one without a lot of planning behind it –I was in the final year of my course, I had no job and I had no idea what I wanted to do. I made a last minute decision to apply for LL.M.. In fact, some of the admission deadlines for colleges had already passed by the time I got around to applying. My LL.M. year was very enriching and I thoroughly enjoyed it.
As an Advocate-on-Record at the Supreme Court of India, you have a diverse range of experiences, including representing political parties and government departments. What motivated you to specialize in areas such as commercial law, service law, constitutional law, and election law?
I like the variety that comes with being a practising advocate. I did not deliberately choose these practice areas, most lawyers don’t get that choice– at least not initially when you’re starting out. You say yes to all kinds of work. For me, this diversity is what keeps the work exciting and interesting.
During your time at Cornell Law School, you served as an Associate Editor for the Cornell International Law Journal and as a Researcher for the Center on the Death Penalty Worldwide. How did these roles shape your perspective on the legal profession, and how do they contribute to your current work?
My work as an Associate Editor for the Cornell International Law Journal felt like a natural extension of my work at the NLIU Law Review when I was in Bhopal. I had been a part of the journal since the first year, and continued up till my final fifth year when I was effectively in-charge of the Editorial Board – Content Review. At CILJ, I had an exposure to how much more professional these journals are; you work on tight deadlines, the articles and publications are by well-known academics, the editing is strict, the citations must always be as per the Bluebook. I feel like my editing experience helps me write and draft better. It instills an ability to discern good writing quickly.
My time as a Researcher with the Death Penalty Worldwide was shorter. I felt like I had taken on too much, what with all the credits and extra-curricular activities, and could not continue it for longer.
Drafting and researching constitute a big chunk of my professional responsibilities, so I’d say, yes, these experiences definitely help me now.
From your extensive internship experience, including working at Parekh & Co., Amarchand & Mangaldas & Suresh A Shroff & Co., and others, which experiences had the most significant impact on your development as a legal professional, and how did they influence your career choices?
I did not do as many internships as some of my classmates and colleagues. But from the ones I did, I got a fair look into the workings of litigation chambers, litigation law firms and corporate law firms. I also got to work with an Intellectual Property Rights team, specifically the patents team of a law firm. Through these experiences, I realised that (A) I’m probably better suited as a litigating lawyer over a transactional one, and (B) I’d rather work with a small team of a few colleagues than with a large team of people. The internship experiences brought that clarity at some point.
You’ve been involved in varied cases relating to Constitutional matters, and also many election disputes involving RP Act, symbol order etc. Can you share a specific case or experience that challenged you professionally and how you navigated through it?
I think each case is a new challenge in itself. I cannot think of anything specific at the moment but I am looking forward to a few 7-judge bench matters that are scheduled to be listed where I am involved as the Advocate-on-Record.
What made you decide to take the New York Bar Exam? Have you had the experience of handling cases before US Courts as an Attorney and Counselor-at-Law in the State of New York.
Most international students in my LL.M. cohort were very keen on taking the New York Bar Exam. On finding that I can easily fulfil the eligibility requirement by taking certain credits from a list of a few select courses, I decided that I will also take the exam and see where it takes me if I pass. I was open to exploring work opportunities outside but I didn’t know what kind of law I wanted to practise.
I passed the NY Bar, but I came back to India soon thereafter and joined the litigation chamber of an Advocate-on-Record. The NY Bar qualification is now just an embellishment on my CV. My feet – and practice – are firmly planted in the Supreme Court of India.
Lastly, considering your rich and varied experiences, what advice would you give to recent law graduates who are embarking on their legal careers?
There is no straight line to success and everybody’s experiences are different. Don’t compare your path to others’. Stay motivated and stick it out. Showing up is half the battle.
Sir, could you please share with our readers how your journey in law began and evolved, leading you to specialize in commercial litigation, arbitration, and mediation?
I had intended to join the Indian Air Force as a reconnaissance pilot rather than practice law. The National Defence Academy in Pune required unaided 6/6 eye vision as a visual criterion and a passing grade in mathematics and physics in 12th standard as an educational requirement for admission to the Air Force wing. However, when I was in my early teens, I developed myopia and found that I struggled with mathematics. It implied that I wouldn’t even meet the eligibility criteria to take the entrance exam. At first, I was dejected, but as they say time is a great healer!
