Super Lawyer

Tag: LLM

  • One of the key aspects in arbitrations is to read and decipher the terms of the contract-Abhay Itagi, Partner at MV Kini Law Firm

    One of the key aspects in arbitrations is to read and decipher the terms of the contract-Abhay Itagi, Partner at MV Kini Law Firm

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

    Can you tell us about your journey and how you ended up pursuing a career in law, particularly  in litigation and arbitration? 

    Being born to a leading lawyer in a tier-2 city, the choice was clear with limited options to  embark and explore. My interest in litigation developed in law school, primarily by participation  in Moot Courts, while I took interest in arbitration in my 5th year of law school.  

    You have experience as lead counsel in domestic and international ad hoc arbitrations. Could  you share with us a notable case or experience from your arbitration practice that was particularly  challenging or memorable? 

    Arbitrations are born out of commercial contracts. One of the key aspects in arbitrations is to  read and decipher the terms of the contract. The more prudent reading of the contract is expected  to prevail. Recently, we successfully defended a claim of damages of Rs.350 crores against our  Client POSCO-Steel. The terms of the contract appeared to be skewed but on threadbare reading  the reciprocal obligations were found to be not fully filled. As a lawyer, every case is challenging  and an add-on to one’s memory and of course makes the journey memorable.  

    As part of your role, you draft various legal documents such as pleadings, written submissions,  and petitions. What are some key considerations you keep in mind when preparing these  documents for arbitration cases or other litigation matters? 

    Every lawyer enjoys freedom to present the case. Speaking for myself, I prefer to keep my  pleadings to the material facts and not dump voluminous bald statements or documents. Material  facts are to be carved out by marshalling the facts, as presented by the Client. One of the cardinal  principles that I follow is to not plead the law in the pleadings. Secondly, it is of paramount  importance to not suppress the facts or documents even if they are not in favour of your client.  Lastly, ensure that the client has disclosed all the facts without any judgment of relevance on such  facts. 

    You have appeared before various tribunals and courts, including the National Company Law  Tribunal, Bombay High Court, and National Green Tribunal. How do these appearances differ in  terms of the skills and strategies required? 

    The fundamental difference between different fora is the law under which a person  approaches. One of the aspects that I found was the lingo, language and communication to be  different. The fora that you mentioned, in ordinary course, do not conduct full-fledged trials but are  summary proceedings, so in that sense these fora are different from civil or commercial courts.  Secondly, the time available to a lawyer to present his case in these fora is limited as compared to  trial courts, therefore, precision is key. As a matter of skill and strategy, the stage of recording of 

    evidence is absent in these fora and the matters argued and decided on the basis of facts, as  presented and the documents that are relied upon.  

    In addition to your contentious work, you also have experience in non-contentious matters  such as providing strategy advisory and legal opinions. How does your approach differ when  working on non-contentious matters compared to litigation and arbitration? 

    Non-contentious matters are not limited to advisories and opinions, it can include drafting of  agreements, liasoning and compliance with regulatory authorities. The approach while drafting a  strategy or an opinion, the primary focus is on the business of the client and to the extent possible,  avoid potential litigation or non-compliance. Whereas, in arbitration the focus is on the claims  already raised either to seek or defend depending upon which side one represents.  

    During your time at Reliance ADA Group, you were involved in strategic planning of litigation  matters across the group’s businesses. Could you share an example of how you approached  strategic planning and mitigating legal risks for a complex business case? 

    Litigations are planned sounds like cases are filed with malice, which is incorrect. Secondly,  I was one of the juniors in the team of the General Counsel, and as a junior your role is to follow  the orders. But I must say that I did get opportunities to be part of the team engaged in drafting  Share Purchase Agreements, Shareholder’s Agreement. The exercise was to modify the corporate  structure in compliance with regulatory requirements. One such work which I found interesting  was to draft an Agreement of Sale for a yacht, for which I was exposed to a completely new  regulatory and review Charter Agreements.  

    You’ve also worked as Counsel for Tata Consultancy Services in New York, primarily  focusing on contract negotiation and drafting. What are some key challenges or considerations that  arise when dealing with IT contracts, IT infrastructure, and BPO contracts? 

    IT contracts revolve around a variety of intellectual property and intellectual property rights (IPR). The challenge is always to ensure assignment of IPR that may be required and to put or  negotiate a value. The second aspect is flexibility in licensing. The software is made available on  license basis and to ascertain the limitations on the usage of the software under the license. During  my time, the concept of SaaS i.e. software as a service was developing, but back to back service  level agreements would provide uptime and backups in case of a glitch. Therefore, clauses in  respect of indemnity and liability had to be drafted carefully.  

    As a foreign associate at Translegal LLP in Washington DC, you advised U.S. clients on  investments in India and provided opinions on multinational business transactions. What were some of the unique challenges or cultural differences you encountered while working with  international clients and navigating cross-border transactions? 

    I took up the engagement right out of college to understand and acclimatize the nature of  transactions between business entities in India and the USA. One of the aspects that I observed was that the decision making process is completely different. US businesses go back to the drawing board  only in case of a deviation or an addition, whereas Indian businesses go back to seek approval.  When the transactions are both inbound and outbound, the time spent on the decision making  process becomes vital.  

    With your educational background in litigation and international dispute resolution, how have  your studies influenced your approach to resolving disputes and handling international cases? 

    The fundamental qualification of LL.B is the only requirement whether you are a lawyer or  judge of the Apex Court. The other qualifications are only to accentuate one’s understanding of  law or out of academic interest. Fortunately, for me, I pursued my post-graduate studies with  emphasis particularly on litigation and international dispute resolution. During my LL.M, I got an  opportunity to work as an intern on a case involving a ship that was registered in the Cayman  Islands, fitted with a German engine that got spoiled during its voyage in Norway, and had a Chinese crew. The ship was insured by a US Company. I can only say this to convey the complexity of  various entities. But as a student, I could observe how the approach to a dispute varies depending on the party making the claim.  

