Super Lawyer

Tag: Maritime law

  • “As an aspiring maritime lawyer, it will be important to not only master the centuries old prevailing foundational principles but also stay ahead of the curve and anticipate the significant changes that will reshape the industry.” – Harsh B. Buch, Advocate at Bombay High Court.

    “As an aspiring maritime lawyer, it will be important to not only master the centuries old prevailing foundational principles but also stay ahead of the curve and anticipate the significant changes that will reshape the industry.” – Harsh B. Buch, Advocate at Bombay High Court.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Being a first-generation lawyer coming from a completely non-legal background, how did you manage to switch from a computer science background to practising law? What motivated you to pursue a career in law? Has your scientific background enhanced your legal career? Tell us more about your journey into legal practice.

    When I first pursued a qualification in computer science, it was due to crumbling to parental expectations. Coming from a non-legal background, my parents valued practical, well-defined career paths as a sensible choice to shape one’s future. However, From an early age, I’ve always been deeply intrigued by the role of law in shaping society. Growing up, I was fascinated by how laws, policies, and constitutions are the backbone of societal order, and how they impact every aspect of life—whether it’s the protection of individual rights, the regulation of business, or the principles of justice that guide decisions in courts. Upon Completion of my Bachelor in Computer Science, I defied all advice and pursued law. At the time, this shift wasn’t easily understood by my family. They couldn’t foresee the future potential in me pursuing a legal career. Their lack of faith created significant obstacles, both emotional and practical. Yet, it was through overcoming these challenges that I gained a clearer understanding of my own strengths and aspirations. The process of standing firm in my decision—despite the resistance—instilled in me a confidence that pursuing law was not just a professional choice but the right path for me. Today, I am certain that transitioning into law was the best decision I could have made, both for my personal growth and for my long-term professional fulfillment. 

    One may say, that adamance motivated me to enter and continue my legal practice till date. Additionally, I feel that time spent in obtaining my graduation in science has only made me a more analytical and less presumptive kind of a person. Fortunately, today sitting at the cusp of the tech and law amalgamation in terms of AI intervention, I see myself at least being adequately qualified to address both aspects. 

    Generally, most students decide to pursue higher studies immediately upon graduating, what made you decide to embark on a Master’s Degree almost 8 years into legal practice? What led you to choose World Maritime University (WMU) for your LLM, and how does it stand out from other universities offering the same specialisation? 

    Upon becoming a qualified lawyer, I was eager to dive straight into practice. I wanted to gain real-world experience and court craft as well as build a foundation of professional expertise. Over the years, as I grew in my legal career and personal life with a wonderful wife and children, I realised practical experience is invaluable, however, there are areas of law—particularly in specialised fields—that require a deeper academic understanding. I have always believed that lifelong learning is essential in a profession like law, where the landscape is always changing. Gaining new perspectives, learning from leading experts, and engaging with academic research would not only enhance my legal practice but also contribute to my professional development. A Master’s degree would provide me with the opportunity to focus on these areas and refine my skills in a way that a purely practice-based career may not easily provide. Taking up this step amidst work commitments and a growing family was not just difficult but also tasking, however, superlative support from my wife helped me breeze past the course. Looking back, I think the support and time I received from my wife was also one of the main reasons I could dedicate my attention which returned with being awarded as the valedictorian of my batch. 

    Several universities of international repute and industrial recognition offer the expertise I was to pursue. WMU being one of only two affiliated and endorsed universities by the International Maritime Organisation not only seemed the right choice at this time in my professional career but also seemed to be the one aligning the most with my requirements. Today, WMU’s illustrious alumni includes dignitaries like the Secretary General of the apex authority; International Maritime Organisation and several King’s Counsel conducting maritime law matters across the world. Enrolling at WMU has provided for an unparalleled and second-to-none network of individuals strategically placed in the Maritime Industry which today has boosted my legal practice not just in India but internationally as well. 

    You were awarded the coveted Richard Charvet Scholarship at WMU, could you share the significance of receiving the Richard Charvet Scholarship and the criteria for this recognition, especially for aspiring students?

    The Worshipful Company of World Traders, London annually awards the Richard Charvet Scholarship, and it is awarded to the best student specialising in Maritime Law and Policy. The criteria are based on the efforts infused into the dissertation submitted which is evaluated for the potential contribution the dissertation offers to the International Maritime Community. My dissertation was based on the future of International Collision Regulations and their applicability on Autonomous Ships and potential recommendations Fault Recognition for Apportionment of Liability and deviation from traditional practices once Autonomous Vessels start plying the seas. This dissertation was largely supported by Retired Admiralty Judge of English High Court, Sir Richard Teare and the Western Command of the Indian Navy. My dissertation seemed to align with the criteria, and I was awarded the scholarship.

    In your years of practice, you have worked with various lawyers and law firms early in your career, what experiences during this time were particularly formative, and how did they shape your legal practice?

    My early years in legal practice were crucial in shaping the lawyer I am today. The diverse range of experiences I have had working with different lawyers and law firms in both Mumbai and Delhi have been instrumental in that development. Each firm and each mentor offered something unique which I have inculcated in my practice and at times, these traits of my seniors are even obviously visible in my conduct, practice and preparation.

    “Choose your first boss” was Mr. Sameer Tapia’s life changing advice during my interning days at ALMT Legal commenced my legal career at an esteemed law firm with excellent exposure. He mentored me as to how to conduct oneself as a lawyer, this singular aspect itself has taken me multitudes ahead in my practice. My official communication resonates with his style and poise even today. Another particularly formative experience was my apprenticeship under Senior Counsel, Mr. Vineet B. Naik. A lawyer with  an exceptional ability to view cases not just from a technical or procedural perspective, but with a focus on the broader strategic goals of providing necessitated and/or favourable orders. I learned from him the importance of considering the long-term implications of legal decisions and yes, impeccable court craft. I have learned the skills of Negotiations and Assessment of risks from Mr. Zulfiquar Memon from my time at MZM Legal. This holistic view of advocacy helped me to understand that the role of a lawyer extends beyond simply providing legal advice; it’s about guiding clients through complex situations with foresight and creativity.

    I quickly learned that the legal profession is as much about human interaction as it is about legal knowledge. The ability to translate complex legal concepts into clear, actionable advice for clients has been one of the most valuable skills I’ve developed over time. 

    Each of my associations in the past have only made me a stronger and legally balanced lawyer. 

    You have conducted matters in international jurisdictions like representing cargo interests in Egypt for a vessel arrest and assisting a foreign entity in setting up its Indian Shipping business. Could you describe your approach to handling such varied nature cross-border matters and how do you prepare for the same?

    Let me be candid, most of my international mandates are not closed by me alone. I have always believed that if someone is better experienced than you at something, accept it abreast, learn from the experience and be ready to tackle it individually on the next occasion. The representation of Indian cargo interest in Egypt was a product of the latter attitude and the Directorate of Shipping compliant shipping business in India is a product of the former attitude. Thankfully, for both of these mandates, my counterparts in the relevant international jurisdictions were fellow WMU Alumni and this made everything much easier than expected.

    My approach is fairly simple; transparency, honesty and clear expectations from one another, including the clients. However, preparation is altogether a different ball game. Handling a cross-border case requires a unique blend of legal expertise, quick grasping of new jurisdictions and laws, strategic thinking, and cultural awareness. The complexity of such cases often involves navigating multiple legal systems, jurisdictions, and varying regulatory environments, all while considering the interests of clients. The first step in preparing towards handling a cross-border assignment is to conduct a detailed analysis of the legal frameworks in each relevant jurisdiction. Application of international treaties, national regulations, or bilateral agreements—and assessment of any potential conflicts of law or political/geopolitical implications. I always recommend local counsel collaboration to ensure seamless and favourable completion of international mandates.

    Despite specialising in Maritime Law and Commercial Disputes, you have often conducted matters arising from various other aspects of law like Energy Law, Testamentary matters and General Litigation, how do you still generate specialisation specific business?

    While I do handle a diverse range of legal matters across different areas, my focus remains on building a strong reputation within my core areas of specialisation—Maritime Law and Commercial Disputes. The breadth of my experience complements my specialisation and helps me generate business in these areas by showcasing my versatility and ability to offer a more comprehensive legal service to my clients. The key is not just to handle diverse types of legal work but to be available to resolve all legal issues faced by your clients. I continue to pursue academic and professional learning in my sphere of interest to remain relevant both professionally and commercially. 

    After working with several law firms, what inspired you to start your own practice, and what were the initial challenges you encountered in establishing it?

    Legal practice is dynamic in nature. Each of my decisions have always been towards ensuring I conduct my practice more efficiently. I also feel that legal practice, per se, inherently, is always individualistic and it is only how you contribute with it that matters. Either collaboratively through firms or individually through independent practice. My dream, from the time I nurtured the fantasy of pursuing law, is rocking in a leather bound chair in my chamber. Even today, that vision inspires each of my decisions. However, this may change if I am able to serve my purpose better by collaborating my practice. I dare say that in time spent in the firms I have lost my individuality. 

    With regard to challenges one may encounter in independent practice, they are too many to enumerate. Financial instability, near depression level when work stress surmounts are only tips of the iceberg. Business generation itself is one of the strongest walls to break. Individual practice suffers from a palindrome like curse. Only when business is garnered will a lawyer excel but how will business be garnered without the lawyer getting a chance to show his skills? Patience is the biggest virtue that independent legal practice teaches. I have seen my nails grow waiting for work to come in. On the other hand, As you sow, so shall you reap is something that has never resonated better with Independent Practice. Each honest day’s effort will be rewarded in multiples. 

    What has been the most intriguing case you’ve handled in your career by far, and how did you prepare for it?

    Each case brings its elements of intrigue with it. However, from my recent assignments, pursuing a vessel for fraudulent delivery of cargo in South American port of Brazil seems to top the list. As an individual representing a partial load of cargo on a bulk carrier, I had to embark on a journey of investigations, detections and seek constant support of local authorities to be able to track the defaulting vessel. While the matter remains to be resolved, the initial part of lodging a maritime claim in an absolutely blindfolded manner seems the most challenging for me. I cannot thank my client who placed their trust in me to pursue this. 