Years passed by and in my high school years, I developed an interest in civics and business studies which contained chapters on constitution, business law and ethics which propelled me to take up commerce stream in 11th standard and eventually I pursued undergraduate course in law. I took up internships with an independent counsel, LPO and law firms to understand different facets of law and organizational structure of lawyers. Initially, I worked on a bouquet of dispute resolution matters,
My work included inter alia real estate, testamentary, writ, arbitration, commercial, company, banking, labour and with the passage of time, I realised that my area of interest was in commercial litigation, arbitration and mediation.
You’ve achieved significant recognition, being enlisted by Forbes India and acknowledged by The Legal 500 and with experience across various industry sectors, from aviation to real estate, you’ve covered a wide array of legal areas. How do you manage to navigate and excel in such diverse practice areas?
I believe to excel in diverse legal practice areas, a thorough understanding of facts and legal issues, effective strategy and planning, and time management are crucial. Keeping abreast of recent updates through legal publications is also essential.
A successful lawyer should adopt a personable approach, comprehensively understanding the client’s business, and creatively using resources to address the legal issues. In my view, continuous learning and dedication to provide quality support to my clients drives my motivation to excel. In addition to this, a successful lawyer must imbibe the spirit of learning throughout one’s career and be able to creatively use its resources to fulfill the requirements of the client.
Your academic background includes an LLM in International and Commercial Law from King’s College London. How has your international education shaped and influenced you?
Pursuing a master’s degree in London on a scholarship gave me a great deal of exposure to a relatively different university pedagogy and to students from diverse backgrounds. The subjects were more advanced and in-depth than those I studied in the undergraduate law program and writing assignments and thesis helped me develop my research and analytical skills. Most of the assignments which were given to us revolved around practical legal issues compelling us to apply our legal knowledge in real-world settings.
Pursuing a degree abroad also made me become self-reliant and independent. I think when you face challenges independently, you develop resilience and confidence which benefits you in various aspects of life.
Interacting with fellow international students and locals enabled me to expand my network. Building friendships establishes a global alumni network, expanding your horizons and introducing you to diverse ideas and perspectives that may not have been part of your previous considerations.
From your independent practice to your current role at Fox & Mandal, you’ve navigated various professional settings. How has this journey contributed to your personal and professional growth, and what key lessons have you learned along the way?
Working in diverse work environments enabled me to understand the perspectives and challenges one goes through in its legal practice. For example, in an independent counsel setting, one needs to pay attention to the legal cases as well as take care of administrative tasks such as billing, operational requirements of the setup and HR aspects etc. However, in a law firm you might be spared from the administrative responsibilities and focus only on your work that has been assigned to you.
It is essential to know and understand your role in each professional setting. Once this is clear in your mind, it will be easier to handle and navigate the work and the expectations of your seniors and your team. Another thing to remember is that the learning in this profession never stops. The law, and the practice, is constantly evolving. You either evolve with it or be left behind.
In my short professional journey, I have learnt that one must be open to embrace new opportunities. It is only when you open yourself up, wonderful opportunities come your way to help you polish your skills and be instrumental in your professional and personal growth.
For law students and recent graduates aspiring to build a successful career, what advice would you give based on your own experiences and observations within the legal industry?
I believe law students and graduates should act like a sponge trying to absorb knowledge and information from wherever they receive, be it reading an article/newspaper/blog, or listening to the submissions advanced by counsels or observations made by the judge in a courtroom or discussion on a legal topic with colleagues over lunch.
I also believe that one must have the hunger and passion to excel in his/her field of specialization. In addition, one must also be honest towards the work assigned to them. When you give your all to the matter, whether you win or lose, it does not matter, what matters is – did I give my best? If your answer is yes, you will get immense gratification, there will be no regrets.
I’ve learned that being organized and having your case files at hand is crucial, whether you’re conducting your own study or research or briefing a senior counsel.
Another factor which is instrumental in building a successful career is having a mentor to offer you guidance and support when you require the most. I consider myself fortunate to have numerous mentors in my field like Mr. Sanjay Kumar Pathak, Mr. Kanishk Vardhan Shahi, Mr. Sonal Kumar Singh and Mr. Kunal Vajani who have shaped both my professional and personal development. My deepest gratitude to all of them.