    Lastly, based on your extensive experience in the legal field, what advice would you give to  fresh law graduates who are starting their careers or considering a specialization in litigation and  arbitration? 

    I don’t claim expertise in my field except to continue to remain a student. My suggestion to  my friends is that the key to flourish is to read. When I say read, I mean books that may or may not be  related to law. During my consistent interaction with current law students, one of the dangerous  trends that has crept in is to read and borrow mostly incorrect information from substandard books.  This practice has to be curbed. Another aspect is to always, as much as possible, be aware of the  developments that are taking place at the local and the policy level and form opinions and debate. 

    Get in touch with Abhay Itagi-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Nitin Kala-

  • In law, never comes a day, when you can say ‘I know it all’ – and so is probably in every field, so keep learning everyday and keep updating yourselves- Vidya Sunderam, Principal Associate at Cyril Amarchand Mangaldas

    In law, never comes a day, when you can say ‘I know it all’ – and so is probably in every field, so keep learning everyday and keep updating yourselves- Vidya Sunderam, Principal Associate at Cyril Amarchand Mangaldas

    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? What motivated you to choose this profession?

    I come from a non-lawyer background. After finishing school, I was almost about to join Delhi University for a degree in economics when my mother suggested me to attempt giving entrance for law. I went ahead, gave a few entrance exams (no CLAT back then), got admission in a couple of law schools and joined Amity Law School (GGSIP University) as it was in my hometown Delhi. It took a few semesters to know ‘law’ as a subject and then internships to know how it is practiced. Back in law school my subjects of interest were company law and IP, and when I started writing blogs while in law school, I started enjoying these subjects so much so I pursued corporate laws since then, with an inclination towards commercial contracts. 

    Your field of practice includes general corporate, M&A, and corporate advisory. Can you explain your role and core practice areas in more detail? What kind of work do you typically handle within these areas?

    General corporate as a practice area is vast. My core practice areas are handling acquisition transactions, domestic as well as cross border, both from sell side and buy side – this would include conducting due diligence (on the target or a vendor diligence), handling transaction documentation; handling disinvestment transactions; advisory and structuring foreign investments; advisory on a wide range of corporate and commercial law matters for listed and private companies, including company law and SEBI regulations with core focus on regulations on listing, insider trading, and takeovers.

    Transaction structuring and drafting transaction documentation seem to be a significant part of your expertise. Could you elaborate on the types of agreements and documents you typically deal with?

    Each transaction involves detailed structuring, which depends on a lot of factors such as the objective of the transaction, funding methodology, residency status of parties, legal restrictions including permits from regulatory authorities, tax implications etc. Once the transaction framework is finalised, parties proceed to execute the transaction documents (commonly referred as definitive agreements). It is preferable to first negotiate and execute a term sheet wherein the parties agree broadly on the terms and conditions, and follow up the same with detailed definitive agreements. The type of definitive agreements to be executed depends on the transaction – whether a share transfer, share subscription, asset transfer, business transfer, merger, demerger etc. I primarily handle transaction documentation for acquisitions and restructuring, for listed and private companies, and have also handled prominent disinvestment deals involving public sector companies. Transaction documents I usually draft include share purchase agreements, share subscription agreements, asset purchase agreements, business transfer agreements, joint venture agreements, business cooperation agreements, framework agreements etc., along with several ancillary documentation. The drafting style varies based on who you are representing, the objective, facts and circumstances of the matter, and seek protective provisions accordingly. 

     Due diligence is an essential task when evaluating a transaction. Which sectors have you conducted due diligence reviews for, and what are the key aspects you look for during the process?

    Yes, due diligence is an essential part of an M&A transaction and is highly recommended. It is only when a due diligence review is conducted, that an investor gets to know the target closely and can help negotiate the deal and include protective measures in the transaction documents. I have conducted diligence review on several companies engaged in sectors such as manufacturing, power, healthcare, FMCG; services; hospitality; IT etc. A legal diligence report is an encyclopaedia on the target’s legal compliance status, and typically involves a review of the target’s corporate compliance, contracts, licenses, employees, properties, intellectual property, litigations etc. Transaction document negotiations depend a lot on the outcome of the diligence. In a diligence, one highlights to the client any risks they may face if they into the transaction. It is very important to highlight solutions/ mitigation for each risk highlighted in the report without which the report is certainly incomplete. It is also necessary to ensure that diligence is completed in a time bound manner so that the definitive agreements are negotiated and executed taking into account any risks. 

    What advice would you give to fresh law graduates who are just starting their careers? What are some key qualities or skills they should focus on developing?

    Fresh law graduates must remember that first and foremost it is important to be and remain focused. Spend the initial years of your career in developing a deep understanding of your practice area and the laws relating to it. I know that in the initial few years, there are many lawyers who get confused on which practice area to choose. Now here comes the role of your seniors and also your patience. Be willing to explore, but be patient to learn and put in 100% effort. If you still think you need a change, do that, provided you again put in 100% effort. In law, never comes a day, when you can say ‘I know it all’ – and so is probably in every field, so keep learning everyday and keep updating yourselves. What is also important is to never get disappointed. It is a long journey and there is space for all. Some key qualities or skills if you ask me are: discipline, willingness to learn, updating yourself every day, hard work (also smartwork), being a team player, and time management. To all the fresh law graduates – keep up the enthusiasm and yes, you have chosen a great profession and you are going to get into a great professional journey.

  • In colleges your professors will teach you different laws but to know the procedure of court of law and to be master in it, you must know the court procedure very well- Priyanka Matlane, Founder of Matlane & Grewal Legal Associates LLP

    In colleges your professors will teach you different laws but to know the procedure of court of law and to be master in it, you must know the court procedure very well- Priyanka Matlane, Founder of Matlane & Grewal Legal Associates LLP

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

    What inspired you to establish your own law firm? What challenges  did you face in the initial stages? 

