Super Lawyer

Tag: MCIArb

  • Embarking on a career in law and Alternative Dispute Resolution (ADR) is an exciting yet challenging endeavour that requires a multifaceted approach-Param Bhamra,Founding Partner at MediateGuru

    Embarking on a career in law and Alternative Dispute Resolution (ADR) is an exciting yet challenging endeavour that requires a multifaceted approach-Param Bhamra,Founding Partner at MediateGuru

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

    Can you tell us about your journey into the field of law and how you eventually became involved in alternative dispute resolution (ADR)?

    My interest in Alternative Dispute Resolution (ADR) was piqued during my formative years as a law student. I was deeply engrossed in the philosophies of capitalism and free-market economics, and I saw a parallel between these concepts and ADR. To me, ADR represented a form of judicial privatization, offering a more efficient and effective means of resolving disputes compared to traditional litigation. Recognizing the untapped potential of ADR, I initiated MediateGuru along with my esteemed colleagues, Mr. Aditya Mathur and Ms. Garima Rana. Our mission has been to normalize the practice of mediation and ADR in the legal landscape. I am pleased to say that our efforts have yielded some measure of success, and we continue to work diligently towards making ADR a standard practice in dispute resolution. 

    You’re the founding partner at MediateGuru, co-founder of LicitElite, and founder of DiploTics. Could you share the inspiration behind starting these initiatives and the impact you aim to make in the legal and ADR sectors?

    As the founding partner at MediateGuru, co-founder of LicitElite, and founder of DiploTics, my overarching vision has been to innovate and elevate the standards within the legal and ADR sectors. Each initiative serves a unique purpose but collectively aims to bring about meaningful change.

    MediateGuru was born out of a desire to mainstream Alternative Dispute Resolution methods, particularly mediation, as a viable and efficient means of settling disputes. We aim to educate, train, and create awareness about the benefits of ADR, thereby transforming it into a norm rather than an exception in the legal landscape.

    The future of dispute resolution is not in the courtroom, but in the meeting room—where mediation and arbitration reign supreme.

    LicitElite, on the other hand, focuses on legal research and advocacy. We strive to provide a platform for young legal minds to engage in meaningful research and contribute to the legal discourse. Our goal is to foster a culture of continuous learning and intellectual curiosity within the legal community.

    DiploTics is my latest venture, which aims to bridge the gap between diplomacy and technology. In an increasingly interconnected world, it’s crucial to understand the legal implications of technological advancements. DiploTics serves as a think tank that brings together experts from various fields to discuss, analyze, and offer solutions to complex issues at the intersection of law, technology, and diplomacy.

    The impact I aim to make through these initiatives is multi-faceted: from making ADR a standard practice to enriching legal research and understanding the confluence of technology and law. I am committed to driving change and setting new benchmarks in each of these areas.”

     MediateGuru connects experienced mediators and arbitrators with young lawyers and ADR practitioners in over 150 countries. What led you to create this international platform, and what role do you see it playing in the future of ADR?

    In recognizing the transformative potential of Alternative Dispute Resolution (ADR), I felt a compelling need to create MediateGuru as an international platform that could serve as a vital conduit between experienced mediators and arbitrators and the next generation of ADR practitioners. The idea was not just a fleeting thought but a culmination of years of observation, research, and firsthand experience in the field. I noticed a significant gap in the market where young lawyers and ADR practitioners, especially those from developing countries, often lacked the resources, mentorship, and opportunities to excel in this specialized area of law. This observation was juxtaposed with another reality: that seasoned professionals in the field were looking for ways to give back, to mentor, and to pass on their wealth of knowledge to the next generation. MediateGuru was conceptualized to bridge this gap, to create a symbiotic relationship where knowledge could be exchanged, skills could be honed, and the overall quality of ADR practice could be elevated on a global scale. 

    The international aspect was crucial; ADR is not confined by geographical boundaries. Disputes are increasingly becoming cross-border, and the laws and practices governing them are becoming more harmonized. Therefore, it was imperative that MediateGuru had a global reach, connecting professionals and young practitioners across more than 150 countries. This international dimension adds layers of complexity but also unparalleled opportunities for learning and growth. It allows for the sharing of diverse perspectives, methodologies, and cultural nuances that are incredibly enriching and eye-opening for anyone serious about a career in ADR. 

