Super Lawyer

Tag: Singapore

  • “Sitting as an arbitrator shifts and broadens your perspective and, ultimately, also makes you a better advocate”-Rohit Bhat international disputes lawyer Freshfields Bruckhaus Deringer

    “Sitting as an arbitrator shifts and broadens your perspective and, ultimately, also makes you a better advocate”-Rohit Bhat international disputes lawyer Freshfields Bruckhaus Deringer

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

    You are an international disputes lawyer at Freshfields Bruckhaus Deringer and you also lead Freshfields’ India disputes practice. Can you share with us the journey that led you to where you are today?

    I’ve had a somewhat unconventional path. Fresh out of law school in Bangalore in 2009, I took a leap of faith and moved to Delhi to litigate. As a first-generation lawyer who grew up in Mangalore and Bangalore, I wasn’t sure if I’d find my feet, but generous colleagues and mentors made that possible. 

    My first job was with Mr. Vikas Mehta, an accomplished Advocate on Record in the Supreme Court from whom I learned a great deal about the art and science of dispute resolution. In 2011, I joined Mr. K.K. Venugopal, who, apart from being one of India’s leading lawyers, is a fantastic mentor. His chamber has produced prominent senior advocates and judges, most recently Mr. KV Viswanathan, who was appointed to the Supreme Court last year. I was also fortunate to have the support of Gopal Sankaranarayanan, now a Senior Advocate, who helped me navigate what to me was a new and sometimes inscrutable world.

    A few years into my litigation career, it became clear to me that I would set up my own counsel practice. But before doing that, I wanted to pursue an LLM to deepen my study of public and constitutional law–areas of particular focus for me during my time with Mr. Venugopal. I attended Harvard Law School in 2016, an enriching year in which, among other things, I explored core constitutional issues such as equality and free speech. Upon returning, I began working toward establishing an independent practice, while continuing to assist Mr. Venugopal, who by then was the Attorney General for India.  

    My career shifted quite abruptly at this point. My wife, a journalist, was on a career path that looked increasingly like it would be outside India, which led me to pursue opportunities overseas. International arbitration was a natural fit and I accepted an offer to join the Singapore disputes team at Freshfields, where I have been since November 2018. My focus is international disputes, both commercial and investor-State, across a range of sectors and regions. India is an important part of our practice, and in November 2022, I began leading Freshfields’ India disputes practice. 

    Your experience with Mr. KK Venugopal means that you have handled a large number of cases before the Supreme Court of India, including landmark constitutional cases. Could you elaborate on one of these cases and share the impact it had on shaping your legal career?

    I was fortunate to have worked with Mr. Venugopal on many occasions. They include the case challenging the National Judicial Appointments Commission, the 2G telecom spectrum case, the Aadhar case, and the challenge to criminal defamation in India. The opportunity to work on these legally complex and often politically-charged cases was incredible and gave me a front-row-view to how the greatest Indian legal minds approached these subjects. 

    Working in Mr. Venugopal’s chamber was also rewarding because his juniors have always been an integral part of his team. That means your voice is always heard, your opinions are considered and your work is always credited.  

    You transitioned from the Office of Mr. KK Venugopal. How has your previous experience influenced your approach to handling international cases?

    My experiences in India, especially with Mr. Venugopal, have been instrumental in shaping my approach to complex, high-stakes international cases. But it wasn’t just the grand battles. Tackling hundreds of commercial cases at the Supreme Court solidified my foundation in core contract and commercial issues. Those cases honed my ability to think strategically like a lawyer, identify key issues, and grasp the commercial context. While specific laws may differ, the core approach to applying legal principles remains strikingly similar. A robust foundation from my India experience allowed me to seamlessly transition to the international disputes arena.

    You are on the panel of arbitrators at the Singapore International Arbitration Centre and the Thailand Arbitration Center. How do these panel memberships contribute to your professional growth?

    Serving on these panels gives you the opportunity to be appointed as an arbitrator (of course, appointments are not automatic. These institutions have a robust selection process for each case). Sitting as an arbitrator shifts and broadens your perspective and, ultimately, also makes you a better advocate. You gain a new understanding of what counsel can and should do to better serve their clients and the arbitral process.

    Being recognized as a Future Leader and National Leader in global and Southeast Asia arbitration publications is a significant achievement. How do you think these recognitions have impacted your career, and what advice would you give to young lawyers aspiring for similar recognition?

    Thank you. Such recognition is valuable because it showcases your experience and expertise to a broad swath of the arbitration world and can be a stepping stone to more opportunities. That said, I wouldn’t advise young lawyers to chase it as an endgame. Instead, I’d advise them to focus the early stages of their careers on honing their craft. Good work does eventually get noticed. 

    You are the current Co-chair of Young ICCA. Tell us a little more about how it happened and your work with Young ICCA?

    I’m deeply interested in contributing to the development of arbitration and to ensuring that young practitioners have the support they need to succeed. Young ICCA is a fantastic organization with programs aimed at doing just that. When a co-chair position opened up, I put my hat in the ring. 

    With over 10,000 members, Young ICCA is one of the largest young arbitration bodies in the world. Our core programs are mentorship (we run mentorship cycles, assigning mentors to small groups of young arbitration practitioners), scholarships (we have tie-ups with leading universities to offer fee waivers for Young ICCA scholars), events (all our events are free, and we try hard to ensure they are focused on skills training), and publications (we run a popular essay competition and the winner gets a chance to speak at the ICCA congress). The work I do with Young ICCA is truly rewarding. 

    You’ve co-authored several articles. How important is thought leadership in your field, and how do you stay abreast of the latest developments to contribute meaningfully to the discourse?

    The law is complex and evolves every day. Thinking beyond your immediate case and grappling with the wider legal landscape is crucial to being a good disputes lawyer. Writing an academic piece allows you to dive deep and dissect tough issues from different angles. It widens your aperture and might force you to think ahead about how a particular area of law is likely to develop. 

    As a lawyer in private practice, the trick of course lies in carving out the time for such pursuits. I try to make time every day – okay, almost every day – to keep track of the latest developments in my areas of work and interest.   

    Considering your extensive journey and achievements, what advice would you offer to law graduates who are just starting their careers in the legal field, particularly those aspiring to specialize in international arbitration and dispute resolution?

    When I speak to young lawyers, I always tell them to remember that their legal careers are long. In the early years, what’s vital is building the foundational skills of research and writing, and acquiring a rigorous understanding of first principles. It sounds obvious and intuitive, but all too often, young lawyers feel pressured into picking or committing to a specialized field at the cost of the basics. 

    For lawyers aiming to practice internationally, there are usually two ways to do it. The first is to apply for a training contract with an international law firm, train there, and qualify into an international disputes practice. The second is to work in India for a few years, do a postgraduate degree and then look for opportunities with an international law firm. The second is the harder of the two paths. 

    Get in touch with Rohit Bhat-

  • “The more diverse your practice areas are the better it is for you and your growth” – A Global Trailblazer in Wealth Management Solutions, Varun Kalsi, Global Head of Legal & Business Solutions, Lighthouse Canton

    “The more diverse your practice areas are the better it is for you and your growth” – A Global Trailblazer in Wealth Management Solutions, Varun Kalsi, Global Head of Legal & Business Solutions, Lighthouse Canton

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

    Varun, it’s a pleasure to have you for this interview. Could you please introduce yourself and share a bit about your journey and your current role as the Global Head of Legal and Business Solutions at Lighthouse Canton? 