    As someone who conducts workshops and lectures on legal awareness, what advice would you give to young lawyers and law students aspiring to excel in maritime law?

    Maritime law, in the coming years, undoubtedly is set to witness major transformations. As an aspiring maritime lawyer, it will be important to not only master the centuries old prevailing foundational principles of maritime law but also stay ahead of the curve and anticipate the significant changes that will reshape the industry. Autonomous ships, digitalisation of shipping processes, and the implementation of electronic bills of lading are poised to fundamentally alter the landscape of the industry. 

    For any young lawyer entering maritime law, understanding these technological changes and being well-versed in the legal implications of these innovations will be essential to staying relevant in the field. With the growing emphasis on environmental sustainability, stricter regulations on emissions, and the push for decarbonization, maritime law is becoming more intricate than ever before. As a young lawyer, one must be prepared to constantly adapt to these changing regulations. 

    In addition, geopolitical issues like piracy and regional conflicts, which are seeing an unusual rise, require maritime lawyers to be highly adaptable. These conflicts not only affect shipping routes and security but also raise complex legal challenges in areas like insurance, risk management, and international law. Being ready to adjust your approach based on evolving legal frameworks and political situations is critical. Young maritime lawyers must develop the ability to think flexibly, keep abreast of international regulatory changes, and understand how these shifts can impact shipping operations and dispute resolution. The future successful maritime practice will mean pursuing matters pertaining to sustainability, electronic data fraud and the sci-fi fantasy man vs machine conundrum almost becoming reality.

    With such demanding work commitments, what are your go-to methods for unwinding and relaxing after a busy day?

    A reassuring warm smile from my wife and the chirruping of my children calling out my name! Although beyond my practice, I love travelling and taking road trips whenever I can and, yes, Pink Floyd.

    Get in touch with Harsh B. Buch –

  • “Law was always a calling for me; the discipline, the analytical rigor, and the opportunity to impact society resonated with my drive for meaningful work.” – Manisha Tiwari, Advocate at Bombay High Court and Partner at International Maritime Law Chambers.

    “Law was always a calling for me; the discipline, the analytical rigor, and the opportunity to impact society resonated with my drive for meaningful work.” – Manisha Tiwari, Advocate at Bombay High Court and Partner at International Maritime Law Chambers.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With over a decade of experience in various areas of the law, was law a planned career path for you, and what inspired you to specialize in corporate law, particularly in the maritime and international trade sectors?

    Law was always a calling for me; the discipline, the analytical rigor, and the opportunity to impact society resonated with my drive for meaningful work. My journey to specialize in corporate and maritime law, however, was shaped by my academic background and early exposure to international trade’s vast complexity. Earning my LL.M. in Maritime Law from the Indian Maritime University, where I graduated with a Silver Medal, gave me a solid foundation in both theoretical and practical aspects of maritime law. Corporate and international trade law present a unique set of challenges and rewards that only a global, multidisciplinary approach can address. This field offers a constant intellectual challenge and an opportunity to work at the intersection of law and global business, which I find immensely fulfilling.

    What do you consider the most pressing legal challenges that companies in the shipping and maritime industries face today, especially in the context of cross-border trade?

    Today, maritime companies are navigating a minefield of legal challenges, with compliance and risk management at the forefront. Companies face increasingly stringent environmental regulations—compliance with IMO standards on emissions, for instance, is now critical. Global trade tensions have also intensified the need for adaptable legal strategies, as tariffs, sanctions, and embargoes add layers of complexity to cross-border trade. Additionally, cybersecurity risks are an urgent concern as shipping operations become more digitized, making robust data protection policies and crisis management strategies essential. Having represented clients in international arbitration and cross-border disputes, I’ve seen firsthand how preparation and adaptability are key to meeting these multifaceted challenges.

    Given the evolving nature of corporate governance in India, how do you advise shipping and maritime companies to navigate compliance with both Indian and international regulatory frameworks?

    In today’s regulatory environment, I advise maritime companies to adopt a comprehensive compliance strategy that harmonizes Indian laws with international requirements. With my background in both Indian corporate law and international maritime regulations, I focus on creating frameworks that meet the stringent standards of bodies like the IMO while aligning with Indian regulatory mandates. Regular training and internal audits are invaluable for keeping teams aware of emerging compliance needs. It’s also critical for companies to build relationships with regulators and industry experts, as this fosters an environment of mutual understanding that aids in anticipating and preparing for regulatory changes.

    You have extensive experience in international arbitration. Can you discuss a particularly complex international trade dispute that you’ve been involved in, and the strategies you used to achieve a favourable outcome for your client?

    Well, there are many, but I’d like to share a notable case involving bunker fraud. This was issue with regards to the time charter party, where charterer hired a vessel on a six-month time charter, incurring losses exceeding million dollars due to severe underperformance (over consumption of fuel). Complicated by a penalty clause for early termination, the charterer sought expert guidance to mitigate potential legal risks.

    Our investigation uncovered a Cappuccino bunker fraud conspiracy (cappuccino effect is a type of fuel fraud that occurs when compressed air is introduced into fuel delivery hose during bunkering) involving the ship management company, bunker supplier, and crew. We responded with strategic, multi-jurisdictional legal action: 

    – Initiated criminal proceedings against the supplier in its concerned jurisdiction.

    – Filed parallel arbitration for damages against the owner and ship management company according to Charterparty Arbitration Clause. 

    – Secured the arrest of a sister vessel in admiralty to ensure payment.

    These coordinated efforts across three jurisdictions prompted the respondent to settle, securing justice and recovering our client’s losses. 

    How do you balance your dual roles as a practicing lawyer and a faculty member teaching maritime law? What are the most common gaps in legal knowledge relating to maritime law that you encounter among students and professionals, and how do you address these in your teaching?

    Balancing a legal practice with teaching at institutions like the Indian Maritime University and Narottam Morarjee Institute of Shipping requires a structured approach. Both roles feed into each other: my practice enriches my teaching, allowing me to bring real-world cases to the classroom, while teaching helps me stay sharp and analytical. One common gap I observe is a limited understanding of the global regulatory landscape—students often lack context on how international treaties like UNCLOS and IMO conventions interact with national laws. I address this by emphasizing a global perspective in my lectures, encouraging students to think beyond national boundaries, as maritime law is inherently international. This perspective prepares them to handle the legal and regulatory complexities they will encounter in practice.

    Given your extensive experience in Corporate, Shipping/Maritime & International Trade Law, what motivated you to become a Partner at International Maritime Law Chambers, and what were the initial challenges you faced?

    Joining International Maritime Law Chambers as a Partner was motivated by my commitment to advancing the field of maritime law in India and beyond. As a Partner, I wanted to not only lead complex cases but also mentor young lawyers interested in this specialized area. Initially, building a team that could meet the high standards we set for international arbitration and complex cross-border cases was challenging. Developing a reputation for excellence required establishing trust with clients, consistently delivering favorable outcomes, and positioning our firm as a trusted advisor in high-stakes matters. These early challenges have since translated into rewarding partnerships with clients and an exceptional team dedicated to the firm’s mission.

    How do you balance your corporate law practice and your role as an educator and trainer with your personal life?

    Balancing these responsibilities requires setting clear priorities and respecting my personal time. I believe in structured time management—segmenting the day for client work, research, teaching, and personal commitments. I am fortunate to have a supportive family and a team that enables me to manage my workload effectively. Maintaining a balanced life isn’t just about work—it includes time for self-reflection and rejuvenation, which are vital for sustaining the energy needed in a demanding profession. Ultimately, my roles as a partner, educator, and advocate are deeply fulfilling, as they allow me to make meaningful contributions while honoring my personal values and commitments.

    What advice would you offer to young aspiring lawyers who aim to excel in the field of maritime law?

    For aspiring maritime lawyers, a solid grounding in both Indian and international law is essential. I encourage young lawyers to invest time in understanding treaties, conventions, and the workings of regulatory bodies like the IMO, as maritime law is global by nature. Building expertise in arbitration and cross-border dispute resolution is equally critical, as maritime disputes often require these specialized skills. Finally, cultivate a mindset of continuous learning; maritime law evolves in response to global trade trends, and staying informed will differentiate you in this highly specialized field. As a faculty member, I always remind students that success in this field comes from both expertise and a commitment to lifelong learning. 

    Get in touch with Manisha Tiwari –

  • “Young lawyers should not lose themselves in over planning everything about their career. Work hard, be authentic and allow things to happen.” – Kaushik Sochannam, Managing Partner at Sochannam Legal Indian Advocates.

    “Young lawyers should not lose themselves in over planning everything about their career. Work hard, be authentic and allow things to happen.” – Kaushik Sochannam, Managing Partner at Sochannam Legal Indian Advocates.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Having extensive experience in shipping, insurance, commodities, and international trade, can you walk us through the journey that led you to choose law as a career and to specialize in these areas?

    My decision to study law was an unplanned act of desperation based on a two-minute argumentative interaction with women’s rights lawyer Flavia Agnes who visited KC college (where I was pursuing BSc – Statistics and Economics) to conduct a seminar on women’s rights. During the discussion, Flavia touched upon the topic of martial rape of wife by the husband. The impatient rebel in me promptly asked her whether the wife could be guilty of martial rape when the husband didn’t want to have sexual intercourse. This interaction with Flavia and her articulation stayed with me.

    When I completed my Bsc – Statistics and Economics, I realised that as much as I enjoyed statistics as a subject, I was not good at it. pursuing it further would be a torture that I preferred to avoid. I had to tell my parents that I was pursuing higher studies to get them off my back!!!   

    Right next to KC College was KC Law College. I recollected my discussion with Flavia Agnes which I found intellectually refreshing. In an act of desperation (or a leap of faith) I decided to apply for admission at KC Law and secured my seat!!! That’s it. No research, no carrier prospects analysis, no guidance counsellor, never met a lawyer previously, neither saw a court room nor did I know how a court room looked, no idea what a solicitor/counsel meant!!! etc. I was the antithesis of what most prospective law students went through when they enrolled in law school and what most law students endure today!!!     