    Looking ahead, I see MediateGuru playing a multifaceted role in the future of ADR. First, as a catalyst for change, challenging the status quo and pushing for reforms in how ADR is perceived and practiced globally. Second, as an enabler, providing the tools, resources, and opportunities for anyone interested in ADR to pursue their passion and excel in their career. Third, as a thought leader, contributing to the global discourse on ADR, influencing policy decisions, and setting new benchmarks in practice and ethics. And finally, as a community builder, fostering a sense of belonging, collaboration, and mutual respect among ADR practitioners worldwide. In essence, MediateGuru aims to be more than just a platform; it aspires to be a movement that democratizes access to ADR education and opportunities, thereby playing a pivotal role in shaping the future of this ever-evolving field.”

    LicitElite focuses on enhancing legal skills and knowledge for young law students. How do you believe this platform can help shape the careers of aspiring lawyers, and what unique features set it apart from other legal education platforms?

    LicitElite is designed with the specific intent of nurturing the foundational skills and knowledge that young law students require to excel in their future careers. Unlike traditional legal education platforms that often focus solely on theoretical knowledge, LicitElite takes a holistic approach by integrating practical skill-building exercises, mentorship programs, and real-world case studies into its curriculum. We believe that the law is not just about understanding statutes and precedents but also about knowing how to apply this knowledge effectively in various professional settings. To that end, LicitElite offers a range of unique features such as interactive webinars with industry experts, hands-on legal research projects, and a peer-to-peer networking platform that allows students to collaborate and learn from each other. These features not only provide students with a comprehensive understanding of the law but also equip them with the soft skills needed to navigate the complexities of the legal profession. In essence, LicitElite aims to be a one-stop solution for aspiring lawyers, offering them the resources, guidance, and community support they need to shape a successful and fulfilling career.

    DiploTics focuses on grooming diplomatic and political skills for young people. Could you share some insights into the importance of diplomatic skills in today’s global landscape and how DiploTics contributes to this?

    In today’s interconnected and rapidly changing global landscape, diplomatic skills are more crucial than ever. They serve as the linchpin for effective communication, conflict resolution, and international cooperation. Understanding this, DiploTics was established to groom the diplomatic and political acumen of young individuals who are the future leaders and decision-makers. Our platform offers a unique blend of theoretical knowledge and practical exercises, including simulated diplomatic negotiations, crisis management scenarios, and policy analysis workshops. These activities are designed to instill a nuanced understanding of international relations, geopolitics, and diplomacy. Moreover, DiploTics provides access to a network of professionals and experts in the field, offering mentorship and real-world insights that are invaluable for anyone aspiring to make a mark in the realms of diplomacy or politics. In summary, DiploTics aims to be a catalyst in shaping competent, ethical, and globally-minded individuals who can navigate the complexities of the international stage with finesse and integrity.

    You’ve published extensively on topics related to human rights, international ADR, and geopolitics. What motivated you to delve into research, and how does your academic work complement your practical experience in ADR?

    My motivation to engage in extensive research on topics such as human rights, international ADR, and geopolitics stems from a deep-rooted commitment to contribute substantially to these critical areas. Holding an LLM in ADR has provided me with a robust academic foundation that complements my practical experience. Research allows me to explore the nuances and complexities of these subjects, offering a theoretical lens through which I can better understand and navigate real-world challenges. It also serves as a platform for me to share my insights and findings with the broader academic and professional communities, thereby fostering a dialogue that can lead to more effective and equitable solutions. My academic work and practical experience in ADR are mutually enriching; the research informs my practice, providing me with a well-rounded understanding of the issues at hand, while my practical experience offers a tangible context that adds depth and relevance to my academic pursuits. In essence, the synergy between my research and practical work in ADR enhances not only my own professional development but also contributes to the broader discourse on these vital topics.

    Your research on “Property Rights in Space and Analysis of India’s Future Space Law” was published in a SCOPUS-indexed journal. Could you provide a brief overview of this research and its significance?

