Super Lawyer

Tag: NUJS

  • “I believe an inherent interest and love for the Law, coupled with deep reserves of patience is an absolute essential if choosing to pursue litigation.” – Aditi Tripathi, Advocate-on-Record at Supreme Court of India.

    “I believe an inherent interest and love for the Law, coupled with deep reserves of patience is an absolute essential if choosing to pursue litigation.” – Aditi Tripathi, Advocate-on-Record at Supreme Court of India.

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

    With over a decade of experience now, what initially sparked your interest in pursuing a career in law? Was it a deliberate decision to enter the legal profession, or was there a specific event or experience that inspired you to take this path?

    I never had to look for inspiration beyond home. My father, Justice Ajay Kumar Tripathi, was a first generation lawyer, who in turn was encouraged to pursue law by Prof. N. Madhava Menon, the architect of modern legal education in India. Watching my father burning the midnight oil in preparation for matters, and listening to his stories about particularly challenging days in court was always fascinating. Even as a child I could glean that here was a career that encouraged inculcating intelligence, quick thinking, and an ongoing quest for knowledge coupled with an element of public service. 

    By the time I was at the cusp of entering college, my father was elevated to the bench, which gave me fresh and unprecedented insight into the gruelling demands of the profession, not only as part of the Bar, but even on the Bench. Having an innate inclination towards humanities over the sciences, I loved studying history and political science and ultimately, decided to appear for the law school entrance exams.

    During my time at NUJS, Kolkata I endeavoured to gain a broad spectrum including during internships. In my penultimate year of law school my elder sister, also a lawyer, advised that I apply for an internship with Amarchand & Mangaldas & Suresh A. Shroff & Co., New Delhi (now Shardul Amarchand Mangaldas/SAM). I interned with the Litigation and Disputes Resolution practice area at AMSS. I assisted the associates in active matters with research and drafting. It was exciting and challenging, and led me to realise that litigation was my true calling. Having liked my work, AMSS recruited me while I was still in my 5th year.

    Having worked with several distinguished legal chambers and law firms, how did these early experiences shape your approach to legal practice? Are there any key lessons or insights that you gained from these experiences that continue to inform your work today?

    My litigation journey started with the Litigation and Disputes Resolution Team at AMSS. AMSS is one of India’s top-tier law firms, while you feel fortunate to be a part of the organization, life at a law firm is gruelling. The long hours, in a high pressure environment is ‘baptism by fire.’ However, working at one of the leading law firms of the country, I learnt to emulate the industry’s best. Law firms give you great exposure, both at a professional and personal level. Handling high stakes matters, I inculcated critical thinking, which makes for a good lawyer, and as a solicitor, I also mastered skills like time and client management. The most important skill I imbibed at AMSS was attention to detail. Another learning from Mrs. Pallavi S. Shroff, the Managing Partner was to always be prepared with the brief, even if you are the junior-most lawyer on the matter. She guided young lawyers to learn every aspect of the matter, including the most fundamental things like ensuring no typographical errors, correct pagination of briefs, preparing proper case compilations, and brief management. Even now in the era of digitisation, these skills continue to serve me well and have set high standards for my final work product.

    Wanting to be in courts more regularly, I joined the Chambers of Mr. Paras Kuhad, Senior Advocate and Former Additional Solicitor General of India. The experience at a senior’s chamber after a law firm was equally if not more challenging and demanding. The most important insight Mr. Kuhad provided was that as a litigator one has to marshall the facts of a brief. Arguments may be subjective, depending on the side you are defending, but not the facts. In court, I frequently see Judges calling upon young counsels to apprise them on the facts of a petition. Judges are always encouraging of juniors who are well prepared. As a young counsel, to receive a compliment from the court is an unparalleled feeling, and goes a long way in building your confidence. This also instils a sense of ownership towards the brief.

    I also had the privilege of being a part of Mr. P.S. Narasimha, Senior Advocate’s chamber (as he then was). While the volume of work made it a high pressure work environment, it was also the most ideal office, with an exceptionally congenial atmosphere. The biggest insight I garnered during my time there was that – with the right attitude and guidance, people thrive and are encouraged to show up and give their 100% every day. As a part of Mr. Narasimha’s office, I worked on matters, which engaged the attention of the nation. Observing Mr. Narasimha, I learnt that keeping your composure, no matter the complexity of the brief, is the touchstone of a good lawyer, and also of a good human being.

    Undoubtedly, the common thread running through all the offices I have been a part of is that there is no substitute for hard work in our profession. 

    After gaining experience with various legal entities, you chose to establish your own practice. What motivated this decision, and what challenges did you face in the early stages of building your independent practice?

    While mentorship under a Senior Advocate helps lay the foundation to your foray into the practise, it is still a bubble. I had already received a taste of solicitor practise, and realised I enjoyed being a litigator more. Therefore, instead of going back to a law firm, I dove into the deep end.

    I decided to go independent while the world was still overcoming the rigours of the pandemic. It was daunting, and there were difficult days. Work was slow and sporadic. After being accustomed to working at a 100 miles an hour, 7 days a week, for close to a decade, this was a new normal. I had to make peace with a different pace. As a silver lining, I got time to prepare for the Advocates-on-Record Exam, which I cleared in 2022.

    The idea is not to get disheartened. Litigation is a patience game, and the patient are surely rewarded. 4 years later, slowly yet steadily, work and clientele has grown, and life has come a full circle. The familiar hectic nature of the practise, 7 days a week is back. I have come to relish it as I now get to work on my own terms. 

    Being an Advocate on Record, what are some of the most challenging legal issues you have encountered? How do you approach representing the Government in the Supreme Court, and can you share an example of a significant matter you handled for the Union?

    The Advocate-on-Record is a bridge between the clients and the court, ensuring compliance with legal formalities and maintaining the integrity of the judicial process. Managing client expectations along with the strict scrutiny from the Court is a fine balance to be struck on a daily basis.

    As Panel Counsel for Union of India, the challenge arises from the multifaceted nature of litigation involving the Government of India. Representing the government requires a nuanced understanding of both legal and administrative issues, with the added pressure of ensuring that the legal positions are consistent with existing policy and legislative frameworks. In cases involving matters of national significance — such as land acquisition, criminal laws, or fiscal regulations — the government’s stance must be defended without compromising on constitutional principles. One dons two hats in such cases, i.e., that of a counsel and also an officer of the court. The responsibility and care when drafting on behalf of the government is also greater. This demands an in-depth grasp of public law, detailed preparation, and an ability to respond swiftly to dynamic legal developments in a high-pressure and high-stakes environment.

    My approach to high-stakes matters involves meticulous preparation and intelligent strategizing. One has to be ready for all possible questions that fall from the Bench. By being proactive, I work towards achieving favourable outcomes even in the most complex issues and questions of law.

    You represent a variety of public-sector organizations. How do the legal challenges differ when representing government-owned entities compared to private clients? What strategies do you employ to address complex issues, particularly when public interest is at stake?

    The most significant challenge is striking a balance between the rights of individuals, the existing policy framework and the larger public interest, especially in cases that involve public welfare or environmental protection. In such cases, stakes are often high, and the outcome can have far-reaching consequences. Additionally, interpretation of laws, particularly in unchartered questions of law and in evolving social and political landscapes, add a layer of complexity that requires constant adaptability and precision.

    You have represented clients in arbitration cases involving significant monetary stakes. Can you elaborate on your approach to high-stakes arbitration and the strategies you employ to achieve favourable outcomes? Additionally, how do you navigate the complexities of cross-border disputes, especially those involving international arbitration bodies?

    In high-stakes arbitration, my approach centres on a deep understanding of the legal nuances, the facts of the case, and the business interests of my clients. With significant monetary stakes involved, my priority is to build a strategy that is both legally sound and strategically astute.

    First, I focus on thorough case preparation. This means not only understanding the applicable law in-depth but also conducting a meticulous review of the evidence, the contract terms, and any prior communications that could impact the dispute. I always anticipate potential challenges and prepare pre-emptive responses. At the same time, I try to understand my client’s broader goals—what outcome they are hoping for beyond just the legal victory—and this informs how I present the case.

    A key part of my strategy is identifying and leveraging early opportunities for settlement or negotiation. Arbitration, while a powerful tool, can be a time-consuming and costly process. If we can settle on favourable terms, I pursue that route, ensuring my client secures a win without unnecessary delays. I assisted Mr. Narasimha in drafting the Mediation Bill under the aegis of the Supreme Court Mediation and Conciliation Project Committee. In the course of the same, I realised the merits of Mediation in assisting clients finding speedy resolutions to their disputes, while the courts grapple with pendency. However, when arbitration is the only viable option, I embrace it fully and leave no stone unturned in presenting the case at its strongest.

    In terms of navigating the complexities of cross-border disputes, especially involving international arbitration bodies, I recognize that each jurisdiction has its own unique set of rules and procedural nuances. My approach to cross-border disputes is based on a clear understanding of both the international arbitration framework and the local legal systems at play. This includes knowing the procedural rules of the institution governing the arbitration, anticipating enforcement challenges, and managing any potential jurisdictional issues that arise.

    International arbitration requires a blend of legal expertise and global perspective. I pay careful attention to jurisdictional choices, as these can have a profound impact on the outcome. A robust understanding of public international law, private international law, and the evolving trends in international dispute resolution ensures that I can effectively navigate the complexities of cross-border disputes and craft arguments that resonate with international tribunals.

    Finally, I focus on maintaining effective communication with all stakeholders involved, including clients, opposing counsel, and arbitrators. Building trust and confidence in my representation is critical, especially in high-stakes matters where the pressure is intense.

    Looking back, what has been one of the most interesting or difficult cases you have handled? How did you approach and navigate the complexities of that particular matter?

    While every case presents its own complexity, in the past couple of years, I have had the privilege of being part of legal teams appearing before Constitution Benches of the Supreme Court. It is incredible. The matters that stood out for me are – the Ayodhya Ramjanmabhoomi Dispute, In Re: Article 370 (the abrogation of Article 370), and the Aligarh Muslim University Minority Status dispute. Apart from being some of the leading cases of their time, these matters also provided the unique opportunity to assist and learn from some of the finest legal minds of our time.

    The learning curve in such cases is undoubtedly steep. In such matters, I learnt that one has to navigate two aspects of the matter – One is the preparatory aspect. Each of these matters were highly contentious, with voluminous pleadings, running into thousands of pages. The facts as well as the dispute itself, in each of these cases also presented the unique challenge of spanning decades. There was also the challenge of tight timelines. While the sheer size of the pleadings can initially feel very daunting, it is important to understand that to be able to effectively assist a Senior Counsel in trimming down all the weight to come up with the best arguments, one’s role as a briefing counsel assumes great significance. The briefing counsel has the task of setting up the foundation for the arguments to be put forth by the Senior Counsel. Here, one gets the opportunity to be creative and come up with novel arguments in support of the brief. For this, one has to be well-versed with the matter including facts, arguments, documents and pleadings – both in support of and against one’s case. 

    It may seem like an oversimplification but in my experience, the only way to do that is to take it head on and get into the depth of the brief. The devil is in the details. The preparatory part of the matter can be gruelling with long hours of research, reading, refining and reshaping of arguments. Of course, it helps that the courts have become committed to going paperless and that makes handling the records in such cases much easier.

    The second aspect is the hearings. Constitution Bench matters pose the challenge of being time-bound, which means the matters may be heard on a day-to-day basis, often spanning many days, from morning to evening. As a briefing counsel, one not only has to keep up with the arguments of the day, note the questions and observations falling from the Bench, but also prepare for the next day, alongside assisting the senior in refining arguments as the matter progresses. Cases of such magnitude and public importance, help develop promptness, lateral thinking and the ability to handle pressures.

    Having worked in both private practice and public sector legal roles, how do you view the evolving landscape of Indian legal practice, particularly in fields such as arbitration and regulatory disputes? How do you see the role of legal practitioners evolving with the advent of technology into the sector?

    The most striking facet of the Indian legal landscape is its dynamism and constant evolution. The ease with which we have been able to navigate hearings before Constitutional Benches of the Supreme Court, such as the ones I mentioned before, is evidence of our profession’s adaptability and the efficacy of going paperless.

    The Indian legal sector is undergoing a period of rapid transformation, driven by both domestic shifts and global developments, and I see this as a golden opportunity for young practitioners like myself.

    In arbitration, India has become an increasingly attractive hub for both domestic and international arbitration, with courts taking steps to reduce delays and create a more favourable environment for dispute resolution. Government of India’s focus on strengthening arbitration laws through reforms, has been vital in this evolution. I also believe that the growing emphasis on institutional arbitration, alongside India’s position within global arbitration networks, will elevate the country’s standing as a leading arbitration venue.

    Regarding regulatory disputes, India’s economic growth and regulatory framework are becoming more complex. Areas like competition law, antitrust, and environmental regulations are seeing increasing levels of scrutiny. Government initiatives to streamline regulations through digital platforms, like the Ease of Doing Business reforms, have also led to a surge in litigation, especially involving corporate governance, compliance, and tax matters. These regulatory shifts require legal professionals to stay ahead of developments and offer creative, proactive solutions to clients who are navigating these dynamic environments.

    In my view, the role of legal practitioners in India is evolving in exciting ways due to the integration of technology. Legal tech tools, artificial intelligence (AI), and data analytics are already reshaping how we research, draft, and even negotiate. The use of AI for contract analysis, predictive legal outcomes, and managing case precedents is quickly becoming standard practice. For young lawyers, this means we need to become proficient with emerging technologies to stay competitive. 

    At the same time, technology provides opportunities to streamline processes, reduce costs, and improve the efficiency of legal services, which can be particularly valuable in high-stakes disputes and regulatory matters where timelines and costs are often significant concerns.

    Furthermore, technology is also facilitating greater access to justice, especially through platforms that enable online dispute resolution (ODR). This is a significant shift in the way legal services are being delivered, and I think it will greatly benefit sectors such as arbitration, where parties can engage in virtual hearings, consultations, and settlements. From a strategic perspective, these technological advancements allow legal practitioners to work more effectively, handle higher volumes of work, and cater to a more global client base.