    Thank you for inviting me for this interview. I began my legal career back in 2007-08. Predominantly, I have always been a law firm lawyer before joining Lighthouse Canton as their Global Head of Legal and Business Solutions. I would bifurcate my career into two parts wherein the first part was spent at Dua Associates where I began as an Associate and continued for almost a decade. Thereafter, I was a Partner at PSA Legal Counsellors, and Desai & Diwanji, respectively. At Lighthouse Canton, I oversee the legal function, which is self-explanatory. The other function that I oversee is business solutions, which is essentially at the heart of the wealth management business of Lighthouse Canton, which has 2 main businesses wealth and asset management. While legal has a broad range and would cover arrangements on asset management, HR and myriad other areas across the organisation, business solutions cater to HNIs and UHNIs who are on the lookout for niche tax/other structuring solutions, setting up an offshore family office, flipping their current structure, succession planning solutions and so on.

    Varun, you pursued your Master of Laws (LLM) at NYU in New York and now hold a prominent position in Singapore. How did your education in the U.S. influence your career path, and what prompted your move to Singapore? 

    Education in the US is an incredibly enlightening experience. Not only is the method of instruction different from that in India or England, but the culture and approach towards education per se are distinct. The focus is on discussion, rationale, understanding and analysis, and your age or current vocation does not matter. There is no limitation to acquiring or enhancing one’s skill set. Ideally, I would have liked to work in the US for some time at least. But as they say, man proposes and God disposes. Shortly after I began my LLM program the world was hit by something called the subprime mortgage crisis, a global recessionary situation wherein the US was the epicentre of this economic earthquake, and I was one of those right in the middle of it. That apart, the US, especially New York, teaches you a lot about life in general. One of those things is self-reliance or sufficiency. If you are open to the idea, you could discover yourself in such a situation. Let’s face it. The LLM program at a premium varsity abroad is expensive for the average person. So, one would like to procure a work opportunity in the US to obtain exposure and recover the hefty tuition unless one manages a scholarship. The latter was on my agenda, but that discussion is for another day, I guess. Law firms in the US are extremely professional. Thus, even rejections to my request for placement were kindly worded and came to me in sealed envelopes. Other than the fact that you are away from home/family, an existing economic crisis only has a compounding effect on one’s self-esteem. However, sometimes, such a situation only makes one stronger, and it’s not in my DNA to give up easily. Thus, I took everything with a pinch of salt and made my way back to India. To clarify, Singapore was not on my agenda then. 

    Can you share insights into adapting to the legal and business environment in Asia after your experiences in the U.S.? 

    Honestly, the first time I thought about Singapore as a place where I could work and live was when I was transiting from Singapore for a holiday in 2015. The layover was longer than usual for some reason, so we opted for the free city tour that Singapore Airlines does from the Changi airport. It is an interesting tour for someone who has never been to Singapore. I had already been here twice and thought that I was aware of the city, but things were to change. The island country had changed a lot from the days when Orchard Road was the city centre and the Merlion stood tall at Sentosa. Now, there was a thriving central business district at Raffles Place/Collyer Quay and the city had transformed itself in more ways than one. So, yes, the thought did cross my mind, but I was too preoccupied with what I was already doing so I did not follow through. It was only in 2021-22, when the opportunity with Lighthouse Canton came along that I put my mind to it and began a detailed investigation into the possibility of moving to Singapore. Singapore and the US are very different from each other. One of the major factors is the sheer size, demographics, and population of the respective countries. There is no second-guessing about Singapore’s position as the financial hub of Southeast Asia. Further, the law and order promulgation, enforcement, political stability, and swift and efficient judiciary make it a force to reckon with not only in Asia but also in the world. As Singapore is a common law country, the basic structure of all laws is like other common law countries with subtle nuances to the same. The banking and finance industry is at the centre stage and almost all global corporations and conglomerates have a significant presence here. Honestly, the pressure to deliver never changes if you take your work seriously and have the desire to grow personally and professionally. So, while there could be a difference in approach, there is no compromise on quality. 

    You’ve had a diverse and extensive career, ranging from private practice at law firms to your current global leadership role. How has your journey, including experiences at Desai & Diwanji, Priti Suri & Associates, and Dua Associates, shaped your approach to legal and business solutions? 

    It has been a rather interesting journey wherein I have worked with two large firms and one boutique law firm. I began my career at Dua Associates, so a large part of my initial learnings came from here. I was fortunate to report to a senior partner with rich experience behind him. While that meant that expectations were always high, I had the opportunity to learn, sometimes by simply observing my senior and some other times by asking the right questions of him. One needs to understand that this process necessarily involves unbiased introspection as otherwise, you will not be able to upskill, improve yourself and identify the chinks in your armour. Further, another important thing is to know what to learn and imbibe and what not to. Of course, that comes with experience, age, and wisdom. By the time I was at PSA, I was relatively senior and joined them as a partner. Also, as it is a boutique law firm, the manner of operations was very different from that at Dua Associates. However, as we were a lean team, everyone put that extra effort to make things happen and sometimes the energy you create in such situations is contagious to others too. It was here that I unlearned some of the things that I had learnt as I identified and learnt some things that were better and contemporary than what I was accustomed to previously. One needs to appreciate that learning is a continuous process and one must continue to upskill themselves and sync with the present. While I had already begun the process of developing my own book, it was at PSA, that I shifted gears and opened my mind to different possibilities at work. Working at both these wonderful organizations gave me an insight into setups that were traditional and a heady mix of modern and traditional. My last law firm stint before Lighthouse Canton was at D&D, wherein I worked closely with the other partners. So, yes, I was back to a large law firm setup but the manner of functioning of the organization was again distinct from what I had seen in my earlier firms. As I said, the learning never stops. One needs to be a good observer and listener to identify what should be done and also what should not be done in a particular situation. Working at these firms was an enriching experience that shaped my career for the better and made me a better lawyer and a person.     

    As the Global Head of Legal & Business Solutions, you provide legal support to wealth and asset management businesses. How do you strike a balance between addressing legal intricacies and facilitating business solutions, especially in the wealth management sector? 

    Interestingly, there is an overlap between the legal and business solutions functions. As mentioned earlier, business solutions involve providing structuring solutions to HNIs/UHNIs, that are tax efficient. Further, a client may have successional planning requirements, which is akin to private client practice at law firms. At Lighthouse Canton, the main difference is that client requirements will typically mostly be at a global level, unlike a law firm wherein you may still engage in domestic mandates and transactions. Also, at law firms, we would typically engage a local counsel when catering to the laws of a foreign jurisdiction. However, with business solutions, there is an expectation to have a preliminary handle on foreign laws too. For instance, one will have to examine legal regimes across jurisdictions to appreciate the tax impact for a particular client. It is pertinent to note that this will change depending on the situation, objectives, and asset locations of a client. Similarly, succession planning solutions will also require us to assess the best option available globally, to address a client’s needs and objectives. Of course, we will engage with local advisers as and when necessary. Thus, it is fair to say that my legal background is critical in enabling me to deliver requisite solutions to our wealth management clientele.

    Your role involves executing wealth management pitches for UHNI prospects, including conglomerates and founders. Can you share an interesting experience or a successful pitch that stands out in your memory? 