    After completing my LL.B. I joined the chamber of Sr. Advocate C.A.  Ferreira was the then Assistant Solicitor General of India practicing before the High court of Bombay at GOA. Working with him in actuality, triggered a  thought to have a settled practice like him and to establish a law firm.  Before starting my law firm ‘Matlane & Grewal Legal Associates LLP’,  the journey of 10 years as an individual advocate was not so easy. There  were many difficulties as theoretical knowledge is completely different  from the practical procedure. In colleges your professors will teach you different laws but to know the procedure of court of law and to be master  in it, you must know the court procedure very well. As an advocate you  will learn new things on a daily basis. When you start your practice as an  individual advocate at a very young age is not such an easy task. Profession of  advocates used to be considered as the profession of old ones and not of  youngsters. I do remember on completion of my 6 months internship with  Ferreira sir, I shared my views to start independent practice with my family  members, frankly, telling no one was so convinced with my thought to start an independent practice as everyone thought I don’t even know the  ABCD… of the complete court procedure. Many said ‘do you know how  to draft a case? How would you give consultation to your client? What if  you lose the case? You should spend at least 5/7 years with a senior advocate  then only you can practice independently, Bla bla ssss…..  

    But it was my Guru/Mentor Mr. Vikas Lathar (Professor of Govt. College  of Safidon) and my mother who always trusted and had faith in my  abilities. They both supported me to start my journey and see I am here  today before you. 

    To have a reputed own law firm was always a biggest dream of mine. Many times I spoke to my husband about my dream to form a law firm. My  husband Navdeep Singh Grewal, who is also a part of our law firm, encouraged me to establish “Matlane & Grewal’s”. Working as an  independent advocate and running a law firm is completely different from  each other. As I am a fast learner and love to explore, I feel that working as  an independent practitioner is restricting the growth, learnings and  controlling the case types. But a firm can become one roof to offer all legal  services. Hence, ‘Matlane & Grewal Legal Associates LLP’ came into  existence.  

    Team of our law firm works passionately as a single soul without  compromising on professional ethics. Our Law firm is growing by giving  growth to our junior advocates as well as to our interns.  ‘Different brains and different abilities will work together and will grow  together’, with this mind set up I have started my own law firm.  

    With almost 10 years of experience in the field of law, what have been  some of the most memorable cases or achievements in your career? Could  you share a particularly challenging case that you successfully handled? 

    If I tell you the truth , my every case is unique and  definitely, I have achieved and learnt something or the other from my every  single case during this decade. There are many and all the cases on which I can share working experience but as you know time is limited and I can’t go on…. But I can Yes still, share my such a memorable and wonderful  experience in my 2 cases which are very much close to my heart. The first  case is of property case i.e., the Second Appeal filed before the High Court  of Bombay bench at Aurangabad and another was a criminal case filed by  the parents against their son. I personally feel both the cases were difficult  for me to handle. As in both the disputes the emotions of parties were  ultimately affected. I won a second appeal and it was a reportable judgment.  My client got his disputed land back after spending his 30 years of life in  court. The matter earlier was handled by many lawyers but when it came to me and after filing my VP on record, I ended the matter in just 1 year.  And winning a second appeal is itself an achievement and a milestone in  one’s legal career. Talking about my second case, this was a criminal  application for maintenance filed by the 80yrs old age parents against their  55yrs old son. The parents just filed the application to see their son due to  courts dates as he was separated from his parents due to past fights and  all… when on the first date of the court hearing I tried to reconcile and I succeeded , you know what the 80yrs old parents said me, ‘ beta, tum  humare ghar me humari devi maa ban ke ayi ho, tumhari wajah se humara  bichda hua beta hume wapis mil gaya.’ The matter ended happily and the parties are still living a happy family life.  

    You mentioned being highly effective at developing creative case  strategies and writing persuasive briefs. Could you share some insights into  your approach and how it has contributed to your success in the legal field? 

    Yes, we have effective strategies and we do adopt the same  strictly while dealing with the cases.  

    Firstly, we are good listeners. We listen peacefully to our clients and we  believe in transparency and keeping client’s secrecy. Secondly, we guide and consult them according to their legal requirements  and as per available legal provisions.  Thirdly, we draft our case patiently and appropriately as per court  guidelines.  Fourthly, we prepare our strategy to have effective cross, chiefs,  arguments, etc. we prepare our whole case before filing it in actual before  the court. Fifthly, we keep on doing research on landmark cases. Simply, we keep  updated our knowledge on a day-to-day basis.  

    The legal field is known for its dynamic nature and ever-changing  demands. How do you stay updated with the latest developments and  ensure that you can adapt to the evolving legal landscape? 

    As we are the generation of the 21st Century and as the technology is  developing and upgrading rapidly. Being a law practitioner, we too adapt  and adopt the use of technology and for the same my husband cum my firm  partner always supports us to maintain the balance between the old practice era and use of new technology.  

    To stay updated with the latest developments I do read newspaper on daily basis and also, we have opted for several paid subscriptions and  applications for the same. We follow SCC, MANUPATRA,  INDIANKANOON, DIGILEGAL, ETC., We are also very much active on  social media.  

    Could you share any valuable lessons or insights you have gained  throughout your career that have contributed to your professional growth  and success? 

    For me my success mantras are: keeping legal knowledge updated,  being truthful to your profession, ethical to your clients and consistency in your  working and learnings, time management, team management, leadership  and last but not least knowing the basic laws deeply.  

    How have public speaking skills helped you in your legal practice?  What tips would you give to aspiring lawyers who want to improve their  communication abilities? 

    I’m a very talkative person. and this has always helped me to make a bridge between me and my client. With ability to have proper  communication, my client never hesitates to share his/her problems with me, no matter how the situation is worsened or the facts are sensitive. To improve the communication skill, one should have good vocabulary,  one must know our basic laws and principles, keeping updated knowledge  and lastly read, read and read. Reading always helps to grow vocabulary and knowledge.  

    Lastly, what message or advice would you like to give to fresh  graduates who are considering a career in law? What qualities or skills do  you believe are essential for success in the legal profession? 