    To be honest, I did not choose to specialize in shipping and insurance law. Shipping law chose me. I would like to think that.  During law school, I was eager for internships to gain experience. I was sending my CV wherever I could to secure an internship. I received a call from Crawford Bayley for an interview. I met the partner who asked me a few generic questions. He asked me to join the next day. While leaving his office, I asked him what law he practices. He said shipping. I said, cool!! I am doing shipping law now. That’s it. No grand plan or scheme was hatched. I stumbled into the field of shipping law!!

    You have worked on admiralty cases across Indian courts. Could you share one of the most complex or interesting cases you have handled in the admiralty space?

    There are so many. A case involving the Salgaocar Group and Goldgen Ocean Group involving ani-suit injunctions against English court proceedings, arrest of vessel in South Africa as security and eventual settlement on favour of the client. 

    Another case involving European creditors against a fleet of vessels controlled by Jaisu Shipping. This involved the arrest of their entire fleet in India, dealing with multiple creditors, challenging port claims, priority of claims and arriving at a resolution where my clients made a full recovery of their claims from the sale proceeds.  

    Allison incident with a chemical jetty where shipowners were straddled with inflated claims. This was one of those cases where you delve into root case analysis, construction path analysis, remoteness of damages, delay analysis, liability in tort, contract and statute. At the end of the journey, the owners were not held liable for any of the claims made by port authorities. 

    In your experience, how has the legal landscape surrounding maritime law in India evolved in recent years, particularly in terms of regulation, enforcement, and the role of the courts?

    The biggest change in the legal landscape is the Admiralty Act, 2017. The Admiralty Act 2017 vested more high courts with admiralty jurisdiction. Previously, it was only the chartered high courts and their successor courts that were vested with admiralty jurisdiction. In terms of substantive legislation, regarding maritime claims and liens, we are following Arrest Convention, 1999 with some variations. 

    Could you share some of your experiences from the early years of your practice as an associate that helped shape your career? And, after almost five years of working with a law firm, what motivated you to establish your own practice? What were some of the key challenges you encountered in the initial stages?

    Looking back, the early years in the profession were exciting, challenging and rewarding. Challenging in part – as I was argumentative, impatient, and blunt without due regard to the person I was dealing with. I was fortunate enough to have worked with Ananjan Mitter at ALMT Legal who encouraged me to soften the rough edges of my personality. His guidance helped me a long way in adjusting to the requirements of the profession. I am indebted to him. The biggest take away from those years – the profession is about people. Dealing with people in an honest, fair and respectable way goes a long way in getting things done.   

    Ananjan decided to pursue other interests and left the firm. I was at crossroads in terms of where I wanted to be. At that point, I did not see myself in the law firm architecture. I was securing decent amount of work through my contacts.  In a leap of faith or madness, at the age of 29 in the year 2013, I set up my private practice under the banner – Sochannam Legal. I sought freedom and had a load of dreams.  In return, I received a rewarding roller-coaster ride that I would not trade for the world!!!  

    The key challenge when setting up practice is migrating from just servicing a client to managing and servicing the client while keeping in mind the value for the services you are offering. It’s a 360-degree role. Private practice is not meant for everyone. Once you endure the practice for a few years, you get a hang of it. 

    How do you manage the complexities of different legal jurisdictions and international laws when handling maritime cases that involve multiple parties across borders?

    Research, research and more research. Speaking with lawyers in other jurisdictions to understand how things work there. You start from a position of understanding what you do not know and then work towards finding answers to them.  

    When dealing with parties across multiple jurisdictions, it is always good to understand the culture they come from. Every culture is unique. Understanding another culture (without being judgmental!!) goes a long way in dealing effectively with clients and parties. 

    You have significant experience in handling arbitrations related to COA disputes, Off-hire disputes, charterparty disputes, and demurrage. What strategies do you find most effective when preparing for and managing arbitration proceedings in these areas?

    1. Get the facts right.
    2. Provide documentary proof for damages. Especially in cases of repudiatory breach of charterparty/COA. Depending on the market situation, these claims can go into millions of $$. 
    3. There are many reasons for demurrage and dispatch claims.  When your clients are relying on adverse weather to defeat demurrage claim, make sure there is adequate documentary proof to demonstrate adverse weather. Vanilla weather reports won’t do. The weather report will be unique to the location of the weather station. The moot point will be if the weather was prevailing at the port.    

    Given your experience in corporate structuring, particularly when advising companies looking to set up operations in India, what are the most critical legal considerations for international businesses entering the Indian market?

    The critical issues are FEMA compliance and sectoral caps. Restrictions on foreign shareholders. Whether they intend to form a wholly owned subsidiary or form a Joint Venture company with a local partner. In which case, shareholding interest in the JV company plays a significant role. Assessing consequences of DTAA which may impact the operations in India and the global parent company. Repatriation of profits.    

    What advice would you give to a young lawyer starting out in the areas of shipping, insurance, and international trade law?

    After a year/two into the practice, young lawyers should ask themselves if they really like this area of law. If they do not, they should be honest enough to admit it and be open to make changes to their career path. These days, a lot of aspiring lawyers at very early stage of their career set their agenda in the profession. This is good when there is clarity of thought. In most cases, it is based on insufficient information, and this is where people get stuck.   

    It serves no purpose to do something you do not like. In my case, I knew I was not good at statistics though I enjoyed it. I took a chance and decided to study law and got involved with shipping. The journey has been enriching and rewarding. More importantly, young lawyers should not lose themselves in over planning everything about their career. Work hard and allow things to happen. Be authentic and don’t be an imitation!!! be open to change!!!

    Get in touch with Kaushik Sochannam-

  • “The most important to excel in the legal field is to seek mentorship by connecting with experienced lawyers. Also, be open to changing your mind as you gain more experience” – Monika Bhatelia, Associate Partner at Singhania & Co LLP.

    “The most important to excel in the legal field is to seek mentorship by connecting with experienced lawyers. Also, be open to changing your mind as you gain more experience” – Monika Bhatelia, Associate Partner at Singhania & Co LLP.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Can you tell us about how you began your career in law and what led you to do law and specialize in commercial litigation, arbitration, and maritime law? Please allow us to walk through your journey.

    During my undergraduate law studies, I discovered a fascination with the legal aspects of business. An internship at a law firm provided invaluable practical experience, sparking a passion for advocating justice. As I explored various legal areas, my conviction grew. Commercial litigation, arbitration, and maritime law perfectly merged law and commerce, captivating me. The dynamic nature of commercial disputes and solving complex problems drew me in. Specializing in arbitration enabled efficient conflict resolution outside the courtroom, benefiting businesses. Maritime law’s international trade and unique challenges further solidified my interest. My journey toward specialization was driven by curiosity and a passion for justice. Working on diverse cases reinforced my dedication to honing skills in these fields.

    Maritime law is a unique area of practice. What drew you to admiralty and maritime matters, and what are some key insights you’ve gained from dealing with ship arrests, maritime liens, and international arbitration?   

    My fascination with admiralty and maritime law has been sparked by the intricate and global nature of this field. The convergence of law with international trade, shipping, and commerce presents distinctive challenges and opportunities. Through my involvement in ship arrests and maritime liens, I understood the critical role these legal mechanisms play in safeguarding the interests of creditors in a swift, high-stakes environment. Grasping the intricacies of jurisdiction and the interaction between various legal systems is essential, given that maritime cases often span multiple countries. 

    Given your extensive work with the Insolvency & Bankruptcy Code (IBC), what challenges have you encountered in insolvency matters? How do you think the IBC has transformed the legal landscape in India?  

    Let me tell you, working with the Insolvency & Bankruptcy Code can be quite a rollercoaster ride. One of the major challenges I’ve encountered is navigating through the complex legal framework and understanding all the intricate details of insolvency proceedings. The code is quite extensive and can be tricky to navigate, especially when it comes to interpreting certain provisions and their implications. It’s like diving into a maze sometimes, trying to figure out what steps to take next. There’s always pressure to meet tight deadlines and adhere to strict timelines laid out in the code, which can be stressful at times. 

    The Insolvency and Bankruptcy Code (IBC) has been a game-changer in India’s legal landscape by providing a more structured and efficient framework for dealing with insolvency cases. With the introduction of the IBC in 2016, companies now have a more streamlined process for resolving insolvency matters, which has significantly reduced the time taken to complete such proceedings. 

    The lBC has also brought about increased transparency and efficiency in insolvency proceedings, creating a more favourable environment for both creditors and debtors. Additionally, the IBC has encouraged a culture of accountability among businesses, as it mandates timely resolution of insolvency cases to prevent financial losses for creditors. Overall, the IBC has transformed the legal landscape by providing a faster and more effective mechanism for resolving insolvency cases efficiently.

    Your work involves representing cases in various courts, including the Bombay High Court, City Civil & Sessions Court, NCLT/NCLAT, and Family Court. How do you prepare differently for civil suits versus arbitration or family law matters?  

    Preparing for civil suits, arbitration, and family law matters requires tailored approaches due to their distinct legal frameworks and procedural requirements.

    When it comes to civil suits, my focus is on gathering comprehensive evidence, drafting detailed pleadings, and understanding the applicable laws and precedents. Court procedures, such as discovery and witness preparation, are crucial aspects that require meticulous attention. This often involves extensive research and documentation review to build a strong case.

    In the case of arbitration, the emphasis shifts towards confidentiality and efficiency. I prepare by thoroughly reviewing the arbitration agreement and focusing on procedural rules specific to the chosen institution. Developing persuasive arguments and preparing for a more informal setting are essential, as well as strategies for cross-examining witnesses.

    Family law matters involve emotions and relationships along with legalities so preparation may involve counselling clients about potential outcomes and helping them navigate complex personal dynamics. While documentation remains important, the approach often leans towards mediation and negotiation to resolve disputes amicably, with a focus on the best interests of any children involved.

    Although the core legal principles may overlap, the strategies and considerations for preparation differ significantly based on the context and desired outcomes. Each area of law requires a unique approach to ensure the best possible outcome for clients.