Considering the evolving landscape of law and legal practice, are there specific trends or changes that you foresee impacting the field in the coming years? How should aspiring lawyers prepare for these changes?
The Covid-19 pandemic has not only showcased the feasibility of remote work but also emphasized the flourishing potential through effective work procedures and cutting-edge technologies, a concept previously unthinkable.
This shift emphasizes the increasing significance of technology in the legal sector. Whether you’re a law student or a legal professional, proficiency in working efficiently in virtual environments and familiarity with online collaboration tools is essential in the evolving landscape.
One trend which is already making its impact felt across the entire world is generative artificial intelligence (AI). AI is being increasingly used by law firms/companies nowadays for document review, legal research, contract analysis, communication etc. Aspiring Lawyers should make themselves acquainted with legal tech tools and understand how technology is transforming the way we practice law.
Furthermore, the use of blockchain technology and smart contracts is increasing across industries, including legal practice. Despite challenges, blockchain has revolutionized the world of technology and business. Law aspirants should familiarize themselves with this disruptive technology and understand its implications in a wide array of areas such as contract law, regulations, data privacy, intellectual property, and digital currencies.
Finally, drawing on your extensive experience, what advice would you offer to fresh law graduates who are just starting their professional journeys in the legal field?
The early years of this profession are the formative years and important for the fresh law graduates. I reckon in my early years of the profession; a senior advocate narrated the importance of commitment in the profession by quoting United States Supreme Court Justice Joseph Story – “The law is a jealous mistress and requires long and constant courtship. It is not to be won by trifling favors, but by lavish homage.” One needs to devote a lot of time to the subject and not be casual in the approach. Commitment and perseverance are inseparable and work hand in hand for success. As a practicing lawyer, I have realized that learning in this profession is perpetual. Embracing the idea of being a lifelong student is paramount, resonating with the timeless adage, “Once a student, always a student.”
Ma’am, can you please provide a brief introduction about yourself and your journey into the field of law?
Hi. I am Priyanka Sethia and I have been practicing at various Courts and Tribunals across India, as an advocate for over 10 years.
I graduated in the field of law in 2013 and got an LL.M. in Corporate and Financial laws in 2021, while being in the profession and gained further certifications as opportunities presented themself.
I am a certified negotiator accredited by London School of Economics & Political Sciences [2022] and a certified POSH (Diversity & Inclusion) Trainer [2023].
I started my own law chamber – Chambers of Priyanka Sethia, in 2021 and we take up civil and commercial matters for various individual and corporate clients as well as deal in corporate practice.
With over 10 years of experience, you have established yourself as a prominent figure in the legal fraternity. What inspired you to pursue a career in law and eventually become an advocate?
I have shared this before, but this story never gets old for me. So, my career in law wasn’t really a given from the very beginning and I am a first generation lawyer. My roots find themselves etched in a very traditional business family. It so happened that one day, I was late to school by a few minutes and the Head of Department, Accounts who was in charge of the School Assembly that day, asked me to go back home as I was late!
It was however only my first late show and I was aware of the finely printed school rules and regulations, set out in our Daily Academic Planner that permitted a student three late shows before being sent back for the day. With great respect, I politely took out the Academic Planner from my bag, opened the rules section and read it out to the said school teacher which stated that I had to be given three opportunities/warnings, before I could be sent back home for being late. I certainly could attend school that day but only saw disdain in that teacher’s eyes for me, on all days thereafter. Thankfully it was my last year in school and I then realized the power of Laws and Rules framed thereunder and the joy of knowing and abiding by it and of course realized my interest in reading the fine print.
Decision to pursue law came organically to me but the decision to choose between Litigation vs Corporate Law never comes easy for anybody. While the heart wants to be in the courts and explore the passion of arguing vociferously for the clients and their cause, the mind seeks to showcase the drafting skills. So now, my Chamber is trying to strengthen both its litigation team and its corporate practice team, by continuously levelling up with diverse certifications, hiring new talent and continuous practice. At the moment, I head both the verticals and with a recent certification in POSH (Diversity & Inclusion) Training, I hope to offer various training to Corporates, in this arena.
You founded the Chambers of Priyanka Sethia in 2021. Could you share the motivations behind starting your own law chambers and the vision you have for it?
I have worked with some of the most incredible seniors in Profession who have mentored me throughout and continue to handhold me through difficult situations. After assisting them for about 8 years, I realized that I was ready to explore legal practice from my own perspective.
