Super Lawyer

Tag: LLM

  • I believe that to best serve a client and the business industry you operate in you must be well versed in all the aspects of law that impact on that client and business industry- Andrita Maharaj, Head of Legal – Middle East & Africa at TMF Group

    I believe that to best serve a client and the business industry you operate in you must be well versed in all the aspects of law that impact on that client and business industry- Andrita Maharaj, Head of Legal – Middle East & Africa at TMF Group

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

    You’ve had a remarkable career journey, receiving accolades and recognition for your work in the legal field. Can you share with our audience how you initially became interested in pursuing a career in law and what motivated you to excel in this field? 

    As a young child I was bullied quite a lot and at the age of 9 my then primary school teacher asked me to participate in a debate competition. During my participation in the competition my passion for arguing a case sparked within me. Thereafter I found that despite what topic I had been given to argue for I was able to succinctly argue same even if the topic given to me seemed to have all the odds stacked against it. My passion and desire to convey the message I argued translated into confidence that I had built up. It is safe to say that I was no longer bullied, I found my voice and I was able to stand up for myself. From the tender age of 9 I knew that I wanted to be a lawyer, I wanted to be a voice to those that felt they did not have one. As the years progressed, I joined my high school debate team and later I joined a toast master’s program in which I progressed to the final round. I competed with esteemed learners from other schools within the Kwa-Zulu Natal province, in South Africa. I scooped the best speaker award on numerous occasions, and I was a finalist at the United Nations Model Debate in Durban. I have never considered myself to be naturally gifted or talented and I owe my success to the hard work and sacrifices that I have made in my life. Personally, if I want to achieve a goal, I work toward it by setting my sights on it and taking the necessary steps to obtaining my desired goal. Having witnessed my hard work being rewarded further motivated me to keep setting goals and working toward achieving them.

    Your experience spans various aspects of law, from compliance and litigation to intellectual property. Could you highlight a pivotal moment or project in your career that significantly shaped your professional development? 

    This would have to be successfully closing my first Mergers and Acquisitions transaction, in 2013, with a team of highly talented lawyers. I worked tirelessly for months on end (including weekends and public holidays) with little to no sleep at times to read, understand and draft various transaction documents. As an M&A lawyer there is nothing as gratifying as popping that bottle of expensive champagne once a deal closes. Very early in my career I was afforded the opportunity to manage an M&A transaction. This exposed me to different facets of the law and taught me invaluable lessons which in turn resulted in me being offered an associate position at one of the top legal firms in South Africa. I learnt from some of the best legal minds and, this undoubtedly shaped my career.

    As Head of Legal and Director of TMF Corporate Services, you’ve been involved in mergers and acquisitions, contract negotiations, and managing legal risks. What advice would you give to young lawyers looking to navigate the complex world of business law successfully? 

    Sacrifice. Go the extra mile. Ask tons of questions and read, plenty! Especially as a candidate attorney. I was usually the first person to arrive at the office around 5h00am to get a kick start to my day and the last to leave. I made it know to the senior partners that I was willing and eager to learn. I took the initiative of pre-reading and preparing for meetings with clients in advance. I made notes and asked many questions and that is where I learnt the most. I also made lots of mistakes however I learnt from them and this equipped me to blossom into a well-versed lawyer. Despite being a mergers and acquisitions lawyer, I ensured that I learnt more about other aspects of the law. I believe that to best serve a client and the business industry you operate in you must be well-versed in all the aspects of law that impact on that client and business industry.

    Given your extensive experience in legal compliance, what strategies or practices do you employ to ensure businesses align with statutory and regulatory principles while still achieving their goals?

    I attend courses, webinars and have subscribed to legal resources which I read to ensure that I keep abreast with the ever-challenging laws that affect businesses. I also make it my duty to find out if colleagues have attended courses that could be useful to me in carrying out and best supporting an organization and clients and of course the “old fashion way”, legal research.

    Intellectual property is a critical area in today’s business landscape. Can you provide insights into how you’ve effectively managed and protected intellectual property portfolios during your career?

    As an in-house legal advisor, you need to ensure that you thoroughly understand the industry in which you operate. When I join an organization, I make it my duty to ask questions and enquire about the where, when, what, how and why. This early foundation affords me great insight into what the company does/sells and where (jurisdiction). Once I have established this I speak to the various divisions at the company and create an excel spreadsheet that allows me to track all existing intellectual property rights, including the logos’ renewal dates, whether they are still required etc. Whilst this seems like a simple and mundane task – it works for me and has enabled me to best manage IP portfolios in various organizations.

    You’ve also been involved in legal research and writing. Could you share a memorable research project or legal writing experience that challenged your skills and knowledge?

    A memorable research project involved me scrutinizing several legal textbooks and online legal platforms to find a legal precedent for a client. Almost 13 years later, I clearly remember the task was to establish whether quiescence amounts to acquiescence. In the case of Collen v Rietfontein (1948) “it was expressed that quiescence is not necessarily acquiescence and one party cannot, without the assent of the other, impose upon such other a condition to that effect.” After hours of research, I was convinced that there was no answer to assist our client however I continued to peruse case law and legal tools such as Lexis Nexis and I honestly felt like I hit the jackpot when I found a legal precedent that our client could rely on. This research project proved to be memorable for me because four other juniors and I were tasked with finding a precedent and I was the one who found it. I certainly scored brownie points with the senior partner I was working with at the time and the sense of self accomplishment was rewarding.

    Balancing a variety of tasks within a challenging environment governed by deadlines and stringent regulations is undoubtedly demanding. How do you maintain your efficiency and professionalism under such pressure?

     I have a systematic way of working but if you speak to any lawyer, they will tell you that whatever you plan to get done on any given day usually does not go as planned. The life of a lawyer is unpredictable. I work of lists with the aim of completing certain tasks within my workday, often something urgent crops up and I must amend my list. Personally, and I believe that all lawyers should follow suit, I manage expectations. When I receive a task, I enquire about the urgently of the matter for me to plan my workload efficiently and effectively but like I previously started most days do not go as planned. I have found that it is of utmost importance to be transparent with your client and business stakeholders. Communication is key! Once you build and maintain strong relations with your clients and business stakeholders by ensuring that when you commit to getting something done you do so and deliver on or before the proposed turnaround date, it becomes easier to ask for some grace if something more urgent pops up.

    Finally, for our audience who may be fresh law graduates aspiring to achieve success in the legal field, what valuable advice or words of wisdom would you offer to help them kickstart their legal careers on the right path?

    Never give up. The legal fraternity is cut-throat and people can be ruthless. I speak from firsthand experience when I say this however if you want to succeed in the legal profession you need to drown out the noise, put your best foot forward at all times and do not get deterred especially when it seems as if you are drowning and believe me it is so easy to fall down the rabbit hole and easier to throw in the towel but if you want to be a lawyer and a successful one at that then I advise you to persevere. Never lose sight of the fact that we serve as advisors, professional experts and knowledge leaders to our clients and the organizations we work in and as, we must endeavor to deliver our responsibilities with the highest level of ethics and integrity.

    Get in touch with Andrita Maharaj-

  • This time, technology change will be more rapid and disruptive. AI is a powerful dragon, it’s important to learn to control it-Mahnaz Malik, Arbitrator & Barrister at Twenty Essex

    This time, technology change will be more rapid and disruptive. AI is a powerful dragon, it’s important to learn to control it-Mahnaz Malik, Arbitrator & Barrister at Twenty Essex

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

    Madam, could you please introduce yourself and provide some background information about your career in law?

    I am an arbitrator and barrister at Twenty Essex Chambers in London, specialising in commercial and investment arbitration. I am also a Fellow, Trustee, and Council Member at Hughes Hall College at the University of Cambridge. I started by studying law as an undergraduate at Cambridge in 1995, so my legal journey spans 28 years. I am qualified to practise law in three jurisdictions.

    How important are mentors in the junior lawyer’s journey?

    As junior lawyers, we learn from people and not just books. I have tried to learn from other lawyers, both senior and junior to me, in terms of what they got right and what they didn’t. When you are a junior lawyer, you have a different perspective and role in a large case. It is important to remember that vantage point when dealing with junior lawyers. This cannot be too difficult because we all start as junior lawyers. I was fortunate to learn from some of the best in my field.  I have benefitted from the kindness and patience of many colleagues over the years, but two in particular come to mind. Arthur Marriott KC and Cherie Blair KC not only taught me by their example, but they also gave me the great gift of believing in my abilities as a lawyer even before I did so myself.

    Did you face any challenges or obstacles while pursuing your legal education or during your early career in law? How did you overcome them?

    I needed to find my place in the legal profession. This is an ongoing journey as I move from counsel to more of an arbitrator role. I did not come from a family of lawyers. The profession was all the more novel because the women in my family were not career professionals. So, I did not know what being a (female) lawyer was about. I did not know where I would fit in, especially when I started in 2000; arbitration in London did not appear diverse. I also elected to practise at the English Bar, which has a legacy from 1420, so half a millennium, but women and those from racially diverse backgrounds are comparatively recent entrants.

    I think it’s important to understand the context in which a situation arises. As I was not born into the English legal profession I approached it with a convert’s zeal. So, I attempted to learn as much as possible about the Bar, its history, and its workings. I would say the same applies to my practice area – commercial and investment arbitration. Disputes do not arise in a vacuum; in addition to knowing the legal dimension, it is also important to understand their context. I also try to understand the project, its technical, cultural, geographical, and, of course, its commercial dynamics.

    Could you share some of the most memorable cases, experiences, and milestones you’ve worked on during your career and how they have shaped your perspective on the legal profession?

    I was fortunate to come by early successes in cases as counsel. In the public domain, Sky Petroleum v Albania is one such case in which a $1 billion claim was dismissed in its entirety with costs in my client’s favour. It was one of the first cases I did on my own. It was literally two of us – my instructing solicitor and me in the hearing room opposite this large team of City lawyers. It gave me great courage and belief. I am not phased now by working in small teams because I believe that sometimes a lean team can achieve great things. It also gave me great faith in the arbitration system. An intelligent and hardworking tribunal will be able to see the dispute for what it is and come to a fair decision.