    My research on, ‘Property Rights in Space and Analysis of India’s Future Space Law,’ published in a SCOPUS-indexed journal, addresses the complex issues surrounding property rights in outer space. The paper critically examines existing international treaties and conventions, such as the Outer Space Treaty of 1968, to understand their implications for both state and non-state actors in space activities. It also delves into India’s proposed ‘Space Activities Bill,’ evaluating its potential to encourage private sector involvement in space exploration. This research is particularly significant in today’s context, where commercial activities in space are on the rise. It raises essential questions about ownership, ethical considerations, and the role of national legislation in shaping the future of space exploration. The academic work serves to complement my practical experience by offering a nuanced understanding of property rights, a foundational issue that could become increasingly relevant in dispute resolution scenarios in space activities

    Finally, what advice would you like to give to fresh graduates who are just starting their careers in law and alternative dispute resolution, based on your extensive experience and accomplishments in the field?

    Embarking on a career in law and Alternative Dispute Resolution (ADR) is an exciting yet challenging endeavour that requires a multifaceted approach. Based on my extensive experience and accomplishments in the field, I have several pieces of advice for fresh graduates who are just starting their careers.

    Firstly, invest in continuous learning. The legal landscape is ever-evolving, with new laws, precedents, and technologies constantly emerging. Stay updated by reading legal journals, attending seminars, and participating in workshops. Don’t limit yourself to just the law; understand the socio-economic and political factors that influence legal decisions. This broader perspective will not only enrich your understanding but also make you a more effective advocate or mediator.

    Secondly, specialize but don’t silo yourself. While it’s beneficial to have a specialized skill set, especially in niche areas like ADR, it’s equally important to have a broad understanding of various legal disciplines. This multidisciplinary approach will make you more versatile and better equipped to handle complex cases that often involve multiple areas of law.

    Thirdly, networking is crucial. The legal profession is built on relationships. Attend industry events, join professional organizations, and don’t hesitate to reach out to senior professionals for advice or mentorship. Your network can provide you with invaluable opportunities and insights that you won’t find in any textbook.

    Fourthly, focus on skill development. ADR, in particular, requires a unique set of skills that go beyond legal knowledge. You need to be an excellent communicator, a keen listener, and a skilled negotiator. Practice these skills in real-world settings; offer to mediate small disputes, participate in moot court competitions, or volunteer at legal aid clinics. 

    Fifthly, embrace technology. We live in a digital age where technology plays a significant role in the legal profession. Familiarize yourself with legal research databases, case management software, and virtual communication tools. Being tech-savvy will give you a competitive edge.

    Sixthly, ethics and integrity are non-negotiable. The legal profession is built on trust, and your reputation is your most valuable asset. Always adhere to the highest ethical standards, whether you’re interacting with clients, opposing counsel, or the judiciary.

    Seventhly, be patient and persistent. Success in the legal field doesn’t come overnight. You’ll face setbacks, make mistakes, and encounter challenges that test your resolve. It’s essential to remain committed, learn from your experiences, and continually strive for excellence.

    Eighthly, contribute to the community. Whether it’s through pro bono work, academic research, or advocacy, find ways to use your skills to make a positive impact. Not only is this personally fulfilling, but it also enhances your professional standing.

    Ninthly, take care of yourself. The legal profession can be demanding, both mentally and physically. Make time for self-care, maintain a healthy work-life balance, and don’t hesitate to seek support when needed.

    Lastly, never stop dreaming big. Set ambitious goals for yourself and work diligently to achieve them. Whether it’s becoming a partner at a prestigious law firm, establishing your own practice, or contributing to landmark legal reforms, the sky is the limit.

    In summary, a career in law and ADR is a marathon, not a sprint. It requires a combination of education, skills, ethics, and perseverance. Equip yourself with these tools, and you’ll be well on your way to a fulfilling and successful career.