    As a visiting faculty and someone who frequently interacts with students and freshers entering the legal field, what are your thoughts on the current generation of aspiring lawyers? In your experience, what strengths do they bring to the profession, and in which areas do you think they need to improve or focus more on for their personal and professional development?  

    The current generation of aspiring lawyers is incredibly driven and passionate about making a difference in the legal field. They are eager to learn, and open to new methodologies, which can enhance efficiency in legal practice. Their familiarity with technology and innovative approaches to problem-solving brings impressive strengths to the profession. 

    I am impressed by their passion and dedication to the field, these students genuinely care about making a difference in society through their work. They are tech-savvy, well-informed, and have a strong sense of social justice, which is very encouraging to see. However, there are areas for improvement. One key aspect is the development of practical skills, such as negotiation and client management, which are essential for success in real-world legal practice. I also notice that they struggle with time management skills due to the heavy workload and pressure to excel. Encouraging internships and hands-on opportunities, enabling students to put their theoretical knowledge into practice and cultivate the essential skills needed for their future endeavours. Furthermore, I have observed a deficiency in practical experience among certain students when it comes to real-world legal environments, a crucial element in shaping a holistic comprehension of the field. 

    I am impressed by the dedication and enthusiasm of these aspiring lawyers as they have the potential to bring about positive change in the legal professional no doubt that they will go on to achieve great things in their careers.

    For young lawyers aspiring to build a strong foundation in litigation, what key steps or practices would you recommend they focus on during the early stages of their career to establish themselves in this competitive field?  

    For young lawyers aspiring to build a strong foundation in litigation, several key steps can help establish a successful career

    1. Gain Practical Experience: Seek internships and clerkships with litigation-focused firms. Hands-on experience in courtrooms and exposure to case preparation are invaluable.

    2. Develop Strong Research and Writing Skills: Mastering legal research and effective writing is crucial. Focus on drafting pleadings, motions, and legal briefs to enhance clarity and persuasion.

    3. Understand Court Procedures: Familiarize yourself with the rules and procedures of the courts where you plan to practice. Knowing the ins and outs can significantly impact case management.

    4. Build a Professional Network: Attend legal seminars, join bar associations, and connect with experienced practitioners. Networking can lead to mentorship opportunities and valuable insights.

    6. Stay Informed: Regularly read legal journals, case law, and various updates to remain current on developments in litigation and related areas.

    7.Learn Continuously: Be open to constructive criticism and use it to improve your skills. Learning from both successes and failures is key to growth.

    By focusing on these areas, young lawyers can create a solid foundation for a successful career in litigation.

    With such a demanding career in law, how do you unwind and relax after a challenging day? Do you have any personal routines or activities that help you maintain a healthy work-life balance?  

    Maintaining a healthy work-life balance is essential in a demanding legal career. After a challenging day, I find it helpful to unwind through several activities:

    1. Spending Time with Family and Friends: Engaging in quality time with loved ones helps me recharge and provides a supportive network. I am a mother of a toddler so my little one helps me to recharge my energy completely after a hectic day at work.
    2. Hobbies: I also dedicate time to hobbies like cooking and shopping which provides a creative outlet and distraction from work.

    These routines help me maintain perspective and stay grounded, enabling me to approach my work with renewed energy and focus.

    You’ve worked with renowned legal minds like former justices and senior counsels. Can you share a memorable experience or piece of advice from a mentor that has profoundly influenced the way you approach your practice?

     One memorable experience with my mentor Mr. Pradeep Kumar Jain, the Managing partner of Singhania & Co LLP, He often reminded me that the legal profession is not just about winning cases but also about upholding justice and serving clients with honesty.

    His advice to always consider the broader impact of our work—on clients, the legal system, has profoundly influenced my approach. It reinforced the idea that every case is an opportunity to contribute positively to the legal field. This perspective has guided me in making thoughtful decisions and striving for fairness, rather than merely focusing on outcomes. It’s a principle I carry with me in every aspect of my practice.

    With such a broad spectrum of specializations within the legal field, what advice would you give to young lawyers on the best ways to decide which area of the legal industry they should enter? How did you navigate this decision in your own career? 

    Deciding on a specialization in the legal field can be challenging, but there are several strategies young lawyers can use to find their path:

     The young lawyers should get exposure through internships, clerkships and court work. This hands-on experience can help identify what interest the individual the most. The most important to excel in the legal field is seek mentorship by connecting with experienced lawyers in different specialities. Consider what aspects of law excites you be it advocacy, negotiation or analytical work. The last piece of advice that I would like to share with all budding lawyers is, be open to changing your mind as you gain more experience. Many lawyers find their niche evolves over time. 

    In my own career, I navigated this decision by engaging in diverse experiences early on, which helped me discover my passion for commercial litigation. I was fortunate to have my mentor who guided me, allowing me to make informed choices about my interest. Ultimately combining passion and dedication with practical experience has been key to my journey. 

    Get in touch with Monika Bhatelia-

  • “Spending hours in a counsel’s chamber helps you develop a unique relationship with each counsel, learn their craft, and eventually shape your own style of argument.” – Sanchari Chakroborty, Founder and Partner at SC&A Legal

    “Spending hours in a counsel’s chamber helps you develop a unique relationship with each counsel, learn their craft, and eventually shape your own style of argument.” – Sanchari Chakroborty, Founder and Partner at SC&A Legal

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Reflecting on your journey from your early days, could you share what inspired you to pursue a career in law? Additionally, what were some of the challenges you encountered during your initial days in the legal profession, and how did you overcome them to carve your path to success?

    Looking back, I can’t claim to have been an exceptional student in school or college. I couldn’t take my studies very seriously and often missed classes due to chronic asthma. My long absence from classes owing to my health conditions made it challenging to keep up with my studies. As I grew older and my health improved, my academic focus increased.

    I pursued humanities instead of science because of my health issues, and my parents never pressured me academically. Despite my humanities background, I always wanted to pursue a professional course. In 2004, during school counseling, I was introduced to the idea of a career in law. The growing importance of corporate law and the growing diverse role of lawyers made this path even more appealing.

    Around 2004 and 2005, the changing landscape in the Indian industry and the shift in macroeconomics globally led me to consider law as a career. Furthermore my personal experiences with family legal issues highlighted the need for proper legal guidance and the challenges faced by the common man. This motivated me to specialize in litigation.

    Starting my legal practice was challenging since I came from a family with no lawyers. I realized I had to actively seek opportunities rather than wait for them. I conducted research online to begin my journey. I listed around 10 to 15 law firms in Kolkata to approach driven by my anxiety before our final exams. Coming from a state university and with no guidance in this filed, starting a career in litigation can be befuddling.

    Alarmed by the situation, I realized it was time to take action. I started knocking on the doors of various law firms, forwarding my CV, and requesting internship opportunities. Among the 14 to 15 firms I approached, one offered me a full-time internship for a month or two in the year 2009.

    I wanted to start with District courts since most litigations in India take place there. I took two months of training in the district courts of West Bengal. In August or September of 2009, I secured an internship at Victor Moses & Co. a reputed law firm in Kolkata, where I would eventually spend seven years and assist the Senior-Most Partner, Mr. D.N.Mitra, who had been a great force behind me always.

    The initial challenge, as a first-generation lawyer, was turning the internship into a job opportunity. It’s crucial for young interns to understand that internships are the chance to demonstrate interest, perseverance, and resilience. During my internship, I sought out work, often staying until 7:30 or 8:00 PM, sometimes even later. It was about becoming an integral part of the firm and getting involved in important projects. This approach turned my internship into an opportunity to work in that Firm.

    As by litigation practice commenced, one of the most initial challenges we encountered revolved around timing. We had to attend late night conferences for the next day matters which often started at 10 .00 PM at the night and went on till late. The absence of modern conveniences such as Uber or Ola, coupled with the lack of a family vehicle, rendered late-night commutes a formidable task. Nevertheless, confronting these adversities served to fortify our resolve. Presently, the advent of technology and the prevalence of virtual conferences (VC) have considerably alleviated such difficulties. In fact Virtual Platform has become the norm today for late night conferences, however, during our time, such luxuries were non-existent, thereby instilling within us a profound appreciation for industriousness.

    Carrying physical copies of briefs, sometimes 10 to 12 volumes, and multiple books was another challenge. Nowadays, an iPad can hold all the necessary documents, but back then, it wasn’t an option. But I feel  these experiences made us tougher and erased any fear of hard work. The challenges we faced then make current tasks seem easier by comparison.

    Another advantage of those early days was building unique relationships with each counsel and their juniors and  clerks in the chambers. Spending hours in a counsel’s chamber allowed us to learn closely from their unique styles of argument and advocacy. This exposure to various schools of advocacy became a foundational stone for later success. It helped in developing my own skillset and the methods that my firm now uses in litigation.

    The initial grind in the litigation industry is a preparation phase that tests resilience and determination, which are essential for surviving in a dispute resolution profession. Once you pass through this phase, it becomes a journey of continual progress.

    As a member of various prestigious institutions like the Confederation of Indian Industry (CII) and Indian Women Network (IWN), how do you think being part of such networks has influenced your professional growth and the growth of SC&A Legal?

    As a lawyer and the founder of a law firm specializing in commercial litigation, staying updated on emerging policies, industry news, and trends is crucial. We must also understand new rules, regulations, and their economic rationale to guide our clients proactively. The Confederation of Indian Industry (CII) plays a significant role, offering a platform for lawyers to engage with key stakeholders across various industries. CII organizes events, conferences, and seminars, facilitating meaningful discussions with business leaders, policymakers, and fellow professionals, which fosters collaboration and knowledge exchange. Additionally, CII’s research reports and policy advocacy efforts keep us informed about emerging trends, regulatory developments, and business opportunities. This enables us to better serve our clients and stay ahead in a dynamic business environment. CII has significantly contributed to our professional growth, helped SCA expand its client base, and kept us updated on industry-specific challenges and opportunities.

    Furthermore, the Indian Women Network (IWN) wing of the CII has been instrumental in connecting me with inspiring women leaders who make exceptional contributions across various industries. As an entrepreneur, facing isolation in your growth path is common, and during such times, support from a community of motivators and inspirers is invaluable. Under the leadership of Sujata Guin, Senior VP of Apeejay Surrendra Park Hotels Limited, and Smita Chatterjee, CEO of Centreax, IWN is reaching new heights and positively influencing many lives.