    There have been many such experiences that are worth remembering or mentioning. But one needs to understand that a pitch to provide a solution becomes even more interesting where there is interplay between multiple jurisdictions, or where there is some uncertainty in applicable laws. A classical situation that arose some time ago was when we were prospecting a conglomerate for setting up its family office in Singapore. For this purpose, the prospect would make overseas direct investment/ODI from India under the new route for operating companies in India, as introduced by the legislature in August 2022. Interestingly, while on paper, which is also backed by a law firm’s opinion, this route is still available, practically it is not possible due to certain informal communication to authorised dealer banks, who are no longer willing to allow remittance through this new route. Again, this is one amongst several instances that have been extremely intriguing and interesting.

    Among the diverse legal projects, you’ve been involved in, is there one that stands out as your favourite? What made it particularly memorable or rewarding? 

    This is a tough one. I have been party to many and it is hard to place a finger on anyone. However, let me share one of them for our audience. The thing in legal practice is that favourites will change with time. This is so because at a later point in time, hopefully, one will be more experienced/skilled and the same thing that was interesting once may appear mundane now. In a particular instance, I met someone for a business development meeting at their office. We spoke for an hour about various businesses and issues that the group was involved with and areas where I could help the organization. The meeting was with the CEO himself. About a week after our meeting, he sent me a text saying I liked what you told me about securing our group’s IP. Let’s begin with that and see where we go. From there, I ended up assisting the promoter on their private client matters and other issues that the group was facing from time to time. Even today, I am in touch with the gentleman and my highest reward is not the billing that happened but the faith he reposed in me in executing different kinds of tasks for the group. I am ecstatic that I earned a person while earning my livelihood.

    Outside of the legal realm, what are your personal interests or hobbies that bring you joy and relaxation? How do you unwind from the complexities of legal leadership? 

    Now we are talking. I love my music, food, outdoor sports, and spending time with family including my extended family and specifically, my grandparents. I firmly believe that one should not forget that later our grandparents and parents will need us just the way we needed them earlier (and still do). As an aside, I am agnostic to the genre/kind of music or food as the music should sound nice and the food should taste good.

    In your career, you’ve worked across various legal domains, from general corporate to private client and intellectual property laws. How has this diversity contributed to your skills, and what advice do you have for legal professionals looking to diversify their practice? 

    Interestingly, nowadays most law firms have lawyers who operate in silos in terms of practice areas. While that can be a good thing for some practice areas, for some others, it is my view, that it inhibits growth. So, if you have the choice to diversify your practice areas, please do. However, keeping in mind how most law firms will have specific practice area-based departments, it makes sense to bifurcate your skill sets between your core areas and those that move around them. This is crucial from most large law firm’s perspective. Interestingly, in a smaller law firm (and some larger ones too), or in-house role, the more diverse your practice areas are the better it is for you and your growth. While it makes sense to augment your skill set, you must choose your areas wisely both in terms of your core areas and the then prevailing trends and opportunities.

    As we conclude, we’d love to hear your perspective on the importance of continuous learning in the legal profession. How do you stay updated on industry developments, and what role does ongoing education play in your career? 

    As I have already acknowledged, learning is indeed a continuous process. Personally, I keep my eyes and ears open concerning anything that affects my current work profile, or that may otherwise have any relation to the same. As you would appreciate, with the global role, my canvas is quite large. So, I need to keep painting when the opportunity arises while the canvas keeps on expanding itself. We also indulge in external trainings, that can enable us to improve our work and knowledge especially those in relation to Lighthouse Canton’s wealth management business. Thus, ongoing learning and education are critical for my functions.

    Get in touch with Varun Kalsi-

  • The usage of technology and artificial intelligence to streamline legal processes and improve efficiency is a trend that will continue to grow- Rohan Sharma FCIArb, Principal Associate at Karanjawala & Company and Solicitor (England & Whales)

    The usage of technology and artificial intelligence to streamline legal processes and improve efficiency is a trend that will continue to grow- Rohan Sharma FCIArb, Principal Associate at Karanjawala & Company and Solicitor (England & Whales)

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

    Can you tell us about your journey into the field of law and what inspired you to pursue a career as an Advocate and Solicitor in both India and England & Wales?
    Coming from a generational family of lawyers, taking up law as a profession was a default option. However, after completing my graduation in Political Science (Hons.) from Delhi University, I initially dabbled in venturing towards doing something Information Technology or Business Administration, but not getting the college of my choice I finally decided to pursue law. By the time I made my decision, the entrance exams for both IP University and Campus Law Center, Delhi University were over, so I took up admission at Mewar Law College, C.C.S University. Looking back I regret that despite the opportunity I never interned with any law firm or Advocate during my studies at the law college. 

    After completing my graduation I read law in the chambers of Sr. Counsel Mr Arun Bhardwaj for almost 6 years and practised both on the Civil and criminal side during which I had secondments with both English and Singapore law firms, and then in 2013 I joined my current law firm Karanjawala & Co, I am very grateful to Mr Raian Karanjawala who gave me the opportunity to sharpen my legal skills in my current firm which I call the “AIIMS” of legal practice, because of the sheer amount of diverse matters one gets to handle ranging from complex commercial disputes, PIL, writs petitions, etc to family disputes and one is exposed to the whole spectrum. My supervising partners, Debmalya Banerjee and Meghna Mishra, also deserve credit for their priceless guidance and mentorship.

    Credit goes to my father who encouraged me to become a Solicitor as after completing of LL.B., we discussed the possibility of doing an LL.M. However, I was not keen to do further studies, so he suggested that I should sit for the Solicitors conversion test and simultaneously work with either English or Singapore law firm for some time abroad to broaden my horizons. I qualified as a Solicitor after taking the erstwhile conversion test known as the Qualified Lawyers Transfer Test (QLTT) in 2010 and my experience working at Clyde & Co, London gave me key insights into the life of an English Solicitor. Following my secondment at Clydes, I had the privilege to join Rajah & Tann in Singapore where I worked under the current Chief Justice of Singapore, Mr. Sundaresh Menon SC, as well as Jainil Bhandari, Partner in Admiralty & Shipping, and Prakash Pillai, Partner in International Arbitration and then later on I continued my professional journey at Herbert Smith Freehills, under Mr. Nicholas Peacock, Partner in Arbitration.

    Just before the Covid 19 pandemic, I submitted my application via The Experienced Practitioner Route (EPR) to become a Fellow with the Chartered Institute of Arbitrators (CIArb) which is the world’s largest community of alternative dispute resolution (ADR) professionals, and in 2020 after review of my application and interview by the main office at London, I was inducted as a Fellow.

    With around 15 years of experience in civil & commercial litigation, arbitration, and corporate matters, could you share some key highlights or memorable cases from your career that have had a significant impact on you?

    Sure, let’s start in a descending timeline, in 2022, it is every lawyer’s aspiration to brief and assist Mr Fali Nariman, Sr. Advocate who had been on hiatus for quite some time, my chance to brief Mr Nariman came during the COVID pandemic in 2022 when Mr Nariman agreed to appear for Surat Parsi Panchayat Board before the Supreme Court who were seeking a traditional burial of Parsi Zoroastrian Covid-19 victims. From the initial preparation of the special leave petition to the final disposal of the matter, Mr Nariman even at the age of 94 is full of energy and spent a great deal of time and energy going through every document. Mr Nariman used to dictate numerous notes, which he used to consistently amend to make them as concise as possible for the Bench. My big takeaway is to consistently think about your case as with the passage of time you are able to articulate the material facts required for the applicable rule in a concise manner. 