    As I started working more on treaty disputes, I was keen to learn more about treaties, so I spent a few years drafting and negotiating investment treaties, which took me to many interesting places in the world and gave me a rare insight into how treaties are made. For example, I assisted with the negotiations of the COMESA Investment Agreement in the 2000s.

    Regarding milestones, my first appointment to an ICSID Annulment Committee was a great privilege and honour for me since I started my professional journey with ICSID arbitration 23 years ago.

    As you progressed in your legal career, did your initial reasons for entering the field evolve or change? If so, how?

    When I first started out in the law, I wanted to win cases for my clients. That still remains true when I wear my counsel’s hat. As an arbitrator, the role is different. When  I serve as an arbitrator, I try to understand the dispute from all its perspectives and focus on making the right decision. It is, therefore, incredibly important that arbitrators can understand the dispute, its commercial, technical, and cultural dynamics, as well as the law.

    How do you manage your work and well-being?

    As lawyers, we trade our time – which is a non-renewable resource, for money, which is a renewable one. In theory, you can make more money after losing it, but you can never get back more time. I have learned to appreciate the value of time as I get older, so I am trying to be careful about how I spend it. I am also becoming increasingly conscious of taking better care of my mind and body. I am a work in progress when it comes to seeking the balance between work and well-being. There are numerous routines and productivity tools out there. The basics remain the same – good sleep, decent nutrition, meditation, spending time with loved ones, keeping positive, and exercising. If there is one hack I could share, it is to “go for a walk”. If you run or jog, so much the better, but going for a walk helps clear the mind. Charles Darwin used a “thinking path” of about half a mile around his house to reflect on ideas. Finding space to move does wonders for the mind and body.

    I also train in boxing. It keeps my physical (and mental) reflexes sharp. It’s important to be quick on your feet as a barrister, and the physical sparring reminds me of that.

    How do you see AI’s impact on the legal profession?

    I believe the impact of AI will be massive in our profession as the technology grows more sophisticated. It is important for us to understand its implications and harness it, especially for junior lawyers who will need to adapt their skills to compete. I remember when mobile phones first came about over thirty years ago and where they are now. This time, technology change will be more rapid and disruptive. AI is a powerful dragon, it’s important to learn to control it.

    How important is networking and building professional relationships in the legal industry? Do you have any tips on how to network as a young lawyer effectively?

    This has two steps. You need to first know yourself before knowing others. It is important to find your identity, understand your unique selling points as a lawyer, be conscious of your strengths and weaknesses, and then find networks to leverage them. At least, that is what logic would dictate. I do not practise what I preach. I have never found a linear correlation between my professional networking and my work. I meet colleagues because I enjoy meeting people to learn about new ideas and their experiences. Recently, I have started interacting on LinkedIn, which offers a similar connection opportunity for me. I do much of my learning from people, so I see meeting people as an educational experience rather than networking. So, perhaps, I am not best placed to advise on this issue.

    Finally, if you could offer one piece of advice or wisdom to fresh law graduates as they start their legal journey, what would it be?

    It might sound trite, but it would be the phrase “This too shall pass.” It is often used to help people take heart in troubled times, but there is more to it. Its origins lie in a fable, which many attribute to 13th-century Persian poet Attar of Nishapur, in which a king asked wise men in his realm to find a sentence that would remain true in good and bad times. The king was presented with a ring with the Persian text, “This too shall pass,” on it. The bad thing about good times is that they shall pass, and the good thing about difficult times is that they shall pass too. The same story is also found in Jewish folklore. The essence of the message is universal – human existence is ephemeral, and time is fleeting. As I get older, I realize that good and bad times come and go, but life is extremely precious, and it is important to keep that perspective in mind.

    Get in touch with Mahnaz Malik-

  • With technological advancement, the access to justice and quality education is more probable now then ever- Dr. Charu Mathur, Independent Counsel, Supreme Court of India

    With technological advancement, the access to justice and quality education is more probable now then ever- Dr. Charu Mathur, Independent Counsel, Supreme Court of India

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

    Ma’am,  please introduce yourself to our listeners and provide an overview of your current role as an Advocate-on-Record at the Supreme Court of India?

    Hi! I’m a mom, wife, daughter, sister and also a lawyer and a lifelong learner. I’m deeply privileged to practice as an Advocate-on-Record before the Supreme Court. AORs as original envisioned have a deep role in efficient functioning of the apex court. An AOR is personally responsible to the court; there’s reason why close proximity to Supreme Court complex is provided in SC Rules. The idea is an AOR must be available to assist the court. Since the inception we have around 3000 lawyers who became AOR. The year I cleared my AOR Exams, some 20-25 people made the cut. Earlier only 3 or 4 people could clear AOR Examination. I’m particularly not happy that since past few years over 250 people are made AORs. It is good that so many people are able to clear the examinations but then it also speaks volume about the quality of assessment and nature of question paper set. It is actually disheartening to see that some of the speakers who conduct the lecture series on behalf of SCBA/SCAORA actually give out complete paper. This to me lowers the sanctity of examinations.

    Coming back to my own journey, I come from a family of lawyers and some of them were elevated as judges as well. I did my LLB from LA Shah Law College, Ahmedabad. Right from my student days I worked under my senior Sh SN Shelat, Sr Adv and former AG of Gujarat. In my entire professional life, I have just one enduring motive that whatever I do or not do should bring glory to my senior- Sh SN Shelat and my father Justice NN Mathur; I pray that even accidently I should not do something that blemishes their fair name.

    Post marriage I moved to Delhi. My husband is a fellow AOR and represent few States before the Hon’ble High Court. He has also penned a book on GST, one of the earliest. I’m particularly proud of that. His book explains conceptual GST soundly. He is a man of few words but probably the sharpest person I have come across.

    You have an impressive academic journey with degrees in law, business laws, and even a Ph.D. in Legal Aspects of Pharmaceutical Patents. How did you find your way into the field of law and what motivated you to pursue such a diverse range of qualifications?

    I think the answer to this lies in my gender and role attributed by the society. As long as I can remember, I always wanted to be a lawyer. Constitution of India is my only sacred book. My mother retired as a Professor from Jai Narain Vyas University, Jodhpur. So, I believe I have received some academically genes from her. As for my PhD and even AOR examinations I cleared while being a young mother. I absolutely believe in spending quality as well as quantity time with family. For me spending time with my son, reading to him was very important. I have read him many books multiple times. So, yes, at one point of time in my life reading to him and searching for books for him was my number one priority. I’m glad that our initial efforts turned him into a lifelong reader. He was judging MUNs at St Stephen’s and Hindu while he himself was a school kid. He did us proud by securing place to read Undergraduate law at Trinity College, University of Cambridge and topping the University in the 1st year. As for my own academic journey, I could devote time because I was master of my own time. I was privileged that as I was working with my husband I could decide on my own working hours and even choosing what I will work on what I will not. Saying all that, I do miss the fact that I could have advanced my litigation professional profile at better speed but it was the choice I made, so that it is.

    With over 20 years of experience as a practicing lawyer before the Hon’ble Supreme Court, you’ve handled a wide range of legal matters. Could you share some highlights or cases that have been particularly memorable or impactful in your career?

    Some of the memorable cases I can rattle is- my 1st appearance before the Supreme Court. It was a bail matter. My SLP was dismissed but not before the judge (Justice Rajender Babu) narrated the story of Bruce, the spider- try try again until you succeed.

    I remember arguing murder reference of Purshottam Dashrath Borate before the three judges bench headed by the Chief Justice. One case which I particularly remember was fighting for an old father against her daughter. I could secure win for the father. It was emotionally charged matter. We have been doing medical entrance examination matters fairly regularly. We have seen pre and post NEET era. We have got relief in many of these matters. However, seeing these matters closely, I really question our medical education. Just like AOR exams the bar is getting lower and lower. I do educational matters also. I’m counsel for some of universities as well. I’m happy that relying upon an earlier judgement (where I was part) in a subsequent Writ under Article 32 could change the way seats are allocated in PG AIIMS.

    You’ve also been involved in advisory work for various corporates and organizations. Could you elaborate on your role in providing legal counsel to corporate clients and startups?

    I’m fortunate to get the diverse work. I believe, startups need hand holding. Legal issues are complex and to navigate this maze they need some guidance. Sometimes only discussing the point help them see the point with greater clarity. I do help them on transaction side as well as in drafting and vetting agreements, and even in arraying partners for them.

    Your list of appearances before different high courts and your engagements as a speaker on various legal topics are extensive. Could you tell us about your motivations behind sharing your expertise through speaking engagements and publications?

    I have started taking out station matters. I derive great satisfaction by arguing before various High Court. Recently, we could persuade a High Court to quash demand notice worth Rs 12 Crores, in another High Court could persuade the court that the fault was not of the tax official but the assessee and could get notice issued against his discharged. Likewise in Delhi High Court could persuade the court for relief in arbitration matter.

    As for speaking engagement, I enjoy interacting with young law students and absorb their worldview.

    You’ve also been involved in e-learning content development and have written books on legal topics. Could you elaborate on your experience in creating educational content and how it helps in disseminating legal knowledge?

    Legal education is something close to my heart. With technological advancement, the access to justice and quality education is more probable now then ever. As a continuous lifelong learner, this is my way of giving back to society. 

    Lastly, what advice would you give to fresh law graduates who are just entering the legal profession? Are there any key lessons you’ve learned that you believe would be beneficial for them to know?

    Like each successive generation, this generation is far smarter than the previous one. It has more resources at its disposal. However, there is no substitute for in-depth understanding, reading and introspection. You must have sometime to reflect, assimilate knowledge. We are not machines who keep on downloading information, idea is to read and reflect. In my opinion, running around for internships is meaningless. First, have conceptual clarity, read case laws, read provisions. Now, with live streaming you can witness finest oral advocacy. 