    Get in touch with Param Bhamra-

  • Deepak Narayanan, LL.M. from Queen Mary University, member at Chartered Institute of Arbitrators, UK and on his journey as a legal practitioner

    Deepak Narayanan, LL.M. from Queen Mary University, member at Chartered Institute of Arbitrators, UK and on his journey as a legal practitioner

    Deepak Narayanan graduated in Law from Ambedkar Law College (well known in the past century as Madras Law College) in 2012. Throughout his college life he was an avid participant of extra co-curricular as he firmly believes that it plays a great role in shaping you as a professional. He went to on to pursue his LL.M. in Commercial and Corporate Law from Queen Mary University of London. Deepak regularly appears at the High Court of Madras, District Courts and several Tribunals in Chennai and his practice areas primarily include commercial, corporate, banking/finance and property Law.

    He also specialises in arbitration and represents clients as Counsel before arbitral tribunals and arbitration related court matters and holds the membership to the Chartered Institute of Arbitrators, UK

    In this interview, he talks to us about:

    • The culture at a Law college vs. non-Law college.
    • His experience of interning at various international arbitration centres.
    • The challenges faced by a legal practitioner.
    • How can students overcome the handicap of practical knowledge?

     

    How would you like to introduce yourself to our readers?

    I am a qualified lawyer from India and have experience in wide range of work with a particular focus on litigation and arbitration. I have a general service independent practice with a few lawyers in my team and I cater many major clients including individuals, firms and companies across India. I graduated from Ambedkar Law College, Chennai and hold an LL.M. from Queen Mary University of London.

     

    Tell us a bit about your practice areas and the challenges a legal practitioner faces?

    I regularly appear at the High Court of Madras, District Courts and several Tribunals in Chennai and my practice areas primarily include commercial, corporate, banking/finance and property law. I also specialise in arbitration and represent clients as Counsel before arbitral tribunals and arbitration related court matters. I am in the Panel of Advocates for Bank of India and appear for the Bank at Debt Recovery Tribunals on a regular basis.

    My non-contentious work involves drafting and vetting of commercial contracts for individuals and companies, catering builders and promoters in their real estate work, negotiations and providing legal opinions.

    Every legal practitioner faces unique and different challenges. The practice and procedure being widely diverse in different courts and tribunals, the main challenge is to quickly learn the intricacies to provide an effective solution to your client. Also allocating sufficient time in an already busy schedule to constantly update with new laws and judgements is another main challenge that I am sure any law practitioner faces.

     

    How did your interest gravitate towards Law?

    (Deepak completed his B.A. in Economics from Loyola College, Chennai before pursuing Law and is a State Level Badminton champion.)

    To be honest, I was predisposed to pursue Law since childhood and was inclined to have a go at a few premier National Law Schools in India by taking up the entrance exams. But being a State Level Badminton player, I was offered an admission at Loyola College through sports quota, a premiere institution in both academics and sports. I accordingly decided to finish my undergraduate degree in Economics first.

    I hail from a family of lawyers including my father and a desire to pursue Law never wavered during my three years at Loyola. An aspect of Law that has always been of interest to me is that, Law influences almost every facet of our life, and is constantly evolving to keep up with the dynamic changes to which we constantly try to adapt. In particular, I am always drawn towards Dispute Resolution mainly because it consists of constructive legal argument and an analogy of legal reasoning more often than in many other careers. I strongly believe in following one’s passion and a career in Law has always been my calling.

     

    What was life at Law college? How different was it from a non-Law college?

    Life at Law school was tangentially different from my under graduation in Economics. While my Bachelors in Economics equipped me with the foundation and basics in Economics (which I think is a great specialisation to have as a commercial lawyer), Law college gave me a real insight into the Law profession. It is extremely crucial to keep yourself academically inclined and garner as many experiences as possible out of your institution, which I was able to achieve through participating in moot courts coupled with the immense support of my faculty members.

     

    Did you partake in any extracurricular activities and how important were they in shaping you as a student?

    I was an avid moot court participant and was fortunate to have an excellent team, which I think is fundamental to perform in moots. In my second year, I won the Amity National Law School Moot Court Competition in Delhi on Public International Law. I received a special accolade from the former Hon’ble Chief Justice of Madras High Court, as it was a win for my college after many years. I also captained the badminton team and victorious at sports fests held at NLSIU, Bangalore and NLIU Bhopal.

    I am a strong believer that co-curricular are fundamental in shaping any student. While actual litigation is quite different from moot courts, the experiences I gained from moots have greatly benefited me in my practice.