    While technology will drive efficiency, I firmly believe that the need for human judgment, creativity, and expertise will always be central to legal practice. The ability to navigate complex regulatory environments, understand nuanced legal principles, and build persuasive arguments for arbitration cases or regulatory disputes cannot be replaced by technology. As such, the evolving role of lawyers will likely involve leveraging these technological tools to enhance their practice while continuing to hone traditional legal skills.

    What advice would you give to aspiring legal professionals looking to build a career similar to yours, particularly those interested in litigation, arbitration, and constitutional law? Are there specific areas of law or skills they should focus on to thrive in today’s legal environment? Additionally, could you recommend resources to help them stay informed about the latest legal developments?

    It’s heartening to see the competitiveness and acceptability Law as a profession has achieved. It is also wonderful to see the diverse avenues available to law graduates these days, as compared to the time when I went to law school. But I believe with respect to some aspects of the profession, the more things change, the more they remain the same. This is especially true for litigation as a preferred choice of career for young legal professionals. I believe an inherent interest and love for the Law, coupled with deep reserves of patience is an absolute essential if choosing to pursue litigation. 

    A career in litigation is like a 5-set tennis match. It is important to remember that it is a marathon and not a sprint. To win, one needs to invest time and hard work, while keeping in sight the larger picture. While you may win or lose a particular point, you have to move on and continue to play the next point to win the game, the set and the championship. Similarly, each brief that a client comes to you with, each order, favourable or adverse is a lesson and the building block for sharpening your skills and honing  your court craft. The learning never stops. Recently, Mr. Sidharth Luthra, Senior Advocate, happened to see me during arguments. He met me after and gave me very sound advice – the outcome of a matter is a combination of many factors, and it does not matter whether you win or lose. The important thing is to be on top of the matter and give your best. Hence, one must remain committed to putting in the hard yards and give your best shot at every juncture. 

    Another advice I would like to give to aspiring legal professionals is to initially try and gather as much varied experience as possible. In the initial years it is better to be a jack of all trades. Many young law graduates these days on being asked what their preferred career trajectory is, tend to answer that they would like to pursue a full-time career in one field of law such as arbitration, intellectual property, technology law, etc. While an interest in a specific field of law and clarity in the early years is great, however, the legal arena is ever-expanding. For a well-rounded development as a good litigator, it is advisable to have a general approach so as to learn as much as possible. 

    As for keeping oneself informed, about the latest legal developments, there is no dearth of information, especially in the era of social media and dedicated portals that update latest legal pronouncements and developments in real time. That being said, one must guard against falling prey to the tendency of the “3-second attention span” and scrolling culture. The idea is not only to be aware but well-informed. Therefore, it is important to read, not just the news flashes but the very judgments and reflect on the same. I am somewhat old school that way and have found in my experience that books and commentaries are great allies when wanting to understand the evolution of the law, and achieve greater clarity on principles of law.

    With your career balancing both high-profile legal work and professional responsibilities, how do you manage your work-life balance? What strategies or practices help you maintain personal growth and stay motivated to excel in such a demanding and fast-paced field?

    Managing work-life balance in a demanding career requires a combination of personal discipline and regular self-reflection. The hard truth is, the practise of law is not for the faint-hearted. Personally, the concept of work-life balance has eluded me throughout the better part of my career. That being said, court vacations provide a welcome opportunity for respite, offering precious time to reconnect with family and loved ones. Beyond these breaks, I believe it is essential to cultivate at least one hobby or interest outside of work. My mother encouraged me to take up gardening. Spending time in my garden is my favourite way to destress. I also find travel rejuvenating. It helps to reset perspectives and makes returning to the demands of the daily rigmarole more manageable. I also try to catch up on reading. Not just the law books, but good old literature. Sports is also a great way to get centered. I love to swim, play tennis and practice yoga. I try to be regular, even on working days. I recently picked up ballroom dancing. While one’s career is undeniably important, it is only with a healthy body and a healthy mind that one can give their best.

    Get in touch with Aditi Tripathi –

  • “Laws are always changing and something new or the other is coming up always which will keep you on your toes irrespective of however many years you may have spent in this profession.” – Amrita Panda,  Advocate-on-Record at Supreme Court of India.

    “Laws are always changing and something new or the other is coming up always which will keep you on your toes irrespective of however many years you may have spent in this profession.” – Amrita Panda,  Advocate-on-Record at Supreme Court of India.

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

    With over a decade of experience in the legal field, what initially inspired you to pursue a career in law? How did your time at National University of Juridical Sciences, Kolkata, influence your understanding of the law and shape your career path?

    In school I used to love reading Perry Mason and John Grisham. Perry Mason navigating through difficult witnesses with elan and convincing the jury of the innocence of his client caught the fancy of a dreamy eyed teenager, and thus, with no family background in the subject I went to write the NUJS entrance exam. In college I actively participated in tons of moot court competitions and the adrenaline rush I got every time I was bombarded with questions from moot court judges (who are never kind!), made me realise that litigation was my calling. Every single internship of mine was a litigation internship and quite a few with Mr. Satish L. Maneshinde, Sr. Adv. in Bombay who in my eyes, was and still is, the real life Perry Mason. 

    My time at NUJS widened my horizons and gave me an insight into perspectives about litigation in other parts of the country, and then also globally. Ranking as one of the top institutions for law, NUJS saw a lot of talent from across the country. Being exposed to such versatile talent taught me to become open-minded not just about the profession, but also about life in general. And then of course the exposure I received from participating in several moot court competitions and internships, ultimately helped me realise my calling and shaped my career path. 

    After completing your law degree, you chose to pursue an LL.M. in Commercial and International Dispute Settlement at Queen Mary University in London. What drew you to this specific area of specialization, and how did your experience there differ from studying in India? Can you share some memorable experiences from that time?

    From my second year in college, I started participating in leading moot court competitions in international commercial arbitration. So my exposure to the subject started as early as second year of college, and now about 60% of my practise is commercial arbitration. Arbitration is a relatively new subject, at least in India which has grown at a jet speed in the last decade. In India we learnt the foundation of the subject, its origin in India, etc, but I chose the course at Queen Mary, University of London since it offered a very practise-centric course. We were taught by leading practitioners in the field and about 80% of our evaluation was hands-on training by the doyens in the field globally. While participating in the Vis East Moot we had read articles authored by Prof. Julian Lew and Constantine Partasides who were demi gods in the field for me. So imagine being taught by them at Queen Mary where they would teach a topic through real life experiences and anecdotes. My time at Queen Mary gave me the assurance I needed to remain in practise. 

    What motivated you to start your own practice, and what were the key challenges you encountered in those early stages? How did those formative experiences help shape the direction of your career? Additionally, how has your role as an AOR influenced your professional journey?

    Being a first generation lawyer, litigation was of course no cake walk, and that too in Delhi where I started in 2012, in a city that was absolutely new to me. I was fortunate to be mentored by Mr. Rajshekhar Rao, Sr. Adv. during my initial days in Delhi. After my time in his chamber, Debesh, my husband, pushed to start my own practise. With his support and encouragement, I decided to take the plunge, and since then I have not looked back. Setting up a practise in Delhi has been an uphill task, but I am blessed with very good seniors and mentors who have always looked out for me. I have also had very supportive clients who have been the best reference for me, and slowly yet steadily I managed to establish a very very tiny foothold in this city. 

    Becoming an AoR in 2022 was a good decision. I feel the AoR badge opens up more avenues, especially as a first-generation lawyer. You become acceptable and eligible for certain empanelments as an AoR and in Supreme Court, as young counsel, if you are arguing your own brief, judges definitely acknowledge that. 

    When preparing for complex cases before the Supreme Court of India, what is your approach? What has been one of the most interesting cases you’ve handled, and how did you approach it especially if you could share insights that might benefit young readers?

    Usually by the time a matter reaches the Supreme Court, it has been through several rounds of litigation and all possible issues would have been thrashed multiple times in the Courts below. In such a scenario, identifying that one point which will convince the Supreme Court to interfere in the matter, is the real challenge. 

    In 2017 – 18 I was doing a Civil Appeal before the Hon’ble Supreme Court of India which was arising from the Satyam Scam issue and it involved interpretation of SEBI’s Insider Trading Regulations. This matter involved analysing the securities law aspect as well as connect criminal law aspects arising from the alleged transactions. This was probably one of the most challenging, yet rewarding matters in my career so far, not just because of the complexities involved in the matter, but also because final arguments before the Supreme Court took place in this matter happened in about 2 weeks after I had delivered my son. Because of the complexities involved, we were not in a position to take adjournments in the matter and having prepared the matter with so much labour with leading senior advocates over the last few months, I was reluctant to give up on this matter. 

    Ten days after closing final arguments in the matter, the judgment by the Supreme Court has probably been a victory in my career that I cherish the most purely because I know the kind of odds I faced not just dealing with the complex legal issues within a very short timeframe, but also dealing with my personal situation. This matter taught me that hard work is always rewarded irrespective of the odds, and if you have been dedicated with your work, the universe conspires in miraculous ways to fulfil your dreams. 

    You’ve handled numerous outstation cases across various High Courts and Tribunals throughout the country. What motivates you to take on cases beyond your local jurisdiction, and how would you describe your experience working in different courts?

    As a first generation lawyer, I always joke about the fact that I am ready to argue a matter even before a lamp-post! I was just delighted to get the opportunity to argue, the location of the Court mattered little to me. Being an outsider to Delhi, I started getting some briefs before the Calcutta High Court, Bombay High Court, etc in the initial days of my career. Gradually my practise developed in such a way that I have appeared before most high courts of the country, I have also appeared in several district courts and Tribunals outside Delhi. I feel out-station appearances gives you an insight into peculiar cultures of different courts and enriches you as a lawyer. Also, arguing matters before different high courts as a young counsel has given me recognition with judges who have later been transferred to other High Courts or the Supreme Court, and with counsels of those Courts who have thereafter referred matters to me in Delhi. 

    Given your trial experience before the Competition Commission of India, how do you see the role of the Competition Act in regulating business practices in India, and what challenges do various entities face in ensuring compliance with its provisions? 

    The Competition Commission of India has been playing a very active role in monitoring business enterprises in India irrespective of their size and spread of operations. In fact in 2023 the Hon’ble Supreme Court held that all Public Sector Undertakings also come within the purview of the Competition Act, 2002. In recent times CCI has passed ample orders and judgments in different cases in relation to the alleged anti-competitive conduct by Google. Upon coming to a finding of anti-competitive conduct, CCI is imposing large penalties on business giants like Meta. All of this I think goes on to infuse a sense of predictability and certainty in the market. With the regulator playing such a pro-active role it goes a long way in gaining the confidence of the business community and provides a secure and encouraging environment for smaller new and emerging business entities. 

    As an arbitrator appointed by the Delhi High Court, what has been one of the most challenging arbitration cases you’ve handled? In your opinion, how do you foresee the future of Alternative Dispute Resolution (ADR) evolving, particularly with the increasing integration of technology into the legal field?

    I have been most fortunate to have been appointed as an Arbitrator by some judges of the Hon’ble High Court of Delhi. Sometimes as counsel, we do not realise the challenging task that judges shoulder day in and day out, coming prepared for so many matters and then listen to both counsels contend their sides and then arrive at a conclusion which is sound in reasoning and backed up by authorities so as to minimise the prospect of a challenge. The role as an Arbitrator is a mini trailer of what the judges do everyday and it makes you realise how difficult and daunting it can be to sit in that chair. 

    As a counsel in the latest 7 judge bench matter of the Supreme Court in the field of arbitration, I was witness to the Hon’ble Supreme Court overturning its decision of the 5 judge bench in less than a year in In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899, and playing a pro-active role in upholding India on the global stage as the new hub for commercial arbitration. What was most stunning is that for the hearing which continued over a week, with voluminous submissions made by the stalwarts in the field, there was not a single paper in the courtroom. The room did not seem inundated with reams of paper which is what used to be the normal in every courtroom until even a few years back. All judges and counsels were relying on their respective devices and the matter continued seamlessly over a week. I think a silver lining at the end of Covid 19 has been the openness to technology which has surely made the legal fraternity more environment friendly. 

    Representing doctors in matters related to the constitutional validity of the West Bengal Clinical Establishments Act must have been a demanding experience. Could you elaborate on your approach to the case and the challenges you encountered while navigating the constitutional aspects of the matter?

    Considering that public health and medical profession as a field are adequately regulated by parliamentary legislations being an Entry under List 1 of the Constitution, this Act had been challenged on various grounds as being repugnant to parliamentary legislations and being violative of the Constitution. Being a daughter of a practising doctor, this matter was more of a personal matter for me. When a writ petition had been filed before the Hon’ble Supreme Court by the group of doctors, the Supreme Court sent the matter back to the High Court for the High Court to take a preliminary look at the constitutionality of the Act. Before Calcutta High Court the constitutional aspects were very well appreciated, the enactment much watered down and in fact, as on date in fact the Hon’ble High Court has passed several orders where the powers of the Regulatory Commission under the Act has been significantly watered down and several Orders and Advisories passed by that Commission are repeatedly quashed by the Hon’ble High Court on inter alia on grounds of being unconstitutional. 

    With your diverse roles as an AOR, Arbitrator, and counsel in high-stakes constitutional cases, what do you believe is the most important quality law students should develop to succeed in the legal profession? Additionally, can you recommend resources that would help them stay updated on the latest legal developments?

    I think the most important asset in litigation is patience. I have seen many talented legal minds quit the profession due to lack of patience. This profession is a slow burner, so you will always have a slow start. But if you have the patience and the family support to struggle through the initial few years, this profession is also very rewarding. I don’t think you can ever feel that you have reached your peak in the profession. Laws are always changing and something new or the other is coming up always which will keep you on your toes irrespective of however many years you may have spent in this profession. I keep joking that the Supreme Court is probably one place where you will find the fittest grey hair running around like teenagers all day. In my early years in the profession, I had the opportunity to assist Mr. Fali Nariman, Sr. Adv. in a few matters. The twinkle in his eyes every time we would find an argument to counter the other side was no different from a 5 year old who has just figured out all the pieces in his jigsaw puzzle. 