    Get in touch with Dr. Charu Mathur-

  • The most important principle is to be open to all the work that comes one’s way, nothing is too small or too big, to work with sincerity and dedication and not to engage in wasteful comparative analysis-Rajat Moudgil, Dual Qualified Lawyer – Associate Partner P&A Law Offices

    The most important principle is to be open to all the work that comes one’s way, nothing is too small or too big, to work with sincerity and dedication and not to engage in wasteful comparative analysis-Rajat Moudgil, Dual Qualified Lawyer – Associate Partner P&A Law Offices

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

    Sir, please share with us how you initially became interested in the field of law and what led you to pursue it as a career?

    I became interested in the field of law because of my father. He is a litigation lawyer on the civil side. In his prime, he was one of the leading lawyers in the city (Jalandhar, Punjab). When I was young, I was always in awe of his legal practice. I grew up in an environment where his office and our residence would be bustling with clients, lawyers, clerks and stenographers. I liked the busy life of a litigation lawyer where clients from all backgrounds with diverse problems came to explore solutions to their problems. 

    I realized that the core of the legal profession is problem solving and I started getting interested in the field of law, with the higher objective of contributing to the justice delivery system. Now after being a part of this system for more than 10 years, I can easily say that law is an empowering profession that has the ability to bring actual change in people’s lives. 

    Could you tell us about your educational background and the significance of your LL.M. in Competition Law and Market Regulation from the National Law University, Delhi?

    I did B.A.LL.B (Hons.) from Panjab University, Chandigarh. Thereafter I proceeded to join my father in his litigation practice and learnt how to apply and practice law from the ground level. This phase in my life was the building block of my journey as a lawyer. I represented clients in all kinds of civil disputes that included possession disputes, matrimonial disputes, eviction matters, injunction suits, testamentary and succession disputes etc. For a period of three years I was also empanelled by the District Legal Services Authority which allowed me to represent the unrepresented in criminal trials. I was fortunate to get an opportunity to appear in criminal matters ranging from petty theft offences to murder trials. 

    However, after practising for 5 years, I wanted to move from private party litigation before District Courts to litigation that would be significant at the national level. In 2015, National Law University, Delhi came up with a new LL.M. specialization in Competition Law and Market Regulation, in addition to its usual LL.M. in Public Law. I thought specialization in a new and upcoming stream of law, even though the Competition Act was enforced in 2009, would allow me to garner new skills and help me in my endeavour to contribute to the legal system at the national level.  

    My LL.M in Competition Law and Market Regulation was interesting and fulfilling academically. Throughout my studies I realised the prime importance of my tenure as a litigating lawyer, for it was that experience which enabled me to understand competition law in application and not just theoretically. I also realized the difference in the attitude of institutions and students between State Universities like Panjab University and NLUs (at least the one I attended). In Panjab University the institution and students were primarily focussed on making a career in the judiciary or other government services. I must add that I too appeared for judicial exams in Delhi but could never go beyond the mains stage. Moreover, in Panjab University the focus was only on traditional subjects and new laws like Competition law, Insolvency and Bankruptcy etc were hardly included in the curriculum. At NLU Delhi, I witnessed students exploring different subjects and careers after graduation or LL.M. The teaching methodology and student assignments were also different at NLU Delhi in comparison to Panjab University. Another difference between traditional universities and law universities is the opportunity to interact with students from different faculties and departments. Traditional universities like PU allow students pursuing different subjects like law, arts, science etc to interact and associate. Moreover student unions are stronger and student body elections are significantly more important here.  

    Significance of the time spent in both the universities has been immense not just in the profession but in life. I made some lovely friends and even met my wife while studying at NLU, Delhi. 

    As someone who is qualified by both the Bar Council of India and the Law Society of Ontario, Canada, could you discuss the similarities and differences between practicing law in India and Canada?

    I have qualified for the bar in Ontario, Canada but have not practiced there. However, I can comment based on the qualifying examination I cleared and the requirements I need to fulfil to continue my license. I think the profession in Canada is regulated in a much better way than in India. To start with, the qualifying exams (barrister and solicitor) which everyone is required to clear to qualify as a lawyer is more challenging than the All India Bar Examination conducted in India. The exams are framed in a manner that tests the candidates on ethical and professional responsibilities, as well as legal knowledge. 

    Even after qualifying as a lawyer, all lawyers are required to complete several requirements like submitting annual reports, continuous legal training (Continuous Professional Development) etc, failing which lawyers are suspended from practice. These details are also published on the website for the general public to know. Overall the system aims to protect clients from unethical practices and rules and regulations are implemented better in comparison to India. 

    What are some of the challenges you faced while representing clients in antitrust-related matters before the Competition Commission of India and the courts? How did you overcome those challenges?

    Proceedings against these clients are pending either before the Competition Commission of India (CCI) or in appeal stage, so I’ll not be able to state much. However, I can say that antitrust proceedings in India are often based on perceptions and projections. Most of the times the prima facie view formed by the CCI before directing investigation is followed by the office of the Director General (DG) and again upheld by the CCI at the time of passing final orders. CCI often follows the market defined by foreign regulators in similar industries and is often not willing to adapt the market definition to Indian realities. I must add that lawyers also depend and rely on international jurisprudence to support or defend their cases. Despite the wide powers granted to the CCI to impose high penalties and dictate business decisions, the responsibility to establish contravention through evidence is quite low. The lack of transparency in CCI proceedings can also be a cause of annoyance at times. 

    Since the facts and proceedings are often complex, the Appellate Authorities also refrain from interfering in the primary questions of ‘definition of relevant markets’ and ‘market power enjoyed by parties.’ Although appeals have been allowed against CCI Orders but most of them have been allowed on procedural grounds.  Appeals on many important issues are pending before the Supreme Court. Though we are part of the system and are equally responsible for the delays in final adjudication of appeals, we try our best to be ready to meaningfully assist the Courts in deciding these important issues.  

    Apart from your work with P&A Law Offices, you have also served as a Senior Associate at the Competition Commission of India. Can you share your experience there and the role you played in analyzing merger notifications and investigating alleged anticompetitive practices?

    My tenure at CCI has played a vital role in my career. After finishing LL.M. I wanted to work at the CCI to understand its functioning. Unlike Courts, CCI has a very good setup where the Members are assisted by experts from legal, economics, accountancy and other fields. In fact, the decisions passed by the CCI are guided by the analysis and assessment done by these experts. Further, there are different divisions for merger control, antitrust enforcement, legal proceedings that include initiating and defending by CCI, economics, investigation etc. I was fortunate to have worked in different divisions. During my tenure I worked in the investigation divisions where we assessed and analysed cartels, anti-competitive vertical agreements and abuse of dominance related complaints. In fact the resale price maintenance case against Maruti originated from an anonymous complaint analysed by the investigation division. 

    The combination division dealing with merger control required me to collaborate more with counsels appearing on behalf of merging parties. CCI has a pro-business approach in merger control, however the division ensures that all combinations are notified as per the regulation and then vigorously pursues combinations where it is able to identify a harm arising out of the combination.  

    In addition to these divisions, I was attached to the office of one of the Members of CCI, where I was required to brief on matters from all divisions. 

    Lastly,  what advice would you like to give to fresh law graduates who are just starting their careers? What key lessons or principles should they keep in mind as they embark on their professional journey?

    The most important principle is to be open to all the work that comes one’s way, nothing is too small or too big, to work with sincerity and dedication and not to engage in wasteful comparative analysis. Young professionals should be willing to explore and learn different practices. I think law firms are exerting unwarranted pressure on young professionals to persist with only one field and the industry is needlessly focussing on specialisation. In fact even in a particular field, firms are demanding lawyers to be super specialized. For instance in Competition Law, lawyers are being categorized as enforcement specialists or merger control specialists. Specialisation or super specialisation is fine and may even be essential in the long run, especially in law firms, but fresh law graduates should be encouraged to develop skills and gain knowledge of different fields of law. 

    The core principles in law are the same across all fields and most of law is based on common sense. This is the reason why most senior counsels are able to represent clients across all fields of law. However, the industry and recruiters are not always willing to embrace young professionals who don’t specialize in one subject at the beginning of their careers. I can easily say from my own experience that all my different experiences, be it original side litigation, legal officer at an insurance company, association with CCI, competition law counsel at a law firm, have played an important role in understanding the legal system better and in practical application of different laws.  

    Get in touch with Rajat Moudgil-

  • Success in IP law comes more from understanding your clients’ businesses and being dedicated to protecting their interests- Vivek Vashi, Head of Intellectual Property and Contracts at GormalOne LLP

    Success in IP law comes more from understanding your clients’ businesses and being dedicated to protecting their interests- Vivek Vashi, Head of Intellectual Property and Contracts at GormalOne LLP

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

    Could you please share a brief overview of your journey in the legal field and how you ultimately ended up as the Head of Legal, IPR, and Contracts at GormalOne LLP?

    My journey in the legal field has been both exciting and fulfilling. I always had an interest in law from a young age as both my grandfather and father practiced law. They motivated me to pursue a degree in law, where I gained a comprehensive understanding of legal principles, regulations, and case laws. Along with my studies I also enhanced my knowledge on Cyber Laws and Information technology through a diploma and certificate. Thanks to the encouragement from my learned faculty at college, mentors, and fellow seniors I efficiently represented India at the International Model United Nations in London and participated in intra-collegiate moot court competitions. Through these experiences, I honed my critical thinking, research, analytical, and advocacy skills, which are essential for success in the legal profession. 

    While obtaining my law degree I delved into an internship with a prominent IP law firm, Aditya & Associates, for over 2 years, where I had the opportunity to work closely with experienced attorneys. This allowed me to apply my theoretical knowledge to real-world scenarios, familiarizing me with legal research, drafting documents and interacting with clients.

    After graduating, I pursued my Master’s degree in Intellectual Property from Cardozo, a top ranked New York Law school. Cardozo offered me global exposure and enabled me to navigate the intricate world of Intellectual Property rights, a legal landscape surrounding innovation and creativity. While pursuing my Master’s degree, I worked at CBS Corporation in New York where I had the opportunity to be immersed in the American work environment which further helped diversify my experience in protecting and enforcing Intellectual Property rights. 