    SC&A Legal specializes in dispute resolution. How does your firm differentiate itself in this competitive landscape, and what unique strategies do you employ to ensure client satisfaction?

    SC&A Legal believes that the first step in serving our clients is identifying potential disputes because litigation does not begin in the courtroom. It starts in your office, from the moment the seeds of litigation are sown, such as when you enter into a contract, a commercial transaction, or a deal. As specialists in commercial litigation, SC&A Legal’s uniqueness lies in our strategic partnership with clients. We advise them at every step, helping to build their case even when they haven’t yet identified the disputes. Our expertise and leadership in the industry allow us to recognize the early signs of potential conflicts.

    The sooner you identify potential disputes or causes of action, the easier and more effectively you can resolve them. We do not view litigation as an end in itself but as one of many strategies to resolve disputes. Whether through conventional litigation, mediation, or arbitration, our goal is also to give you a stronger bargaining position and achieve better settlements or deals in commercial matters which can be resolved without always burdening the Courts or waiting for the entire litigation span to be over.

    At SC&A, we prioritize complete transparency in our strategies. From day one, we plan the end game with our clients, providing clear information about timelines and costs. Our primary aim is to deliver cost-effective and timely resolutions to our clients’ disputes.

    With offices in Kolkata, Delhi, and Bhubaneswar, how do you ensure seamless coordination and communication among your team members across different locations, especially in the context of complex legal cases?

    I would like to express my gratitude for the advancements in technology and the global acceptance of video conferencing and virtual platforms, especially after COVID. This shift has greatly facilitated seamless handling and coordination among our three offices. Whether dealing with courts, clients, or councils, everyone has become increasingly comfortable with virtual platforms.

    We have conducted numerous arbitrations across various forums and cities in India and abroad using these platforms. Even arbitrators are now more open to holding witness sessions virtually. The litigation industry has experienced significant benefits from technological growth, allowing lawyers to manage multiple offices, litigations, and dispute resolution projects with ease and complete coordination.

    With your involvement in the Incorporated Law Society of Kolkata, how do you contribute to aspiring lawyers’ legal education and professional development? Are there any initiatives or mentorship programs you’re particularly passionate about?

    As a member of the Incorporated Law Society of Kolkata, I actively participate in various initiatives aimed at enhancing legal education and professional development for aspiring lawyers. This involvement not only contributes to the growth of the legal community but also fulfills my passion for encouraging new talents to join the fields of litigation and dispute resolution.

    With your background in real estate and infrastructure law, how do you foresee the legal implications of future urban development projects, especially in the context of sustainable growth and environmental conservation?

    Future urban development projects will likely face increased scrutiny and regulation concerning sustainability and environmental conservation. As awareness of climate change and environmental issues grows, there will be a stronger emphasis on integrating sustainable practices into urban planning and development.

    From a legal perspective, this implies stricter compliance requirements related to environmental impact assessments, zoning regulations, land use planning, and building codes. Lawyers specializing in real estate and infrastructure law must stay updated on evolving environmental legislation and regulations to ensure their clients’ projects meet these standards.

    Additionally, a greater focus will likely be on incorporating renewable energy sources, green building technologies, and eco-friendly design principles into urban development projects. Lawyers will play a crucial role in negotiating contracts, securing permits, and navigating regulatory frameworks to facilitate the implementation of sustainable practices.

    Furthermore, legal challenges and disputes may arise from conflicts between development interests and environmental conservation efforts. Lawyers will need to provide strategic advice and advocacy to resolve these conflicts while balancing the need for economic development with environmental protection.

    As a woman leader in the legal industry, how do you advocate for gender diversity and inclusion within your firm and the broader legal community? What strategies do you employ to ensure equal opportunities for all professionals regardless of gender?

    As a leader, I firmly believe that actions speak louder than words. Therefore, we actively encourage our female associates and team members to assume pivotal roles within our firm. We strive to provide them with a flexible environment that allows them to maintain a balance between their professional responsibilities and personal lives, while also ensuring they remain motivated to look forward

    Our female associates are remarkable advocates when it comes to representing our clients. We not only encourage them to engage in vigorous argumentation and advocacy before various competent forums, but they consistently deliver outstanding performances in these arenas.

    In your experience, how does cultural diversity impact dispute resolution, especially in cases involving multinational clients? Could you share a memorable cross-cultural negotiation experience and the valuable insights gained from it?

    Cultural diversity holds considerable sway over the course of dispute resolution, particularly in scenarios involving multinational clientele, as it inherently shapes communication dynamics, negotiation strategies, and conflict resolution methodologies. The comprehension and adept navigation of these cultural nuances stand as imperative prerequisites for achieving efficacious dispute resolution.

    To surmount these cultural disparities and foster a fruitful negotiation environment, it is paramount to engage in the process with a blend of sensitivity and adaptability. Typically, in these cross-border negotiations, we invest the necessary time to grasp the cultural heritage, communication predilections, and underlying motivations of each involved party. Furthermore, we employ an array of techniques, including active listening, reframing issues through a culturally attuned lens, and seeking common ground, all aimed at cultivating trust and rapport amidst the negotiating factions.

    Through the virtues of patience, empathy, and a readiness to tailor our negotiation methodologies to accommodate cultural variances, we have consistently achieved mutually beneficial resolutions that effectively address the interests and apprehensions of all involved parties.

    With the demanding nature of your profession, how do you unwind and maintain a work-life balance? Could you share some of your favorite ways to relax and recharge outside of your legal endeavors?

    As my years of experience have accumulated, I’ve come to appreciate the significance of practicing detachment in both personal and professional spheres as a means to fostering a balanced life. When engrossed in litigation or a project, dedicating undivided attention and focus is imperative. However, upon its conclusion, regardless of the outcome’s favorability, it’s essential to gracefully transition forward. Recognizing that life is an ongoing journey, we must refrain from being swept away by triumphs or dwelling on setbacks. Each new day presents fresh challenges to conquer.

    Moreover, it’s crucial to incorporate periodic breaks, during which one can fully disconnect from professional obligations and engage in pursuits unrelated to work. This allows for the replenishment of energy and enthusiasm, enabling us to approach tasks with renewed vigor each time.

    Given your journey from a young professional to founding SC&A Legal, what advice or key points would you share with students and young professionals who are just starting their careers in the legal field?

    My first advice to every young law graduate would be to definitely garner experience in a dispute resolution law firm, as that will give you a deeper understanding of various streams of law and thus build a strong foundation for a lifetime. Secondly, never give up on yourself. The legal profession will also give you back your rewards; it’s just a matter of time. Have faith and patience; you will succeed.

    Get in touch with Sanchari Chakroborty-

  • “I would rather believe that we can be energized by our daily routine, by the challenge of difficult cases, or by victories of small wins or overturning of a case on appeal”- Philip Teoh, International Lawyer and Arbitrator

    “I would rather believe that we can be energized by our daily routine, by the challenge of difficult cases, or by victories of small wins or overturning of a case on appeal”- Philip Teoh, International Lawyer and Arbitrator

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

    Can you share your journey and what inspired you to pursue a career in law, specifically specializing in Maritime & Admiralty, International Law, and other related fields?

    When I started my law studies, I was interested in exploring the role of law as a foundation of business dealings, especially international business. 

    I was intrigued to discover the area of shipping was the connecting factor in these areas. Unlike some perceptions, the area of shipping was not small in scope. It encompassed international trade as traders used ships to transport their goods, international finance as banks financed these transactions, and insurers insure these shipments. I later found out there was Wet and Dry Shipping, Corporate or Transactional Shipping and Maritime Arbitration as well.

    That was the launch pad for my interest in shipping. With that interest, I took shipping and shipping-related subjects in law school. I was fortunate to be able to study at the National University of Singapore where I was taught and inspired by great teachers.

    Professor EP Ellinger was a powerhouse in Banking and International Finance, Professor FMB Reynolds who hailed from Oxford taught Agency and Shipping subjects and the most brilliant teacher was the late Professor Tan Yock Lin who taught Conflicts of law, he was a brilliant legal mind who made difficult concepts in Conflicts easily understandable. I did well in school and constantly called upon what I studied in my cases. I do encourage law students to concentrate well on their studies because these are invaluable foundations for practice.

    With over 33 years of experience, you have vast expertise in both contentious and non-contentious areas of law. How did you navigate and develop such a diverse skill set throughout your legal career?

    I saw law as a technical field, that cases and principles are building blocks to craft agreements, transactions and eventually. In litigation, I soon discovered that strategy and effective advocacy win cases, the more cases we handle we develop muscle memories which we can call upon in advocacy.

    Soon I was able to see that each witness can present a treasure trove of evidence to cross-examine. I also learnt to adapt; as much as we can prepare for a case, the circumstances of a trial or a judge’s questions and directions may force us to abandon our prepared script to adopt a better and different strategy.

    I started in litigation. After a few years into practice, I wanted to have both a transactional as well as a disputes practice and I am happy to say I handle both contentious and non-contentious areas.

    Some of the notable transactional work in which I was involved was various ship sale and purchase as well as ship financing cases. When MISC the Malaysian Carrier wanted to go into the energy business, it bought Newbuildings from Japanese Yards, these were the Puteri Vessels that kickstarted the business and MISC is not a major LNG carrier. I was the Syndicated Lenders’ local lawyer.

    I was also involved in several due diligence of Shipping Companies, Joint Ventures and reorganization of the Shipping Companies Malaysian assets and companies. When the Genting Group sold its luxury yacht Tranquility to a US buyer I acted for the buyer.

    Being recognized by Chambers and Legal 500, among others, for your expertise in Maritime Law, what do you believe sets you apart in this field, and how do you approach resolving matters to the satisfaction of your clients?

    In legal practice, it is not an effort if we enjoy our work and I do. Every case presents a challenge and a new learning opportunity. I do not believe that I possess any qualities different from other lawyers, apart from that I enjoy what I do.