    The culmination of a successful arbitration (Government Of NCT Of Delhi. Vs. M/S Shonkh Technologies ) that started from seeking an injunction (Section 9 of A&C Act Petition) against the termination order passed by the Transport Department, Government of NCT in 2013 against our clients- Concessionaires. Due to the sheer volume of documents we had to sift through and collate them in a logical manner in relation to our claims with the various Sr. Advocates that were briefed in the matter starting from Mr Gopal Subramaniam, Dr. Abhishek Manu Singhvi, Mr Sandeep Sethi, Mr Saurabh Kripal and  Mr Chinmoy Sharma, gave me a front row seat the manner in which the said Sr. Advocates muster and applied law to common facts, their legal strategy has been invaluable in my growth as a lawyer. The case is memorable as the client reposed faith in me and referred me to subsequent matters. 

    During my initial days of joining Karanajwala & Co I was marked on an ongoing writ petition against an Insurance Company that had unilaterally deleted rain cover for a cricket match and subsequently repudiated the insurance claim. After two concurrent findings by Delhi High Court that writ petition is not maintainable, we were able to successfully persuade the Supreme Court to set aside the concurrent findings. This case is memorable as we developed the parameters for invoking writ-large jurisdiction concerning insurance policies, rather than resorting to alternative remedies.

    I have had the best time working at Barlow Lyde & Gilbert now known as Clyde & Co and I express deep gratitude to my supervising partners Mr Richard Black, Eurof Lloyd Lewis, Patric McGonigal, Jeb Culow and colleagues Lyall Hickson, Leon Alexander and Kenzia who involved me in their matters, encouraged me and were patient in clarifying my numerous concerns. 

    During my tenure in the Marine Energy & Trade department at Barlows, Mr. Black engaged me in the Elektrim SA v Vivendi Universal SA case, which was a multi-billion-euro dispute ranked by American Lawyer magazine as the 11th largest arbitration in the world in the year 2008. As this matter had only a limited number of associates involved due to its focus on insolvency issues and compliance with EU Regulation No. 44/2001, rather than shipping-related disputes. So Mr Black involved me and I had the chance to undertake various tasks preparing notes for the hearing, from drafting witness statements & procedural applications, bundling & filling, attending conferences with Barristers and Kings Counsels such as Gabriel Moss KC, Richard Millett KC & Julian Kenny KC, court hearing, etc.

    I recall that in one of the hearings before the Commercial Court, Royal Court of Justice, Mr Toby Landu KC who acting for the Vivendi Universal SA during his submissions quoted from the book- EU Regulation on Insolvency Proceedings which was incidentally authored by Gabriel Moss KC who was leading us in the same matter which lead to a series of amusing comedy of errors during the hearing.

    One of the other big matters- Congentra AG v Sixteen Thirteen Marine SA (The “Nicholas M”) in which assisted & acted for the Russian Charterer- Congentra AG against the Greek Shipowners-Sixteen Thirteen Marine SA who had instituted London arbitration proceedings and obtained attachment order in New York in support of their arbitration claim. We counterclaimed that the attachment order was wrongfully obtained and the injunction should be discharged. We were led by Richard Southern KC, Richard Walker KC and Anna Gotts. Leading up to the dispute the emails were exchanged from different parts of the world so to get a real sense of the timeline I remember we had to cross-reference each email with the corresponding UK, Russian and New York time. 

    You are the Director of the Federation of Indian Corporate Lawyers (FICL), a not-for-profit organization. Could you tell us more about FICL’s mission and the role it plays in the Indian corporate legal community?

    Yes, FICL (www.ficl.org.in) was incorporated during the Covid pandemic in 2020 as a not-for-profit company. FICL’s vision and mission are centred around becoming the leading advocate for corporate lawyers in India. We aim to facilitate the sharing of legal expertise among the Indian corporate legal community while promoting the highest professional standards and offering valuable developmental opportunities for in-house lawyers and legal professionals in India to enhance their skills and expertise. To that effect, FICL released “FICL Code of Ethics & Standards of Professional Conduct for In-House Lawyers’ ‘ (“FICL Code”) during its Inaugural “FICL 1st Corporate Lawyers Summit 2022 held in New Delhi. FICL Code aims to provide general guidance on the ethical and professional standards to the In-house corporate lawyers community in India. 

    This year Justice Navin Chawla (Delhi High Court) released the results of India’s first “Survey on Dispute Resolution in India” undertaken by FICL & Centre for Trade and Investment Law (CTIL) during FICL’s annual one-day conference “DELHI DISCOURSE 2023”. FICL signed a Memorandum of Understanding with the Singapore International Arbitration Centre (SIAC), Beihai Asia International Arbitration Centre Pte Ltd (‘BAIAC’) to promote international arbitration as a preferred method for resolving international disputes. FICL also supports seminars of ICC, SIAC, IPBC, ACGC, Singapore Academy of Law, АРАС, etc for wider reach and participation of key stakeholders. 

    In 2022, you were recognized as one of the Forbes Top 100 Individual Lawyers in India and received the Lex-Falcon Global Award for Outstanding Achievements in the Legal Industry. What do these recognitions mean to you, and how have they influenced your career?

    These recognitions hold immense personal and professional significance for me, as they validate the dedication and effort I have invested in my practice. They serve as a powerful motivator and a source of pride, not only for myself but also for my team and my current colleagues Kartik, Nicholas, Anmol and Shreesh who have supported me along the way. Moreover, these accolades have had a substantial impact on my career trajectory. They have enhanced my professional reputation and opened doors to new opportunities. For instance, they have facilitated networking with like-minded professionals, leading to collaborations and partnerships that have further enriched my work.

    Your professional journey has taken you to law firms in India, London, and Singapore. How has working in these diverse legal environments shaped your perspective on the practice of law?

    I consider myself fortunate to have had the opportunity to work in diverse legal environments, which has greatly enriched my legal skill set. For example, in the UK, it is common for English Solicitors to engage in settlement negotiations and discuss the merits of a case without prejudice before it proceeds to a hearing, as the prospect of bearing actual and punitive costs in the event of loss weighs heavily on the parties involved. Likewise, I have observed that the legal practice in Singapore tends to be characterized by its clinical and direct approach. All in all, my experience of working in leading law firms across different parts of the world has provided valuable insights into their approaches and behaviours in different situations. 

    You’ve been involved in a wide range of legal matters, from representing corporations in arbitration to dealing with government regulations. Can you share some strategies or insights you’ve gained for effectively navigating complex legal landscapes?

    Whilst navigating disputes complex or otherwise, what I have learned is to develop a central theme like a tree trunk and then to categorise all the ancillary, supporting points like branches. This is also useful for complex legal issues where you can compartmentalize your key premises by using deductive and inductive reasoning methods as to why the court should rule in your favour. One should use a visual representation of a complex problem/ transaction by way of charts, diagrams or photographs which break down a big issue into bite-size issues which are easy to understand. 

    In drafting with the advent of cut-copy-paste, there is always an inclination to paraphrase and verbosity does not help either your clients or the judges so keep it concise. If you represent the Plaintiff- use active voice and vice versa for the Defendant. As mundane and time-consuming as it may be, make it a point to peruse through all the correspondence, documents, etc yourself and not solely rely on the client’s inputs.

    It’s prevalent for English solicitors to maintain a case diary/logbook, which basically is a notebook in which they pen down their case notes, client conferences, conferences with Barristers, coordination, etc which serves as a time capsule and it can be referred back for clarification, itemising memos, etc. This practice I believe one should inculcate.

    Can you discuss any trends or developments in the legal industry that you find particularly interesting or noteworthy, especially in the context of India and international practice?