    As I gained more experience, I took on increasingly complex cases and responsibilities, representing clients in negotiations, hearings and court proceedings while working as a junior advocate at M.P.Vashi & Associates. Additionally, collaborating with my colleagues and engaging in continuous professional development further enriched my legal acumen. 

    Presently, I am Head of Legal for Intellectual Property and Contracts at GormalOne LLP where I play a pivotal role in safeguarding the organization’s intellectual property, managing contractual relationships and developing legal strategies to support business growth and innovation.

    Over the years, I have had the privilege of contributing to significant legal victories, advising clients on intricate matters, and navigating the evolving landscape of laws and regulations. I have remained dedicated to upholding ethical standards and promoting justice while adapting to the dynamic nature of the legal field. 

    Looking ahead, my journey in the legal field continues to be a rewarding and intellectually stimulating endeavour. 

    You’ve undoubtedly achieved remarkable success in the field of IP law. What do you believe sets you apart from other IP lawyers in the field?

    I believe my dedication to understanding my clients’ businesses truly sets me apart. By immersing myself in their industries and objectives, I can tailor legal strategies that align with their unique needs giving them a competitive advantage. I am able to do so due to my diverse experiences that have given me a 360-degree view in gaining client rights and protecting client interests in intellectual property. Additionally, my commitment to staying up-to-date with the latest developments in-field has contributed to my success in securing favourable outcomes for my clients. 

    Intellectual property cases can be quite intricate. Could you share one of your most challenging intellectual property cases and walk us through how you navigated it?

    Certainly! One of the most challenging cases I worked on involved a complex Copyright infringement dispute between two industry giants. The technology in question was cutting-edge, and both parties were determined to win. To navigate this case, I worked cohesively with a multidisciplinary team of experts, including engineers and technical specialists, to thoroughly analyze the intricacies of the Copyrights in question. We strategically approached the case, focusing on key arguments and leveraging prior court decisions to bolster our position. Ultimately, through rigorous preparation and effective negotiation, we reached a favourable settlement for our client, avoiding lengthy litigation.

    The world of IP laws is ever-evolving. How do you manage to stay current with the rapid changes in IP laws and regulations?

    Staying updated with the dynamic world of IP is essential to providing excellent legal guidance. My love for literature around the globe with respect to inventions and legal measures, helps me to not only stay relevant but also ahead of the industry. I regularly attend industry conferences, participate in legal seminars, and engage in continuing legal education programs focused on intellectual property. Additionally, I am an active member of various IP law associations, where I network with peers and gain insights into emerging trends and best practices.

    In the digital age, intellectual property protection has encountered new challenges. In your opinion, what is the most significant challenge facing IP protection in this era of digitalization?

    The rapid digitization of information and ease of data sharing have created new challenges for IP protection. One of the most significant issues is the rise of online piracy and counterfeiting, which can severely impact the revenues and reputation of businesses and creators. Additionally, the global nature of the internet makes it challenging to enforce IP rights across borders. Addressing these challenges are the need of the hour and I urge international cooperation and practical solutions to safeguard intellectual property rights in the digital realm.

    Your journey from being a legal intern to an accomplished International Lawyer is inspiring. What advice would you give to aspiring IP lawyers who want to excel in this field?

    First and foremost, develop a strong foundation in intellectual property law through formal education and hands-on experience. Be curious and continuously seek to deepen your understanding of the ever-changing landscape of IP laws and regulations. Cultivate excellent communication skills, as effective advocacy for clients is crucial in this field. Additionally, never underestimate the value of networking and building relationships with peers, mentors, and industry professionals. Finally, remember that success in IP law comes more from understanding your clients’ businesses and being dedicated to protecting their interests.

    Achieving accolades like the “Top 25 Emerging IP Partner” at IP LEGAL DIGITAL CONFEX AT DUBAI – 2023 is remarkable. Could you tell us more about your thoughts and feelings when receiving such recognition?

    Winning the prestigious Top 25 Emerging IP Partner Award was an incredibly humbling and exhilarating experience especially considering the impressive pool of nominees. The selection of the best 25 partners was based on a comprehensive evaluation that encompassed key criteria such as partners’ notable accomplishments, overall reach within the industry, their significant impact on the intellectual property landscape, their forward-looking readiness for future challenges and their alignment with market demands. This recognition highlights winners’ exceptional contributions to intellectual property and their potential to shape its future.

    To be recognized among my esteemed colleagues and peers in the legal profession was truly an honour beyond words.

    Lastly, your journey has surely been an enriching one. Looking back, what motivated you to pursue law, and specifically intellectual property law? 

    As a child, I was fascinated with progressive innovation and creativity and as a teen, I was fond of big brands. As a young adult, I understood the impact brands and their marketing can have on shaping societal views and customer behaviour. This highlighted to me the significance of providing protections to intellectual property which led me to pursue a career in law, where I could help individuals and companies safeguard their innovations and contribute to the growth of technological advancements. 

    Get in touch with Vivek Vashi-

  • Young women arbitration practitioners need to know that there are others like them, and that everyone is in the same boat, dealing with similar challenges- Manini Brar, Independent Practitioner at Arbridge Chambers

    Young women arbitration practitioners need to know that there are others like them, and that everyone is in the same boat, dealing with similar challenges- Manini Brar, Independent Practitioner at Arbridge Chambers

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

    Ma’am, please tell us about your journey and how you ended up pursuing a career in law, particularly in the field of international law and arbitration?

    In school, I was head of the debating society and also part of the dramatics club. Obviously, I was fond of being the front and centre of anything to do with expressing and discussing ideas. I wanted to take that forward in my life. For a very long time, I was torn between journalism and law. But then I got to law school, and I just knew from the get go that this is where I wanted to be. Never looked back. 

    I don’t think it makes sense to jump right into international law or arbitration at the start of one’s career. You have to ground yourself in the practice of law in your home jurisdiction first, get your hands dirty, figure out what area of law you want to practice in, and how you want to practice. Are you into commercial disputes, or criminal law, or corporate transactions, or intellectual property? Do you want to work for a small firm, big firm, senior counsel? This is what I did. I worked with a law firm, then with a practicing advocate in the Delhi High Court. It took me a few years to identify with certainty that I was interested in commercial disputes, and I wanted to be where the hearing was, inside or outside of court. That’s when I went to Cambridge and studied public international law with a focus on international dispute settlement. After that, I worked at the Hong Kong office of the International Chamber of Commerce- Court of Arbitration, and later as a Tribunal Secretary in international commercial arbitrations / SIAC. I spent more than a decade slowly evolving into my chosen area of practice, which was international law and arbitration. In 2021, I felt I had the wherewithal to strike out on my own and set up my own practice. So I did. 

    You have an impressive academic background, including an LL.M. from the University of Cambridge. How did your time at Cambridge shape your career and interests in public international law?

    More than anything, Cambridge taught me that intelligence is inter-personal. If you are truly intelligent, you will have the humility to accept that what you know is not everything, and knowledge comes from everywhere. From your classmates on a Sunday-morning-punting escapade on the Queens’ river, from discussions over coffee, from sport, from music. You must have the versatility to absorb knowledge from any source, and engage in discussions with anyone. That learning gave me immense perspective, and allowed me to look at the practice of law from an objective distance. I began to enjoy the discussion and study of public international law and dispute settlement without the trappings of competition and survival which are so ingrained in traditional systems of education. It helped me become a well-balanced professional, engaged in practice but also entertained by it, and gave me the tenacity to walk away from a bad day in court but keep coming back. More and more, I think the trick to succeeding as a professional is just being patient and consistent, which you can’t be if you don’t enjoy what you’re doing. 

    You have experience as both an advocate in India and a solicitor in England & Wales. How has this dual qualification benefited your practice, and what unique perspectives do you bring to the table?

    Commercial disputes are becoming more and more trans-national, cross-border as the world is becoming more and more economically integrated. Being qualified to practice in more than one jurisdiction brings with it a comparative understanding of fundamental legal principles, for example, of contract, property law, constitutional law, etc. That enables a lawyer to provide more holistic advice in a dispute involving cross-border transactions. I think for a young lawyer looking to get into international commercial arbitration, a dual qualification is increasingly indispensable. 

    As the Founder & Head of Arbridge Chambers, could you share some of the highlights and challenges of establishing and managing your independent chamber practice?

    I think the challenges are two fold, first, to find the conviction in what you know and what you can do despite what other people may think or say, and, second, to back up that conviction with all your resources. Your time, savings, energy. You have to put the cart before the horse and invest in research tools, human resources, networking etc. even before you can see the next big matter coming. If you are going to be scampering for these when the matter actually comes, it is already too late. 

    You have been involved in several international arbitrations as both an arbitrator and counsel. What drew you to specialize in this area, and what do you find most fulfilling about your work in arbitration?

    In essence arbitration is just another method of resolving disputes. If one is interested in litigation and dispute resolution in general, then interest in arbitration follows as a natural corollary. What I enjoy the most is that arbitration has a clear structure, with enough time and flexibility to really get into details of the claims, evidence, matters of procedure. The outcome can genuinely be influenced by the manner in which claims are drafted, presented and argued. I find that very satisfying as a professional. 

    You have been involved in investor-state disputes on behalf of the Government of India. Can you share some insights into the complexities and nuances of handling such cases on a national level?

    This is really the most enriching and glamorous part of my practice. Every piece of advice or representation for the GOI comes with the immense satisfaction of knowing that you are doing something which has an impact on a larger scale. But it also comes with immense responsibility. You have to be aware of the practicalities in the conduct of business and the sensitivities involved in government work when you present positions in an international context, and you have to be damn sure of what you are doing. I think being thorough and measured is very important when acting on behalf of a government entity in general. 

    One of your areas of expertise is infrastructure disputes. What unique legal considerations and challenges are involved in resolving disputes related to infrastructure projects?