    Some talk of finding one’s purpose in what we do, I don’t agree. I think purpose can change. I would rather believe that we can be energized by our daily routine, by the challenge of difficult cases, or by victories of small wins or overturning of a case on appeal. We need these to sustain us because law is a very involved and demanding profession.

    In addition to your legal practice, you’re also a Practising Arbitrator empanelled with various international panels. How does your role as an arbitrator complement your work as a lawyer, and what unique perspectives do you bring to dispute resolution?

    Arbitration and litigation are contentious legal practices. The skills of a litigator are important skills for arbitration too, whether one sits as an Arbitrator or as Counsel in Arbitration.

    You’ve been involved in notable cases, including arguing the inaugural reported decision of the Malaysian Admiralty Court. Could you share insights into the challenges and rewards of handling such significant cases in the maritime industry?

    Difficult cases challenge me. That forces me to figure out how to best strategize the handling of the case, the conduct of the litigation. There will always be an approach we can adopt which can make complex cases managable or make them simple. We need to develop muscle memory for this. Along the way the bonus is when the cases we argue establish law, a principle not established before. I have had a few of these.

    Your extensive contribution to legal literature, including authoring key practitioner texts, speaks to your commitment to legal scholarship. How has academic writing and research influenced your understanding of the law and your approach to legal practice?

    Some 2 decades ago I found a dearth of Shipping Texts in Malaysia. I convinced LexisNexis (then Malayan Law Journal) to introduce these in Malaysia and eventually, I wrote the original editions of Halsbury’s Malaysian titles in Shipping and related subjects. I was particularly happy to write the Volume on Conflict of Laws; Conflict of Laws issues often crop up in Shipping and International Arbitration.

    I also authored the Annotated Merchant Shipping Laws, Forms and Precedents on Shipping which contain transactional agreements. I was later invited by Sweet and Maxwell to write the Chapter on Carriage of Goods by Sea which contains precedent pleadings used in litigation and arbitration.

    The writing ensures that I have a good grasp of the law, and this is invaluable when I handle cases. Funnily I have faced opponents in Court citing my writing unknowingly.

    Having practiced in both Singapore and Malaysia, what are the unique challenges and opportunities you’ve encountered in each jurisdiction, especially in the context of maritime law?

    I started my practice in Singapore before returning to Malaysia. I was very happy when Malaysia established the Admiralty Court in 2010 and I was able to argue the inaugural reported case of the Court in the case of The Istana VI. Since then, I regularly handle cases in the Court amongst others prosecuting ship arrests or challenging them. 

    The laws applied by the Singapore Courts are not much different and I believe that both the Singapore and Malaysian Shipping Bar have good lawyers. The Singapore ecosystem however is more varied with a healthy variety of international firms including many specializing in maritime law.

    As an Adjunct Lecturer in BAC Malaysia’s law school, what advice do you give to law students looking to specialize in maritime law or pursue a career similar to yours?

    Be interested in what is taught. Not many universities have maritime law as a subject at the LLB level. Curiosity, Initiative and Hard Work are most important.

    It is good to have a specialization in mind, but maritime law can be acquired after graduation. It is important that the young lawyer enters a firm that handles the area. The on-the-job training is much more important.

    I have trained many young lawyers in this field, and they picked up the areas well. Tan Sri Nallini Malaysia’s first Admiralty Judge never did Shipping cases when she was a practitioner and Her Ladyship had done much to establish jurisprudence in the area. She is easily amongst Malaysia’s top judges.

    In your experience, how important is it for legal professionals to stay updated on evolving legal landscapes, especially in areas like maritime law, and what strategies do you employ to stay abreast of industry developments?

    Keeping up to date is crucial. I find that LinkedIn is a great tool to do that because the lawyers do post and share useful content. I do post from time to time too. Reading outside of the law widely is also important. 

    Lastly, considering your wealth of experience, what advice would you like to share with recent law graduates who are entering the field today, particularly those interested in maritime and admiralty law?

    Be curious about learning. Read widely. Seize opportunities when they appear, do not neglect the training experience, it is an invaluable time, not to be squandered. Get onto complex cases early even if the role is a minor one. Your friends and family will be your invaluable support through challenging times.

    Get in touch with Philip Teoh-

  • I believe that publicity for a lawyer should be achieved through client satisfaction and maintaining high level of ethical and professional standards in the chosen field- Hari Narayan, Partner & Maritime Lawyer at United Maritime Law Chambers

    I believe that publicity for a lawyer should be achieved through client satisfaction and maintaining high level of ethical and professional standards in the chosen field- Hari Narayan, Partner & Maritime Lawyer at United Maritime Law Chambers

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

    Sir, can you tell us a little about your background and how you first became interested in law?

    Coming from a legal background, it was my natural instinct to get attracted to the legal profession and follow in the footsteps paved by my father and grandfather. I still remember my school days when my father used to take me to the court and let me watch the proceedings even though I never understood what transpired there. But it was still a thrilling experience for me to watch live actions in the courtroom which was entirely different from what was shown in movies. From my younger times, I was fascinated by the amazing world of law and had a strong determination to become a lawyer. Though my dream was to become a barrister I ended up being an advocate.

    What inspired you to specialize in maritime and shipping law specifically?

    During my initial days in the profession as a junior advocate, I had occasions to deal with matters relating to maritime and shipping law, including cargo claims and ship detention. But I never had a sound knowledge of this subject. The legal profession being a knowledge-based industry, I felt that it was necessary for anyone aspiring to specialise in any branch of law to acquire considerable knowledge on the subject. Shipping being an international branch of law it was all the more necessary to be familiar with International conventions which govern the field. India being a maritime nation and government promoting port sector and allied infrastructure development it is just a matter of time that maritime activities will flourish and as a consequence commercial disputes could emerge. That apart, only very few firms in India handle maritime disputes on an exclusive basis.  It was in this background that I felt the need to set up a boutique firm handling maritime-related issues. 

    Can you walk us through some of the most interesting cases you’ve worked on throughout your career?

    Shipping-related issues are always interesting considering the element of adventure involved in maritime. During ancient days, the shipping industry was considered suitable for those who are bold and brave and ready to face the perils of the sea. I had occasions to conduct maritime cases on a pan india basis involving huge stakes and also cases relating to piracy, salvage and general average which are not very common in India. One such case which went all the way to Supreme Court was related to the detention and arrest of crew onboard a foreign flag vessel suspecting possession of arms onboard. In fact, the vessel was involved in anti-piracy operations and as part of its engagement to provide security for merchant vessels transiting through high-risk areas, it used to deploy armed guards. On the premise that possession of arms without license is illegal under the Arms Act in India, the entire crew onboard the vessel was arrested most of whom are foreign nationals. The crew were forced to remain in India for a few years until the court set them free of all allegations. I also had occasion to appear before foreign seated arbitral tribunals in disputes relating to Charter party, new constructions, salvage etc. I was also fortunate to be nominated as  arbitrator under LMAA terms on a couple of occasions.

    You’ve spoken at numerous international events and served as a faculty member at several universities. What motivates you to pursue these opportunities outside of your practice?

    I always believe that if sharing your experiences and knowledge even if in a small way could benefit others then that is the best way to reciprocate what the legal industry has given you. That apart, interacting with people from different parts of the world will give us new ideas and also provide with new opportunities, for further advancement of career. It is often said that being a lawyer, you are part of a learning process almost every day and therefore through knowledge sharing sessions you also gain valuable insights into new developments in the field of law. 

    Can you share any particular challenges or obstacles you faced while building your law firm, UMLC?

    Though we were able to develop shipping practise within India in considerably short period of time, it was not an easy task to make the presence of the firm felt in the international arena. However, with constant efforts including attending international conferences and building a global network especially in key jurisdictions the firm was able to get over the initial struggles during the formative stage. When foreign firms are able to publicise their core strengths and achievements through advertisements and websites, we still have restrictions to follow the same in India. Thus atleast in maritime sector it doesn’t provide a level playing field thus putting Indian firms to much disadvantage. Having said that I believe that publicity for a lawyer should be achieved through client satisfaction and maintaining high level of ethical and  professional standards in the chosen field. 

    What do you think sets UMLC apart from other law firms specializing in admiralty law?

    Apart from regular cargo claims and ship arrests, our core area of specialisation lies in charter party disputes which eventually lead to maritime arbitrations seated in foreign jurisdictions. Doing LLM in maritime law from Southampton University has indeed helped me in connecting with key people in the industry especially those working in clubs and shipping law firms abroad. This has tremendously helped us in handling legal matters in India as well as in foreign jurisdictions with lot of ease and comfort.

    As someone who has been in the legal field for over 25 years, what advice would you offer to recent law graduates who are just starting out?

    The only advice I could give to young potential lawyers is that there are no shortcuts to success and the only way to achieve the same is through hard work, dedication and perseverance. One should never compromise on ethics and must follow the best practices in the industry. Take up every opportunity you get as a learning experience and never stop learning. 

    Get in touch with Hari Narayan –

  • Arnavi Panda, Legal Advisor, Global Marketing Systems, on LLM from NUS, preparing for moots and working in shipping industry

    Arnavi Panda, Legal Advisor, Global Marketing Systems, on LLM from NUS, preparing for moots and working in shipping industry

    Arnavi Panda is a graduate from ILS Law College, batch of 2015. She then went on to pursue her Master’s degree in Maritime Law from the National University of Singapore. She has participated extensively in various national and international moots including  Philip C. Jessup International Law Moot and William C. Vis International Arbitration Moot. She is presently a Legal Advisor in Global Marketing Systems, DMCC, Dubai.

    In this interview she talks about:

    • LL.M from NUS
    • Scope of maritime law in India
    • Difference between universities in India and abroad

     

     

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

    I’d introduce myself as a young lawyer, passionate about the shipping industry and the associated legal practice with a keen interest in arbitration and alternate dispute resolution on weekdays and an amateur Latin American dancer always keen to network over the weekends!

    Prior to college in Pune, I was fortunate to complete my high school life partly in Bombay and partly in Calcutta. The difference in lifestyle in both the cities was my first step to learning to embrace and appreciate diversity. I was always an energetic child, very keen to learn, very curious, a sports aficionado and always came home with scrapped knees or soiled clothes.