    Technology Adoption: The Indian legal industry has increasingly adopted technology solutions for tasks such as e-filling, document review, research, case management, VC hearings, etc in the aftermath of the confinement during the COVID-19 pandemic. The usage of technology and artificial intelligence to streamline legal processes and improve efficiency is a trend that will continue to grow.

    Entry of foreign law firms in India: The much-awaited entry of foreign law firms this year by BCI is a big development that has happened this year. As these foreign firms establish a presence in India, a demand for local legal expertise in areas such as transactional and corporate law, JV, M&A, intellectual property, contract drafting, etc would emerge. The inclusion of foreign law firms in active participation in arbitration cases in India in form of either venue or seat will contribute to India’s potential to become a prominent international arbitration centre akin to London and Singapore. Simultaneously, this would open doors for Indian legal professionals to engage in arbitration activities abroad, presenting substantial prospects for them.  

    Alternative Dispute Resolution (ADR): India is ranked the fifth-largest economy in the world which is fuelled by mega infrastructure projects, Services, IT, manufacturing, etc. Consequently, the momentum of this booming economy often translates into an increase in commercial disputes. Resolutions of commercial disputes through arbitration and the newly enacted The Mediation Act are popular ADR methods. Furthermore, making India the hub of International Arbitration has been one of the pioneering initiatives of Prime Minister Shri Narendra Modi. So I do see a huge potential in this area.

    Finally, as someone with a wealth of experience and achievements in the legal field, what advice would you like to give to fresh graduates who are just starting their legal careers and are eager to make their mark in the profession?

    I am reminded of what a KC said to me when I was delivering hearing bundles at his chambers he asked “What is the similarity between mushroom and trainee solicitor” after a few moments he replied, “Both are kept in the dark and fed shit”. My advice to recent graduates is to prioritize the finer details, such as organizing paperwork in accordance with court records and staying in regular communication with your seniors regarding case progress or when things go south. These are the qualities that will make you stand out and your Seniors will entrust you with greater responsibility. Make a habit of writing legal articles periodically. The rest is about embracing your legal journey with a touch of humour and paying attention to your mental health. 

    Get in touch with Rohan Sharma-

  • My first piece of advice to aspiring arbitration specialists would be to gain experience in trial courts where cross-examination is critical- Hiroo Advani, Founder & Chairman, Advani Law

    My first piece of advice to aspiring arbitration specialists would be to gain experience in trial courts where cross-examination is critical- Hiroo Advani, Founder & Chairman, Advani Law

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

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

    My father was a renowned Senior Counsel and at some point in my early years, I was intrigued to choose law as a career. However, I was still going back and forth in making a final decision. I, then met some people from America in Mumbai who had major on-going arbitrations with ONGC. Frankly, the fees that was offered to me as a Junior Counsel was so lucrative that I was immediately attracted to handle arbitrations for them. Yielding successful results for my clients, they recommended my name to a large number of international companies that had their base in India. So, I started getting a lot of international arbitration matters as a Junior Counsel in India.

    Graduating with a Gold Medal from Bombay University is a remarkable achievement. How did your academic background influence your career path in law?

    Receiving a Gold Medal from the Bombay University dissipated all the uncertainties I previously had, as it gave me the confidence that I obviously had the necessary skills for the legal profession and got even more determined to pursue law as a career.

    You completed your degree in Law from the University of Cambridge, UK. How did studying abroad shape your perspectives on law and arbitration?

    While studying in Cambridge, I learned how to carry out an in-depth analysis of legal cases. In those days, we did not have NLUs (National Law Universities) and only had very few law colleges, where they opted for a rather standard approach to legal studies. Cambridge taught me how to go about the subjects and understand the very core and nexus of the subjects with a certain amount of depth.   

    As the Founder and Managing Partner of Advani Law, you’ve become a highly regarded authority on arbitration law. Could you share some key moments or experiences that helped you reach this position?

    I had desired to become a Counsel in the Bombay High Court, however, by sheer coincidence, my clients from America, with whom I had developed a long term association, suggested that I establish a law firm as large corporations usually preferred to engage law firms instead of lawyers in their individual capacity.  With this understanding, I decided to start my law firm, Advani & Co. It was a very exciting journey, as all international companies I worked with made me travel around the world for many complex arbitrations. I found the work so exhilarating that I decided to focus on international arbitration instead of confining myself to courts in India. 

    You’ve been actively involved with various arbitral institutions, including SIAC, KLRCA, LCIA, and others. How did you become a member of the SIAC Court, and how has this involvement impacted your career?

    I appeared in an arbitration before Michael Pryles, who later became the Chairman of Singapore International Arbitration Centre (SIAC) Court. He found that I would be a suitable candidate for spearheading arbitration work in India. It did not seriously impact my career until the SIAC Board started appointing me as an arbitrator alongside retired Hon’ble Chief Justices and Supreme Court Judges of India, with me being the presiding arbitrator in most cases. Therefore, my career grew as an arbitrator alongside my role as a lawyer.

    Serving as the first President of the Indian Arbitration Forum is a significant accomplishment. Could you share some of the challenges and rewards you experienced during your tenure?

    There were some conferences in Singapore that I was unable to attend, however, several of colleagues had attended the same and suggested my name as the first President of the Indian Arbitration Forum (IAF). When I arrived from abroad, I was informed that I was the first President of the IAF. I attempted to create an Arbitration Bar, but I was not very successful as more lawyers were not treating arbitration as a specialty at that time. So after several years, I deem its best to be left for the younger lawyers to create an Arbitration Bar for international cases.      

    Your expertise lies in both Commercial Domestic and International Arbitration. What sparked your interest in working with global players in the oil and gas, infrastructure, construction, and renewable energy sectors?

    During the early 2005’s,  I was handling the cream of international arbitration work in India. However, from 2005 onwards, all major arbitrations were going to international law firms. Consequently, I started taking on domestic cases where the stakes were higher, and Indian companies began paying more than before.

    Enforcement of Awards and Foreign Decrees can be challenging, especially in India. How have you and your firm successfully navigated and enforced international awards in the country’s legal landscape?

    Many international law firms are familiar with us and approach us for the enforcement of international arbitration awards and decrees from their courts. As for enforcement overseas, we engage law firms we have known in that territory for a long period of time, as we don’t have an active role in enforcing awards outside India.

    You’ve been invited to speak at various organizations, both locally and internationally, on arbitration-related topics. How do you approach these speaking engagements, and what key messages do you aim to deliver to the audience?

    Currently, for the last two years, there has been opposition and dissenting views with regards to whether non-signatories can be made party to arbitration proceedings. I strongly believe that Indian courts have taken a proper view that non-signatories can be made a party. Although this view is unpopular in England and Singapore, both of which are common law countries, I believe India has taken a lead in this regard. I have actively promoted this perspective in all the arbitration conferences where I have been a speaker in recent years.

    With your wealth of experience in the legal profession, what advice would you give to fresh law graduates who are aspiring to pursue a career in arbitration or dispute resolution?

    My first piece of advice to aspiring arbitration specialists would be to gain experience in trial courts where cross-examination is critical. Most high courts do not provide such experience. After gaining experience in trial courts across the nation, you should focus on gaining experience in the High Courts, particularly regarding Section 34 for setting aside awards, as nearly every arbitration in India is challenged in the courts. With experience in both of these areas, you will be well-prepared to establish yourself as an arbitration specialist, handling both international and domestic cases. It’s important to understand that in international arbitrations, you need to collaborate with a lawyer experienced in international arbitration, as they operate quite differently from domestic arbitrations. Armed with this experience, you can confidently handle arbitrations worldwide.