    It would be safe to say that infrastructure disputes are often bread and butter for an arbitration practice. They are big, complex disputes running into pages and pages of documents, and the trick is always to simplify. I usually start with a pen and paper and spend time chalking out the life of the project. Once that is done, the rest of the effort is to fit pieces of information in the overall story / flow of the transaction. 

    Over the years, you’ve been actively involved in various international arbitration organizations and committees. Can you tell us about the significance of such engagements and how they contribute to the development of the field?

    Like I said, knowledge is inter-personal. It is important to engage with like-minded practitioners in the field, to learn from their experiences and strengthen networks. I don’t believe in being involved in everything all at once. It has always worked for me to find an organisation or committee that genuinely reflects my interests and my professional profile, and then figure out ways of being more involved in it. 

    As a member of the Global Steering Committee for Young Arbitral Women Practitioners and an Advisory Board Member of Indian Women in International Arbitration, what efforts do you think are crucial to promoting gender parity and diversity in the field of international arbitration?

    The most important thing to do right now is to develop the network. Particularly in India, the community of arbitration practitioners itself is very nascent and upcoming, and the women practitioners are an even smaller grouping. Young women arbitration practitioners need to know that there are others like them, and that everyone is in the same boat, dealing with similar challenges. That in itself is likely to be a big source of strength and support for everybody involved. If we can also enhance visibility and work opportunities for members as we go along, that is a bonus.  YAWP Steering Committee and the IWIA Advisory Board both have an amazing team of very dedicated and trail-blazing practitioners heavily committed to creating better networks and opportunities for women in arbitration. We are bound to succeed. 

    You’ve been a guest faculty at National Law University, Delhi, and have conducted courses on investment treaty arbitration. How important is it to impart specialized knowledge to young law students in this field?

    I see teaching as a two-way street, having always walked away from a lecture with a question I never thought of, or a perspective I didn’t see. Plus, you have to stay abreast of new ideas. You can’t do that if you are only interacting with people at your level professionally. You see, I learn so much from students, it is hard to say I am the one imparting knowledge to them! 

    Lastly, what advice would you give to fresh graduates or young professionals aspiring to succeed in the legal industry, particularly in the field of international law and arbitration?

    My advice to those looking to pursue arbitration is to start somewhere, anywhere, in a practice focussed on disputes, whether or not it is focussed on arbitration. You need to acquire the skills to be a disputes practitioner. You will get to arbitration eventually, even if you are not there today. Just keep at it. And while you are at it, value your colleagues, even people junior to you. These are the people who will be with you for the ride, and who are likely to help you when you really need it.

  • Rather than existing in isolation, the law and its concepts should serve as tools to support individuals and enterprises-Neeha Nagpal, Founder, NM Law chambers

    Rather than existing in isolation, the law and its concepts should serve as tools to support individuals and enterprises-Neeha Nagpal, Founder, NM Law chambers

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

    Please share with us the journey of how you ended up becoming a lawyer? What  inspired you to pursue a career in law, and what were the significant milestones along the  way? 

    I believe that my current profession, which is being a lawyer, has chosen me in a way. I  did not actively grow up with a strong aspiration to become a lawyer. My father used to  emphasize the importance of understanding the laws of the land, which planted a seed  of interest in me. This ultimately led me to pursue a double major in Law and Business  Studies at the University of Warwick. However, the idea of being a lawyer and going to  court every day was not something I had planned for myself. 

    Despite this, I feel incredibly fortunate to have received mentorship from a young age,  from Mr. Arun Jaitley. Fondly referred to as ‘Arun Uncle’, he was a close friend of my  father and had a profound impact on my life and maybe somewhere hearing him regale  his court antics had a subconscious impact on the choice I ultimately made. Though, I  must say that I learnt it is from Mr Jaitley, I learnt the value of conducting oneself with sincerity while interacting with Clients. He always said, “There is no replacement for  sincere hard work in the profession!” 

    You have an impressive work history, with experience in various areas of law, including  Supreme Court litigation, arbitrations, and commercial transactions. How did you decide to  focus on these particular areas, such as insolvency, competition law, and white-collar  crimes?  

    My journey in the legal profession started out by getting involved with the team that  was working on the BMW Sanjeev Nanda Hit and Run appeal in Delhi High Court. Following that, I commenced working with Agarwal Law Associates [‘ALA’] in 2009,  where I dedicated a decade of my career until 2019. 

    During my tenure at ALA, I found myself amidst the unfolding 2G scam, a major  controversy at the time. I actively represented the Essar Group and its promoters in this  matter. Coincidentally, around the same period, the coal scam was also coming to light,  and I got the opportunity to contribute to that case as well. This involvement marked  the beginning of my increasing engagement in matters related to white-collar crime. 

    Since I set up NM Law Chambers with my Partner- Malak M Bhatt, in 2019, there has  been vast amounts of work related to white collar crime and insolvency coming our way. Hence,  NM Law Chambers is essentially focused on these areas of legal practice. 

    As I delved deeper into my legal pursuits, I realized an interesting overlap between  insolvency and white-collar crime, which subsequently directed my focus toward  insolvency matters.  

    Presently, I consider myself fortunate to collaborate with the Insolvency Law Academy,  where I’m actively engaged in working on a research paper pertaining to personal  insolvency law in India.

    Throughout your career, you’ve represented a diverse range of clients, including  prominent companies and individuals. Could you tell us about a particularly challenging or  memorable case that you worked on and how it impacted your approach to law? 

    Each legal case comes with its own unique set of challenges and trials.  At that time, the 2G scam stood as one of India’s most significant white collar /  commercial crime cases. It reshaped the landscape of bail jurisprudence and required a  reevaluation of legal norms. 

    Likewise, I was involved in an International Arbitration case centered around the  complex concept of advance loss of profit. This particular case demanded a high level  of dedication and had a steep learning curve due to its intricate nature. 

    However, one case that will forever hold a special place in my heart is the effort towards  decriminalizing homosexuality. I initiated this petition on behalf of my dearest friend,  motivated by the power of love. The impact of the resulting judgment on people’s lives  was truly profound. 

    Your work played a crucial role in the challenge to homosexuality laws in India, leading  to the decriminalization of homosexuality. Can you share the experience of working on such  a groundbreaking case, and what was the most rewarding aspect of being a part of it? 

    The petition was a laborious endeavor fueled by deep affection. I drafted and filed it on  behalf of my childhood friend. However, during the process of having him sign the  affidavit, a sense of concern clouded my thoughts.  

    This worry stemmed from the fact that, at the time of filing the petition, Section 377 of  the Indian Penal Code criminalized even consensual relationships between homosexual  individuals. Essentially, I was seeking his endorsement on an affidavit that essentially  labeled him as a criminal. This apprehension unsettled me. 

    Despite my concerns, we proceeded with the filing, and as they say, the rest is history! The most gratifying element of our triumph was the outpouring of tears of happiness  that filled the courtroom that day. I bore witness to countless individuals, many of whom  I had never met before, stepping forward to convey their elation and gratitude. This  experience was truly humbling and served as a poignant reminder that actions  undertaken for the sake of love, guided by love, hold the potential for tremendous  impact. 

    You have received recognition and awards for your contributions to the legal field, such  as the Forbes ‘Tycoons of Tomorrow’ Award and being featured in the ‘Forbes Powerlist 2021′  and BW Legalworld’s ’40 under 40’ Elite Lawyers. How do you stay motivated and focused on  achieving excellence in your work? 

    The transition from motivation to discipline is a straightforward one. When motivation  wanes, discipline becomes the driving force. Personally, I find a sense of satisfaction in  adhering to discipline and staying devoted to my commitments. 

    Recognizing the profound impact our work as lawyers can have on individuals’ lives and  freedom, I understand the paramount importance of responsibility in our profession. 

    Hence, it’s the combination of my innate dedication and the weight of responsibility that  serves as the anchor keeping me rooted and concentrated on my path. 

    Over the years, you have worked with various high-profile clients and handled complex  legal matters. What are some of the essential skills and qualities that you believe have been  critical to your success as a lawyer? 

    In my genuine perspective, individuals seldom seek the services of lawyers or doctors  willingly and by preference. Their circumstances, often far from favourable, compel  them to approach professionals in these fields. Therefore, our role as lawyers (or  doctors) is to respond with empathy and compassion, striving to alleviate some of the  burdens that accompany their difficult journey. 

    My approach centers on treating clients with understanding and warmth, aiming to offer  them a measure of comfort along their challenging path. This approach serves as the  core of my practice, and from there, positive outcomes tend to naturally unfold. 

    You have experience advising clients in media/TV show productions and commercial  transactions. How does your legal background come into play when dealing with such  business-related matters, and what challenges do you often face in these areas? 

    Recognizing the significance of an interconnected legal framework is crucial. Rather  than existing in isolation, the law and its concepts should serve as tools to support  individuals and enterprises. The initial step involves comprehending and appraising the  practical realities of commerce, and subsequently aligning legal elements with those  realities. Through experience accrued over time, professionals acquire the acumen to  discern which strategies are viable within comparable factual contexts. 

    The real challenge emerges in persuading clients to remain open-minded and flexible.  Encouraging them to eschew rigid expectations and steadfastly held positions can be  demanding, particularly when they are fixated on specific outcomes or contractual  terms. 

    As a founding partner at NM Law Chambers, you are responsible for managing and  leading a team. What advice do you have for young lawyers aspiring to become partners and  leaders in their respective law firms or legal practices? 

    Your effectiveness is inherently tied to the quality of your team. They constitute the  bedrock of your efforts. Thus, it becomes crucial to provide feedback and actively invest  in their growth and development. 

    In addition, it’s imperative to define your personal work ethic and values, and then  steadfastly adhere to them.  

    Personally, I prioritize responsibility and responsiveness towards my clients. Likewise,  at NM LAW CHAMBERS, our emphasis lies in delivering optimal performance, focusing on 

    efficiency and effectiveness. Rather than fixating on monetary gains, we view them as  a natural outcome of the dedicated work we undertake. 

    Throughout your career, you’ve witnessed the legal landscape evolve and change. How  do you keep up with the latest developments in law and ensure that your legal knowledge  remains up-to-date? 