    It is the only law which ensures and gives the balance to live a happy  life. Every single individual should know their basic and fundamental  rights. Our Constitution has always safeguarded us in every manner. At least  one member of every family should have a person from the legal profession. To pursue a career in law, according to me skills such as being a hard  worker is not the only key. But you should be smart enough. You must  have the ability to take the risk factors. Your confidence should be greater.  You should keep your legal knowledge updated always, you should be a public speaker, multitasker and presentable and definitely you should be tech savvy. 

    Get in touch with Priyanka Matlane-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Sukhamrinder P. Singh Ahluwalia-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Anubhuti Mishra-

  • India being the fifth largest economy in the world, is now being viewed by the world as an upcoming player in the field of arbitration- Ankit Sharma, International Dispute Resolution & Litigation Lawyer

    India being the fifth largest economy in the world, is now being viewed by the world as an upcoming player in the field of arbitration- Ankit Sharma, International Dispute Resolution & Litigation Lawyer

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

    Sir, to start this conversation, can you tell us about your journey and how you ended up becoming a corporate commercial lawyer with a focus on litigation, arbitration, and advisory work?

    At the outset, I thank you for providing me the platform to express my thoughts and also a huge thank you to the readers for taking out the time to read this interview. Hope this will provide answers to any questions that they may have.

    I am a first-generation lawyer who had no background, guidance or mentor in the legal field. Most of my family, including my father, were government officers working with different ministries and sectors. While growing up I would often see that despite having ample authority in their jobs, they did not have the power to go beyond their employment duties and change the system. This prompted me to chose a career that provided me independence, authority and the means to reform the system. Thus, my initial years in the career right after college were spent practising mostly in the NGT and High Court working primarily on Environmental, Writ, PIL’s and Civil matters. Further, to explore more areas of laws, I switched to Civil, property, consumer, family and some criminal matters. Whilst working on ground, I was exposed to ADR techniques like Mediation and Arbitration. I was immediately drawn towards the aforesaid inexpensive and more efficient methods of dispute resolution. However, I saw that there was a dearth of awareness, skills and resources. That time most of the lawyers and judges were still ill-equipped to deal with complex arbitration procedures and cases. This led me to pursue higher education from a foreign institution to learn more about the practice and procedures as applied around the world.

    Upon my return after earning a Master’s degree, I began applying my skills and knowledge to the field and shifted the focus of my practice to commercial litigation and arbitration, which remains my core area and personally, my area of preference.

    Thereafter, the advent of the new Insolvency Code and Bankruptcy Code, 2016 (“IBC) completely shifted the legal landscape. Initially, Arbitration replaced litigation as the primary method for dispute resolution but, with the provisions of moratorium, arbitrations were being stayed and kept aside and hence, it become a ‘trend’ to initiate proceedings in NCLT rather than invoking arbitration. Nonetheless, there were many coinciding points in the lifespan of a dispute, wherein insolvency, corporate and dispute resolution laws came face to face. This was the reason that more and more work started coming in from the corporate side as well. Further, as IBC was (and is) in its evolving stage, the joy of moulding and developing the law through my representation before the Tribunals lead to this becoming my main areas of practice.

    Therefore, it would not be incorrect to say that it is was an organic process for me to become a corporate commercial litigation and arbitration lawyer.

    You mentioned that your practice involves a significant multi-jurisdictional component. Could you elaborate on how you handle cases that involve appearances before the Courts of England, India, and International and Domestic Arbitral Tribunals? What are some of the challenges and opportunities in dealing with such diverse legal systems?

    Yes, that is correct. I am presently based out of London and practicing both in India and London. The advancement of technology and the digitalization of the Court systems and hearings has been a catalyst to my practice being spread in different countries.

    Initially, I was practising from New Delhi, my hometown and would physically go and appear in the jurisdiction where the case was filed or heard. During those times, the virtual hearings were rare and only allowed in exceptional circumstances to the concerned parties, like a witness being based abroad. Therefore, initially, my practice involved travelling to different states and cities in India along with international travel to the seat or venue of arbitration. However, after covid, almost all of the Courts in India and abroad switched to virtual hearings which provided me the flexibility and ease to appear remotely. Presently, I am appearing virtually in almost all of my cases in India (with the assistance of the local lawyers). On the other hand, I am physically appearing and attending my cases listed in the Courts here in England and Wales.

    I would say the challenges and opportunities are two sides of the same coin as one can only get the opportunities if they can overcome these logistical and procedural challenges. When I expanded my practice and relocated to England, it required a lot more hours of work due to the time difference between the countries. I would often get up early morning as per Greenwich Mean Time (GMT) to appear before the Indian Courts which were 5:30 hours earlier (IST) and thereafter, begin my work here in England. Due to the difference in time, I also had to schedule my calls with clients and colleagues in a way that I could keep the two separate and this led to a situation where my work days turned unusually long.

    Another challenge that I faced was the difference in practice and procedures between the two countries. It is a common misconception that as India has derived most of its laws from England, they’re mostly the same. Even though the broad concepts are largely similar, the practice in the two countries is very different. Therefore, getting acquainted with the difference in terminology, style of drafting and presenting the claim/defence and also, presentation of arguments before the court initially posed a great challenge. However, with time, this difference has now faded and made things relatively easier. Moreover, I now handle my India & UK assignments separately by allocating different days to each. This provides me ample time to prepare with ease for each assignment.

    All things considered, maintaining two different practices requires diligent efforts, extensive work hours and efficient management. Moreover, it also demands you to be socially active.  There is saying in our field, especially for litigation lawyers, “out of sight-out of mind”, and hence, it is imperative to maintain and build professional and personal contacts by attending social events like conferences, meetings and seminars.

    How does being a dual-qualified lawyer enhance your practice? In what ways has it broadened your understanding of international law and cross-border transactions?