    One thing I always keep learning from the younger lawyers is the ease with which they embrace technology. I have benefitted hugely by gracing technology into my daily work life, but I can also say that it would have been impossible without the tutoring from my very able younger colleagues in the office. These days all resources are available online and now with AI coming in, soon legal research will probably become even easier than what it is now. But a word of caution for younger lawyers, to always verify content generated by AI. At least till now AI has not been able to replace the human excellence and inter-personal nature which I think is the bedrock of our profession. 

    Given the intense nature of your professional commitments, how do you manage to maintain a balance between your professional responsibilities and personal life?

    I don’t think it is possible to balance the two. I feel we are always juggling between professional responsibilities and personal life and struggling to ensure that the ball does not drop. At all points of time, you need to prioritise one over the other and make a decision which you can justify, at least to your conscience. As a mother to a 6 year old, I realise the importance of being present for my son. But what I am most grateful for is that he realises that his mother is a happier person, hence a happier mother (who he finds easier to mould!) if she has had a good day at work. Our profession allows us to take vacations at fairly regular intervals and luckily most of our vacations coincide with school holidays giving us ample opportunity to enjoy quality time with family. That is how we manage to keep the circus going! 

    Get in touch with Amrita Panda –

  • “My journey into law was a choice of passion over convention, fueled by a desire to explore intellectual property rights and make a meaningful impact in the field.” – Vibhav Mithal, AI & IPR lawyer & Associate Partner at Anand and Anand.

    “My journey into law was a choice of passion over convention, fueled by a desire to explore intellectual property rights and make a meaningful impact in the field.” – Vibhav Mithal, AI & IPR lawyer & Associate Partner at Anand and Anand.

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

    Hello and welcome to SuperLawyer Youtube channel. And once again, we are here with a phenomenal personality Vibhav Mithal and a very dear friend. I have known him for more than a couple of years now. Welcome Vibhav. Thank you for agreeing to this interview. And yes, I should introduce him as a partner at Anand and Anand and other than that, he will carry forward with his own story.

    I would request you to tell us about your journey into the legal field, and how you decided to become a lawyer, especially in intellectual property rights, which you are fascinated about and have made a name in. What inspired you to specialize in such a niche area? And please take us through your journey. Welcome Vibhav and thank you.

    Thank you so much, Divya. It’s an absolute pleasure to do this with you. I’ll start from the beginning of my journey. My parents are doctors, and there’s a conventional expectation in India that a doctor’s son will become a doctor or an engineer’s son will become an engineer, right?

    My father told me clearly, “Son, you won’t be able to do engineering,” so it was between medicine or another profession. I honed in on law because, at that point, it was more a process of elimination. I didn’t want to do engineering, and although I considered medicine, I wasn’t sure. Both my parents cast long shadows, being very successful in their fields. I felt that pursuing law would give me the flexibility to move into journalism, which interested me at the time. I was heavily involved in theater during school, and I thought I might explore laws around theater and playwrights, or perhaps even pursue an MBA after law school. Thus, I chose law, keeping my options open.

    Once I made up my mind, I started coaching during class 12. Even though I was busy with my board exams, I began career launcher coaching from SDA market in New Delhi. I remember this very clearly; it was back in 2007-2008 when I took the CLAT exam while also preparing for my 12th boards. Despite taking up the coaching, I couldn’t focus entirely on it because I prioritized my 12th exams. However, I was very mindful and present during the coaching classes, which were held every Monday from 5:30 to 7:30 PM.

    By the time I reached the CLAT exam, I had a good understanding of how to approach competitive exams. I also did a crash course with Career Launcher in April before the exam. Fortunately, I made it to NUJS, Calcutta. I had a clear strategy for the CLAT exam, knowing how many marks each section was worth, how much time to allocate to each section, and the order in which I would tackle them. I prepared thoroughly for the black-and-white sections like GK and English vocabulary, while practicing the more nuanced sections through mocks.

    NUJS was fantastic for five years, but I won’t go into too much detail. Moving on to the question about intellectual property, one of my uncles, Ratan Masaji, introduced me to the concept when I was in my second year of law school. We were at the Indian Habitat Center, having tea on the terrace, and he mentioned an IP case. The idea of intellectual property intrigued me

    By the end of my third year at NUJS in May 2011, two significant events occurred. First, I interned with Geeta Luthra, a renowned civil litigator, which ignited my passion for litigation. It was an intense internship, with long hours from 10 AM to 1 or 2 AM, spanning four weeks. During this period, I experienced the trial courts in Delhi, which remained active until June.

    The second notable event was meeting Rodney Ryder, a prominent figure in intellectual property law, in CP. He shared his experiences and recommended I read “Rembrandts in the Attic,” a book on intellectual property rights and monetization, particularly focusing on patents. This book, written in the early 2000s, discussed the evolving perception of intellectual property in America.

    After reading the book in the summer, my fourth-year courses in intellectual property began. My professors, Anirban Majumdar (copyright law), Vishwas Devaiya (trademark law), and Shamnat Basheer (patent law), further solidified my interest. Anirban sir’s teaching resonated with me, especially due to my background in theater. Shamnat sir shifted my focus from copyright to patents, and Vishwas Devaiya sir introduced me to trademark law.

    By the end of my fourth year, I was certain about pursuing intellectual property law. Despite being in the top 20 of my batch, I chose not to participate in placements. My commitment was clear to my peers, who often went on weekend trips while I focused on internships and coursework to enhance my CV.

    In my final year, I faced pressure from my mother to consider placements, but I remained steadfast in my decision to specialize in intellectual property. I dedicated my time to relevant internships and coursework to ensure my CV reflected my focus on IP. This was a stressful period as IP litigation jobs were scarce.

    Fortunately, in March 2013, Anand and Anand held a recruitment fair at my college. I was interviewed and selected the same day, about 40 days before my final exams. The interview, which has become part of ANA folklore, involved questions on patent law and the concept of a person of ordinary skill in the art. My current boss and Mr. Anand himself conducted the interviews.

    This journey, from my third year to securing a position at Anand and Anand, highlights my commitment to intellectual property law and the steps I took to achieve my goal.

    Your story is truly fascinating, especially how you were so determined to focus solely on intellectual property litigation. This field is still quite niche and hasn’t become mainstream yet. Thank you for your dedication, as it ensures we have skilled lawyers in India who specialize in intellectual property litigation.

    With that in mind, you must have witnessed significant changes over the past decade in this field. What kind of advancements or enhancements have you observed, and how have you contributed to these changes? Please share your story.

    I think one of the main aspects of changes in intellectual property law over the last decade is my tenure at Anand since I left law school. One important thing for the audience to understand is that Anand and Anand is a pro-IP firm.

    We protect and enforce intellectual property rights, standing up for the IP owner across various fields, including trademark law, patent law, and copyright. For instance, in patent law, we represent the patentee, such as a cancer drug owner. In trademark law, we stand with brand owners, and in copyright law, we support individual artists or singers against any opposing party. The changes we’ve seen in IP law are viewed through this protective lens. Much of the intellectual property rights litigation occurs at the Delhi High Court.

    Let me highlight two to three major changes in IP law from different perspectives. First, regarding the reliefs granted by the court: On my first day on the job, my immediate boss handed me the 275-page judgment passed by Justice Manmohan Singh in the Roche Cipla patent infringement dispute. This was the first lawsuit filed under the Patents Act of 1970 after the product patent regime had begun. My first two and a half years involved being part of the Roche versus Cipla appeal. Roche, a cancer drug maker, had initially lost before the single judge, and the first appeal was before the division bench. During this process, I learned a great deal about patent law, conducted extensive research, and honed the art of handling complex matters.

    A significant change occurred on November 27, 2015, when we won that appeal. The court laid down several concepts of patent law and jurisprudence, particularly in the context of pharmaceutical patents, which remain relevant today. This victory marked a shift towards a pro-patentee stance about two and a half years into my profession.

    In terms of substance, trademark law reliefs have blossomed, now including costs and damages against infringers. Copyright law jurisprudence has also been evolving and growing. The reason I emphasize this from a patent perspective is that it illustrates how jurisprudence evolves, especially in the more nuanced areas of law.

    Another significant experience was my involvement in the Monsanto dispute at the Supreme Court level after returning from my LLM. This dispute provided a different type of experience, where I was not only the most junior member but also deeply familiar with the case files.

    So, the issue was more in the context of patent eligibility tests. Simply put, it was about determining whether an invention qualifies as a plant variety, a gene, or something else. The court was able to understand the various legal issues, set aside the decision of the division bench, and sent it back to a single judge for reconsideration and trial.

    I highlight these points from a patent perspective to show how courts adeptly understand the nuances of legal issues. Outcomes can vary, but this change shows progress.

    The second change relates to procedural aspects. In India, associates involved in litigation ensure that once a lawsuit is filed and summons are served, service is coordinated through their office. I remember in 2015, about two years into my career, I had to serve a defendant in a foreign country. I got their address from public domains and gave it to our courier service, but they reported the address as incorrect. This led to a lengthy argument, as an incorrect address meant the defendant wouldn’t be served, prolonging the litigation unnecessarily.

    One notable change is the introduction of WhatsApp service by the Delhi High Court in 2018, which streamlines this process. Additionally, procedural laws have evolved, imposing strict timelines. If a written statement isn’t filed within 120 days, the right is forfeited. Previously, after filing a written statement, separate processes like admission denial affidavits would extend the timeline significantly. Now, these processes are clubbed together, expediting litigation.

    For example, in 2022, post-COVID, I handled a trademark case where the defendant had no viable defense. We moved for summary judgment, argued, and received a favorable ruling, saving the client’s costs for a full-fledged trial. These changes, largely due to the Commercial Courts Act, recognize IP as a commercial dispute, altering litigation timelines and procedures. The Delhi High Court’s rules also include WhatsApp service, reflecting significant procedural advancements.

    Lastly, with the abolition of IPAB, the Delhi High Court’s Intellectual Property Rights Division now handles both IP infringement cases and appeals from the registry. This has expedited the resolution process; for instance, two trademark appeals were decided within 36 days.

    For students and new practitioners, these rapid changes require a clear understanding of timelines and meticulous planning. While litigation often focuses on immediate deadlines, having both a macro and micro view is crucial. Balancing short-term responses with long-term planning helps navigate the evolving legal landscape efficiently.

    Your explanation is meticulous. Your ability to recall dates, days, years, and everything in such detail is impressive. It’s not easy to maintain that level of precision, and it’s commendable.

    As you mentioned your LLM, could you elaborate on that a bit more? Specifically, what differences did you notice between the study process in India and in the US? A comparative analysis would be very insightful. Additionally, how did your thought process change after completing your LLM and returning to rejoin your work? Would you be willing to share those experiences?

    Of course, it’s an excellent question. Before I address the differences and changes, I think it’s essential to first discuss when to pursue an LLM. The decision is highly personal.

    An LLM’s value depends significantly on what you make of it. One of the most crucial aspects of an LLM is how you utilize the program, the choice of the program, the professors, and the course combinations. How you spend your time in the program defines your LLM experience and impacts your time after completing it.

    Whether to pursue an LLM immediately after college or after gaining work experience is a personal choice. I chose to do it after working for a few years for several reasons. Firstly, you gain better clarity about your goals with an LLM after having two to three years of work experience. While two to three years of work experience is ideal, a minimum of two years is necessary. This experience teaches you discipline, how to handle stressful situations and deadlines, and it clarifies your mind after some time in practice.

    For instance, if you’re practicing in a specific area, you might decide to pursue an LLM in that same field. In my case, I was practicing intellectual property law and chose to do an LLM in the same area because my practice confirmed my interest in intellectual property. However, it could have gone the other way. After two or three years in intellectual property practice, I could have concluded that I wasn’t enjoying it and decided to pursue an LLM in a different field.

    There are advantages to gaining work experience before pursuing an LLM. The overall LLM experience is different because, with work experience, you don’t get overwhelmed by tough professors, challenging assignments, or grading concerns. You’re able to handle situations on their merits and substance, focusing on what you want to learn without being overly concerned about grades. This clarity often comes with work experience.

    Additionally, work experience helps you decide which LLM college to attend. I had a few options, but I chose to attend Boston University School of Law for their niche LLM in Intellectual Property program, even though it didn’t qualify me for the US bar exam.

    Of course. It’s an excellent question. Before I address the differences and changes, I want to first discuss when to pursue an LLM. This decision is a personal choice.

    I made a conscious decision in my journey. I remember having an informal interaction with a leading law firm in the US. They mentioned that they had encountered many Indian lawyers who come to America, but I was the first one they met who didn’t intend to take the bar exam or even choose a course that required it. I explained that given my job experience and exposure in India, achieving an equivalent position in America would take three to five years, perhaps even less, but it would still require significant time. Therefore, the bar exam was not a priority for me. Instead, I focused on learning intellectual property.

    During my studies, I took diverse courses, including Trade Secrets Law, Food and Drug Administration (FDA) Law, and an IP Workshop at Boston University School of Law. In the IP Workshop, we critiqued leading academics’ papers, including one on the Oracle-Google Java API copyright dispute, which the US Supreme Court later decided in favor of Google. I wrote a paper supporting the copyright owner, diving deep into the history of the dispute.

    This academic course, seemingly detached from practical practice, taught me to understand and formulate arguments based on the underlying positions of opposing papers. This skill has been invaluable, even aiding me in the Monsanto decision when I returned to India.

    In terms of differences and takeaways, one significant aspect of American legal education is the required study time. For every hour of class, an average reader needs at least three hours of study outside class. For instance, 10 hours of class time a week, or 10 credits, translates to 40 hours of study. This means dedicating eight hours every day, Monday to Friday, solely to studying.