    Read. Read. Read. Read.  

    There is no shortcut to that.  

    As someone with vast experience in the legal profession, what advice would you like  to give to fresh law graduates who are just starting their careers in the field of law? What  key principles or lessons have you learned that you believe could benefit them as they  embark on their own journeys in the legal world? 

    1. Knowledge is power 

    2. Don’t just work hard but work smart! 

    3. Time management is a valuable life skill and the faster one learns how to manage  their time, the happier one will be. 

    4. Happiness is a choice, we will make everyday  

    5. Define your own success. You cannot define your success by someone else’s  parameters or lens! 

    6. Take time out for yourself- most important. Do something small everyday that is just  for you. Be it a workout or play a sport or read for leisure. Me time is essential. 

    7. Family and friends are your life support system. Give them the priority they deserve. 

    8. Lastly, trust the process. Life always has a larger plan for all of us.

  • Ayan De of Volterra fietta on treaty arbitrations, rigours of commercial Litigation and a non-NLU background putting you behind the race but not out of it

    Ayan De of Volterra fietta on treaty arbitrations, rigours of commercial Litigation and a non-NLU background putting you behind the race but not out of it

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

    Please share with us your journey into the field of law and how you ended up specializing in Commercial Litigation and Dispute Resolution?

    It’s quite interesting that I never wanted to study law in the first place! Not having studied science during my 11-12th standards (mostly because I was despicable at it!) made options very limited even more so for someone like me who belongs from a family of doctors. I was always interested in fine arts and thus intended to study history and literature. I got through the iconic Presidency College for History (Hons) , however it was my father’s insistence, despite being a doctor himself, that I should “strongly” consider law as an option. My reluctance, of course, cost me from getting through the NLU’s  (National Law Universities) and I ended up studying from a Non-NLU (or as we call it a traditional university, which also happened to be one of the oldest in the State). Much to my surprise law school was an excellent learning curve, mostly owing to some brilliant lecturers who spurred me on (it would be an absolute travesty not to mention three of them: Dr S K Chakrabarti, Mr Navin Sinha and Mr B Sarkar, with whom I must have lost in touch much to my own failures). 

    Being from Non-NLU comes with its set disadvantages, one of them was, being cloistered from national or global corporate exposure. I had one singular aim in mind, I wanted to go to court, be there, plead, argue, watch, learn and practice. I kept my mind open as to where the profession might take me without pre-empting myself from dedicating myself to a particular area of law early on. This led me to my first senior Mr Paritosh Sinha of Sinha and Co. He pushed me to the original side of the great Calcutta High Court wherein I was entrusted to handle varied types of commercial matters which also included arbitrations/mediations. He trusted a greenhorn to do matters, fail, make mistakes and get up again. Slowly, what started as an innocent attempt to learn about commercial law became a serious endeavour. I was naturally drawn to commercial litigation. The thrill of being in court, the palpable tension, the adrenaline rush to assist a senior counsel arguing for hours on an interlocutory matter or in conducting a trial felt like a second skin. What contributed more was the great privilege of assisting some of the best senior barristers and counsels from the Calcutta Bar from whom I could learn (Mr Anindya Kr Mitra, The late Mr Pratap Chatterjee, Mr S.N. Mookherjee. Advocate General W.B, Mr S.N. Mitra, Mr Abhrajit Mitra, Mr Jayanta Kr Mitra, Mr Kishore Datta, Mr Anirban Ray, Mr Ratnanko Banerjee, to name a few). What was equally contributory was working with some of the best junior counsels I have encountered in my professional life. Some of them are my contemporaries yet undeniably from whom I have learned every day since last decade! (Mr Chayan Gupta, Mr Soumabho Ghose, Mr Sarvapriya Mukherjee, Mr Shaunak Mitra and Mr Pranit Bag warrant a huge mention).  The more I did matters, the more I developed and a turn of fate (and a bit of hard work I would presume!) landed me with one of the oldest and biggest law firms in India, Fox and Mandal (F&M). At F&M, my skill set was tested, enhanced and tried at all levels. Under the expert guidance of Mr. Debanjan Mandal, Partner (who in my small experience is possibly one of the sharpest legal minds in India) and Mr Sandip Dasgupta, Partner, I not only learned so much about the art of solicitorship and advocacy but was continually entrusted with commercial litigation of all sorts and dispute resolution on a national and international level. By the time I realised, I had already spent a decade in the profession and I cannot imagine doing anything else! 

    With your extensive experience in Commercial Litigation, Dispute Resolution, and representing clients from both private and public sectors, could you highlight some of the most challenging and interesting cases you’ve handled?

    There are far too many for this limited space and time! And for understandable confidential reasons, I cannot name them in detail. However, my first big matter, which grabbed a few eyeballs owing to its uniqueness, remains special. It involved a partnership business for an online gaming platform. One single matter made my foray into partnership law, derivative action under company law, and intellectual property rights – not only before the High Court but also before WIPO and the law of criminal defamation. Cases were filed, actions, reactions, counter actions and retaliations were done which pushed me to the limit- sleepless nights, countless conferences with senior barristers, days of research into points of law and arguments for hours before the court. Another, I remember distinctly wherein we were representing a major state-owned enterprise faced with an invocation of a Rs 400+ crore bank guarantee. The case apart from presenting its challenge owing to technicalities of the mining operation in question was also beleaguered by the law revolving around the invocation of bank guarantee- which as many would know is very strict. We had anticipated that we might not succeed before the Single Judge and had prepared an appeal even before the original case was filed by us! On the day, as expected we didn’t draw first blood before the single judge and a whole domino effect took place thereafter. The judgment was delivered post lunch around 2 p.m. Going by the contingency plan we immediately obtained leave to appeal without the copy of the judgement from the Chief Justices Court around 2.30 pm and pleaded the urgency to list the matter around 3.30 pm. Once listed, preliminary arguments took place and we were successful in obtaining a stay of the appeal, pending final adjudication on the same day itself around 4.30 pm! saving the state and the state enterprise from being plunged into ‘darkness’! What was not only high profile but also fraught with trepidation, now (as I look back turning time- not in a H.G. Wells manner, though!) was a full day of thrilling legal drama, which in hindsight has taught me much about holding onto nerves in the field of commercial litigation. 

    Your career has taken you through various practice areas, from Criminal Laws to Intellectual Property Laws and Company Law. How do you manage to excel in such diverse areas of law?

    To be candid, one cannot excel in ALL spheres. However, what one can do is put his/her best foot forward, utilize the knowledge gained, and the skill set acquired and “try” to win. What is important is not just excelling but being involved and genuinely committed to the work being done and endeavouring to get the best results/outcomes in the given circumstances. Yes, being interested, inclined and involved in full steam is the stepping stone to excelling but for me, the trick is not excelling or knowing about everything but knowing everything about certain things. In that way, my belief is, the quality of work is much more refined and superior AND that is what will separate one from others. 

    Before pursuing your master’s degree, you worked as a Senior Associate at a renowned law firm in India. How did your experiences there shape your career and influence your decision to further your studies?

    Working as a SA that too in a top law firm comes with a set of challenges. It will push and test you mentally, psychologically and most importantly intellectually. I believe working at such a high level with not just a myriad of matters to handle at a given time but also continually learning from senior counsels/barristers develops and refines one understanding of the law, its working and its granular nuances. During my time I was at a given time exposed to arbitrations, commercial litigations, drafting, research, pleading, strategic decision-making, and judgement calls- a whole universe of disputes and whatever comes with the territory.  Every experience no matter how small or big the matter made a mark in the way I would think, perceive, react or even respond to situations. It made me more alert, aware and intellectually open. Quite plainly, it prepared the breeding ground for being “ready” to take on the challenge that is presented by studying at an international level. After a point, I thought that it was time to take the plunge. 

    What motivated you to pursue your master’s degree in International Business Law with a focus on International Commercial Arbitration and Investment Arbitration?

    Turn of fate is rather a cheeky first instinctive answer to this! On a serious note though, My academic journey has been a roller-coaster ride. In 2016, I was selected for pursuing my master’s at the National University of Singapore (NUS). Unfortunately, I could not take up the offer owing to personal issues. Thereafter, I never thought of pursuing my master’s and had some of the most brilliant working years of my life. In 2020, like many, Covid gave me time to retrospect and introspect. The deep-rooted urge to pursue my master’s degree, which I thought had been quelled over the years, egged me on. I applied once again, not to NUS anymore, but only to three colleges in London (I got through two, KCL being one of them). I was certain that I wanted to study in London and one of the three colleges owing to the subjects on offer and world-class faculty. What started as a perfunctory attempt ultimately led to the doors of King’s College, London. Since my background and skillset have always been in commercial law and dispute resolution, specializing in that area was a natural choice. The strategy was to play to my strengths, which I did. The underlying objective or motivation was simple: gain a finer understanding and international exposure to the concerned area of law.

    Could you share some of the key lessons or experiences from your time studying at King’s College, London, and being taught by leading barristers in the field of dispute resolution?

    The experience of studying in such an iconic college is overwhelming not just in terms of the intellectual challenges that it encompasses but also the pressure to survive and perform in a batch with such diversity. Colleges like KCL always boast of an extremely diverse cohort wherein one is competing against some of the brilliant minds across the globe. During my time in England, I have been fortunate to have been taught by some of the leading barristers of not just England but of the world. Some of them include Samuel Wordsworth KC, Lucas Bastin KC, Dr. and Paul Key KC all of whom I proudly call my professors and continue to have good relationships with them. King’s College London has always, historically, been associated with leading practitioners who regularly teach. The current heavy-weight names include Samuel Wordsworth KC, Lucas Bastin KC, Dr Paul Key KC, Phillipa Webb, Julian Bailey, Jason Fry KC and Lord Guglielmo Verdirame KC. Past names include the legendary Late VV Veeder (aka Johnny Veeder), the Late Prof. Martin Hunter (of Redfern and Hunter fame), and Toby Landau KC (who has now shifted his practice to Singapore). One of the major takeaways is that the teaching methodology, the emphasis on critical thinking and the diverse views of other students compel one to engage, think, introspect, present and importantly be flexible to differing perspectives and ideas. It prepares you for critical challenges that the profession will throw at you. It goes without saying that access and interaction with the best minds, apart from being a rare opportunity, also is a tremendous learning curve. 