     

    PLEASE TELL YOU SOMETHING ABOUT YOUR COLLEGE LIFE? HOW INSTRUMENTAL HAS YOUR COLLEGE BEEN SHAPING YOUR CAREER?

    I spent five very crucial formative years in ILS Law College, a college I had always heard about being one of the oldest and prestigious colleges in the country for legal studies. It was an honor to have been accepted in face of the stiff competition and competitive cut-off marks.

    ILS as an institution gives its students great autonomy and flexibility to make their own decisions on the course of their career. With five hours of classes a day, I made the most of my leisure time by writing research papers, working on moot court competitions, assisting professors, organising intra-college events and interning at law firms to acquire practical experience. Not only did this serve as great career building exercise but also a character building exercise which taught me to take responsibility for projects I undertook, honed my advocacy and leadership skills and made me realise the importance of being a team player.

     

    YOU HAVE REPRESENTED YOUR COLLEGE AT PRESTIGIOUS MOOT COURT COMPETITIONS INCLUDING PHILIP C. JESSUP INTERNATIONAL LAW MOOT AND WILLIEM C. VIS INTERNATIONAL ARBITRATION MOOT. HOW DO YOU RECOMMEND ONE SHOULD PREPARE FOR THEM? DO YOU THINK MOOTING IS SIGNIFICANT FOR LAW STUDENTS?

    I have always believed the legal profession to primarily be an interactive profession with regular contact with various parties. Mooting not only hones one’s advocacy skills but also facilitates overcoming stage fear, builds self-confidence and develops public speaking and interpersonal skills.

    Preparing for Philip C Jessup and Willem C. Vis played a major role in my development as a professional for a variety of reasons. My team and I dedicated about six to eight months preparing for these events which required long hours, late nights, developing legal research skills and most importantly knowing how to communicate and work as a team which is an indispensable quality at the work place. I would advise aspirants of these events to firstly pick the right team members who are of a similar professional temperament and are willing to dedicate the same amount of time and effort to these events as they quite literally become your closest friends during this time. It is important to work smart along with working hard which would include seeking guidance from previous participants on what to expect and how to research, the materials to be referred to and how to structure the arguments and lastly prepare with several mock trials. We were fortunate to have very helpful seniors, colleagues and faculty staff who gave us time to review our submissions and prepare for the oral hearing. Preparing and participating for these events is very stressful and I commend my teammates who did not give up despite the odds and went on to qualify as quarter-finalists at Vienna in 2015. Like any other participant of the event, I will have to say that it is absolutely worth every late night, every sacrificed internship and every missed movie/dinner/party!

    While mooting does play a very important role in a law student’s life, I fully recognise that it may not be everyone’s cup of tea. However, I would encourage everyone to have some mooting experience during law school as a career building exercise.

     

    ARE THERE ANY MEMORABLE MOMENTS DURING YOUR COLLEGE THAT YOU WOULD LIKE TO SHARE?

    Five years of law school created a lot of pleasant memories but if I were to highlight the most memorable one of them all, it would have to be the day my team and I were adjudged as the winner of the intra-college international law moot court qualifying competition. This gave us the opportunity to represent ILS at the Philip C Jessup Moot where we were only two points short of qualifying to the World Rounds. The moto of the team was to only give our very best effort without expectation and consistently challenge ourselves to do better.

    This was a defining moment for us as a team and was testament to the fact that with sincere hardwork, effort and humility, sky is indeed the limit!

     

    WHAT MOTIVATED YOU TO GO FOR A MASTERS PROGRAMME? WHAT LED YOU TO CHOOSE MARITIME LAW AS YOUR SPECIALISATION?

    I come from a family of teachers who have always believed that education never goes to waste. In the present competitive market, selecting a niche and mastering it is important to establish oneself and it was with thought in mind that I was focused on completing my masters coursework before stepping into the professional job market.

    The shipping industry was an industry which I was familiar with since I was a child by virtue of my father’s affiliation with the Ministry of Shipping for the Government of India where he was the lead advisor and the IMO Representative for the Country on several occasions. The beauty of the maritime industry is that it is extremely multi-dimensional, involves a lot of cross-jurisdictional transactions and disputes and is extremely global in nature. I always knew that I would appreciate a contentious job a lot more than an advisory one and Maritime Law gave me the perfect avenue to combine my passion for international law, commercial laws and dispute resolution.

     

    WHAT WOULD BE YOUR ADVICE FOR YOUNG LAWYERS AND LAW STUDENTS LOOKING TO SPECIALISE IN MARITIME LAW?

    I would strongly recommend young lawyers to pick maritime law as an area of expertise for a variety of reasons.

    It is an excellent niche area to capitalise on. Given that India is a country with a vast coastline and there is significant Admiralty work which is always done in addition to the new Admiralty Act which was enacted last year; maritime law is a very promising career option.

    However, I would also recommend aspirants to seek internship experience with a firm practising admiralty law to get an insight into the industry to make an informed decision. It is complex; it is contentious; it is challenging at every stage but is also very exciting, very glamorous and very international.

    PLEASE TELL US ABOUT THE APPLICATION PROCESS FOR LL.M. AT NUS?

    The application for LL.M. at NUS is fairly standard as you would find in most universities worldwide. It is important to start preparing early by researching about the program you wish to apply for and the deadlines.

    After submitting an online application, the candidate then has to send a physical copy of the application along with supporting documents (official transcript, degree scroll, recommendation letters) along with the application fee receipt to the university at the indicated address on the website. The results of your application are usually declared only three months after the application. (I remember receiving an acceptance from NUS as one of the last universities as opposed to my acceptances from USA, UK and Australia).

    The information is easily available on the NUS website and the administration and admissions staff is very helpful, friendly and prompt with their assistance.

     

    WHAT ARE THE NECESSARY TRAITS ARE REQUIRED TO BAG A SCHOLARSHIP FOR LL.M.? WHAT IS THE APPLICATION PROCESS FOR A SCHOLARSHIP AT NUS?

    Like any university, it is highly advisable to have a consistent set of good grades in all years of academic study to secure a scholarship. Universities are usually keen to award scholarships to students who can display merit in academics and outstanding contribution even on extra-curricular activities. NUS has an additional requirement like a few other universities where it requests an Essay from a candidate on a current topic of their interest to assess scholarships awards. It is advisable to select an emerging topic of interest in the field of study that a candidate wishes to specialise in to increase their chances of success.

     

     

    WHAT SHOULD BE KEPT IN MIND WHILE WRITING SOPS FOR LLM ABROAD? WOULD YOU BE WILLING TO SHARE YOUR SOP FOR THE BENEFIT OF YOUNG LAW STUDENTS LOOKING TO APPLY ABROAD?

    I cannot stress enough on the importance of being well researched on the coursework, the faculty, the program and most importantly the industry. An ideal statement of purpose in my experience would be one which highlights the candidate’s genuine interest in a field of study even though one may not have taken the ideal modules or courses during undergraduate study for the same. Personally, I have always conceived a SOP to be a personalised document which gives the institution a chnace to understand the candidate’s expectations, aspirations and background better in addition to the professional information that they already have handy from the resume.

     

    PLEASE TELL US THE RECRUITMENT PROCESS AT GLOBAL MARKETING SYSTEMS, DMCC, DUBAI? HOW DID YOUR APPOINTMENT TAKE PLACE?

    I was introduced to a representative of Global Marketing Systems, DMCC, Dubai while in Mumbai who advised I apply for the position. As is standard procedure, I was interviewed once my Resume was perused and shortlisted prior to an offer being made. Initially I was placed in the Singapore office for a period of 5 months before permanently moving to the head office in Dubai and taking over the complete compliance and legal portfolios at GMS.

     

    AS LEGAL ADVISOR IN GLOBAL MARKETING SYSTEMS, DMCC, DUBAI, WHAT ARE YOUR ROLES AND RESPONSIBILITIES?

    My current role with Global Marketing Systems in Singapore and Dubai involves extensive risk assessment and legal advisory in relation to contract negotiation, drafting and execution not only for the sale, purchase and demolition of Vessels but also various standard form BIMCO operational contracts, time and voyage charter party contracts, contracts of afreightment, and marine insurance contracts. Currently, I assist and handle three portfolios in the Company namely, compliance and regulatory, legal dispute resolution, insurance claims. I am entrusted with advising the management and the procurement team of the risks in trading and purchasing vessels with prior claims, sanctioned vessels, commercial and legal intricacies of amended contracts and engaging external counsels to represent the Company in various litigation matters in India, Bangladesh and the EU as well as Arbitration proceedings commenced at the London Maritime Arbitrators Association (LMAA) and Singapore Chamber of Maritime Arbitration (SCMA).

    My current profile also involves general corporate advisory in relation to business development and expansion in offshore jurisdictions, employment matters in EU and non-EU jurisdictions and international taxation. This experience gives me a holistic understanding of the Shipping industry.

     

    YOU HAVE ALSO WORKED AS LITIGATION ASSOCIATE AT CRAWFORD BAYLEY & CO., MUMBAI. WHAT IS THE RECRUITMENT PROCESS THERE?

    I worked as an intern at Crawford Bayley & Co. on three different occasions from May 2012 to July 2014 during the semester break with the Admiralty Partner’s office during which period I was able to get valuable insight into the industry and the associated legal practise. Upon completing my master’s degree coursework, I successfully applied to the firm for a position of an associate and the firm was kind to accommodate me in their team and provide me valuable guidance and mentorship as a young lawyer.

    I would recommend law students to carefully consider their internship experiences and if possible, show loyalty to a firm where they have enjoyed the work and the work environment and would like to see a future. An intern is as much an investment to a firm as a firm is an investment to an intern’s resume.

     

    PLEASE TELL US ABOUT YOUR TIME AT NUS. WHAT SHOULD ONE EXPECT WHILE STUDYING ABROAD? HOW IS THE ENVIRONMENT DIFFERENT FROM COLLEGES IN INDIA?

    My academic year at NUS was an eye opener for a variety of reasons. Studying abroad gave me the perfect exposure to different cultures, interaction with people of different nationalities and understanding their lifestyle.