    Each lecture comes with assigned readings, and professors ask questions based on these readings. If you’re unprepared, you’ll fall behind and have to catch up on your own. Staying on top of readings is crucial for continuous learning. Professors will push you if you’re diligent. For example, in my Food and Drug Law course, my professor encouraged me to compare the biologic and biosimilar regimes in India, rather than taking an end-semester exam. She is an authority in the food and drug space, and her guidance was invaluable.

    This commitment to preparation and engagement defines the American law school experience and is a key difference from other systems.

    I ended up writing a 70-page paper for that course, not because I had planned to, but because the professor engaged with me continuously, rather than assessing me on an end-semester exam. She kept giving me deadlines, saying things like, “I like the discussion. Why don’t you come back with a title next week?” So I went back with a title. Then she said, “I like the title. Why don’t you come back with an abstract next week?” I wrote the abstract. Then she said, “Now that you have the abstract, let’s work on the informative portion of the paper, and then we’ll come to the analysis.” This created a different kind of engagement.

    On the academic side, the LLM experience involves investing in your education and studies. However, an equally important aspect is the exposure outside the classroom, where you meet people from different countries. During orientation, I made sure to meet every single batchmate. This is common across any law school, but I made a concerted effort to connect with everyone. As a result, my friend circle grew to 16 people from 11 different countries. Despite the craziness of studies, we managed to do three trips together. We went to Mexico during spring break with half of the group, and after exams, all 16 of us took a trip to Cape Cod in Massachusetts. We rented a large house that could accommodate all of us, which took half an hour just to explore fully.

    One memorable moment was when we arrived at the house in May, around this time of year. The American winter had just ended, and summer hadn’t fully started yet. We got there around noon, but by 7 PM, we realized no one had entered the kitchen, and we were all hungry. We discovered the stove didn’t work, so we called the person who arranged the rental. He panicked, saying he would send someone to fix it, but that person didn’t speak English. We assured him it wasn’t a problem, given our diverse group from 11 different countries; we would manage.

    This experience highlighted the value of an LLM beyond academics. It teaches you many skills and builds lasting friendships and big ideas. It’s been seven years since I finished my LLM, and I’m still in touch with my alma mater, BU Law. I even spoke there recently. We had a reunion in 2019, reinforcing the strong connections formed during that time. My LLM books are still on my shelf, and I refer to them when needed. Some recent matters I’ve worked on directly relate to my LLM studies, particularly in IP law.

    An LLM experience isn’t just about ticking off a checklist; it’s about growth and development, both consciously and subconsciously. It’s important to be clear about why you’re pursuing an LLM and how you intend to use it. The combination of professors and courses you choose is crucial, but so is enjoying the journey. My schedule was set: I studied from Sunday to Friday evening, then spent Friday evening and Saturday with friends. Saturday morning was for house chores and a bit of study, and Sunday was dedicated to studying. Every weekend, from September until graduation, we had fun on Friday and Saturday nights. Looking back, I feel like I balanced my studies and social life well, and I certainly made the most of my time with friends.

    Wow, what a fascinating journey you have had! I don’t know whether you planned it all or if it just happened flawlessly for you, but you always seem to achieve the best possible outcomes in whatever you do. From my experience with you on AI and law, as well as AI and IP, I can certainly attest to that.

    As you enjoyed your LLM and your work with Anand and Anand, where you decided to prioritize IP, it has clearly become your niche. You are now an authority in the field. I want to ask, how did you come to love AI and law, as well as AI and IP, in the same manner? What prompted this interest, especially since you started working on it long before it became a popular topic? Additionally, could you please share your perspectives on the current impact of AI on IP and what you foresee in the future, given your extensive experience?

    Thank you for that question. My interest in AI is something that often surprises people, both at my workplace and elsewhere, especially considering my passion for IP. They often wonder how I got into this field. I think it boils down to a couple of key factors.

    First and foremost is curiosity. I’ve always been curious, and AI intrigued me way back in 2019, just two years after completing my LLM. Second, my brother-in-law, who is heavily involved in AI, played a significant role. Similar to how I had a masaji who spoke about IP, I had a jijaji who mentioned AI in conversations. Additionally, in 2019, Mr. Anand organized a moot court focusing on AI issues, which led to further discussions and piqued my interest in AI.

    The real turning point came during the COVID lockdown. With the extra time on my hands, I stopped watching TV by mid-April 2020, just a month after the lockdown began. Instead, I started reading more. I came across articles by Karen Hao, who wrote for MIT Technology Review and published a weekly newsletter called “Algorithm.” Her writings sparked my interest further. I even wrote to her, and she knows about my admiration for her work.

    Around the same time, I joined the MKAI (Milton Keynes Artificial Intelligence) community. They held weekly events on AI, which I found fascinating. They also had a WhatsApp group for discussions. By November 2020, I was actively participating in these discussions, dedicating an hour or so each evening to reading, responding, and sharing my views instead of watching TV.

    This routine continued for about six months until Richard Foster Fletcher asked me to become the voluntary head of the MKAI community in early 2021. I held this role until the end of 2022. During my one and a half years with MKAI, we conducted numerous LinkedIn Live sessions, where I often served as the lead panelist. This period significantly enriched my understanding and involvement in AI.

    So, my journey into AI began with curiosity and was fueled by influential people and timely opportunities during the COVID lockdown.

    My journey into AI ethics began with what could be termed as a long-distance LLM, or an interactive LLM, if you will. Monthly events and my role as a lead panelist in LinkedIn Live sessions required extensive reading, sparking my interest in AI ethics. One particularly impactful read was a book on AI ethics authored by Mark from MIT, alongside literature on machine learning and “Transforming in the Age of AI,” which I began exploring in 2020, just before COVID-19. These discoveries were driven purely by curiosity.

    Soon after, I became involved with a Springer journal titled “AI Ethics,” joining its peer review board upon nomination. This marked my formal introduction to the field. Subsequently, my tenure as voluntary head of community at MKAI, an organization dedicated to general AI, spanned one and a half years. MKAI proved invaluable for anyone looking to delve into AI and establish themselves in the field.

    My involvement with MKAI coincided with my joining ForHumanity, a role closer to home as they were then developing an AI systems audit framework under data protection laws. This move solidified my commitment, and I haven’t looked back since. With ForHumanity, initiatives like Koli Team India were launched, focusing on India’s AI policies from 2021 onwards. We meticulously reviewed the national strategy, responsible AI reports, and contributed to shaping the AI audit scheme proposed in the withdrawn data protection bill. Throughout 2022, I actively participated in responding to industry calls for comments, forging connections that furthered organic growth.

    LinkedIn played a significant role during this period, facilitating high-quality interactions and connections across the globe, especially during the COVID-19 pandemic from 2020 until early 2022. Although initially centered on IP and AI debates, my focus evolved towards understanding AI comprehensively—exploring AI ethics, responsible AI, and its ethical implications. This broadened perspective led to collaborations with industry bodies and engagements with legal aspects, particularly concerning generative AI and IP issues.

    My involvement extended to providing initial feedback to NASSCOM on their generative AI guidelines, an effort recognized in their published report of June last year. These experiences have shaped my understanding of AI from a legal lens, highlighting its impact on intellectual property and sparking debates on ownership and authorship.

    Looking back, my journey has been defined by a deliberate curiosity and a strategic choice in how I allocate my time. Engaging with AI holistically, I’ve maintained a non-technical approach, leveraging my legal background to translate ethical considerations into responsible AI practices—focusing on data protection, IPR, and security implications. As the landscape continues to evolve, my commitment remains steadfast, anchored in a clear understanding of AI’s legal implications and its transformative potential.

    Wow, “Chip War” is one of my favorite books. Yes, Lord Tim Clement. I’ve read a lot about him and have interacted with him a couple of times. I enjoy how with every sentence he speaks, there’s always a book reference. That’s something that makes me really happy. It’s rare to find someone who always has a book to refer to, and I love that. I’m an avid reader myself. I have all the books in the series, like “Chip War,” “Breached,” and others that explore AI and law from a non-technical perspective. It’s important not to always view it from a technical standpoint.

    Knowing you as someone who demystifies AI from a non-technical angle, I’d like to ask: What key points do you think everyone should understand about AI, not just from a technical standpoint but also from a legal perspective? Additionally, for students and young lawyers in fields like litigation or IP law, how do you suggest they approach building a career similar to yours? What should they focus on as law students or early-career lawyers?

    I appreciate these insightful questions. I’m glad to see the flow of our conversation touching on various aspects. Let me share my journey, focusing on two key areas you’ve highlighted: understanding AI and what students can do in this domain.

    Firstly, it’s crucial to grasp the current AI landscape. AI can be categorized into two main types: artificial narrow intelligence (ANI) and artificial general intelligence (AGI). ANI, as a pattern recognition tool, generates outputs like images or text based on recognized patterns, albeit within its defined tasks. AGI, on the other hand, envisages AI reaching human-level intelligence, a frontier still distant despite ongoing research and occasional claims.

    For students entering this field, understanding these distinctions is pivotal. Current laws and regulations, including those from bodies like the World Intellectual Property Organization and recent EU AI Act amendments, predominantly address ANI. This underscores the importance of comprehending AI’s present capabilities and limitations.

    AI pervades everyday experiences—from entertainment streaming to social media interactions. Viewing AI through a non-technical legal lens helps appreciate its omnipresence and anticipate associated legal challenges such as privacy and security.

    Regarding AI’s impact on employment, it’s essential not to confine discussions solely to job displacement. While some roles may shift, others will emerge, akin to historical technological shifts. Embracing AI comprehensively demands holistic perspective, encompassing its societal, economic, and ethical dimensions.

    For aspiring students, clarity in career aspirations is crucial. Whether pursuing AI or intellectual property (IP) law, introspection into personal interests is foundational. Knowing oneself—what interests and excites—is pivotal in shaping a fulfilling career path. My own journey into IP law stemmed from personal curiosity and academic exploration rather than mere prestige.

    Specializing in IP law necessitates a focused approach. Awareness of diverse opportunities beyond prominent firms is vital. During my own career search, I meticulously researched roles across various tiers of firms, aligning each with specific career goals and progression plans.

    Internship experiences are pivotal in this journey. Commitment and diligence during internships often translate into tangible career opportunities. I recall instances where interns’ dedication during intense projects led to permanent roles—a testament to the importance of commitment and understanding one’s responsibilities.

    Opportunities in AI and related fields abound for those passionate about technology and policy. Playing to one’s strengths, whether technical or legal, is essential. My advice to younger individuals exploring AI is to leverage their interests and strengths effectively within this dynamic field.

    In conclusion, navigating the evolving landscape of AI demands not only technical acumen but also a clear understanding of its legal and societal implications. By aligning personal passions with professional pursuits and seizing internship opportunities with dedication, aspiring professionals can forge rewarding careers in AI and IP law.

    “You’ve highlighted a crucial aspect: respect for the job and for the person assigning you tasks. Upholding this can significantly increase your chances of securing a job offer or a pre-placement opportunity, even during internships.

    I believe this perspective you’ve raised is vital. It’s not just about putting in 16, 18, or even 20 hours of work. What stands out is the importance of being respectful and mindful of the consequences that follow. The significance of a task isn’t solely determined by whether it’s handled in the Supreme Court or High Court.

    It should be seen in terms of its impact on your career. When you assist, recognition follows. That’s the essence of your suggestion, as I understand it. It’s crucial for students to grasp this concept, and it’s what we aim to convey here.

    We’ve covered much ground in this interview, but there’s one important question I haven’t asked yet about your personal life. How do you manage to maintain balance amidst your rigorous reading and work schedule? What advice would you give to others who struggle to find time for their personal lives?

    Could you share how you’ve managed this so far and offer insights on how others can emulate your approach?”

    Work-life balance is a crucial topic, especially in the post-COVID era. Personally, my parents, family, friends, and my wife have played pivotal roles in maintaining this balance.

    Initially, living with my parents in Delhi before marriage provided significant support. Litigation demands time to develop, and being able to consult and spend quality time with my parents was invaluable. Both of them are doctors, and observing their disciplined work schedules—from leaving early in the morning to returning by evening—left a lasting impression on me since childhood.

    After marriage, my wife’s unwavering support has been transformative, particularly from 2017 onwards, coinciding with significant milestones in my career, including Supreme Court cases and ventures into AI. Her background as a former corporate lawyer, now a teacher, brings a deep understanding of professional challenges, which greatly contributes to maintaining balance.

    Finding balance, for me, involves consciously investing time in activities that bring joy and relaxation. During the COVID period, this meant pursuing hobbies like reading about AI, alongside family time with shows like “The Crown.” As life resumed, balance shifted to outings for movies or enjoying quiet mornings together.

    Balancing responsibilities extends to our household, where everyone, including my sister-in-law who is a teacher, contributes. Even our dog plays a role in keeping spirits up. Quality time spent together during leisure hours significantly impacts our overall balance.

    Self-care is crucial. Taking time to connect with oneself amidst busy schedules is essential for maintaining equilibrium. Structuring my day with discipline has been key—I start work promptly in the morning and ensure to leave by early evening unless urgent matters demand otherwise. This routine allows for dedicated time at home, whether it’s enjoying moments with family or unwinding with entertainment.

    Achieving work-life balance hinges on transparent communication about priorities and mutual understanding within the family circle. This approach has been instrumental in shaping my perspective on balancing professional and personal commitments effectively.

    Thank you, Vibhav, for bringing such insightful perspectives to our conversation. Your thoughts on work-life balance were particularly inspiring, emphasizing the importance of discipline in achieving harmony. I’m certain our learners and listeners will find your approach worth emulating, and I encourage them to connect with you. Your responsiveness and generosity are truly commendable.

    I also appreciate your role as a community builder, bridging the gap for us lawyers in AI and other emerging fields, making these advancements accessible in India and beyond. Lastly, thank you for agreeing to this interview. I hope you found it enjoyable, and once again, your participation is greatly appreciated.

    It’s been my absolute pleasure.

    I have just shared my perspectives and more than happy to listen to anyone. Any questions and you’re right I do respond to everyone almost who reaches out to me. So there’s absolutely no problem. Anyone is confused. If there’s anything they have questions, they want to ask more, happy to converse.