    I would say this dual training and qualification provided me an edge over my peers and opened new avenues for me. While studying in India, we were mostly taught about our legal system and how the Courts in India dealt with cases historically and in the present times. However, we were not provided exposure to the functioning of the Courts in other international jurisdictions especially in countries like the USA or the UK who are the founders of some of the modern-day legal concepts and techniques.

    The education I received during my masters, filled this knowledge-gap and exposed me to international practice areas. My brief time in the US gave me exposure to how the different jurisdictions in the US, from New York to Florida and California to Washington DC, dealt with the arbitration disputes. I was also part of the very first Mediation scrimmage organised by the American Bar Association and other developmental activities which further enhanced my inter-personal skills to handle disputes in a more informal and personal setting. Moreover, I became more familiar with the functioning of the Courts and Tribunals of some of the most pro-arbitration jurisdictions like Switzerland, Singapore, England and Paris.

    The aforesaid exposure, education and knowledge has made me better equipped to advise and deal with international cases and client. Further, I learnt to keep myself abreast with the legal developments around the world that enabled me to come-up with better solutions and reasonably infer the outcomes of the cases.

    As an avid writer, you contribute to international journals, blogs, and publishers. How has your passion for writing complemented your legal career? Are there any specific topics or issues that you enjoy writing about the most?

    At the outset, I truly believe that legal writing is a necessary skill for our profession and not merely a complementing factor. Our profession requires deep understanding of the subjects. Whilst writing an article, the author has to research, read and understand the past, present and future usage and implications of that particular topic.

    My passion for writing developed through my inquisitiveness to read about new topics and concepts. I believe I am still a student of law learning new things every day and therefore, whenever I come across a new concept which is still unknown to me, I am keen to research and read about it. Most of the articles I have written were either new to the world (like Singapore Mediation Convention) or new to me. Therefore, it would be apt to say that this passion increases my knowledge in the field and eventually helped me in the practice.

    My topics of interest are mostly based on the new developments in the field of law. In today’s time when there is an abundance of resources and free access, I believe that the historic concepts already have numerous sources and publications. Therefore, my preference is writing about a relatively novel concept, case or practice so as to provide a fresh perspective to the world and contribute to the literary resources.

    Could you share with us some of your most memorable or significant cases or achievements in your career so far? What were the key factors that contributed to those successes?

    To be honest, all of my cases are personally significant for me as I am 100 % involved in all of my cases whether they become distinguished or not. But few of the cases stand out for me as these are mostly my ‘firsts’ or the cases that brought a change in the system.

    Starting with my firsts, a PIL filed by me along with a colleague before the Delhi High Court to term the senior citizens as “co-morbidites” during the covid phase and thereby imposing greater obligations on the state to protect the senior citizens and children during the outbreak of corona virus. Another case that I want to highlight is another PIL filed before Delhi High Court (still pending) turned into a representation by the Court to the State Transport Department, Police and Policy makers. The Petition dealt sought creating a dedicated corridor on all main roads of Delhi providing unrestricted and free movement to all emergency services.

    I would also like to mention one of the Arbitration Petitions which was decided by the Delhi High Court in our favour. We had opposed the unilateral appointment of an arbitrator by the opposite party. What made the case landmark was that not only the Court allowed our objection to the unilateral appointment, the Court while considering our objections regarding the invalidity of the arbitration agreement, quashed the proceedings in the same Petition.

    The significant ones would involve one of the first cases in India wherein the NCLT, Kolkata had held that personal guarantor’s liability is co-extensive and insolvency process was initiated against the guarantors. There was also a rather unique case before the NCLT wherein I represented the respondent, a leading real estate company who had come face to face with the most renowned business families in India in lieu of an existing debt. Even though the debt amount was disputed, our clients decided to repay the amount during the subsistence of the Petition. The Petitioner disputed the acceptance and sought initiation of CIRP against our client company, however, despite an apparent default, the NCLT was compelled to decide the case in our favour due to the extinguishment of debt.

    One of my recent cases that is regarded as landmark is a Writ Petition decided by the Punjab & Haryana High Court wherein the Petition was filed seeking to consolidate more than 100 criminal trials pending before my clients in different cities and towns in the two states. It was the first time ever that any High Court in the Country realising the infringement of the fundamental right to fair trial, allowed the transfer of more than 100 criminal trials before a single magistrate to hear all of these cases together.

    With the rapid changes and advancements in the legal industry, what are some of the emerging trends or challenges that you see in your practice area? How do you stay updated and adapt to these changes to provide the best possible legal solutions to your clients?

    One of the most prevalent developments and personally, my favourite, is India coming to the forefront as an emerging upcoming seat and place for Arbitration. India has come a long way in terms of its Arbitration practice. India was not regarded as an ideal place for arbitration due to some blatantly incorrect arbitration judgments and several refusal for enforcement of awards. However, India has now evidenced its pro-arbitration approach by taking steps in the right direction. From ease of business to establishment of International Arbitration Centres and facilities are all beneficial for India to emerge as a choice of seat for arbitration. Further, the ease of restriction for foreign law firms would also provide some respite to the international practitioners that weren’t earlier keen to set up their offices in India.

    India being the fifth largest economy in the world, is now being viewed by the world as an upcoming player in the field of arbitration.

    I stay abreast with the new developments by reading legal articles, publications and news. The legal field per se does not have many resources for reporting latest developments and therefore, I follow a handful of genuine journals and news services that keep me up to date. I also try and stay active in the professional circuit by attending major events and conferences. Often times, new concepts are discussed and presented in these events to gage audience’s reactions and that also provides a first mover advantage in terms of being familiar with new developments. But most importantly, the best legal solutions are often developed by discussing with colleagues and seniors in the field. It is really important to gain different perspectives before finalising a strategy and that is what I do. When there are complex issues, I seek additional advice and sometimes seek experiences of the lawyers who have been in similar situations to create creative and helpful solutions for clients.

    Finally, looking back at your journey as a lawyer, what would be the one piece of advice or words of wisdom you would like to share with fresh graduates who are just starting their legal careers?