    Get in touch with Hiroo Advani-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Anushkaa Arora-

  • Ankur Deka Rabha, Head Legal, Essilor Group, on his role and responsibilities, struggles of a first generation lawyer

    Ankur Deka Rabha, Head Legal, Essilor Group, on his role and responsibilities, struggles of a first generation lawyer

    Ankur Deka Rabha graduated in law from NLSIU, Bangalore in 2002. Having experience of more than fifteen years in the legal industry, Ankur is a versatile and result oriented leader with global exposure to diversified business strategies. He was the General Counsel- India at Bosch Limited for over a period of seven years and then had a brief stint as Head – Legal and Contract Management at Alstom Transport Limited. Currently, he heads the legal department of Essilor Group striking a balance between growth and compliance through innovative ideas to enable business.

    In this interview, Ankur answers to Rounak Biswas of SLS Pune the questions posed by Shafina Salahuddin of Calcutta University focussing on:

    • Being a first generation lawyer
    • Challenges in early years of practice
    • Roles and responsibilities as Legal Head of Essilor Group
    • Importance of conciliation for dispute redressal

     

    HOW WOULD YOU LIKE INTRODUCE YOURSELF TO OUR READERS?

    A lawyer driven by passion for his work and still eagerly learning each day in order to be a better business lawyer.

     

    WHAT MOTIVATED YOU TO PURSUE A CAREER IN LAW?

    I do not come from a family of lawyers. I am a first generation lawyer. During the late nineties there were not many career opportunities for students in Guwahati besides courses like engineering or medical or the remaining alternative of the quintessential three-year degree course. Hence, once I completed my higher secondary, I was looking for course other than medical and engineering, so law became an obvious choice. It was also because my friends were already studying there. That’s how I got into NLS.

     

    HOW INSTRUMENTAL WAS NLSIU, BANGALORE IN SHAPING UP YOUR LEGAL CAREER?

    I remember my years in NLS as a period of learning law, diversity, people, cultures etc.

    There was a paradigm shift in my thought process and the way I saw and perceived things before and after I joined NLS.  What I liked about most is that teaching methodology was not theory centric but practical learning. It makes you think, question and rationalise. As a student, it was an exciting journey of learning and nurturing my skills on research, writing, oratory skills, rationalising and analysing the law. These things definitely helped me nurture the basic skills required as a legal professional.

    Of course it is humbling to be part of such a great institution but one thing I realised when I started my career was that an institution can only help to nurture you, the rest is up to you to make what you want of yourself and succeed professionally. 

     

    WHAT WERE THE CHALLENGES YOU FACED IN THE EARLY DAYS OF YOUR PRACTICE?

    To be honest, the initial challenge was not about law but about trying to sustain myself in a big city like Delhi with a meagre income and also find good seniors to work with. But I was resilient and persistent and carried on with the belief that it will bear fruits in future. I think this the period I realised my strengths —patience, resilience and self-belief and taking on challenges.

    I was fortunate to have very good seniors who taught me a lot. One of them told me something which I still remember, “always see every challenge as an opportunity rather than a hurdle and grab it. If you are not quick enough, someone else will take it”. Although I only had a short stint as a litigating lawyer as I shifted to the corporate side soon due to personal reasons, I did thoroughly enjoy it and had great learning experience. For me litigation is not always about just law and arguments, it is also about strategy.

    My experience as a practising lawyer does help me manage situations as an in-house counsel. I realised that litigation is not the first option to suggest to an internal customer even though it’s the only option which they might desire. Sometimes it’s a question of egos not as much of a case of dispute which cannot be resolved across the table. We as in-house counsels have to understand business and appreciate that any kind of litigation involves costs and man hours and basically affects the bottom line in a business. We need to explain the same to our internal customers so that alternate solutions can be explored and we should facilitate that. I have always pushed for alternate methods of conciliation and been successful in resolving many high value disputes without going to court during my short professional career.

     

    WHAT IS YOUR OPINION ON FAILURE? IS IT ACCEPTABLE TO YOU?

    Of course there is no alternative to hard work and yes performing well can sometimes can be stressful. However, I personally feel it is very important, whether as a student or as a professional, you are passionate and enjoy what you do. We stress ourselves so much for what we don’t have that we forget to appreciate what we have at present.

    We have to understand that success and failure are part of life. Mr. Ratan Tata said “Ups and downs in life is very important to keep us going, because a straight line even in an ECG means we are not alive”.

    Basically, what is important here is how you see things. It’s all about perspective. Life is neither constant nor should you want it to be because if you do then you will never experience something new and learn from it.

    Therefore, I think it is important to experience failure sometimes because such instances can only make you stronger and wiser. The main thing is to be resilient and not give up. One only fails when one gives up trying. If you want to grow not only should you have the courage to fail but also have the courage to look at it positively and learn from your mistakes. It is then called an experience!

     

    WHAT ARE YOUR ROLES AND RESPONSIBILITIES IN YOUR CURRENT POSITION?

    One of Essilor Group’s core principle is “respecting laws by applying high standards”. My management is fully aligned and committed to this principle and I am fortunate to have great support (not only from India but also from AMREA headquarters in Singapore) where the tone is set from the top in order to enable the organisation to be a responsible and compliant corporate citizen.

    In my role, my first and foremost responsibility is to assist in implementing strong internal compliance mechanisms and processes. On a day to day basis, it is mostly contracts, FDI related issues and general corporate advisory. I act as a business partner to find simple solutions for complex issues through innovative ideas. I

    Over the years working as an in-house counsel in various organisations what I have learnt is that it is really important to reach out to internal customers if you want to bring change and contribute to business growth. If we sit in our chairs and expect internal customers to come to us, then nothing will happen. At Essilor, Legal & Secretarial team goes that extra mile to reach out to internal customers, interact with them on a regular basis across India to build trust for partnership.

     

    HOW WAS YOUR EXPERIENCE WORKING WITH LAW FIRMS AND HOW IS  DIFFERENT IS FROM YOUR CURRENT ROLE?

    Well, being in law firms during my initial years was more about drafting and documentation rather than direct client facing and negotiations. Also, role was usually watertight and didn’t have any scope to venture into other areas of law. For example, if you were in a corporate group you would be mostly doing just that and would not be handling issues of litigation or IP etc.

    As an in-house counsel, the equation is quite different. It is basically a client facing role on an everyday basis.

    First and foremost, it is essential to understand the business before delving in on its problems. If you cannot understand the business you cannot make necessary provisions in your contracts. Being proactive and visible is also essential to maintain balance between compliance and business. I have always supported the idea of my colleagues providing trainings on various issues, distribute Do’s and Don’ts, SOPs etc., to ensure that they are visible to the internal customer and there is trust built for future cooperation.

    My role as an in-house counsel has been a journey of every day learning and there is always something new to do and something new to learn every day. I realised early in my career as an in-house counsel that it is not just about law but about finding possibilities to assist business and growth and at the same time also being strong to say “No” when its actually required and still have buy-in from your internal customers.

    Being an in-house counsel you also need to be a generalist in addition to your specialised subjects as you need to advice the management on all issues of law.

     

    WHAT WOULD YOU ADVICE YOUNG LAWYERS ON WORK-LIFE BALANCE?