    The environment in universities abroad is one of friendly competition which is healthy for growth and encourages one to perform to the best of his/her ability. In my experience, universities abroad usually focus on the overall development of students and are less course intensive as opposed to Indian universities. The coursework and assessment structure is application oriented as opposed to theoretical knowledge which requires a thorough understanding of basic concepts and their applicability. It is this understanding which is ultimately most valuable to a prospective employer.

    While the coursework was tasking, our faculty ensured that there were lots of activities organised to keep the student morale high even during exams which were particularly stressful. Most importantly, my time at NUS was a great platform to network, create lasting memories and have a friendly face to bump into in different parts of the world!

     

    WHAT WOULD BE YOUR WORD OF ADVICE TO OUR READERS?

    Stay focused, stay motivated and never compromise on your mental and physical health. Make your hobby your job and you will always have a motivator in yourself even when the seas are rough!

     

     

     

  • Siddharth Ranka, Assistant Manager-Legal, Scorpio, on pursuing Maritime law, studying in Southampton and his experience

    Siddharth Ranka, Assistant Manager-Legal, Scorpio, on pursuing Maritime law, studying in Southampton and his experience

    Siddharth Ranka graduated in law from ILS Law College, Pune, in 2008. He then went on to pursue his Master’s degree from the University of Southampton, specialising in Maritime Law. After the post graduation, he joined Bose & Mitra & Co as a senior associate he then moved to Allen & Gledhill as foreign associate. He is currently assistant manager – legal, at Scorpio, where he handles the Group’s global contentious and non contentious maritime issues, compliance and general corporate practice.

    In this interview he speaks to us about:

    • Maritime Law as a career and its scope.
    • Experience at ILS Law College and University of Southampton.
    • The difference between legal education in India and abroad

     

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

    I would like to introduce myself to the readers as Siddharth Ranka, an outdoorsy, yet rooted individual with a great respect for my life, my loved ones and the work I do. I grew up in Pune where I spent more time playing sports and being outdoor than indoor. I was an erratic student and a nightmare for my parents and teachers. Being a sports fanatic and extrovert, I wanted to pursue a career in sports or event management, but life had different plans, as it always does, in its charming un-foreseeability.

    Fast forward to today, I am a maritime and compliance lawyer with Scorpio Group (Scorpio). Prior to Scorpio, I worked with Bose & Mitra & Co in their Mumbai office (BMC) and Allen & Gledhill in Singapore (A&G).

     

    HOW WAS YOUR EXPERIENCE AT LAW SCHOOL? ARE THERE ANY MEMORABLE MOMENTS THAT YOU WOULD LIKE TO SHARE?

    ILS Law College, Pune was a remarkable experience. As a local from Pune, it was probably the first time I met a lot of people from different parts of the country who brought with them their own unique culture. So, one was always learning both in law school and outside. What was not surprising was that the students, and my batchmates, were extremely talented, ambitious and competitive, and at the same time helpful.

    I have tons of memories attached to that time in my life, and two standout the most. First and most importantly, meeting Priyadarshini,my wife. Secondly, the students who stood up against the unfortunate ragging incident that took place in the college campus in 2008.

     

    WHAT MOTIVATED YOU TO GO FOR A MASTER’S PROGRAMME? WHAT LED YOU TO CHOOSE MARITIME LAW AS YOUR SPECIALISATION?

    A close friend, Riti Tyagi, introduced me to maritime law in my fourth year of law school. At the time, it sounded like a “fun” thing to do; but because we did not have maritime or allied laws in our curriculum, the basic knowledge was missing. What made it tougher back then, was the fact that there was very little information available, with professors, online or in books, regarding its scope.

    When I took up my first job at BMC, I was going into the unknown. Fortunately, I was trained and guided by Amitava Majumdar (Raja) and Shiv Iyer, both of whom had studied maritime law in England.

    What I quickly learnt was that maritime law is heavily reliant on English law – even outside the so-called “commonwealth” so it was important to get a good platform on the subject from an English law perspective. This was essentially, when I made the decision to pursue an LLM in Maritime Law. In my decision to pursue further studies, I had steady and relentless support from my parents, who constantly urged me to follow my passion and pursue higher studies, and Priyadarshini, who was instrumental in grooming and guiding me in my decision to study and work abroad and channelized my efforts into reality.

    Shipping is so internationally connected that if one needs to succeed as lawyer in this niche area of law, you must make contacts not only locally but also with our international counterparts. For this, my LLM proved to be the ideal platform. I studied and met students from more than 25 nationalities, and consequently still refer business and matters to each other.

     

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

    I would wholeheartedly suggest getting enough work experience, building a strong academic background and gathering good recommendations from industry personnel. Furthermore, writing articles or technical papers on legal issues which highlight your intent to pursue an LLM will increase your chances to bag that scholarship.

     

    WHAT SHOULD BE KEPT IN MIND WHILE WRITING SOPS TO PURSUE AN LLM ABROAD?

    One must focus on their motivation, objective and what is guiding them to pursue the LLM, and these must be expressed clearly, but succinctly. One should not say that they are interested in IPR or Competition law, when they are applying for a LLM in maritime law, because that would clearly conflict, showing lack of requisite knowledge, interest and aspiration.

    Lastly, the most important and yet often overlooked facet would be the skill of writing clearly with no grammatical errors.

     

    WHAT DIFFERENCES DO YOU SEE IN THE LEGAL EDUCATION SYSTEM IN INDIA AND ABROAD? HOW CAN THE INDIAN LEGAL SYSTEM IMPROVE?

    The courses abroad are more structured, and a lot of importance has been given to self-educating. One must be prepared well in advance, for the lectures and classes they attend. Theory is given importance but the scales tip more towards understanding a subject practically. Since law, as a discipline is neither black nor white, there is nothing deemed to be right or wrong – one is allowed to express as they perceive.

    Another pivotal difference is, we have time-allotted “lectures” in India, while abroad you have interactive sessions which are followed up with tutorials or group discussions. This encourages the expression of thought and evokes confidence when speaking in public.

    The Indian legal system is complicated but the most obvious criticism will be the delayed time frame in the delivery of cases.

    To address this, there is an urgent need for reforms when it comes to, imposition of legal costs in commercial litigation and protection of client’s rights against lawyers.

    I am an advocate for courts to be accessible to all, but the process cannot be abused. The Commercial Courts Act does address this effectively, but in practice, courts have been generally reluctant to award costs. The risk of costs exposure would discourage frivolous litigation and go on a long way to reduce the backlog of cases that we presently find in Indian Courts.

    Also, lawyers should be treated in the same manner as doctors or engineers when it comes to negligent advisory. This will not only improve the legal services being offered but also reduce frivolous proceedings, which are filed at the instance of lawyers.

     

    YOU HAVE WORKED AT ALLEN AND GLEDHILL, SINGAPORE POST YOUR LLM. HOW WAS YOUR EXPERIENCE WORKING IN A FOREIGN LAW FIRM? HOW IS THE LAW FIRM CULTURE ABROAD DIFFERENT FROM INDIA?

    Singapore is a modern story for global financing and business. It has been able to attract professionals and businesses from different parts of the world and has developed into one of the leading dispute resolution centers in the world. The advantage, therefore, is that one is exposed to diverse cultures, different stakeholders and global issues, rather than being jurisdiction specific.

    My stint at the A&G helped me tremendously to mature and evolve as a lawyer. More than legal acumen, it exposed me to soft skills, which include, internal training, importance of presentation – drafting pleadings or advices, client management, file management, etc. It was also stimulating to work with clients and lawyers from different parts of the world, and has greatly impacted my upward learning curve.

    Firms abroad are very structured and lean on transparency in the working culture. There is a great deal of investment put in the employee development and data management, which, improves consistency in work across different departments and better time management.

     

    WHAT FACTORS INFLUENCED YOUR DECISION TO COME BACK TO INDIA AFTER WORKING IN SINGAPORE?

    I was very interested to see and learn the litigation practice side of the law and wanted to understand the working of Indian courts, both from a strategic and legal point of view. For this, it was important to be in India, considering one sees far more litigation action (in court or arbitration) here than abroad.

     

    AS ASSISTANT MANAGER-LEGAL WITH SCORPIO, WHAT ARE YOUR ROLES AND RESPONSIBILITIES?

    Scorpio is probably the only foreign shipping company with their shipping legal team based out of India. This basically means that I, along with my team, handle Scorpio’s compliance issues (sanctions, anti-corruption, etc), legal shipping disputes, risk assessment and risk management issues. The role requires my team to assist internal stakeholders in any dispute or issue that they face around the world.

    To give you quick sneak peek, on a particular day, I could be handling a contractual dispute under English law, a collision in the Indian Ocean and conducting a compliance check for a new entity which Scorpio is considering doing business with, simultaneously.

    A lot of the time is spent working internally with stakeholders to understand the issues they are facing and study market trends, understanding how their position can be best protected from a contractual standpoint.

    In addition to the legal side of work, my role involves managing my team.

     

    WHAT IS THE SCOPE OF A CAREER IN MARITIME LAW IN INDIA?

    When one refers to “Maritime law” they are really speaking about a wide spectrum, ranging from ports, custom, shipbuilding, ship breaking, cargo traders, charterers, ship management and obviously shipping companies.

    This is a niche area and has traditionally been dominated by boutique small sized firms. Recent years have seen an influx of the so-called “big firms”, which enhances the career options in the otherwise less-sought out area of law. Other than law firms, one can look at in-house roles with shipping, chartering, trading houses and ports.

    A lot of foreign shipping companies carry out operations throughout India, but when it comes to legal issues, they are still handled by in-house legal teams based outside of India. At Scorpio, we have done things differently and have an expert team of Indian lawyers who handle legal disputes involving the Group not only in India, but also abroad. For me, this is an area that I can see developing and would increase career opportunities in maritime law.

     

    WHAT WOULD BE YOUR MESSAGE FOR YOUNG LAWYERS AND LAW STUDENTS?

    I am committed to my contention that to succeed in the legal sector, knowing the law is only half the story; the other and probably more important half is developing your inter-personal skills and the ability to “sell” the services you offer as a lawyer.