    I do not consider myself to be a person who can give “words of wisdom” rather I’d be happier sharing my experiences. One mantra that I know definitively works in our field is “Consistency is the key”. I can say from experience, good or bad, happy or sad, if a person walks even one step forward that’s progress! So, somebody who is determined to succeed should not forget to keep walking and working as Rome was not built in a day and it was turtle who won the race and not the rabbit.

    Get in touch with Ankit Sharma-

  • The quality of the legal profession is that you face new challenges in every matter and you never feel monotonous-Varun S. Ahuja,Partner at Ahuja Law Offices

    The quality of the legal profession is that you face new challenges in every matter and you never feel monotonous-Varun S. Ahuja,Partner at Ahuja Law Offices

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

    My father is a practicing lawyer who had an established legal practice. From early age when I used to visit my father’s office, I used to see the respect, which my father commanded. So, from my child hood I aspired to be a lawyer.

    You have obtained a Bachelor’s degree in law from I.P. University and completed your Masters at George Washington University. How have these educational experiences shaped your understanding of the legal field and influenced your career?

    The mode and technique of teaching law of both the universities is completely different. In my case, I can say that both of them complemented each other. While in IP University it was more of bookish knowledge in George Washington University it was more research-based knowledge. In IP University I studied keeping exams in mind, which was usually when exams were approaching. Whereas in George Washington University I had to study before each and every lecture and used to end up spending double the time of lecture to prepare for class. If you don’t study before the lecture you are not able to understand the lecture. In George Washington University they encourage you to ask questions and method of teaching is more interactive.

    You have extensive experience in commercial dispute resolution, arbitration, and corporate advisory. Could you tell us about some of the high-profile cases you have been involved in? What were the challenges you faced, and how did you navigate them?

    The firm is handling work of about 25 corporate clients. There are multiple high profile matters our firms are handling. I will share about one matter before NCLT Mumbai in this matter director ship of a director was cancelled on account of non-compliance of certain provision of Registrar of Companies. The said director took an interim injunction from NCLT regarding his expulsion from Board of Directors as the said director held a significant minority shareholding. We took up the matter on behalf of the company and presented before the court as to how our act is influenced by directives of Registrar of companies and was justified in the circumstances and it was not a case of suppression of minority shareholder. The Hon’ble court was pleased to vacate the injunction order and had decided the matter in our favour.  

    You have authored several articles on various legal topics. Could you give us an overview of some of the key subjects you have covered in your articles? Why did you choose to write on these specific topics, and what impact do you hope they have on the legal community?

    Most our articles have been on Arbitration, Contracts, Commercial Laws and Company Law These topics were chosen keeping in mind that they are my strength area with objective to make people and in-house counsel enlightened about the legal nuances of these subject. At Ahuja Law Offices we believe that knowledge increases by sharing and when we write on a subject the subject attains more clarity in our own mind.

    In your experience, what are the essential qualities and skills that a successful advocate should possess? How have you cultivated these qualities throughout your career?

    An advocate should always post questions and find answers. One needs to develop an analytical bent of mind and logical thinking. Reading and research is essential in legal profession. One should not forget that law is based on logic and necessity. One has to think out of the box to get relief for their clients. You have to give advice to your clients based on what is in best interest of your client and have to win the client’s trust.

    The legal landscape is constantly evolving. How do you stay updated with the latest developments and changes in the field? Are there any specific resources or strategies you would recommend to aspiring lawyers?

    One has to keep oneself updated with regard to legal and economic developments in his field of practice. For commercial litigation one should go through business newspapers and magazines to understand new issues that are arising in the business field and should work on solution for the same.

    Can you share a memorable case or moment from your career that has had a significant impact on you personally or professionally? How did it shape your approach to practicing law?

    Every matter has its own importance and you learn new things from each and every matter. The quality of the legal profession is that you face new challenges in every matter and you never feel monotonous. In my collage days I was interning with Mr. Sidharth Luthra, Senior Advocate, at that time Mr. Luthra was handling matter on behalf of Facebook. In that matter I learnt on what arguments a lawyer should focus and how a lawyer has to cover the weaknesses of the case, while arguing a matter before court.

    Based on your knowledge and experience, what advice would you give to fresh law graduates who are just starting their careers? What are some important factors they should consider as they enter the legal profession?

    They should understand that there are no short cuts to success in legal profession. For first few years a budding lawyer should concentrate on learning work and developing skills. When they know the work money will start flowing automatically. If they will focus on money part in the initial years then they will not make the progress in the profession they deserve.

    Gin touch with Varun S Ahuja-

  • The legal field is going to be challenging in the start no matter what one may choose to be their practice area- Divya Hazra, International Corporate Lawyer and Co-Founder, Esplora Consulting Law Firm

    The legal field is going to be challenging in the start no matter what one may choose to be their practice area- Divya Hazra, International Corporate Lawyer and Co-Founder, Esplora Consulting Law Firm

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

    Ma’am, can you please tell us about your educational background and how you ended up pursuing law at Columbia Law School?

    I moved to Mumbai in 2008 to pursue my bachelors in law degree from Government Law College (GLC). After graduating from GLC Mumbai I started my career in the real estate team of the law firm Wadia Gandhy & Co. post which I joined the real estate team at JSA during the course of which I also got the opportunity to work on a few corporate deals. It is during this transition that I realised that I truly enjoy corporate law. To further hone my skills in corporate law, I decided to pursue my masters at Columbia Law School, New York where my course work was focused on corporate law.

    You co-founded a boutique law firm in Shanghai tailored to serve Indian multinational companies. What motivated you to establish this firm, and what challenges did you face in the process?

    When I moved to China, I got the opportunity to engage in a lot of business development activities. It is at this stage that I realised that along with being a lawyer I thoroughly enjoyed being an entrepreneur as well which made me want to explore the business side of the legal industry more. This is what motivated me to establish a firm along with my partners from Central Asia and China. 

    The legal industry is extremely competitive as there are so many players in the market. Considering my firm is relatively new in the market, we always have to go the extra mile to gain the trust of our clients to get more engagements from them. This continues to be a challenge but at the same time motivates my whole team to deliver better results.