    Speaking only from my personal perspective, even today I see a lot of people having the wrong notion that their organisation or bosses will think they are hardworking and dedicated only if they sit and work late hours on weekdays and even weekends. Yes, hard work is important for success but then you can work smart as well. For me if someone sits late hours every day and I know there is not much to do, then there is definitely a problem with time management.

    As a professional, amongst others, time management and punctuality is very important. We should plan our day (for example, divide your time, prioritise work) in advance. With little checks and balances I feel one can always manage between work and home.

    I have always ensured my colleagues understand the value of time whether at work or at home. A stress free mind can innovate/ think out of the box or else we will only end up having robots which can only do what it’s programmed to do and not innovate or think out of the box.

    Although it’s not easy when you begin, but it is important to first understand business of your organisation and align your department goals to that of the organisation, build a rapport with your internal customers, understand and anticipate their requirements, train them to take care of minimum risks, have SOPs for all kinds of transactions, draft templates etc. All this goes a long way in giving you a cushion required to ensure work life balance.

    At the end of the day, it’s left to an individual or a team to make it happen. No one else can do it for them.

     

    AS A PARTING MESSAGE, WHAT WOULD BE YOUR ADVICE TO OUR READERS, ESPECIALLY ASPIRING AND YOUNG LAWYERS?

    I am still learning myself so I will only speak from my short experience so far.

    Firstly, learn to enjoy what you do and have fun. If you are passionate about what you do, then no one can stop you from achieving your goals.

    Secondly be a thorough professional. Learn to prioritise and manage your time early in your career. Be punctual. Do not compromise on your values. If you promise to deliver within a time to an internal customer/client, then make sure you deliver within that time. You can either create your image or ruin it.

    Thirdly, be humble. Be willing to learn and unlearn. Be willing to listen and observe to learn new things as opportunity lurks everywhere. Be willing to ask when you do not know. Be willing to pass on knowledge to those to seek.

    My advice to budding lawyers who want to make their career as in-house counsels is to first start their career by practicing law and then maybe spend some time in law firms before actually shifting to an in-house role. Of course financial stability could be an issue in the beginning but then it’s an investment which will surely give your benefits in the long run. In a corporate world you have to deal with everything. Hence, overall knowledge in every aspect is a quintessential requirement.

     

  • Akshata Srinath, Associate (Foreign Lawyer), Dacheng Wong Alliance LLP, Singapore on Dual LL.M and work experience

    Akshata Srinath, Associate (Foreign Lawyer), Dacheng Wong Alliance LLP, Singapore on Dual LL.M and work experience

    Akshata Srinath graduated from Christ College, Bangalore University in 2011 and subsequently did a dual LL.M. course from New York University of Law (NYU) and National University of Singapore (NUS) in 2014. After having interned at several top legal firms of India, editing a journal at NUS and winning the Dean’s Award in her Master’s programme, Akshata is today working at the Dacheng Wong Alliance LLP, Singapore as an Associate (Foreign Lawyer).

    In this interview, she tells our readers about:

    • The importance of certificate and diploma courses for a law student
    • Her experience of successfully applying for a foreign master’s degree and getting the Dean’s Award at NYU-NUS
    • Working and writing for journals
    • Difference between the work culture in Singapore and India
    • Her views on entry of foreign law firms in India

     

    What was your motivation to study law? How did you come to choose Christ Law College for your law degree?

    I went through a lot of career seminars in secondary school to decide on what I really wanted to take up afterwards. Law seemed to be interesting and different. I attended few workshops for career counselling and realized law is not only about litigation (for me back then law meant going to the courts or being a judge), it showed me the corporate culture, NGO/pro bono work, legal editing work. Also at that time, my father was with ITDC Vigyan Bhawan where till date there are numerous events relating to different areas of law taking place. So he used to bring home materials, information and other details for me to read and therefore I was sure that I really wanted to pursue law as my career.

    Christ College Law was under Bangalore University at the time I joined. I did get in to a law school in Delhi, but going to Christ felt like coming out of my comfort zone which I still believe was a right decision. The campus is beautiful and a few friends who were already studying in Christ College, but in different departments, helped me take the decision. During my admission process, I also spoke to a faculty members which added to my motivation to choose Christ.

     

    You have interned with most of the top law firms in India. How did you go about securing internships at these firms? How was your experience with them?

    I have been lucky to have secured internships with some of the top law firms in India. I applied to the HR of the law firms, dropped reminder mails and few phone call follow ups to get the internships. My experience at every firm was different. I have interned with JSA in Bangalore and Gurgaon and was surprised to see how different the same law firm in different cities is. In Bangalore, the partner would directly come and give me work. I would be surrounded with lawyers so interaction level was surely high. But in Gurgaon office I found it impossible to reach the partner, because the number of lawyers was so much that you become less noticeable.

    I have always been given quality work, which involved drafting of few agreements and research work. I have made presentations for lawyers and attended few client meetings. I was given a good practical experience on how work is done in a law firm.

     

    Are there any extra-curricular activities you participated in during your 5 years at Christ?

    I did a couple of national and international moots but soon realized mooting wasn’t a good idea for me. I ended up taking part in parliamentary debates, Mock UN, presented papers in conferences and took part in national negotiation rounds. I have few publications in national and international journals. I also did some volunteering and legal aid work.

     

    Could you please describe to our readers the various Certificate and Diploma courses you studied, and the benefit you got out of them?

    I started doing certificate and diploma courses from my second year. I did diploma courses in corporate law and law of corporate mergers and acquisitions and certificate courses in dispute management and IP rights. I also attended the summer programme in international law by the Indian Society of International Law.

    Bangalore University law course is structured in such a way that we only get to read law subjects from the third year. So by doing these extra courses, you are clearer on a particular area of law. There is always a benefit in doing something extra. In my case, it helped me in bridging gaps in my knowledge. I knew a little more when I was making notes on research given to me in my internship. The extra knowledge also helped me in writing papers for publication, and a competitive edge. And lastly, resume for a fourth year or final year student looks good with extra courses.

     

    How did you secure a job upon graduation? What was the work profile like?

    (Upon graduation, Akshata joined as an Associate at the offices of KSB Partners)

    I applied to various law firms for job interviews and KSB Partners gave me this chance to work and grow with them. The work profile of KSB Partners was interesting. We did project finance and mergers & acquisition related work involving mostly drafting of agreements and preparation of due diligence reports including doing some research and giving legal opinions on the same. I couldn’t have asked for a better place to start working in the industry. This was because the areas of law were interesting and the Partners surely knew how to guide you through a particular task. I was fortunate to work with all the three Partners and receive knowledge and certain tricks from each of them.

     

    When and how did you decide to get a Master’s degree?

    I wanted to do Master’s but wasn’t sure when and how to go about it. One of my friends was applying to an architecture course in NUS for the year 2013-14 which made me think about Master’s. Also, I knew few friends who had been to NUS law so after getting information from them, checking few more details online, I discussed it with my parents and applied. I applied only to two law schools, one being NUS and the other being NYU Singapore.

     

    Can you please tell us about your experience applying for your Master’s degree? Do you believe it is more difficult for non-NLU students to get through into foreign universities?

    (Akshata pursued a dual LL.M. from NYU and NUS)

    Applying to NYU was a last moment idea and a hope that turned into reality. While researching for NUS Law School I did come across this unique course that seemed really fascinating. Submitting a statement of purpose was not required for NUS but in NYU they require SOP plus other documents like an essay for scholarship, a write up of experiences that you want to share with the admission committee, IELTS and TOEFL exams and the like. It was the most tedious fifteen days because I had to come up with a lot of documents. My parents played a huge role in this by reading every single document I was preparing for admissions. I asked few of my friends to read my SOP and I remember submitting the revised SOP no. 15 to the admissions committee.