    Working with a public international law firm like Volterra Fietta must have provided unique challenges and opportunities. Could you share some of your experiences in representing states and investors in investor-state disputes?

    My aim to develop in the area of investment arbitration and public international law (I had a fair amount of experience in commercial arbitrations back in India) led me to work with the renowned public international law firm, Volterra Fietta (VF). VF’s uniqueness lies in being one of the rare firms currently on the planet to exclusively specialize in various aspects of public international law be it before the ICJ or investment arbitration tribunals or the English courts. It is not every day that a ICJ case or an investment arbitration comes about but if it does one needs a firm like VF to tackle the nuances of public international law (which by the way very few can!), apprehend critical hard facts, forensically strategize and advocate the case to bring about the best results. Naturally, being with VF’s investment arbitration practice team has allowed me to gain substantial experience in advisory and highly contentious work, representing both state and investors, in connection to the interpretation of treaties and broader public international law aspects. I have the good fortune of being involved (along with others in the firm) in important matters relating to climate change before the ICJ as VF is mandated to represent one of the Caribbean countries, a multi-million dollar development construction investment arbitration disputes under ICISD for one of the small island states and also a multi-billion dollar investment arbitration against France, under the aegis of PCA, relating to gold mining concessions, to name a few.  The experience has thus been very varied and testing. When working at such an international level, the stakes are always high, there is hardly any room for error. One must be on their toes, being rigorously meticulous. The test of strict timelines fixed by the court /tribunal, the precision of pleadings, the presentation of facts, the research of law, long hours (not even remembering which day it is, at times!), the advocacy before an international tribunal (which, more often than not, would consist of some of the biggest names in public international law) handling high profile client representatives are some of the challenges. One wrong step can fatally affect the case and the client. One will falter at times as to err is human, but it is equally fulfilling to learn from specialist practitioners, at the top of their form, how one can tackle these challenges every day. Hence much is credited to the inimitable Robert Volterra, Founding Partner, Mr Gunjan Sharma, Partner and Ms Angela Ha, Counsel. 

    Balancing your professional career as a lawyer with your passion for writing fiction and photography sounds intriguing. How do you find time to nurture your artistic pursuits alongside your legal practice?

    Quite frankly, I don’t always get time as being a disputes lawyer can flush out life! However, I try my best to read, travel, capture moments and put them down into words for my own sanity. I must, of course, admit I  am not a prolific writer! I am a reader more than a writer. It was, again, pure luck that one of my short stories got published (God knows how that happened but I will take it!). Understandably and bitterly right, my photography has yielded lesser results of such nature! (now, in this case, god knows why that has been so!).

    Notwithstanding the dry sarcastic humour, I believe one must always find time to engage or indulge in activities outside the profession and hold them dear to the heart. For me, it is photography, reading and writing (at times!). Indeed, work pressure will always be persistent, on the flip side what is equally true is that its intensity will vary. It is in those golden bouts of intermittent sanity that one must disengage from the legal world. On a lighter vein though, maybe, I try to compensate or overcompensate for the regret of not being able to study literature and history! 

    What advice would you give to fresh law graduates who are aspiring to build a successful career in Commercial Litigation and Dispute Resolution, especially those who come from non-NLU backgrounds like yours?

    One thing to be clear at the outset, is that the profession is tough. No matter which branch of law one practices, it is a rigorous profession. It becomes cruelly painstaking when one ventures and tries to eke out a living from commercial litigation and dispute resolution. As I said, being from a non-NLU background can have its challenges at the initial stages but it cannot define one’s work. It cannot define you, therefore NEVER let it. At best a non-NLU background will put you behind the race but it cannot put you out of the race. Whoever is out there from a non-NLU, do not let your background define your work. A sense of single-mindedness is required to build a career in disputes and this is what I call the “3-D” effect: Discipline, diligence and determination. There cannot be any substitute for this. There never has been and never will be. Therefore, one should concentrate on building up and creating good quality and body of work. The opportunities or recognition comes from the work one delivers and not from a person’s background. One must be patient and ready to persevere, burn the midnight oil, and suffer the frustration of less or no work and money in the initial stages. It is often said ‘love what you do and do what you love’. This might sound easier said than done but in my experience, this is the way one can work towards whatever one wants to achieve.  Importantly, you cannot stop believing in the work that you are doing- this is irrespective of where you come from and whatever work one is doing. The day you stop believing in the work, it will be the end of that area of practice. As Denzel Washington said in his NAACP image awards ceremony speech, “Keep working, keep striving, never give up. Fall down seven times and get up on the eight”. 

    Q10. Lastly, what do you envision for your future in the field of international dispute resolution and commercial litigation? Are there any specific goals or areas you would like to explore further?
    I have always been a dispute lawyer and will continue to be so. I have realised that there is so much out there on a global scale to learn not just about commercial arbitration but litigation and importantly about treaty arbitrations. My interest in dispute resolution more specifically in investment arbitration (aka treaty arbitrations) which happens to be an offshoot of public international law is much credited to Samuel Wordsworth KC (whom we fondly call “SAM”) and Lucas Bastin KC as they tapped into the brain and exposed me to the rich yet complex and beautiful word of treaty arbitrations and in turn to the universe of public international law. This has been further accentuated by my work with VF. I may not be new to the world of commercial litigation or commercial arbitration but fairly green to the universe of public international law and treaty arbitrations. People who have tasted its cypher have been sucked into this fascinating field like quicksand only to be consumed in the whirlwind of its finer nuances. I shall continue to work, explore and develop in the field. As I would say, you can take the lawyer out of disputes but never the disputes out of the lawyer! Hence, ideally, I will always strive to maintain a balance of disputes work with commercial litigation to the plausible extent it can be and look forward to working and learning from the best legal minds ploughing the planet currently. 

    Get in touch with Ayan De-

  • Knowing your brief, correct facts, being bold and aware about what you present, are key points which come what may, would not shake the confidence no matter what- Anushkaa Arora,Principal & Founder at ABA Law Office

    Knowing your brief, correct facts, being bold and aware about what you present, are key points which come what may, would not shake the confidence no matter what- Anushkaa Arora,Principal & Founder at ABA Law Office

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

    Ma’am, please tell us about your educational background and how you ended up pursuing a Master of Laws (LL.M) in Intellectual Property Laws from the National University of Singapore?

    I was born and brought up in Delhi however, I pursued 8 years of school from Dehradun, namely Ann Mary School.  I am a Science with Maths student from an ICSE + ISC school named previously. Thereafter, from a PCM background I took the plunge into BA LLB, and with god’s blessings topped semesters and attained top position during my final semester. I further pursued my masters in IPR from NUS Law. Meanwhile during school, I have also had the innate interest towards yoga and attained Pramana Patra by clearing all 5 levels with highest grades. 

    I took the plunge into IPR for the reason that apart from criminal laws, IP Laws interested me a lot during university days. I found that the curriculum taught in law schools was not enough to overall understand this subject, which is when I decided that I would definitely want to study IP  in depth. I was fortunate to get into Amarchand Mangaldas on merit, as an intern, where I was put into the IP team, which further caught my attention towards IP, which is when I was sure that I would like to explore this subject more, before I hit the professional world. I thereafter to satisfy my curiosity over this subject got into Luthra & Luthra internship and experienced various more aspects in the same. Further, I was called back at Amarchand Mangaldas over an assessment internship, with which I was sure that I would really love to further pursue this subject and dwell into advanced core. This is when, it struck me, to pursue IP from NUS, being top 10 in the world for IP Laws, as a recommendation from every well-known practitioner of IP India has seen. After further training with some of the most refined law firms as named above including RK Dewan, I took the plunge for Singapore to pursue masters in IP. 

    During your LL.M program, you specialized in subjects such as Celebrity and Entertainment laws, fair use in the UK and USA, copyright, trade marks, cyber law, and more. What sparked your interest in these areas of law, and how do you think they contribute to the field of intellectual property?

    My main motive to pursue masters from Singapore in IP field was to be trained by the best and pursue subjects which form part of real core of IP. These subjects form part of the real core of IP if we talk about trademarks and copyrights. Being trained by the best, witnessing luxury brands In Front of your eyes by professors who teach such subjects, not only amazed me, but reinstated the dedication for which I had subscribed to masters from Singapore. 

    These subjects have not only contributed towards my professional commitments but have given me the maturity, edge over competitors and confidence to deal with some of the very high stake and high profile IP litigations/advisory I have handled so far.

    You completed Directed Research under Prof David Tan on Luxury Brand Counterfeiting. Could you share some insights from your research and its significance in addressing the issue of counterfeiting?

    My directed research under the topic as mentioned has been pursued under the guidance of a person who is not only well known for the said subject but is a live example of walking luxury brands. My research involved understanding luxury brands, the efforts and time spent on making the same, counterfeits of such brands, empirical research of the same. To undertake the research,  I even travelled to south Vietnam, which houses counterfeits of the world, understanding the market there, issues with use of counterfeits etc were some aspects which were witnessed in person and thereafter jotted down. 

    Counterfeiting is escalating especially with advent in technology and know-how. The directed research addresses very specific points over the same, creating significant impacts over society to understand the issue to its root cause and the pitfalls associated.

    Your Bachelor of Arts and Law Honours degree from Guru Gobind Singh IP University in Delhi showcased exceptional academic performance. What motivated you to excel in your studies, and how did this experience shape your understanding of the law?

    Honestly, I was always passion driven. Nothing seems rather a task when it comes to law. I just loved what I am doing, hence it all happened as it should happen. I always had the innate quality to understand arts subjects right from school where I used to obtain highest grades in history, English etc. continuing the same interest in BA LLB. I am glad I did exceptionally well. 