     

    How was your experience participating in the Willem C. Vis International Commercial Arbitration Moot Court Competition in Vienna?

    (Deepak represented his college twice in the Vis Moot Court Competition.)

    Vis Moot ran through almost my entire academic year and it made me feel like it was part of my academic curriculum. Long work hours and sleepless nights are part of your routine preparation schedule. With arduous oral rounds on the one hand and networking with international students on the other, the entire week at Vienna was enriching and irreplaceable.

    I am also thankful to the Tamil Nadu government to have funded all our expenses on both the occasions that I participated at Vis Moot.

     

    What made you go for higher studies and what procedure did you follow for selecting your college?

    (Deepak completed his masters in Commercial and Corporate Law from Queen Mary, University of London.)

    I pursued my higher studies mainly to specialise in some of the finer areas of Law in which I had more of an inclination than the others. Since, I was greatly interested in arbitration; I applied to universities in the UK after thoroughly researching the facilities and opportunities that the universities provided. I was accepted by these universities and was even offered scholarship at the Southampton University, UK which is famous for Maritime Arbitration Law. In the end, I chose Queen Mary as it had the world renowned School of International Arbitration and luminaries in the field as professors such as Professor Loukas Mistelis and Professor Julian Lew.

    The year at Queen Mary was not ‘rigid in the Indian sense. While there were fewer modules when compared to an LL.M. in India and the classes were spaced out, and the amount of self-learning that had to be done on a day to day basis made the course intense and interesting.

     

    How was the exposure of interning at a lot of international arbitration centres?

    Internship experiences that readily come to my mind are Clyde & Co LLP (London) and at Singapore International Arbitration Centre (Singapore).

    After several rounds of rigorous interviews, I got selected to work in the international arbitration team of Clyde & Co, London office. Being one of the leading global law firms, I had a chance to work in some of their high stake matters including a dispute raised by Microsoft regarding breach of exclusivity clause and also a Middle East investment arbitration dispute. I got a practical insight into live the life of a solicitor at the firm and it was a treasurable experience.

    SIAC on the other hand was a completely different experience. I had an opportunity to witness what happens in an institutional arbitration from other side of the table, i.e., an institution. My work mainly resembled that of a Case Counsel of the Centre and I involved extensive research on international arbitration. I was also briefly involved in making recommendations to the SIAC Rules which were being amended at that point of time

     

    You are a member of the Chartered Institute of Arbitrators, UK. Please give us an insight into this.

    Chartered Institute of Arbitrators is a world renowned organisation which recognises expertise in ADR. Having specialised in commercial arbitration at Queen Mary and through the practical experience that I already possess in the field of arbitration, I was directly inducted at the Member grade (MCIArb) instead of the usual route of passing the necessary modules. As a practitioner, the qualification immensely helps me to showcase my expertise to my clients.

     

    Are you finding a change in your balance between work and life after starting practice at Madras High Court?

    Life as a practitioner always implies more of work and less of personal life and I diligently followed this tradition during my early years of practice. But after commencing my own practice, I have managed to cope up with the work load albeit the work pressure. I still put in long hours but producing immaculate work has become the key rather than putting mundane face time at office for hours together without getting much work done. This enables me to squeeze in a few games of badminton, marathons and triathlons, which help me maintain a balance.

     

    A lot of practice deals with procedural aspects of Law – something that is not emphasized on in Law schools. How can a student overcome this handicap?

    Yes this is completely true and moreover procedural aspects of Law does not just mean learning CPC and CrPC but also having an astute knowledge of working your way through ever so complicated registry and sections of Courts and Tribunals.

    Students can definitely overcome the difficulty by going an extra mile in their internships to learn the various procedural aspects. Instead of just doing research and taking down dictations, students can play more of an active role by shadowing office clerk in section and registry.

     

     As a concluding message, what would be your word of advice to our readers?

    It is essential to pursue a career/field that you like. Whatever is your chosen line, be it litigation or non-contentious work, do you see yourself doing your job day in and day out? If yes, you are in the right field and if no, you need to explore more interesting things.

    Also working extraordinary long hours is the new fashion in almost any career in Law. So make sure you do not burn out and try to have a healthy work-life balance