    I don’t believe it is difficult to get into foreign universities for a non-NLU student. I have classmates, friends and juniors who are from non-NLU colleges but made it to elite institutions, some with scholarships. When it comes down to how to go about applying for universities, I believe it’s all up to how much you can open up to the admissions committee and how well you have spread your ideas in that one paged word document. As a very good friend and mentor for this process told me, “I don’t want to know what it is already there in your resume. I want to know what is beyond it, which is in your mind.”

     

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    Please describe to our readers the experience of studying at both these elite institutions.

    It was a great experience studying in both NYU and NUS. Our term started in May, so the first three months were purely for NYU subjects. The NYU faculties fly in to Singapore and the subjects we choose are taught for two or three weeks depending on their credit. It is a little intensive since the subjects are studied over these weeks without any break for three hours every day. In NUS, apart from the intensive subjects which follow the same pattern as those of the NYU, each course you choose is taught once a week for three hours. So the NUS way was a bit more relaxed.

    However, irrespective of the Universities, we have spent nights in the study room preparing for classes next day or finalizing papers for submission. I have been part of a week-long group paper submission, a 24 hour typed out exam, paper submissions, presentations, three hour exams, and even practical exams. I really learnt time management, prioritizing work and understanding how much was my capacity. Apart from studying, NYU and NUS celebrate certain festivals and occasions and arrange for guest lectures and alumni gatherings. Having classmates from all over the world helps you to develop personally, increases your patience and gives you lots of memories. In a nutshell, it was a great year of learning in every way.

     

    You have the experience of editing and writing for law journals. Please share your experience with our readers.

    (Akshata was the Student Editor at the Singapore Law Review)

    The Singapore Law Review (SLR) is managed exclusively by the students from the Law Faculty of the National University of Singapore. They have a two-step selection process which involves filling up of an application form along with submitting any article you have written. After being shortlisted they would call you for an interview. Being part of SLR mainly involved editing articles submitted by peers and also contributing write ups for their monthly newsletter. In India, I had never been part of an editorial board, I was always the one writing and submitting to the board. Therefore I can’t draw comparisons. However, it is more strenuous work than writing an article. Understanding and dividing the content of the paper as descriptive or analytic, grammar issues and citing concerns (most of us know them by the name of ‘bluebooking’), takes time and involves the need to understand what the writer has tried to convey through his paper.

     

    How valuable do you think the Master’s degree has been for you? How do you think it has added to you professionally and personally?

    Master’s has definitely been valuable for me. The whole experience changes your way to perceive and understand how a particular idea or in our case how a law works. Professionally I wanted to develop my career and my interest in corporate law, especially M&A, and this made me do my master’s.

    Master’s helped me to channelize the area that I wanted to expertise in. For me both my master’s degrees have indeed increased my knowledge, professional skills and even perhaps boosted my confidence. I gained a clearer insight into how the law firm industry works in Singapore, and through meetings with alumni I created invaluable contacts with some key people. You always end up learning something or the other from the university alumni meetings. Personally, I have made a lot of friends and learnt about various different cultures. It has changed my acuity and the way I look at things now is more logical and with a wider perspective.

     

    How did you go about achieving the feat of being awarded the NYU-NUS Dean’s Award?

    While preparing the documents for application, we had an option to apply for the scholarship as well by writing a scholarship essay. The NYU@NUS Dean’s Award is a merit-based award given to students who have demonstrated significant academic promise and/or achievement in their respective fields. With my offer letter, it was informed to me that I have been given the Dean’s Award. I am not in the position to explain how I was given this award, however, I believe with good scores one really needs to be involved in other co-curricular and extra-curricular activities. Whatever you do in the five years of law school definitely helps at a later stage.

     

    How did you join a reputed foreign law firm after your Master’s course?

    (Upon completing LL.M, Akshata joined Dacheng Wong Alliance LLP as an Associate [Foreign Lawyer]).

    I interned with Dacheng Wong Alliance LLP in the winter break. I continued doing some research work for the firm during my second semester with NUS. Due to my course structure, I had only three subjects that semester. This gave me enough time to continue with that work. And before the course got over, I was offered an opportunity to join DCWA. I now work for the South Asia practice of the firm.

     

    What is an average day like at a multi-national law firm like Dacheng Wong? Is work-life balance a problem?

    An average day in DCWA is involves attending to clients from Singapore and China and preparing draft agreements for ongoing transactions. Since Singapore is ahead of India in time, by afternoon after lunch, we need to cater to the Indian Clients. Most of the work is preparing agreements and providing legal opinion under Indian Law. Work-life balance is really not that difficult to maintain. The firm works on priority basis. So we try finishing most of our work during office hours, but if required, work has to be completed over the weekends.

     

    Do you believe that a Master’s is a must for lawyers seeking international exposure, and joining a foreign law firm?

    It is definitely one of the ways to seek international exposure but not the only way. For joining a foreign law firm, students in their final year can apply to foreign law firms under the training contract. However, to seek an international exposure study wise, doing master’s allows you to meet a variety of people, develop your understanding from a different view and gives you a wholesome development.

     

    How different is the work culture in Singapore from India? Are law firms in Singapore better managed?

    Work culture in both the countries is similar to each other. The difference is the fact that Singapore is open to international firms so this raises the bar for performance because of which there is a competition for giving out best results. Singapore also gives a wider scope in terms of involving a lawyer in laws related to other countries. I have myself been part of teams that work with the laws of most of the Asian countries apart from the laws of India.

    In Singapore, people are of different ethnicities, we not only dealing with Chinese clients, but also Malays and Indians along with Europeans and Americans. So work ethics differ from person to person. A person is expected to keep himself/herself updated. However, when it comes down to working, the 9 to 6 work hours are really not followed, which is something similar to the working style in India.

    Although international and domestic firms are organized and efficient in their deliveries and performances, the international law firms are better managed than the domestic firms in Singapore and India, since the headquarter is in a different country and managing the law firm worldwide needs specific staff with the right qualification. So the entire process becomes more crucial and highly scrutinized.

     

    What is your view on the entry of foreign law firms in India?

    Entry of foreign law firms in India is more of a tricky situation. I personally think it might be a loss for an Indian firm if a foreign law firm enters into the Indian market i.e. the foreign law firm is allowed to practice Indian law. There might be issues that established law firms in India could face starting with work culture. There is a basic difference on how transactions are handled in India as compared to other countries. I did find a difference in the training provided to me in India and the training I was given while working in Singapore. However, this is just my point of view. There might be a possibility that the foreign law firms actually help in the growth of the industry if they work together with the local firms.

     

    Would you have any parting words of encouragement for our readers who would like to follow your footsteps?

    My mom was the biggest inspiration during my testing times. She said one thing that I would like to share, “work hard for these five years, and then enjoy your remaining years.”

    Just do what you feel is correct. Explore your five years in a way that you don’t regret not trying any extra-curricular or co-curricular activities. One can utilize every semester break to intern, to do summer courses. Surprisingly, now I feel five years is less of a time to understand and achieve things. Law school is tough, it’s competitive but it is not impossible to utilize the time spent in law school successfully. It’s been a few years since I graduated from Christ College and now when I look back, I know I have come a long way. And the pain was all worth it.

     

     

    This interview was taken by: Amish Aggarwala, Advocate, Delhi High Court