    Being honest, law school studies did shape a personality, however with respect to understanding of law, I will say I give the credit to my training as an intern since 2012 in any or all holidays. I think practical knowledge in law is most important which one does not get by studying law. Same story follows, at least for me. 

    As a member of the Singapore International Arbitration Center (SIAC), could you share some of your experiences in handling arbitration cases and the significance of alternative dispute resolution in the legal profession?

    I have represented Indian clients before SIAC and have also advised on such international arbitrations. Apart from the same, I have dealt/been a part of some of the high stake arbitrations in India for which the journey compared with litigation has been a much smoother ride.

    Getting instructions from clients, presenting the same before the arbitrator working your way out in a much organised and sophisticated manner, have been some of the most loved experiences.

    I believe we should work towards advising parties in choosing ADR rather than complex, long and haphazard litigation, which not only saves time and money of the Client but it does give a comprehensive organised flavour to the case. Speedy angle being added, makes it even more suited for clients. 

    You have been actively involved in conducting webinars on various legal topics and moderating sessions with renowned individuals in the legal field. What motivated you to engage in knowledge-sharing activities, and how do you think they benefit both legal professionals and the wider community?

    I have always been involved in such knowledge-sharing activities, since school days. Having an innate quality to help the society, I have even kept myself occupied with pro bono activities and extending pro bono legal aid to the downtrodden. 

    Be that as it may, I do not think anything motivated me, I think this is always something I liked, because I wanted to help a major section of society either by imparting education or by getting dignitaries who could do the same. 

    Such knowledge-sharing activities have far reaching effects. These days, the internet is accessible to masses. For those students or professionals who cannot afford expensive commentaries, web access, mentoring under dignitaries, can gain insights by witnessing such knowledge-sharing activities, which has been my main motive all the while. People who are preparing for exams, involved in litigation over subject matter relating to such knowledge-sharing activities etc are tremendously befitted, as they can join and during interactive sessions, pen down their queries and thereby avail answers. 

    In your role as the Founder of ABA Law Office, you have worked on notable matters such as handling complex criminal law cases, intellectual property rights etc. matters for clients. Could you share some key challenges you faced in these cases and how you effectively addressed them?

    Key challenge faced is I believe with respect to me being a female. Gender discrimination though subtle but is prevalent. Tackling the same especially in lower courts outside Delhi is yet again a major task, which I successfully seem to have handed over the years of my practice. 

    Knowing your brief, correct facts, being bold and aware about what you present, are key points which come what may, would not shake the confidence no matter what. Being any sort of subjugation from the opposite sex, having the above mentioned points, would not let you digress from your end goal.

    As a litigator, you have represented clients in various forums and courts, including notable companies like M & R Furnishing (Apartment 9), Asian Paints, Mr. Shiv Khera Central, Government of India, Indian Railways etc. Could you share some experiences from your litigation practice and how you have successfully advocated for your clients’ interests?

    Running from one court to another, 1 DAY- different forums, different state courts, international matters, briefings, advisories, client calls, drafting’s, arguing, sleep and repeat is a summary of my experience of litigation.  

    I am very confident to say that I believe in obtaining a speedy redressal for my Clients which my track record till date (by god’s grace) has been at par with my thought process. Having an unblemished record of win and speedy redressal is something for which I am truly humbled and bow down to the almighty to bestow upon his kindness. 

    Throughout your career, you have received several professional qualifications and honors, such as winning the Best Research Paper Award and being a recipient of the Ram Jethmalani Academic Excellence Award. How have these accolades contributed to your growth as a legal professional?

    They have given me the boost to consider that I am on the right track and also the reinstatement of the thought that with hard work comes success.

    Based on your experiences and expertise, what advice would you give to fresh law graduates who are about to embark on their legal careers?

    Train/intern as much as you can. Do not waste law school years by sitting ideal and wasting vacations. Any vacations, joining an internship, online internship, virtual internships can be done even if we have difficulty in pursuing physical internships. 

    Only once you have experienced different types of law offices, you would have clarity as to what is the right profession for you when you leave law school. 

    Many a times, students do not train/intern much during law schools, and end up figuring for the first 1-3 years as to which place suits them best, is it a law office, law firm, chamber, judges chamber etc. so to avoid wasting 3 -5 crucial years of career post law school, my only advice would be this. 

    Could you provide us with an overview of the collaboration between ABA Law Office and R S Solomon LLC? What drove the two firms to sign a Memorandum of Understanding (MOU) and join forces?

    The collaboration is an understanding between group international law firms, to work together on matters which may come across each other’s way including advisory, drafting or vetting etc.

    I always had a vision for a global practice of my Law Firm. I have always since my law school ventured to international domains to present papers, understand cultures, built international contacts, and then pursued my masters from Singapore, which further gave me an excellent domain to further strengthen my international contact database. 

    With the said edge of having an international masters from Singapore my south east Asia connect with my colleagues became very strong and soon ABA Law Office started to become a one stop shop for client who wanted to set up companies in southeast Asia by having an Indian law office who could coordinate with various other law offices abroad and get the work done.

    India clients reposed trust in ABA Law Office and soon ABA Law Office developed a strong international practice of advisory, registering trade marks, opinions on IP, contract vetting etc. 

    In the same manner, R S Solomon LLC carrying the same vision was already in a group law firm collaboration with various other law firms across the globe. With the recent BCI notification of allowing foreign lawyers and law firms in India, I saw the same as a good opportunity to further strengthen my Firm’s international practice and with the same in mind, both law firms found synergies to further dwell and commit to. 

    Get in touch with Anushkaa Arora-

  • By doing my profession I feel a sense of happiness and boost my ego because when you win a case to make a good argument you are highly appreciated by the judge the client and sometimes by the opposing counsel-Dr. Aparrajitha Ariyadasa, Senior Partner, ATD Legal Associates

    By doing my profession I feel a sense of happiness and boost my ego because when you win a case to make a good argument you are highly appreciated by the judge the client and sometimes by the opposing counsel-Dr. Aparrajitha Ariyadasa, Senior Partner, ATD Legal Associates

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

    Dr. Aparrajitha Ariyadasa, what was the motivating factor in your life that pushed you to pursue law?

    I have a family reason because my role model the father was an interdisciplinary person who was a lawyer as well as a lecturer. He inspired me to be an interdisciplinary personalty if I wanted to be socially and financially stable. I saw the luxuries of my father and from the childhood, I wanted to become a law scientist. Therefore after my Advanced Level, I joined the science faculty and simultaneously, I joined law college and became a lawyer and a science graduate at the same time. Now I enjoy all the luxuries what my father wanted me to have because of my profession.

    What aspect of your profession makes you beam with pride on a day-to-day basis?

    By doing my profession I feel a sense of happiness and boost my ego because when you win a case to make a good argument you are highly appreciated by the judge the client and sometimes by the opposing counsel. Due to that appreciation, you get a lot of motivation about the profession. As a woman specifically in a male dominated society when you become, he spotlight, it will generate you confident and sometimes over confident., appreciation, motivation, and productivity. On top of that, when you walk in a society, a lady lawyer is highly recognised socially and politically. Being a reputed lawyer will lead you to get social invitations of different societies, social events and gain lot of respect from the society as a credible and a n honourable person.

    You have touched on various areas of law in your practice, Intellectual Property, Immigration Law, Competition Law, Criminal Justice etc. Which area of practice is the most preferred by you?

    I adore Intellectual Property Law and cyber law due to the very reason that both of them are inter disciplinary law subjects which involves together with Science and IT which are my other specialized subjects in my other degrees.

     Can you tell us your experience of getting through your obstacles and setting up ATD legal Associates?

    I TOOK MY OATHS AS A LAWYER IB 2000 AND THEN I JOINED TWO MULTI NATIONAL COMPANIES AND a government organization. I ended up as a Director legal in 2008, due to the very reason my husband was pressurizing me to resign as my daughter needs to be taken to school. With this conventional attitude, I had to find my way making everyone happy. I WANTED TO BALANCE MY FAMILY and the work. I had a decent amount of capital with me and therefore, I did not want to waste my time as a housewife. No sooner had I resigned, I planned to start a law firm and rented an apartment and collected the equipment needed. I was lucky that I had only one apprentice and I took the first step to my firm. I could manage my work and the family because I was my own boss. I expanded the employees and my legal services as I had exposure to multinational companies. At last, during the covid, I could link my firm to a number of countries. My main obstacle was my conventional husband and his grumbling about a working wife who gets late home which I could manage due to my patience. Second obstacle was that the anti-feminist discourses in the country. Men did not want to retain a lady lawyer for their cases. To prevent that, I partnered a male attorney for marketing and networking, and I was in the operation. Once the first consultation was done, male clients were highly impressed and with the time, the anti-feminist attitude in males were eliminated. By now its been 21 years of my practice by now and I do not face any problem of discrimination.

    How important do you think, protecting data privacy and taking appropriate actions pertaining to cyber security are for start-up companies?

    Data privacy of startups safeguards information from loss through backup and recovery. Data security needs specifically to measures taken to protect the integrity of the data itself against manipulation and malware. It provides defence from internal and external threats. Data privacy refers to controlling access to the data in startups.

    How in your opinion have IPR laws developed and transitioned over the years in Asia?

    Yes. But the management should be streamlined. Training should be given to Patent agents. Patent drafting and registrations need more experts.

    Being a full-time lawyer and also giving your valuable time as a visiting lecturer, how do you manage to achieve a perfect equilibrium when it comes to work-life balance?

    I am my own boss. I manage my flexible times without disturbing kids and the family I play by the ear.

     Having extensive work experience across several countries in Asia, how do you think budding law graduates can pursue an international career in Law?

    They have massive opportunities if they specialize several areas such as IP, Cyber Law and data privacy.

    As the Senior Partner of ATD Legal Associates can you tell our curious readers how an average work day would be at your firm?

    8 hours

    What are the qualities you would look for in interns and new job applicants if they should apply to work at ATD Legal Associates?

    Preciseness, self-motivated, research oriented and punctuality

    What would be your words of advice for young lawyers who aim to set a career in corporate law?

    Know your law. Learn your law, further learn it until you die.