    So thank you so much. It’s been an absolute pleasure interacting with you.

    Get in touch with Vibhav Mittal-

  • “One of the critical existing challenges in the WTO Trade Remedial investigations is the existence of unchecked administrative discretion of investigating authorities due to legislative shortcomings and procedural inconsistencies that impact international trade”- Dr. Amit Randev, International Trade Lawyer and Policy Consultant

    “One of the critical existing challenges in the WTO Trade Remedial investigations is the existence of unchecked administrative discretion of investigating authorities due to legislative shortcomings and procedural inconsistencies that impact international trade”- Dr. Amit Randev, International Trade Lawyer and Policy Consultant

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Could you please share with us what initially drew you to pursue a career in law, particularly in the specialized field of international trade law?

    Frankly speaking, I was an above average student during my school days but was really drawn towards sports and extracurricular activities. I was sensitized to social issues through my association with civil and community service organisations like Indian Scout and Guide, I was fortunate to be one of the few candidates from the state of Uttar Pradesh to have received the Governor’s award. 

    Like any other aspiring student hailing from a humble background, I was very motivated and ambitious to do something for my family and the country. After completing my 12th standard from the Commerce stream with decent marks, I was certain that I didn’t want to pursue any conventional graduation course or pursue chartered accountancy. So, law as a career option came through the zeal to do something impactful.

    Being a first generation lawyer, it was quite difficult to chalk out a typical plan in terms of selecting the institution and the subject of specialisation in law. Law College Dehradun, which was then affiliated to a Central University was recommended by one of our family friends based in Dehradun. 

    But initially like any other student belonging to a tier three city in 2011-12, I was a bit nervous about the choice of the institution in India due to limited exposure. However, it was a blessing in disguise as Law College, Dehradun really helped me to inculcate some of the best values of the profession and life. It was an excellent journey with experienced faculty (notably our Principal Prof (Dr.) Rajesh Bahuguna and Prof (Dr.) Poonam Rawat, supportive batch-mates and world class education facilities that laid the foundation for my legal profession.

    I believe it was due to my keenness to learn and ask questions beyond the curriculum that motivated me to pursue my Master’s in Law right after my law graduation. 

    I was fortunate to get a reasonable rank to qualify CLAT PG-2017 to secure admission in one of the most prestigious law schools of India that is “West Bengal National University of Juridical Sciences (“NUJS”), Kolkata”. 

    Without reservation and with a humble acknowledgment, I admit that graduating in law from a traditional Central University, I was unaware of concepts like Anti-dumping (“ADD”) or Countervailing Measures (“CVD”) until my initial LL.M. class on International Trade Law at NUJS in 2017, under the guidance of my esteemed mentor, Prof. (Dr.) Sandeepa Bhat.

    However, that 45-minute class sparked my curiosity, driving me to delve deeper into the subject and inspiring nearly 7 years of passionate work in this domain. 

    Your academic journey is quite impressive, from your B.A. LLB at Law College Dehradun to your Ph.D. in International Trade Law. What were some of the key experiences or influences during your education that shaped your career path?

    As I mentioned, I truly cherish every day of my law school that made me learn something or the other each day. During my law graduation days, I was really an active member of various student bodies and had an opportunity to be the President of the Legal Aid Centre of the college. I have participated and organised several national and international cultural and academic events that provided me with the exposure to learn a lot of things subconsciously.

    What I can recall is that my initial internships were a bit unconventional like working for renowned NGOs like Childline India Foundation (Childline-1098) and Rural Litigation and Entitlement Kendra (RLEK) that provided me an exposure to understand the issues of the weak and marginalised sections of our society. 

    Also, my internships with Uttarakhand State Women Commission and Uttarakhand Human Rights Commission provided me a fair idea as to how good laws and policy, if implemented well, can act as an instrument to bring change and social justice.   

    After completing my Masters, in the initial phase of my career, I worked as a Research Associate with the Directorate General of Trade Remedies (“DGTR”), under the Ministry of Commerce & Industry, Government of India. This is India’s investigating authority to deal with Trade Remedial issues raised by Indian domestic industries against the unfair trade distortive practices. 

     At DGTR, I gained valuable insights on WTO jurisprudence and Indian practices while working with dynamic investigating teams (including officers from different cadres and ranks), handling ADD and CVD cases and actively contributed to providing institutional support to small and medium enterprises through awareness campaigns and technical assistance.

    Your Ph.D. thesis focuses on “WTO Trade Remedial Measures.” Can you tell us about the most significant challenges you uncovered in your research and how they impact international trade, especially concerning India?

    I started my research with a motivation or a quest to find answers to several questions regarding the hyper-technical concepts of International Trade Laws. My initial hypothesis that eventually stands correct in a technical sense was that the existing sensitive and procedural framework governing WTO Trade Remedial measures in India are not efficient and effective enough to address the contemporary issues in global trade.

    One of the critical existing challenges in the WTO Trade Remedial investigations is the existence of unchecked administrative discretion of investigating authorities due to legislative shortcomings and procedural inconsistencies that impact international trade.

    Transitioning from academia to professional practice, you worked as an Associate Director at SBA Group Solicitors and Consultants. How did this role help you apply your academic knowledge to real-world trade law cases?

    Needless to mention, the legal profession is very demanding, such as International Trade Litigation.

    I joined SBA Group Solicitors and Consultants (“SBA”) after working as a Trade Consultant with Government of India and as an in-house legal counsel with Jindal Group. So, by that time I got a reasonable idea of the expectations of the corporates/industry from Trade lawyers/consultants.

    The experience at SBA was very rich and challenging but rewarding at the same time. Being one of the few Indian Trade Law firms in India that represents before the International Investigating Authorities like US Department of Commerce (USDOC) and European Commission, working with the firm was indeed an amazing and overwhelming experience. 

    At SBA, I led a team responsible for representing Indian industries in Trade Remedial Investigations, specifically ADD, CVD, and Safeguard Measures before Trade Investigating Authorities, primarily the United States and the European Union. During my tenure, I also conducted comprehensive legal research and prepared precise technical and legal submissions, contributing to the successful execution of strategic assignments for major Indian corporate entities covering Textile, Steel, Pharmaceutical and Ceramic Industries. 

    You’ve worked on more than 15 antidumping and countervailing duty cases, saving millions for your clients. Could you highlight one or two cases that were particularly challenging or rewarding and explain why?

    I should confess that I was quite lucky to have such a rich experience so early in my career. I am especially grateful to my partners and the management at SBA to show such trust and confidence in me. Mr. Sunil Bhargava, Mr. Arpit Bhargava and Ms. Radhika Sharma deserve a special mention. 

    Though working for each case and assignment was quite exciting, two important cases that provided me exceptional exposure was working with the Senior US Trade Counsel to prepare a legal brief before the US Court of International Trade (USCIT) challenging the finding of USDOC and another was to facilitate the verification of European Commission for one of our client who was the largest exporter of ceramic tiles to EU and work closely with the European Commission officers for each details and arguments, we were able to successfully defend our clients in the case.

    Your experience includes working with international clients and representing cases before the U.S. Department of Commerce. How has this international exposure influenced your perspective on trade law?

    Since both India and the Unites States are common law countries, so principally the legal fundamentals are broadly similar. Having said that, working with international clients from different cultural and educational backgrounds and that too in different time-zones was quite challenging. 

    Further, practising before the USDOC was very fascinating, though it warrants a lot of diligence and accuracy but officials are very accommodating and are rational at the same time. This exposure provided me with a realisation that international trade litigation has a very significant impact on stakeholders globally. 

    In your current role as a Consultant at the Centre for WTO Studies, what are some of the key projects or initiatives you’re involved in, particularly regarding the India-EU FTA negotiations?

    I joined the Centre for WTO Studies in December 2023, following the completion of my doctorate in International Tarde Law. The Centre, established in 1999, serves as a permanent repository for knowledge and documentation related to WTO negotiations.

    My decision to join the Centre was driven by a strong desire to further my learning and research capabilities by working alongside some of the brightest academic minds in the fields of WTO and International Trade Law and policy. The Centre offers a unique environment that combines institutional training with international exposure, which is crucial for enhancing my research skills.

    In my current role, I am working closely with India’s Free Trade Agreement (FTA) negotiating teams. These teams engage with potential strategic trade partners, and my primary responsibility is to provide research and technical insights that inform the negotiation process.

    This experience has been exceptionally rewarding, as it has allowed me to delve into the complexities of trade negotiations. I have gained a deeper understanding of the challenges involved in negotiating with developed nations and reaching mutually beneficial agreements. It has also been an eye-opener, revealing that international trade and negotiations extend far beyond the realms of law, economics, and policy, involving intricate dynamics and strategic considerations. 

    We have noted that recently you have authored a book on WTO Trade Remedial Measures, what inspired you to write this book, what is the audience to seek to cater to?

    My passion for international trade law and my hands-on experience in the domain have greatly motivated me to write a book titled “WTO Trade Remedial Measures: Navigating Legal and Economic Complexities in International Trade”. The book published by one of the renowned publication houses of the country, has received appreciation from academic and legal fraternity.

    The multilateral trading system, epitomized by the World Trade Organization (WTO), is at a critical juncture due to escalating trade tensions and global crises. My book aims to unravel the evolution, challenges, and implications of trade remedy measures within the framework of WTO agreements. It offers a distinct focus on India’s perspective, enriched with a comparative analysis of practices in the United States and the European Union. This comprehensive exploration provides valuable insights into the contemporary trade environment and the specific issues faced by different jurisdictions.

    In this context, the book undertakes a pioneering effort to evaluate existing laws and procedures concerning trade remedy measures in India. It sheds light on legislative shortcomings and procedural inconsistencies, advocating for safeguards against unchecked administrative discretion. By proposing amendments to enhance the efficacy of trade remedies, the book charts a course toward a more equitable and responsive global trading system.

    This book is tailored for a diverse audience, including scholars, practitioners, policymakers, exporters, entrepreneurs, and students interested in international trade law, economics, and policy. It aims to serve as a critical resource for understanding the intricacies of trade remedy measures and their role in the multilateral trading system.

    The motivation behind writing this book stems from my desire to contribute to the field by addressing existing gaps and offering practical solutions. My industrial exposure and passion for the subject drive me to advocate for a fairer and more effective global trade system, which I hope to achieve through this work.

    Finally, based on your extensive academic and professional experience, what advice would you give to fresh graduates who are aspiring to build a career in law, especially in the niche field of international trade law?

    Although I don’t consider myself an expert in career orientation. My mantra in my career is “to go with the flow and keep it simple”. However, here are some key points of advice for fresh graduates aspiring to build a career in law, especially in the niche field of international trade law:

    1. Stay Updated
    • Keep Abreast of Developments: Regularly read journals, articles, and news related to international trade law and WTO updates.
    • Attend Seminars and Webinars: Participate in conferences and webinars to stay informed about the latest trends and issues in the field.
    • Subscribe to Industry Newsletters: Follow relevant organizations, think tanks, and law firms that specialize in international trade law.
    1. Develop Soft Skills
    • Effective Communication: Work on your written and verbal communication skills to articulate complex legal concepts clearly.
    • Networking: Build and maintain professional relationships within the industry through networking events and social media platforms like LinkedIn.
    • Negotiation Skills: Develop strong negotiation skills, as they are crucial in trade law and dispute resolution.
    1. Embrace Technology
    • Familiarize with Legal Tech: Learn about the latest legal technologies and software that can aid in research, document management, and case analysis.
    • Enhance IT Skills: Be proficient in using data analysis tools and legal research databases.
    1. Identify Research Interests
    • Focus on Specific Areas: Identify and specialize in specific areas within international trade law, such as trade remedies, intellectual property rights, or dispute resolution.
    • Engage in Academic Research: Contribute to academic journals, write articles, and participate in research projects to build your expertise and profile.
    1. Gain Practical Experience
    • Internships and Fellowships: Seek internships at law firms, international organizations, or government agencies that deal with trade law.
    • Pro Bono Work: Engage in pro bono work related to trade law to gain hands-on experience and contribute to your community.
    1. Pursue Further Education and Certifications
    • Advanced Degrees: Consider pursuing an LLM or other advanced degrees in international trade law.
    • Certifications: Obtain certifications from recognized institutions to bolster your credentials.
    1. Understand the Global Context
    • Study Comparative Law: Learn about the trade laws and practices of different countries to gain a global perspective.
    • Language Skills: Develop proficiency in foreign languages, as this can be advantageous in international legal practice.
    1. Stay Open to Diverse Roles
    • Explore Various Roles: Be open to roles such as policy advisory, consultancy, or academia, which can provide diverse experiences and insights into international trade law.

    Get in touch with Dr. Amit Randev-

  • It is seen that many fresh graduates being carried away with the burst of information and content on social media attempt to have their hands in everything but end up not having a meaningful impact in either-Shoumendu Mukherji, Advocate on Record, Supreme Court of India

    It is seen that many fresh graduates being carried away with the burst of information and content on social media attempt to have their hands in everything but end up not having a meaningful impact in either-Shoumendu Mukherji, Advocate on Record, Supreme Court of India

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

    Can you share your journey into the field of law and what motivated you to pursue a career in this field, including your experience at the National University of Juridical Sciences (NUJS)?

    I would say ‘Law’ happened by chance and it was not that I had planned for it for long. During Class 12, my parents came to know of law as a career from a friend of theirs. Once I started preparing for CLAT, the subjects that were offered grew on me, especially the sections on logical reasoning and current affairs. I enjoyed the preparations and was able to crack the exam that led me to my second home i.e. the City of Kolkata for the next five years. My parents were a constant source of encouragement during the preps. The only distant pre-existing link in my family with the field of law that I can think of is that my grandfather had been an Additional District Magistrate in the Bihar Civil Services.   