    During the course of your career, you have had the opportunity to represent large private equity funds, corporations, and banks in domestic and cross-border transactions across China, India and USA. Could you share some of the most memorable or impactful transactions you’ve worked on and the lessons you’ve learned from them?

    While I was working at Trilegal, we represented the Edelweiss Group on an investment of USD 75 Million from Kora Management. This transaction till date has been the most challenging yet impactful transaction for me so far as this investment was spread across multiple business lines under the Edelweiss Group and some being in the financial sector was heavily regulated. The timeline for this deal was also very short which added to the complexity. Despite these challenges, I learnt how to manage strict deadlines and drafted complex deal documents which helped me grow as a corporate lawyer. 

    As for China, my whole experience has been a huge learning curve. Not only does language add a challenge but also having to learn the nuisances of practicing law in a civil law country has been extremely challenging yet exciting at the same time.

    You have been recognized as one of the “Top 10 Women Leaders from China” by Women Entrepreneur Magazine in India. Can you tell us about your experience as a female leader in the legal field and any challenges you have faced?

    Being in an industry which is primarily male dominated is challenging as there are some unconscious bias which exist. However, I think I have been fortunate to have worked with the right people and right team who have always seen the value I can bring to the table despite being of the opposite gender. That being said in a few instances where I have felt that bias, I have not shied away from being outspoken and standing up for what I am deserving of. 

    Lastly, based on your experiences and success in the legal field, what advice would you give to fresh graduates who are considering a career in law?

    The legal field is going to be challenging in the start no matter what one may choose to be their practice area. It is however through consistency and hard work that you can excel in the field of law. Like they say “there are no short cuts to success” and in my experience this is particularly true if one is considering a career in law. 

  • I believe the important lesson for any fresh graduate “is to be humble”-Talha Abdul Rahman, Advocate on Record, Supreme Court of India

    I believe the important lesson for any fresh graduate “is to be humble”-Talha Abdul Rahman, Advocate on Record, Supreme Court of India

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

    Sir, could you please share with us how you decided to pursue law as a career and what inspired you to take this path?

    To begin my professional story, I must start in Faizabad, where I grew up. Faizabad did not have many great educational opportunities, which led me to relocate to Lucknow. As a teenager, computer science, and technology generally, engrossed me and was all set to study computer science engineering. However, towards the end of Class XII, I had begun to take great interest in work that involved a more people-centric approach and leadership positions. I became increasingly interested in works that could affect people in a very personal way. Naturally, I veered toward the law. Of course, my family was surprised by my decision and  I did face resistance. Here was a bright student who could have potentially entered a great engineering college and secured his life or, at least, this is how my family saw it back then. My family did not consider law to be a profession of choice.

    Was it a rebellious decision to study law? I would say, yes. You see, the law was not as popular a course as it is today. And my mini-rebellion had to be tempered by studying law at the best place one could find in India. NALSAR fulfilled this criterion and with my family’s blessings, I got into NALSAR in 2003 and really enjoyed the next 5 years. I enjoyed law and legal studies and was almost smitten by it.  I am glad that I followed my heart and pursued law.

    Right after my graduation, I was offered the Shell Chevening Centenary Scholarship to study for a bachelor of civil laws (BCL) at Oxford University in 2008-2009. My time in Oxford grounded me in the law – overall it was a very humbling experience.  Until now, my most significant revelation has been the recognition of the vastness of the law as a discipline and  the extent of my ignorance. 

    The seminar system employed at Oxford acquainted me with distinct fields of study and acquainted me with fundamental concepts and ideas. These subjects were subsequently explored in greater detail during tutorials. Such a process necessitated diligent reading, and assimilation of cross-jurisdictional legal thoughts.

    Thereafter, I came to India and began work in the dispute resolution team at AZB & Partners (Mumbai), where I had the occasion of working with the very best litigators that a lawfirm in India had to offer. 

    I passed the Advocate on Record (AoR) Examination in 2017.

    You have a broad range of experience in different legal domains. Can you share with us how you gained exposure to such diverse areas of law?

    I have never tried to confine myself to any particular subject within the broad field of law. Obviously, there are areas within this broad field that I find more relevant or more interesting, but each area has its own charm—whether it be taxation law, dispute resolution, constitutional law, environmental law, commercial law, or criminal law, etc. The law is quite fluid. Indeed, as lawyers, we deploy disparate sources and subjects to put forth a particular interpretation of the law. It requires being insightful about a subject, but also to have a broadside view of the entire field. You should be able to see where your argument fits in the grand scheme of things – especially when law itself is fluid. In other words, one should not miss the forest for the trees. 

    My stint at AZB & Partners in Mumbai helped me familiarize myself with the various facets of dispute resolution and developing a solution oriented approach to working. Back in Lucknow, litigation work was varied, which involved everything from labour law to pure commercial law.   While at AZB, I was still guided by seniors; but at Lucknow with a different set of clients I had greater creative freedom. 

    Similarly, working in the chambers of former Solicitor General of India, Mr. Gopal Subramanium, exposed me to practical work in commercial, constitutional, criminal, and arbitration matters. I think, largely because of Mr Subramanium himself appeared in all kinds of matters, I began to assist him in variety of matters and eventually developed a practice that is diverse. 

    Could you talk to us about a case that you handled that was particularly challenging and how you managed to navigate through it successfully?

    Most cases in the Supreme Court come with their own set of challenges. One case that I particularly remember was the case concerning a town planning scheme in Raipur.  It was one of my earliest cases before the Supreme Court. After the first hearing, Mr. Subramanium who along with Mr Huzefa Ahmadi was leading us, advised us to get a complete record of the case running into several hundred pages and to make sure to have examined every page for legal points.  We managed to navigate through the case because we were very thorough with facts; and consequently managed to get the Supreme Court to decide the law also in our favour. It’s a different matter that the Government brought an ordinance to dilute the impact of the judgment. 