And so, post the Covid scenario, with experience that I had gathered from my seniors and mentors, and a postgraduate degree in my choice of practice area, I delved into independent practice and started Chambers of Priyanka Sethia in November, 2021.
My vision for the chamber is to render exceptional legal services to our clients while being on an upward trend in the number of fresher hirings. I take pride in the fact that I welcome freshers with 0-6m experience and it’s lovely to draw inspiration from their passion and exuberance. On the work front, the chamber is striving to strengthen both its Litigation Practice and Corporate Practice.
You are a certified negotiator accredited by the London School of Economics & Political Sciences. How has this certification influenced your approach to negotiations, and what role does negotiation play in your legal practice?
While engaging in Corporate Practice, often we find ourselves negotiating terms of the contract on behalf of our clients. Many-a-times, the other party is situated outside India and has a completely different approach towards the drafts/agreements compared to the Indian scenario. Being sensitive to their background, ethos, laws and culture is the key. My certification in negotiations has helped me in bridging that gap and comes in handy especially while dealing with International Corporates and has added an edge in fostering new relationships, executing contracts, and arriving at settlements.
Your experience covers a wide range of legal areas, including corporate practice, commercial litigation, alternative dispute resolution, and more. Can you highlight some key experiences that have significantly contributed to your growth as an advocate?
Every case is a new learning. One cannot limit their learnings to the law. I strongly believe every person we meet is a new experience, we become wiser with each interaction. Every client, every cross examination, every meeting, every briefing in itself presents a new experience and contributes to one’s growth.
Your expertise extends to regulatory compliance and privacy laws. How do you approach these complex areas, and what challenges do you typically encounter in ensuring compliance for your clients?
To cite one instance, often we find that the law enforcement agencies are not well trained to understand and implement the law at the grassroot level. Recently, while dealing in a legal metrology matter, we observed that the department officer had no exposure to a couple of years old amendment in the law and required sensitization. Routinely issuing notices just to meet targets is a norm and needs to change.
You champion the cause of women emancipation. How do you integrate this advocacy into your legal practice, and what initiatives have you undertaken to contribute to diversity and inclusion in the legal profession?
I believe having freshers on board or having non NLU advocates in the team is the biggest inclusion point in our profession. I am open to having good talent on board without any preconceived notions or unconscious biases.
Besides, I take up matrimonial matters for marginalized women pro bono and ensure that they are taken to a logical conclusion.
Considering your successful journey in law, what advice would you give to fresh graduates aspiring to pursue a career in law and make a mark in the legal profession?
Success is a subjective term. On the work front, my request to fresh graduates aspiring to pursue a career in law is to be consistent. Do not give up without giving it a fair shot and some time. Also, there is a great demand for lawyers with expertise in niche areas. One could also choose their practice area earlier on in their career and proceed further in that direction.
And, Pursue a hobby alongside the profession. This helps in keeping sane as well as sticking through.
Sir, could you please share your journey of becoming a legal practitioner, from your education at the University of Aberdeen to your current position as a partner at Neupane Law Associates?
Like every other lawyer, my journey of becoming a legal practitioner began during my law school. The most helpful experience I had was volunteering as an advisor at the Citizens Advice Scotland. We advised mostly low-income clientele legal matters relating to debt, bankruptcy, consumer, landlord, family problems, etc. Clients in difficult situations needed quick and effective legal help. There I learnt you had to focus on reaching an effective solution for the clients quickly. This learning has stayed with me until now.
At law school, my interest was in commercial law and I enjoyed my elective courses in corporate finance law, corporate insolvency law, and tax law very much.
After graduating, I worked for around 2 years with a renowned senior advocate with extensive tax and commercial practice in Kathmandu. There I gained first-hand experience of Nepali contract, tax, and company laws. I also gained exposure to construction law and arbitration matters.
There were not many lawyers with good international exposure and English language skills in Nepal at the time. Commercial law practice was very small and focused mostly on compliance. Nepal was also recovering from a decade long insurgency and foreign investors were slowly returning back. Due to the market scenario at the time, I started getting contract drafting and foreign investment related matters through my personal contacts and references from other lawyers. Thereafter, I started with my current firm Neupane Law Associates serving my own clients. Currently, we are established as a go-to law firm for corporate and commercial matters in Nepal. Our firm’s practice is ranked Band-1 by Chambers and Tier-1 by Legal 500 in Nepal for a number of years now.