    Being at NUJS was an experience to cherish. For the first time I came into contact with peers from across the country. The different languages, foods, habits, it was an in-depth lesson in learning about the diversity of India. It was not too hard to make friends, as I was always an ardent participant in different extracurricular activities. There was a thriving atmosphere of Sports, Cultural events in college apart from moots and debates that developed the competitive spirit in all of us. NUJS was also popular in hosting the largest sports fest among law schools “INVICTA”. I had the honour of leading the fest in my 4th year as Convenor which also instilled a sense of leadership, and also won a national level moot court competition. These qualities did come in handy at the time of branching out with my independent practice.              

    As a first-generation advocate, can you describe the early years of your career? What were some of the challenges you faced, and how did you overcome them?

    The early years as an independent litigator were certainly challenging. There would be days when I would have no briefs in hand and I would wonder whether I took the right call to branch out this early (merely 2 years into my career). However, whenever you sense the overwhelming cloud of despair, every time there does emanate a beacon of hope from somewhere or the other which consolidates your belief to keep going further, into the path of uncertainty you’ve chosen. That beacon of hope may be from an entrepreneur friend who was looking for a lawyer to his start up, or the relative who had familial property issues to sort, or the acquaintance looking for advice on a will. The only way to overcome these initial challenges, in my experience, is to keep networking, and meet new circles of people. Social gatherings are also a healthy way to make new clientele, who knows what’s on the mind of a fellow invitee looking for quick and free legal advice!    

    For the initial two years after college, I had worked with a college senior of mine Mr. Ankur Sood, Advocate on Record. His office helped me inculcate nuanced drafting skills and the filing processes / preparation of a Petition thanks to his highly experienced clerk Sajid Ji, who would take me along to the various court registries to help me get a wind of what goes on behind the scenes of the glamour of the courtroom, and what all it takes to finally place a Petition on the Hon’ble Judge’s desk.  

    Your work spans a wide range of legal areas, from civil and criminal cases to intellectual property and arbitration. Could you share a few memorable cases or experiences from your career that have had a significant impact on you?

    I would say that being part of the Delhi Legal Aid Services (DLSA) initially at Saket District Court and handling cases as a ‘Legal Aid Counsel (LAC)’ for economically weaker litigants in the initial years in a way shaped me as an Advocate and emboldened my commitment towards the profession. The glee and the gratitude in the eyes of mothers on being told that their son had been acquitted or had got bail was very gratifying. Obtaining orders for domestic violence victims being awarded interim maintenance was also equally pleasing. It made me realize the social importance of our profession, and the impact it can have on the lives of thousands, that the long helping hand of law is not too far from any person in our society. 

    Obtaining a John Doe order for a multinational publishing house in the initial years from the Hon’ble Delhi High Court followed by raids on the infringing publishers at Daryaganj was my first brace with big ticket litigation and a memorable learning curve.   

    During the Covid pandemic, there was this huge controversy about reduction in school fees as no physical classes were being held. I was approached by an Association of 250 ISC / ICSE Schools from West Bengal for obtaining relief from Supreme Court as Calcutta High Court had passed an adverse order directing the schools to charge only tuition fees, which was impractical as schools also had to pay salaries, other running expenses for the upkeep of their infrastructure. The High Court had also ordered for showing of schools’ balance sheets and appointed a committee composed of the Petitioners’ Advocate to address grievances of parents. The controversy was fostered owing to an absence of a fee regulatory body in West Bengal. We were faced with an onerous 3 judge bench in the Supreme Court with Justice MR Shah on it. However, we managed to obtain a stay order from SC, and for the next 12 months were a roller coaster of a journey dealing with an unpredictable bench of the Calcutta High Court which was passing contradictory directions at every hearing date at a frequency of 2-3 months. I also had to make frequent trips to Calcutta to attend the Court-appointed Local Commissioners’ hearings on behalf of the school management. Ultimately the Supreme Court gave a quietus to the issue as Covid had passed and all the directions were kept restricted to the Covid years alone. 

    During my tenure as a Counsel for the Union of India I appeared for the Department of Atomic Energy before the Appellate Tribunal for Electricity (APTEL) at New Delhi. The matter pertained to a demand of Rs. 289.59 Crores under the head “Grid Support Charges’ ‘ made by Govt of Telangana. After hearing arguments, the Hon’ble Tribunal was pleased to stay the said demand in favour of the Union of India holding that under Section 184 of the Electricity Act, 2003 exempted the Ministry or Department of the Central Government dealing with Defence and Atomic Energy from applicability of the Act. 

    You’ve represented various Central Government Departments and have extensive experience in litigation. How has your role as Senior Panel Counsel for the Union of India shaped your legal practice?

    Being on the prestigious Senior Panel representing the Union of India has thrown open the window of opportunity to appear before the Delhi High Court on a daily basis before different benches. It adds to the sheer volume of briefs that you prepare for on an everyday basis and a rich experience to shape your future career. Each brief brings with it an unique point for consideration and the high stakes that come along with it. As a counsel holding a brief for the Union of India, you are expected to be on top of your game day in day out. The Hon’ble Judges expect you to be fair and well prepared as every new Petition on the Supplementary List starts with a Stay Application to oppose and the Government’s action to defend! Thus, one cannot afford to take any brief lightly. Usually, the new matters are marked to the Govt. Counsels the evening before, thus we only get that evening and next morning to take instructions from the respective Department and gear up for the admission hearing. It is thrilling, greatly satisfying and a big honour. 

    During the day in Court, we get to rub shoulders with Senior Advocates on the other side that adds to the challenge and gives you an added motivation to go to Court with your best prep forward. The sheer diversity of matters moulds one’s skill sets, one day it can be a Service Matter involving Promotion or Pension, on another day it may be Section 34 Challenge to an Arbitral Award, same day there may be a final hearing listed for a Miscellaneous Writ, on some days Tender matters, on some LPAs and Appeals against Tribunal decisions etc. Our younger crop of Panel Counsels also get enriched by the constant motivation and encouragement of our Seniors and Standing Counsels as well as Ld. ASG Sir who we keep crossing along the corridors of Delhi High Court and learning from their vast experiences.         

    You’ve been empaneled with organizations like GAIL (India) Limited, Delhi Development Authority (DDA), Council for the Indian School Certificate Examination (CISCE) and the Enforcement Directorate (E.D.). Can you discuss the importance of these empanelments and how they have contributed to your professional growth?

    One must realise that empanelments are only a push to give you volume of work, which you are eligible for only after 4-5 years into your practice. The initial years preceding that eligibility period you have to really grind it out. I would say that is the gestation period. Empanelments help you get a good grip on a specific type of subject area, and some empanelments with retainers ensure a fixed income per month securing you financially. But you need to keep performing and maintain the standards otherwise someone else will take your place.   

    How has Becoming an Advocate on Record further helped diversify your practice? 

    It has given a foot in the door for establishing an independent Supreme Court Practice. Not that I have not been working on Supreme Court matters earlier. Thanks to my college senior Mr. Kunal Chatterji, AOR who had given me a volume of Supreme Court drafting to do in my initial years when I had branched out independently. His clerk Sukanta Ji also taught me the nuances of SC Filing Procedures, I will be forever grateful to them. Becoming AOR is one thing, but getting those AOR briefs for filing is the second step that follows. For this, it is important to carve out a network of lawyer colleagues from different states who can send you those SLPs, Civil Appeals and Transfer Petitioners. During our first orientation organized by the Supreme Court Advocates on Record Examination (SCAORA), Justice Sanjay Krishan Kaul who had himself been a AOR gave us all a golden advice to not be merely postmen but to read and give finishing touches to drafts that came our way so that the knowledge gained during the AOR Exam preps can be put to good practical use. Justice Kaul advised us to refrain from filing Petitions without reading them which holds good in today’s times.   

    You have also been involved with certain matters of political nature. Could you throw some light on them and their professional benefits? 

    I would say these are our social responsibilities. In the aftermath of the West Bengal Vidhan Sabha Elections of the year 2021, there was large-scale violence that broke out targeting the members, workers, voters of the Bharatiya Janata Party (BJP) who had voted / campaigned against the ruling Trinamool Congress (TMC). As soon as the results were declared, there were murders, loot, arson, and even gang rapes. Although the State of West Bengal has a history of bloody elections and many would declare such violence to be ‘normal’, however at some point of time that ‘normalcy’ must be questioned. In all other States elections are held peacefully, then why an aberration in only this one State. I was part of the team that appeared for the victims in the Hon’ble Supreme Court and Hon’ble Calcutta High Court. I would put in all nighters to draw up the pleadings explaining the gruesome incidents and plight of the families. Finally, the Calcutta High Court ordered a CBI probe into the various incidents. 

    Earlier this year, after the Municipal Corporation of Delhi (MCD) elections and appointment of a new Mayor in Delhi there were separate elections held for the 6 positions of the MCD Standing Committee which is voted by Councillors. Owing to a fracas in the house and expecting an unfavourable outcome, the Mayor who was a Councillor elected on an Aam Aadmi Party (AAP) ticket cancelled the elections and ordered re-elections even though the process had been completed and only results were left to be declared. The Hon’ble Delhi High Court declared the Mayor’s action to be illegal and directed pronouncement of the results immediately. 

    Being involved with political matters provides one a hand to work for the betterment of our systems and appear for MPs, MLAs and various leaders of the said political party. It gives one a platform to interact with such elected representatives and public personalities to learn from their world view, perspectives. Moreover, such matters often attract a lot of media attention and it thus gives one an additional edge and experience of regularly appearing in such media-friendly ‘high profile’ matters. I also have had the opportunity of assisting the BJP during election cycles, both at the National and State levels pertaining to Election Commission compliances which has helped cultivate different kinds of skill sets.                

    Finally, as someone who has built a successful legal career with diverse experiences, what advice would you like to give to fresh graduates who are entering the legal profession today and aspire to make a meaningful impact?

    Foremost takeaway from what I have experienced, is to be patient and not be in too much of a rush. Yes, be ambitious but be practical as well. It is seen that many fresh graduates being carried away with the burst of information and content on social media attempt to have their hands in everything but end up not having a meaningful impact in either. The race is long and lawyers don’t retire. If one is sincere, dedicated and hard working, rewards will come, even if not today then certainly in the next few years down the line. What is essential however is to have in place a working culture and a disciplined lifestyle. Those abashed college years are over, in the real world a lot more is riding on every brief and your every appearance than just a few marks of a moot court competition! 

    Get in touch with Shoumendu Mukherji-

  • No dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that- Tamal Mandal, Partner, Luthra and Luthra

    No dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that- Tamal Mandal, Partner, Luthra and Luthra

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

    To start this conversation, please tell us your motivation behind pursuing law.

    I am from that era when engineering or medicine were the preferred career choices. Hailing from Kharagpur, with the IIT KGP – a stone throw away – the expectation was that I would sit for the JEE. However, it was a chance discussion before the Class 12 board examination with a friend who wanted to pursue law as a career option that piqued my interest in the field.  

    From there, I started my internet research and mind you, at that time around 2004, there were only a handful of National Law Schools (five to be precise). I narrowed down on NUJS, Kolkata and NLSIU, Bangalore. As compared to now, there was not much information available online or offline regarding career options after graduating or even what to expect in the 5 years that I was going to devote in studying and hopefully enjoying my university life. Having decided to become a first-generation lawyer, I took the plunge and appeared for the NUJS entrance test in January 2004 and then the NLSIU test over the summer. To my surprise, I made it to NUJS and the result filtered in just prior to writing my final paper of the ISC (Class 12) board examination. There has been no turning back since then.

    You have extensive experience in international and domestic arbitration, WTO dispute settlement, and commercial litigation. Could you tell us about a case that you found particularly challenging and how you managed to resolve it?

    To my mind, the best part of being a disputes lawyer is the wide array of dispute related work that I have done over the years. Whether it is litigation or arbitration or WTO dispute settlement or investor-state dispute, I can safely say that the core premises more or less remain the same.

    That said, if I have to choose one challenging case that I have worked on in the last 14 years, it has to be an arbitration dispute where I had a tough ask to resist the enforcement of a foreign award rendered in Singapore in an international commercial arbitration from being enforced in India. The client having failed in getting the award set aside in Singapore (which was the seat of the arbitration and whose courts had jurisdiction in setting side proceedings) wanted to contest the enforcement petition filed before the Delhi High Court. I had to work with very limited grounds as Part II of the Arbitration & Conciliation Act, 1996 does not provide a wide latitude when it comes to opposing the enforcement of a foreign award. Nonetheless, basis research on the party who had filed for enforcement, some novel arguments on contravention of public policy were formulated and advanced as that party’s (i.e., the claimant in this case) name had been struck of the register of companies by the Registrar prior to the filing of the enforcement petition. In other words, the argument was that an enforcement petition could not have been filed by a non-existent entity and granting enforcement would be contrary to the public policy of India. This is turn led that party to file an application for restoration of the name of the company in which my client filed an application as an intervenor. Eventually, with all the lawyering and proceedings, both the parties opened talks with a view to negotiate a settlement.

    What are some common misconceptions people have about international commercial arbitration? How would you address these misconceptions?

    Arbitration as a mode of dispute settlement has been well received since the days of the Alabama arbitration in 1872. I don’t think there are many disagreements as to the value and efficacy of the process given the amount of party autonomy that is vested and from the fact that a wide variety of disputes (commercial, investment, trade, maritime, etc.) have been resolved using arbitration.  

    That said, no dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that. To my mind, the most common recent criticism or misconception (if I may equate the two) concerns the costs of running with an arbitration. From the arbitrators fees to counsel fees to institution fees, it is true that there has been an uptick in the cost that a party has to bear in choosing to arbitrate a dispute. However, I believe that the cost aspect is often offset by the efficiency of the process which can lead to an arbitral award in a much shorter time frame compared to national court proceedings. Second, “well managing” an arbitration is partly in the hands of the parties and their counsels, and this can bring down costs, for example, agreeing and respecting timelines, having a document only arbitration when the claims are simple and evidence is not required, etc.

    Another common misconception is that a party nominated arbitrator means you have someone on your side. The fact that arbitrators, whether it is the presiding arbitrator or the party nominees, have to be impartial and neutral is the bedrock of arbitration and to expect anything to the contrary is equivalent to discrediting the process itself.