     As young lawyers, and perhaps even otherwise, we cannot neglect the facts and going through every page in the file is a necessity.

    As someone who has represented clients before both the Supreme Court of India and other courts, what are some of the differences in the approach that you take when representing clients in different courts?

    There is a marked difference in approach. This is primarily down to the nature of the jurisdiction of each court. Every step in a case is crucial and the approach differs in terms of the nature of arguments presented. First, the Supreme Court is the highest court in the land, and it is the final court of appeal. This necessitates a different approach than what you would normally take before a high court or a tribunal. This different approach entails finding out the error committed by the court below and identifying which point to place first. The window of presenting your argument is very short; and any delay or error in identifying the correct points worthy of Supreme Court’s interference is fatal. Even when questions of law are wrongly decided by the High Court, the Supreme Court may not want to interfere given the facts of a case.

    Second, in High Courts, the facts matter a little more; and on account of the obligation to give reasons – the hearing is also a bit elaborate.  Thus, the different approach is more down to the role of each court.

    I must point out that a counsel must be fully prepared no matter where the case is listed, because the basics remain the same.  When it comes to time, I feel that courts follow a pyramidical structure where the most amount of time is taken before the trial court and High Court.  In some cases, this is upset as well – which results in error which the Supreme Court then needs to correct. When this case goes before different courts, one needs to be mindful of the rules and legal principles that govern the jurisdiction and powers of the said court.  

    Can you share with us your experience working as a Junior Standing Counsel for the Income Tax Department and the Directorate of Revenue Intelligence?

    I was appointed as Junior Standing Counsel for Income Tax Department before the Allahabad High Court at the age of 26. In 2017, I was also appointed by the Government of India as Junior Standing Counsel of Directorate of Revenue Intelligence before the Delhi High Court.

    As a Junior Standing Counsel for the Income Tax Department and the Directorate of Revenue Intelligence, I was responsible for representing the Government of India in various legal proceedings, including litigation in the High Courts and the Supreme Court. I also provided legal advice to the Government on a variety of tax and revenue matters.

    My work as a Junior Standing Counsel was challenging and rewarding.  One thing that stands out is that while working with Income Tax Department as well as DRI, the officers are up to date with facts and sharp with law. They instructed me and for that matter all counsel generally pretty well. I enjoyed the professional approach that officers had while briefing their counsel.

    I had the opportunity to work on a variety of complex and high-profile cases, and I learned a great deal. I also had the opportunity to work with some of the best lawyers in the country. More importantly, I gained considerable experience by understanding the perspective of the state when it litigates before courts.

    What do you think are some of the essential skills that a lawyer must possess to be successful, and how have you developed these skills throughout your career?

    A lawyer is an amalgam of knowledge and communication skills. If you lack either, you are not a complete lawyer. Building a repository of knowledge requires a lot of sustained reading, and reading not just the law but various other subjects as well; and above all, listening. Writing comes next. Therefore, reading good texts and even well-written novels will help improve your vocabulary and the way you frame sentences – keeping in mind the audience.   Skills of critical thinking and analysis, are subsumed in the skill of acquiring knowledge.

    The other skill is communication, which comes in various shapes and sizes. From writing emails, to letters, to applications, to pleadings – we, lawyers write many documents, and in addition engage in serious oral advocacy – which again is a form of communication.  Lawyers need to be able to communicate effectively with judges, lawyers, clients, and even the general public. This includes being able to write clearly and concisely, and to speak persuasively. I developed these skills through my education, both at NALSAR and Oxford, through watching my seniors and peers, and inculcating the values of professionalism and hard work in my own work as an advocate. Having said that, I continue to work on it.

    Could you talk to us about any particular legal issue that you are particularly passionate about and why?

    I recently worked on the legal issues surrounding citizenship. I am fascinated by its legal conception and how the idea of citizenship has evolved over the years and its link to other rights. Hannah Arendt called citizenship “the right to have rights.” Arendt was skeptical about the concept of human rights—which, in theory, belong to every person but we are not sure how these rights are to be guaranteed. What role does the law play in securing rights to people is what fascinates me. The taking away of citizenship renders people stateless, a person who is not considered as a national by any State under the operation of its law. Statelessness often has a severe and lifelong impact on those it affects. They have little access to basic needs of life. I have written about the power of the state to render a person stateless, to strip them of citizenship and its attendant rights. In my paper titled, “Identifying the ‘Outsider’” in The Statelessness & Citizenship Review, I analyzed the law and the manner in which different courts addressed the issue of statelessness. The paper concluded that the framework of adjudication by Foreigner’s Tribunals does not constitute effective adjudication under the Constitution of India.

    Finally, what advice would you like to give to fresh graduates who are starting their career in law?

    I believe the important lesson for any fresh graduate is to be humble. This means treating everyone with utmost respect and humility, and to learn from everyone you come across. I have learned that you can gain valuable insight in the most non-traditional situations and from people you probably would not classify as “well-read”. When I started, and even today – I still often paginate petitions, correct typos, be corrected by junior and senior colleagues at the Bar, and take criticism with humility. 

    Shining on account of your work, wisdom and merit – continues to be one of the best ways to get work as a lawyer – despite what LinkedIn may suggest. It is important to be visible but the boundaries of ethics must never be breached. Where possible, attend various events for the sake of knowledge and reach out to lawyers in your area of interest. Building a relationship is important. 

    One also must learn to be patient, both with others and yourself. It takes time to build a successful career as a lawyer. Don’t get discouraged if you don’t find success right away. But you must put in the hard work and develop skills a lawyer must possess to succeed.

    Lastly, be passionate about the law. If you’re not passionate about the law, it will be difficult to succeed in the legal profession. Make sure you’re committed to the law before you pursue a career in it. One must have an attitude that if one lives a hundred years, one will learn a hundred years. Each day must be filled with some new judgment, principle, proposition, law, book, or an article that enhances your understanding of the law – or generally learn something new every day.

    Get in touch with Talha Abdul Rahman-