As a leading legal practitioner in Nepal, specializing in corporate, finance, cross-border transactions, and dispute resolution, could you highlight a particularly challenging case or project you’ve worked on recently and share the key strategies you employed?
Nepal is a challenging jurisdiction to work in due to vaguely drafted laws and bureaucratic unpredictability. Our approach is to strictly follow the law, while not being afraid to create new market practices. A rewarding experience for me early on in my career was to advise a consortium of foreign and local lenders as local counsel in the first international project finance transaction in over 20 years for Lower Solu Hydropower Project. Bridging the gap between best international practices and Nepali law was challenging. It created a market precedent that set a practice in other similar transactions. Another highlight of my career has been working as a tax and corporate law expert appointed by the Government of Nepal in the ICSID arbitration filed by Axiata. It was the largest legal dispute in Nepal’s history. It was also a learning experience to see leading international lawyers in action.
Our team has been working in various shareholder and construction disputes currently. They are naturally challenging and complex. In my view, a good lawyer should have the ability to simplify even the most complex issues. Being solution oriented and getting in-depth into the facts of the case are key strategies we employ.
Your expertise spans a wide range of areas such as arbitration, litigation, banking, finance, and M&A. How do you stay updated on the evolving legal landscape in Nepal, especially considering the complexities of cross-border transactions?
Being a transaction and disputes lawyer at the same time is very challenging from a time and knowledge management practice. However, I have found that these practice areas complement each other. I have found that the knowledge and experience gained in transactions can be used during litigation and vice versa. Being a small jurisdiction, many aspects of Nepalese commercial law jurisprudence are still unsettled. Therefore, taking inspiration from what is happening in other jurisdictions is important. Reading good international books and participating in international conferences and seminars has been very helpful in staying updated.
Given your involvement in advising world-renowned companies, including Texmaco, IFC, and Alibaba Group, can you share any unique challenges you’ve encountered while facilitating cross-border transactions between Indian companies and Nepal?
The challenge in Nepal is vaguely drafted laws, unpredictability of government agencies, and lack of established market practice for new and complex transactions. Oftentimes the Nepalese counterparts are also not assisted by an experienced commercial lawyer. Some international clients do not engage a Nepali lawyer at an early stage of the transactions but only do so later. When the client has not taken advice at an early stage, the transaction structure may have to be changed at the documentation stage which becomes a problem and causes delay. Enforceability of Indian seated arbitral awards in Nepal and vice versa has also come up recently as a new challenge due to a recent Supreme Court ruling in the Sangi Brothers case.
You’ve been recognized for your excellent knowledge of Nepali commercial and contractual law. How do you balance staying rooted in local legal nuances while also navigating the complexities of international law, especially in the context of your cross-border transactions?
As a lawyer advising in international matters, I find that you are required to have a good command in both Nepali law and law practices internationally. In-depth recognition of the similarities and differences in the laws of Nepal and of other jurisdictions is key to our legal practice. Like I mentioned earlier, I read good international books and exchange views with lawyers in other jurisdictions to balance these aspects.
Your recent work includes advising on equity investments in hydropower projects and various financings. What trends do you observe in the current landscape of foreign investments in Nepal, particularly in the energy sector?
Equity investments and financings in the hydropower sector for foreign clients have recently been challenging as Nepal has not signed power purchase agreements in US dollars and there is a lot of uncertainty about how to hedge currency risk. The Government of Nepal has come up with various hedging guidelines and regulations, however, foreign investors are yet to be convinced. Also, getting a bankable risk allocation in power purchase agreements and concession agreements has been difficult. Nevertheless, the governments of Nepal and India have entered into an agreement for Nepal to export 10,000 MWs of power to India over the next 10 years. This will open the door for Indian sponsors to sell power from Nepal to India and obtain financing from Indian banks.
Could you shed light on your role in defending lawsuits filed against Nissan Motors by distributors? How do you approach representing clients in the automotive sector, and what unique legal challenges arise in such cases?
We have been recently involved in a couple of cases of similar nature involving Nissan Motors, Royal Enfield, Preet Tractors and others. In my view, the key to avoiding disputes or having an upper hand when there is one is to have a well drafted distribution agreement and fully complying with the contract provisions and laws during termination. Nepalese courts can grant stay orders if contract terms are ambiguous and if the termination can be seen as unlawful due to non-compliance with contract provisions. This can be very risky and is best avoided.