    Lastly, the so-called “standard” arbitration clauses from the past are fast losing their relevance. With the blinding evolution of the laws and processes in international commercial arbitration, having a tailor-made arbitration clause in a contract/agreement that is being negotiated is a must to not only safeguard a party’s right but also add to the efficiency of the process when a dispute materialises later from the performance or non-performance of that contract/agreement.    

    You have worked with the WTO as a Dispute Settlement Lawyer in the Appellate Body Secretariat. Could you explain to us the role of the Appellate Body and how it works within the WTO dispute settlement system?

    The World Trade Organization (WTO), as many of the readers may know, is an intergovernmental organization based in Geneva, Switzerland that was established in 1995 and deals with rules of global trade. While one function of the WTO is to negotiate new rules on global trade, the other main function is to resolve disputes between Member States arising from the interpretation and application of the WTO treaties.

    In a first of its kind in the international arena, dispute settlement at the WTO was designed as a two-tiered system. To begin with, if a dispute is not resolved amicably in consultations, a panel of experts (simply called a panel) then decides the dispute that is brought by one WTO Member against another WTO Member alleging that the latter has violated or acted inconsistently with the treaty obligations it took upon itself. A panel issues a ruling which is called the Panel Report. The losing WTO Member has the right to appeal a Panel Report to a standing body of 7 experts who comprise the Appellate Body which at the time of its creation was termed as the jewel in the crown of the WTO. Each Appellate Body Member is appointed for an initial term of 4 years and can be extended for a second 4-year term.  

    The Appellate Body is therefore the final arbiter of disputes between WTO Member States and hands down decisions that are binding upon the litigants. The Appellate Body has the power to consider questions of law raised in an appeal and then to uphold or reverse or modify the panel’s ruling. Each appeal before the Appellate Body is handled by a division of 3 Appellate Body Members in accordance with the timelines prescribed in the WTO Dispute Settlement Understanding. The Appellate Body Members are ably assisted by the Appellate Body Secretariat comprised of lawyers and support staff.

    However, since late 2019, the Appellate Body is no longer functional owing to the United States blocking the appointment of Appellate Body Members. Talks are continuing in Geneva on how to resolve this crisis that requires consensus of all WTO Member States. In the meantime, for those who are wondering as to what is happening to any appeal that is filed, sadly panel reports that have been appealed since 2020 are lying still without any adjudication.  

    You are skilled in providing input into policy framing, strategic planning, and decision making. What are some of the challenges you have faced when advising clients on these matters?

    Much of it depends on who the client is. For instance, when the client is a sovereign government, the considerations and challenges are slightly different. In advising Ministers and policy officials who may want a particular policy to be in place, one has to carefully balance articulating the magnitude of legal risk in having such a policy and what could happen if the policy was to be successfully challenged. In such instances, while there may be commercial considerations, the other important consideration is to carefully consider the larger public interest as well reputational risks in having such a policy in place. Thus, there is an inherent balancing act that a lawyer has to perform between, on the one hand legal risks and, on the other, the policy rationale.

    When I have to do the same for a private client, commercial and reputational considerations become the key. And then I have to be upfront about the uncertainty of what may result from litigating/arbitrating a matter vis-à-vis costs of pursuing it, commercially as well as reputation wise. Let me give you an example, while arbitrating a dispute can result in an award relatively quickly, one has to also consider how best to enforce that award, where to enforce that award and how long will that process take. When such considerations are put forth before clients, they appreciate and take that on board and more often than not involve the layer in making a final decision.      

    You have a Master of Laws (LL.M) in International Dispute Settlement. What inspired you to pursue this field of study, and how has it influenced your career?

    From my early days in NUJS, I was pretty certain that I wanted to be a disputes lawyer. So, when I started out with the dispute resolution team at the erstwhile Amarchand & Mangaldas in 2009, I was exposed to a wide variety of proceedings before different forums – from the Supreme Court to district courts, from arbitration to mediation sessions, criminal proceedings, etc. And these varied experiences set off a spark in me to explore the field of international dispute settlement, like proceedings before the International Court of Justice (ICJ), state-to-state dispute settlement at the WTO, investment treaty arbitrations, etc.

    Thus, the MIDS or the LL.M. in International Dispute Settlement offered jointly by the University of Geneva and Graduate Institute of International and Development Studies became the natural choice given the stellar teaching cast and its location in the heart of the practice of international law and diplomacy.

    Be it public or private international law, MIDS provided me with an unparalleled experience in the field of international disputes. The MIDS was pivotal in my subsequent journey as an international disputes lawyer. It provided me with the platform to pursue an internship with the Appellate Body Secretariat which later materialised into a full-time position as a dispute settlement lawyer. My time at the Appellate Body Secretariat was thoroughly exciting given the types and kinds of disputes that came up for consideration at the WTO in addition to the lifelong friends I made while working there. The WTO stint in turn set me up for a position with the UK Government in London to work on UK’s international disputes engagements prior to my return to India where I am currently a Partner in Luthra and Luthra’s dispute resolution practice.

    Lastly, what advice would you give to young lawyers interested in pursuing a career in international trade law and dispute resolution?

    From my experience thus far, I can perhaps offer a couple of insights: first, do try and pursue higher studies from an institution and subject of your liking whether it is in the United States, the UK or mainland Europe or anywhere for that matter. I found my year of reading the LL.M. to be fulfilling not only in terms of what I learnt but also in terms of meeting new people, making new friends and getting to know different cultures especially when batchmates come from across the globe.

    The second piece of insight I have to offer to young lawyers is not to super specialise early on in your legal career. If somebody is interested in dispute resolution, try working on as many aspects of it that you can i.e., do court litigation, do an ad hoc arbitration, do an institutional arbitration, try your hand at tribunal litigation (for example before the CESTAT, NCLT) and better still work on a criminal law matter before the trial courts. Take my case, over the years, I have been lucky do all of the above and that’s why I always consider myself to be a generalist disputes lawyer which I believe has helped me tremendously in the varying roles that I have taken up the last 14 years.

    Get in touch with Tamal Mandal-

  • Jyoti Kapoor, Senior Manager (Legal Counsel) at Diageo, In a Discussion With SuperLawyer On Unconventional Career Options In Law

    Jyoti Kapoor, Senior Manager (Legal Counsel) at Diageo, In a Discussion With SuperLawyer On Unconventional Career Options In Law

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

    What motivated you to choose law as a career? And how has been the journey so far for you?

    While growing up, I remember my mother telling me that she always wanted to be an advocate. However, since she came from a humble background, she could not pursue it.

    As they say, “When it comes to life, we spin our own yarn, and where we end up is really, in fact, where we always intended to be”, somewhere, I believe that destiny had a major role to play while I chose to study law and pursue it as my career since I was very inclined to pursue fashion designing.

    God has been very kind to me, I have met some wonderful mentors during my journey who have constantly guided me through. It has been an eventful journey, very rich in terms of learning, not monotonous. I feel that I am fortunate to have discovered on how to be assertive and support the business while not losing my own ground. That’s the best part, isn’t it?

    What were the challenges that you faced in the beginning of your career?

    I moved out of the ‘city of dreams’ after pursuing law from Government Law College, while I had a PPO in my hand just to feed my own curiosity of what’s in store for me in a new city, in a new role? I just wanted to understand how a company works and what role does a lawyer play in building it. Many of my friends chose to work in law firms but somewhere I was determined to pursue an in-house role in real estate.

    I am a very passionate human being and an extrovert as well, and I feel that it somewhere affected my first promotion. Early on, I remember when I got rejected for this promotion, I felt devastated. It undoubtedly was one of the first failures which I had tasted. I had been an academically bright student who predominantly scored well and therefore, it took a lot of time for me to heal.

    During this phase, while I was trying to find job opportunities and relocate myself to Bombay, I largely faced rejections. I remember, feeling miserable about myself and questioning my own skills and choices. I held my patience and kept myself motivated and as they say “Tough Times Never Last, but Tough People Do!” and some fantastic opportunities came my way.

    As I progressed in my professional journey as an inhouse counsel, I learnt a little later in life that you need to be very solution driven towards the business. A strict ‘no’ to a business proposal even with a solid rationale is something that may not work.

    Among all the specializations, i.e., drafting, vetting, due diligence, risk mitigation, which area of law is the most interesting to you and why?

    Risk mitigation to me is the most interesting. I believe that this exercise teaches you to research the moot points, evaluate and assess the business proposal accordingly. Alongside this, it also makes me build and present the best and worst business case for my stakeholders.

    Having said that, doing due diligence and creating an title trail as a real estate lawyer is also challenging and interesting at the same time. As you may know that the land laws are very region specific and even consist of cryptic language, hence to derive and create a title trail is both complex and absorbing.

    Jyoti, how do you balance your work and personal life effectively?

    I believe that I am organised when it comes to my work and personal life both, which makes it very easy for me to balance both effectively. I love to travel which means I take frequent breaks and therefore planning is the key. I often try to work backwards which gives me immense time to think, strategize and plan my work and life, both. By following this thumb rule, I do not procrastinate and stress myself. I believe that work is an integral part of my life but not my whole life.

    What can be some of the toughest considerations while someone from a non-legal background has to see before opting law as a career?

    I do not see it challenging if someone from a non- legal background starts one’s journey as a lawyer. Having said that, the choice of a law school is very integral. I am proud to be a GLC’ite. As a student of GLC, I had the freedom to explore different fields of law by interning with law firms/ companies, senior counsels, or maybe just venture into a different horizon altogether. It essentially gave me time to introspect and perspective on who I want to become and most importantly how I want to be.

    I am a first generation lawyer and feel that I have an advantage here, as I have the freedom to make mistakes without feeling any threat of being judged. With each mistake that I have committed, I have learnt to be wiser. All of our journeys are different and they can be absorbing yet very fulfilling, if we see from the right lens. We just have to dive in deep and we shall definitely find our way, the perspective has to be right.

    What is a typical day like for you?

    I am an early riser and start my work day usually around 9-9:30AM by checking/ replying to emails and messages. I, then write my to do list (and sometimes also get overwhelmed with the tasks that I have put down for myself to be completed in a day!) and then get started with the projects that have my top priority. I find that I am most productive during the day, hence I try to read as much as I can so as to advise my stakeholders on their business proposals or build strategies to move ahead before I start to jump into meetings and commence the contracting work. Before ending my work day I mostly look back and assess what’s one new thing which I learnt today. This is one of the ways which helps me to be grateful to the job that I do.

    Jyoti, could you highlight some of your success habits that enable you to meet your goal?

    The most important success habit which has always helped me to achieve results is discipline. I live by the principle that “discipline is the bridge between goals and accomplishments”. Discipline helps me in taking charge of my own life be it professional or personal; it also helps me to train myself much ahead in time.

    I also feel that performing yoga consistently, pursuing my hobby alongside work and travelling has helped me to largely reduce work fatigue.

    Last but not the least, I feel that we must trust our leaders, mentors, team and colleagues. I fully echo the thought that together we can do so much, togetherness comes with a team and teamwork begins by building trust. With my own experiences, identifying and trusting my mentor/ leader and building a team has helped me in facilitating my accomplishments much earlier.

    Lastly, what advice would you give to someone starting out?

    For someone dreaming to choose law as their career, I believe that you should first assess if you are passionate towards pursuing it. One must be brave and also wise to assess what is the right thing to do. You also have to be patient in this journey and not fear to evaluate yourselves in different fields of law. To conclude, I feel that one must believe in oneself, have faith and make your own country proud.

    “Every accomplishment starts with a decision to try”.

    -JYOTI KAPOOR

    Get in touch with Jyoti Kapoor-

  • Mahafrin Mehta, Senior Associate at HSA Advocates, In a FireSide Chat With SuperLawyer Sharing Insights On Challenges Faced By Budding Litigators

    Mahafrin Mehta, Senior Associate at HSA Advocates, In a FireSide Chat With SuperLawyer Sharing Insights On Challenges Faced By Budding Litigators

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

    What was your motivation behind choosing law as a career?

    Whilst growing up, the law always fascinated me. For some reason, there is a lot of misconception surrounding law as a profession. I was discouraged at many points in time by a lot of people from taking up this profession as well. However, I was determined to study law. My parents have been my biggest supporters and were overjoyed with my decision. Initially, I was intimidated by it all but gradually I started enjoying the learning process.

    What are the challenges that are faced by budding litigators at the start of their careers?

    With lakhs of students graduating from law schools/ colleges across the country, every year, the competition for freshers is fierce, to say the least. Not only to get a job, even to get an internship with a reputed firm, it is tough process.

    It is important to gain exposure through internships and identify their ultimate area of interest within the law. In my second year of LLB, I was certain that I wanted to be a litigator and hence started my association with a reputed law firm in Mumbai, first as an intern and then as an articled clerk.

    Freshers and interns are at the bottom of the hierarchy and are taken most advantage of, especially in litigation. In order to gain exposure, many a times, they agree to work for a miniscule amount or at no cost at all. I was blessed and privileged enough to not have any overheads. However, it is tough for a lot of freshers and interns to work without any salary stipend.

    What are your thoughts on “Arbitration” as a mechanism for dispute resolution?

    At the outset, I’d like to say that there is a noticeable shift during the course of the last few years. Contracts/ Agreements have but naturally become more arbitration centric. It is very rare that you would come across a contract/ agreement nowadays which would not contain an arbitration clause. Not only is Arbitration effective but it is also a speedy mechanism for dispute resolution. Having said that, arbitration has also got flack for being a “luxury” litigation i.e. there is a substantial amount of expenditure involved to conduct the same.

    How do you make pleadings/ contracts understandable/ more accessible for your clients?

    I enjoy drafting! It has always been a complete joy and pleasure for me to draft pleadings and other documents. Not all our clients are fellow lawyers and not all of them have any legal knowledge. The key to make you pleadings/ contracts understandable/ accessible to your clients is to keep your drafts as simple and concise as far as possible.