Lastly, what advice would you give to law graduates aspiring to make a mark in corporate law, especially those interested in practicing in Nepal or dealing with cross-border transactions?
Law graduates should recognize that what they learn in law school is not enough for legal practice. They should extensively read judicial precedents in the practice areas of their interest and international books to stay updated. They should also recognize that the law in theory and the law applied in practice might differ. They should become more commercially aware and solution oriented.
Could you share a bit about your journey into law and how you decided to pursue it as a career, especially with your educational background at National Law Institute University and Symbiosis Law School?
My father played a significant role in guiding me to pursue law considering my personality. Then, I was always keen to pursue law since my school days and at that time law was not sought for profession as it is now. We did not have CLAT in the year 2003 and had to fill up individual forms for each college. I was fortunate enough to get through B.A.LL. B course in Symbiosis Law School, Pune. I was inclined for post graduate education and thereafter, I appeared for CLAT LLM and I got through National Law Institute University, Bhopal. It’s a wonderful experience to independently live in a hostel which makes you a confident individual to deal with every situation in your life without the support of family. I not only got to polish my legal and individual skills at the law schools but also got to make great friends during both the courses who are budding colleagues and make the legal practice feel like home.
You’ve had a diverse experience, from working in top legal firms to founding your own practice at Samaya Law. What inspired you to take the entrepreneurial route, and how has this journey been for you?
I am thankful to all the law firms, their partners, and senior advocates who I worked with through my journey. I got immense experience and guidance from them which helped me build my independent practice. Since beginning, I always wanted to have my independent practice as it gives a sense of accomplishment to me, however, working in a firm setup can be equally beneficial considering the fact that the initial few years of independent practice take a toll on you mentally and financially. I was lucky enough to have my own set of clients who trusted in me and helped keep afloat in initial years of practice which is significant to keep you going. The journey of independent practice is full of peaks and valleys as its both demanding and rewarding profession. You have a thrill of victory which is unmatched and gives you a sense of pride and satisfaction and doing public interest litigation can give added satisfaction by making a difference in the lives of people. The downfall being the stress and expectation not only towards yourself but also to Clients and Judges. However, this profession can teach you resilience, perseverance and the importance of hard work which makes you a valuable legal professional.
Your practice involves appearing before various courts and tribunals, including the and the National Company Law Tribunal and Supreme Court of India. Could you highlight a memorable or challenging case you’ve handled and the key takeaways from that experience?
After my stint with law firms, I started my independent practice and after a few years started our law firm Samaya Law along with my partner Sourabh Gupta, Advocate and we completed 10 years in June, 2023. We appear before all courts, tribunal across India. However, being based in Delhi gives an opportunity to physically appear before the Hon’ble Supreme Court and Appellate Tribunals. Although, now the Supreme Court also works on Hybrid mode which helps all the counsels across India to get remote access to appear and argue their cases. We recently argued a case under the maternity benefit act wherein the Petitioner was being denied maternity benefit as her contract with the government body had come to an end. In a landmark judgment, a three Judge bench of the Supreme Court in Dr. Kavita Yadav v The Secretary, Ministry of Health and Family Welfare Department & Others (17 August 2023) held that if a woman has worked in an establishment for 80 days, she would be eligible for full maternity benefits, even if such benefits exceed the term of contract. We also made a significant petition for post-graduate doctors during the COVID-19 period when they were being sent across states for their practical examination as per National Medical Commission and Diplomate of National Board guidelines. The Supreme Court intervened and directed the NMC and NBE to conduct examinations within the state so that the post graduate doctors do not have to cross state as per directives of the government of India. This brought relief to more than 1 lakhs doctors who were appearing for the examination. Each forum has its own way of working, before the Supreme Court you only get 2-3 minutes to explain your brief at the admission hearing so you need to prepare your list of dates and synopsis thoroughly and be precise with your arguments on factual and legal aspects to catch the eye of the Judge.
With a significant focus on drafting and vetting petitions across different legal domains, could you share some insights into your approach to crafting effective legal documents and the importance of precision in this aspect of your work?