    Talking about work-life balance, there has been ample amount of discussion on health issues as a lawyer, what do you believe are the best practices to maintain the equilibrium?

    The legal profession is a demanding one. Urgent matters and tight deadlines are a common feature. Its only but natural that in such a demanding environment, individuals are exposed to high amounts of stress. In order to maintain balance, its important that one takes time off and undertake any activity(s) which helps them to relax. Mental health issues are often overlooked and not talked about.

    Do not let this go unchecked and seek appropriate help. Nothing is more important than your health. As cliched as it sounds but “health is truly wealth”.

    Lastly, what advice would you give to someone starting out in the field of litigation?

    My advice to freshers and interns who want to be litigators, would be to read up on the various statutes. Sadly, there is a noticeable lack of knowledge of basic provisions of the CPC, in a lot of juniors, which is your foundation. Being in the legal profession, you never stop learning. Its constantly evolving.

    Therefore, I think it is also very important to be abreast with the latest developments and judgments.

    Lastly, hard work is definite key to success in this profession. More the effort you put into it, the more results/ benefits you can reap out of it.

    – MAHAFRIN MEHTA

    Get in touch with Mahafrin Mehta-

  • Dr. Abhimanyu Chopra, Partner at AZB & Partners In Conversation With SuperLawyer On Careers in Technology law & Many Other Options In Same

    Dr. Abhimanyu Chopra, Partner at AZB & Partners In Conversation With SuperLawyer On Careers in Technology law & Many Other Options In Same

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

    What was your “slam-book career aim”? How well did it go?

    There wasn’t any slam book career aim as such, but if I have to consider the pivotal point at where I figured out what to do in life that would be in my second year of law school, where I had a couple of friends leave for national law schools after the first year and that made me think about the next steps in life. After that there was no looking back, I interned and mooted whenever and wherever I got a chance.

    All of the internships I did were with different types of organizations involved in diverse areas of law. The aim became to explore and experience everything in law to find my niche and I continue to follow and give the same advice to my juniors and peers as well. 

    For a law student, one must keep on getting evolved and updated with all areas of law to be a jack of all trades and to figure out what is one’s own perfect field to master. 

    As for how well it went, I leave that up to others to tell me. 

    You did LLM and now PHD from well-known universities, how do you carve out time for different responsibilities?

    Honestly, if you ask me about the higher degrees (both LL.M and my PhD) was solely because of my mother, who wanted me to have a “Doctor” in front of my name and nothing more. I don’t see myself reaching here without her nudge. 

    For the remainder of this question, “It takes a village to raise a child” for which I am extremely grateful to my seniors, mentors and colleagues, who stepped in and allowed me those absences from work and always had my back and encouraged me to do it and fulfil my mother’s dreams both professionally and personally. (It’s also one of the reasons that the Acknowledgement part in my thesis is over five pages long)

    On a side note, I encourage all students to keep studying alongside work and learning new areas of law in the early years since time is a commodity, which you have plenty of in your early formidable years and scarcely later in the profession. 

    You were an avid mooter in law school. Do you believe that mooting helps law students to face real-life scenarios?

    Absolutely, I believe that every law student should at least try one external moot during their stint in law school.  

    Mooting not only helps to figure out one’s likes or dislikes in the area of the specialization but also builds the fundamental traits required for an advocate. It helps you to think on your feet, research areas of law and recent issues which you remember forever and more often than not makes you more focused towards your final goal alongside making bonds of friendships with your batchmates and friends even stronger. 

    Nowadays, besides Mooting, there are a lot of different opportunities for law students such as Client Negotiations, ADR/ Mediation Negotiations, Model United Nations etc., which I believe all students should work on. I have been judging some of these new formats of competitions and it is pretty interesting and a good way of improving their oratory and communication skills given the international angle and exposure in such competitions. 

    As a first-generation lawyer, you have moved from a chamber practice to a tier-1 practice, how has your journey been so far? Would you say the opportunity a firm provides for a young lawyer is worth the trade-off in building a reputation?

    This is a complicated answer and this question has possibly taken me my entire career of 11+ years to think about and possibly answer correctly. 

    I think it was Matthew McConaughey who said, “I need each day, something to look up to, another is something to look forward to and another is someone to chase” which is what I would say has been my journey so far. It has been extremely fun filled with various learnings and lessons and has been extremely fulfilling. 

    I started with a wonderful senior and mentor, who trained me with the ways of the various High Court s and District Courts and provided me with the guidance, support to even take private matters and gave me opportunities to appear and address the Courts including my very first day at his chamber. I could give you stories upon stories as to why a good senior and mentor in the profession are key in one’s formidable years and that’s what makes or breaks you.

    Once he got elevated, I moved to another amazing lawyer and his firm, who gave me a lot of opportunities to spread my wings and allowed me to develop and learn the finer things in the legal profession and when I thought I was ready to move on the greener pastures I moved into the tier-1 setup with my current partner and team, who gave me ample opportunities in the most complex and high stake litigations and allowed me a free hand to do what I do best for which I shall be eternally grateful.

    While I believe, that my shift from chamber to tier-1 practice has not had any trade-offs as I have been graced with wonderful opportunities which have only accelerated my growth to become the best version of myself professionally. However, after being a partner in a tier-1 firm, I am of the view, that one shouldn’t directly start with a tier-1 firm at the beginning of their career especially if you have Disputes/Litigation as a career in mind since one needs basic leg work and understanding of the Courts which is not possible in the high-stress environment of the law firms and once you are aware of the basics then the shift to the hustle and bustle of the law firm is much more fruitful.

    In essence, you need to start from the peewee league and hone and develop your skill and game to reach the Yankee’s majors.

    What are your areas of expertise, and how did you come about them?

    My areas of expertise include civil, commercial and criminal disputes, domestic and international arbitrations (both institutional and ad hoc), Cyber, Insolvency and Bankruptcy Law, IPR, Telecom, Gaming and Competition Laws. 

    My mixed bag of expertise is essentially the exposure and opportunities that came my way and it continues to grow each day. 

    You are one of the few tech-savvy lawyers, how did your tech knowledge help during the Covid-19 pandemic?

    I have been arguing through Tablets and Laptops in the Courts and have been pretty much paperless for the past many years so when the virtual setup got expedited and replaced the traditional courts in the beginning, I didn’t face the learning curve which some of my peers did. I was in fact, amongst the first few listed cases when the Courts went completely virtual in various states and was able to argue my cases without too much trouble. Moreover, I had access to all of my files and data for the earlier matters and fresh filings etc. were done by scans so I managed the covid litigations from home fairly easily.  

    The Supreme Court, Delhi High Court and some of the other tribunals also started their e-filing portals so it was easier to have fresh matters filed, reviewed and argued completely digitally. We had tallied that during the pandemic we had filed and argued over 200 odd matters and it was all very seamless.

    Since we have the infrastructure now I hope that the e-filing and virtual system continue for times to come and doesn’t get disbanded. 

    You are a certified mediator with the Delhi High Court Mediation and Conciliation Centre “Samadhan”, tell us about your role and responsibilities.

    I was inducted as a mediator with Samadhan in the year 2017. Samadhan is the result of the joint initiative of the Bench and the Bar of the Delhi High Court who have committed themselves to Mediation as an appropriate method of Alternate Dispute Resolution. As a mediator, the organising committee assigns your cases and you do your best to assist the parties to reach their mutual settlement under the aegis of the Centre. Being the techno-savvy one, I have also assisted Samadhan to set up their website, which is live at https://dhcmediation.nic.in/

    What key tips do you suggest to the lawyers in the present scenarios?

    The legal fraternity has exploded with brilliant talent in recent years and as it continues to grow I have seen some stark improvements and differences. The newer generation of lawyers are confident and have a clear path to the areas of law that interests them.

    If I had to give my two cents for the newer lot and especially for the young budding lawyers who wish to explore litigation, is for them to have more patience, be more compassionate, embrace innovation and most of all stay passionate in this field. This field has a lot to offer but equally requires a lot from you.

    Remember that You can’t be an overnight success but with hard work and persistence, you will definitely prevail. 

    Besides the salient tips in the above questions, I leave my brethren with the thought of the famous comedian Jerry Seinfeld, “To me, a lawyer is basically the person that knows the rules of the country. We’re all throwing the dice, playing the game, moving our pieces around the board, but if there is a problem the lawyer is the only person who has read the inside of the top of the box.” 

    Get in touch with Abhimanyu Chopra-

  • Priya Udita, Associate Lawyer at Indus Law In a FireSide Chat With SuperLawyer On Key Elements Of Successful Corporate Legal Advisory

    Priya Udita, Associate Lawyer at Indus Law In a FireSide Chat With SuperLawyer On Key Elements Of Successful Corporate Legal Advisory

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

    What motivated you to choose law as a career? And how has been the journey so far for you?

    I was born and brought up in Patna. My parents made sure that I get exposure in all disciplines early on, be it science, commerce or arts. It was in Class 12th, when I got interested in business studies and decided to pursue it further. While I was going my graduation (B. Com Hons.) from Symbiosis College of Arts and Commerce, I got fascinated by the multi-faceted workings of a company and developed a keen interest in commercial and corporate law. I can say that B. Com helped me discover my inclination towards law and cemented my conviction to pursue the legal profession

    Being a first generation lawyer, the journey was not easy at first. I remember during my LLB., I used to send out mails for internship and follow up tirelessly so that I can get internship at good law firms and as it is said, perseverance and patience are key cornerstones for success. I was able to get internship opportunities at leading law firms like DSK Legal, Shardul Amarchand Mangaldas and Lakshikumaran & Sridharan.

    I used these experiences to develop key skills like communication, analysis, drafting, and research and paved my way to IndusLaw. So, all in all, it’s been a great journey so far.

    What were the challenges that you faced in the beginning of your career?

    As I mentioned above, coming from a non- NLU college sometimes demotivated me when my application for internships used to get rejected. In my first year and second year of LLB., I faced this issue a lot. I realised getting good score/CGPA was not enough to secure opportunities. Then I got focussed and started working on my skills, writing articles and expanding my knowledge of the subject matter. This really helped me to score good internships.

    Further, I understand there is vast difference in the aspects of law that is taught in colleges and the work you do in law firms/courts or as an in-house. This results into a skill gap when you enter the workforce. This was another significant challenge for me. In my view, law colleges should curate a more industry focused curriculum and skills such as communication, drafting and networking –should be developed at the college stage only.

    What is the most challenging case you have handled in your journey so far and what were your learnings out of it?

    One needs to understand that law is a demanding profession, and whether you are working in a law firm or as an in-house counsel, or practicing law in court, each day comes with new challenges, and with each challenge, comes a new opportunity.

    I remember, I used to fear foreign exchange laws. I always felt that the laws were too complicated. However, I got a matter at my firm where I needed to understand the foreign exchange law and solve queries raised by the client. As challenging it was, it was really great experience to learn new things.

    See, in my view, it will be difficult to pinpoint one challenging case/matter. One needs to sometime fight the fear of unknown and accept it.

    But here is what I have learned from all the challenges –

    (a) read the laws – answers are always there;

    (b) ask where you have doubt – nobody is going to judge you;

    (c) understand the needs of the client first;

    (d) be prepared; and

    (e) always break down a problem to understand better.

    What do you believe are the key elements of successful corporate legal advisory?

    In my view, the law keeps evolving owing to business/market conditions and there is no straitjacket formula for being a successful corporate lawyer. But in general, based on my personal experience, some of the key skills in today’s scenario are:

    • Communication skill – both verbal and in writing, after reading number of cases and laws on a particular topic, the ability to concise the whole understanding in one paragraph;
      • Analytical mind – to be able to understand the problem/query of the client and break down into small pieces;
      • Having an open mind – one’s existing thought process/opinions should not cloud their opinion;
      • Observation skill – having an eye for detail and the ability to look beyond what is said;
      • Researching and networking skill;
      • Taking initiative and proactively participating;
      • Ability to put thoughts into action; and
      • Integrity – towards profession, organisation, colleagues.

    Priya, as per you, what are the best strategies and possible ways to negotiate with clients on some important issues?

    Strategies depend on the requirement or ask of the client and as such there is no best strategy to negotiate. But generally, a strategy should align with the business objectives and needs of your client and also to the best benefit of the stakeholders, both internal and external. One should strike a balance of needs to find a solution to a problem.

    Talking about work-life balance, there has been ample amount of discussion on health issues as a lawyer, what do you believe are the best practices to maintain the equilibrium?

    I understand that a good team of partners and colleague are crucial for a work-life balance. Further, one needs to understand its own strength and weakness. It is important to challenge yourself and work outside your comfort zone but at the same time, you should not stretch yourself too hard. Understand yourself and work on the skill. Health is equally important and therefore, it is really important to have a healthy lifestyle or a hobby.

    Some of the best practices: –

    • Have a hobby – paint, dance, play whatever you feel like. To this atleast thrice a week;
      • Read articles/ books/ listen to podcasts on themes other than legal topics ;
      • No phone near bed;
      • Have a cut off time;
      • Talk to senior if you feel the workload is too much;
      • Walk or do any physical exercise atleast thrice a week

    Lastly, you need to prioritize and take out time for these things for your mental wellbeing.

    Priya, how do you push through your worst times?

    Here are few things my parents taught me which I feel help me a lot:

    • nothing is constant in life, and whatever it is, it shall too pass;
      • we are very small in an infinite universe;
      • worst times are always there to toughen you up;
      • sometime you win and sometime you learn.

    Lastly, having family and friends helps you cope up during these times.

    Lastly, any advice you would give to someone considering a career in this field.

    Law is rewarding and at the same time demanding because of constant changes/updates. One needs to understand different practices of law before pursuing one. In my view, have different internships so that you get all types of exposure, be it litigation, consumer law, competition law, corporate, technology.

    Other than this –

    (a) publish articles,

    (b) work on developing your skill set,

    (c) start taking initiatives and responsibilities,

    (d) always read the laws and lastly,

    (e) don’t be afraid to make mistakes – always learn from them.

    Get in touch with Priya Udita-