My advice would be to keep your focus on the facts of the case because facts forming part of the pleadings can never change and highlighting relevant facts of the case can bring life into a dead brief. It is crucial to draft pleadings that are short, persuasive, point blank and not overstated. It’s best to work on all kinds of pleadings before the trial court and High Court in the initial years of your practice which can be beneficial when you handle matters before the Appellate Courts and Supreme Court. Most part of building up a case happens at the trial court and if the pleadings are not drafted, covering the facts accurately can bring significant damage to the case as it becomes difficult to introduce new facts or legal grounds in support of the brief at appellate stage of the proceedings. The pleadings should ensure that all the relevant facts are covered on the issues to be framed and lead evidence on the said issues to support your case. In a case done by us the Hon’ble Delhi High Court in a suit (CS(OS) No.553 /2016 order dated 21.05.2019) dealing with recovery of possession of an immovable property and a counterclaim for recovery of over Rs. 5 crore had due to lacuna in the drafting and not claiming the relief for recovery of possession made an observation “This is a classic textbook case of, how not to draft a plaint, which should be taught in law colleges and to young lawyers so that such bloopers in drafting of pleadings, damaging to one’s own client, are avoided.”. The pleadings have to be factually fortified and legally formulated to bring forth your best case.
Having engaged in extensive research across civil, criminal, and commercial laws, could you discuss a specific area of law that you find particularly intriguing or challenging, and why?
The latest insolvency and bankruptcy code, 2016 has brought a fresh dimension to the insolvency law including bringing new questions of law which need to be answered both by the Lawyers and Judges. The fact that the code has been modified five times in the last five years including several judgments which have been passed by the Hon’ble Supreme Court itself shows the way it is evolving and which makes it challenging. The IBC is a significant reform and its successful implementation can bring resolution to the stress situation in the country’s financial system. We constantly support the Insolvency Resolution Professionals and companies on advising them on the intricacies of the Code and its implementation.
Your involvement in arbitration, both domestic and international, is notable. Can you share a bit about your experiences with arbitration cases and any unique challenges or differences you’ve encountered in handling international arbitrations?
With the introduction of Arbitration and Conciliation Amendment Act, 2015 the arbitration proceedings must be completed within a time bound manner and which has brought drastic improvement in the overall process of arbitration. The constant queries of the clients as to the time limit within which dispute would be resolved has been answered by way of the said amendment and also by bringing in Schedule IV with the amendment of 2015 the fee being charged by an arbitrator has been regulated making the whole process efficient and cost effective for the client. Thus, we advise clients to keep arbitration clauses in the agreement so that the disputes, if any, can be resolved in an efficient and timely manner. However, it is particularly important where the parties (or their assets) are in different jurisdictions or where the disputes might give rise to complex and technical issues. We recently did an international commercial arbitration under the ICC rules where the seat of arbitration was Narobi, Kenya. The arbitrators in such arbitrations are chosen by the arbitration rules which provide for a method of appointment of arbitrators in case the agreement does not name the arbitration. The cost between a sole arbitrator and three arbitrations can vary considerably in international arbitration including the efficiency within which arbitration can be completed as there is lesser need for coordination between the arbitration. However, high value and complex arbitration would be better with the panel of 3 arbitrators as they can give more insight into the decision-making process. The timelines set in the international arbitrations are strictly adhered to and any deviations are subject to high cost awarded against the defaulting party including closing their rights if no reasonable reasons have been given by the parties. In choosing the seat of arbitration, the parties should consider the effect that this might have upon the conduct of the arbitration and the potential enforceability of the ultimate award and selecting a state which is party to the New York Convention as the seat of any arbitration, provides parties considerable scope for the enforcement of their awards.
Given your wealth of experience, what advice would you offer to law graduates who are just starting their careers in the legal field? What key lessons have you learned that you believe could benefit those embarking on their legal journey?
I would advise all the young graduates to learn the basic skills of drafting and research in their initial years along with arguing matters before the courts whenever they get an opportunity. The key would be to accumulate as much knowledge as possible from your seniors, arguing counsels and observing proceedings before the courts. In addition, always keep yourself abreast of the times by reading the latest judgments and updates of law in every field. Always be nice to your opposite side, you will have to face them every day in court and not the clients. Never lie to the court, better lose a client than your respect and trust before the court. Lastly, always take care of your health and follow stress management by having work life harmony.
