Congratulations on your new role as a partner at MRP Advisory. Could you share some insights into your journey from Law School to becoming a dual-qualified legal professional? What inspired you to pursue Indian and UK qualifications, and how will these qualifications enhance your role at MRP Advisory?
My journey into law began unexpectedly from a science background, where I initially aimed to become an engineer. However, my need for intellectual challenge and a sense of justice led me to law. The pursuit of both Indian and UK qualifications was driven by a desire to gain a comprehensive understanding of global legal systems and to enhance my ability to handle complex cross-border disputes. These qualifications not only broaden my legal perspective but also allow me to offer nuanced advice that bridges different legal systems of law and cultures. At MRP Advisory, this dual qualification will enable me to better serve our domestic clients in contracts with foreign substantive law and international clients, ensuring expert navigation of diverse legal challenges with a well-rounded approach.
With over a decade of experience in commercial litigation and arbitration, what motivated you to join MRP Advisory at this point in your career? How do you anticipate the firm’s focus and resources will impact your work in the arbitration landscape, both in India and internationally?
Joining MRP Advisory is an exciting new chapter in my career, motivated by the firm’s reputation for innovation and its robust approach to construction and infrastructure disputes. The firm’s emphasis on leveraging cutting-edge resources and its commitment to a global perspective align perfectly with my background in domestic and international arbitration. At MRP Advisory, I anticipate that our collective expertise and resources will enhance our ability to tackle complex arbitration disputes and further strengthen our position in both the Indian and international arbitration arenas.
Given your extensive experience representing clients before both national and international arbitration tribunals, how do you plan to leverage this expertise in your new role at MRP Advisory? Are there specific strategies you intend to employ when handling disputes in different arbitration forums, such as ad-hoc versus institutional arbitration?
In my new role at MRP Advisory, I plan to leverage my experience by adopting a tailored approach to different arbitration forums. For ad-hoc arbitration, I will focus on flexibility and adaptability, ensuring that our strategies align with the specific needs of each case. For institutional arbitration, my approach will emphasize utilizing the established rules and procedures to streamline the process and enhance efficiency. By combining these strategies, I aim to deliver effective resolutions and uphold the firm’s high standards in both national and international disputes.
Your profile highlights significant expertise in FIDIC contracts. How do you see your knowledge in this area contributing to MRP Advisory’s practice, especially in the context of construction law and dispute resolution?
I believe that my expertise in FIDIC contracts will significantly contribute to MRP Advisory’s construction law practice by providing deep insights into the complexities of international construction agreements. FIDIC contracts, with their intricate clauses and global usage, often present unique challenges in dispute resolution. I hope that my knowledge will help the firm navigate these complexities, ensuring that we offer precise and informed advice. This expertise will be integral in managing construction disputes effectively, enhancing our ability to represent clients in both contract management, contractual negotiations and dispute resolution processes.
Having served as an arbitrator and mediator at various organizations, including the Court of Arbitration for Art and Sama, how will these experiences influence your approach to mediation and arbitration in your new role? What key factors do you believe will contribute to successful outcomes at MRP Advisory, and how will you ensure impartiality and fairness?
My experiences as an arbitrator and mediator have provided me with a nuanced understanding of the arbitration process and the importance of impartiality. In my new role I hope that these experiences will guide my approach to mediation and arbitration, ensuring that I apply best practices and maintain fairness throughout. Key factors for successful outcomes include a thorough grasp of the subject matter, effective communication, and a commitment to neutrality. I will continue to uphold these principles by carefully balancing the interests of all parties and applying a detailed and reasoned approach to each case.
You were honored with the “Pioneering Women Leadership Award.” What challenges have you faced as a woman in the legal field, and how have these experiences shaped your approach to leadership and mentorship at your new firm?
The “Pioneering Women Leadership Award” is a testament to the challenges I’ve faced and overcome as a woman in law. I plan to continue to foster a culture of inclusivity and mentorship.
Considering your extensive background in arbitration and mediation, What trends or factors do you believe will drive this shift, and how will the firm position itself in this evolving landscape?
Yes, the increasing complexity of disputes and the desire for more efficient, cost-effective resolution methods are driving this shift. ADR, particularly arbitration and mediation, offers flexible solutions that can accommodate the needs of modern businesses. We are well-positioned to leverage these trends by continuing to enhance our ADR capabilities and adopting innovative approaches to meet the evolving needs of our clients.
Outside of your legal career, what hobbies or activities do you pursue to unwind and stay balanced? How do these personal interests contribute to your overall professional life, and do they influence your approach to your new role at MRP Advisory?
To maintain balance, I believe it is important to engage in mindfulness practices, exercise, and creative activities such as painting. These activities can help manage stress and maintain a clear, focused mind. This in turn contributes to effectiveness in handling complex legal matters. Creative pursuits offer a valuable outlet for relaxation and creative thinking, which enhances overall problem-solving abilities.
A very warm welcome to everyone! The SuperLawyers team is back with another enriching and informative session. Today, we are thrilled to introduce our guest, Mr. Avinash B. Amarnath. Thank you so much for accepting our invitation. Avinash sir is currently a Partner in the Competition and Disputes team at Chandhiok & Mahajan Advocates and Solicitors. He leads the firm’s Hyderabad office and South India disputes practice, specializing in advising clients on complex competition law and dispute matters.
A very warm welcome from the entire SuperLawyers team.
Thank you. It’s a pleasure to be here.
Sir, after a decade of commendable excellence in the legal profession, could you share with us why you chose law? Was it a calling, or a conscious decision from the start?
For me, law has always been part of the family. My father is a practicing lawyer, and my mother, though not a practicing lawyer, is a law graduate. However, law was never imposed on me—I had the freedom to choose. I would say it was a conscious decision. Honestly, I chose law almost by a process of elimination. I didn’t want to pursue science, and I had a choice between commerce and law. Law seemed intriguing, especially because I had an interest in humanities during school. I felt that studying law would allow me to explore subjects like political science, which is why I chose it.
That was concise and insightful. Moving on, you’ve been working in the corporate sector for years now. What keeps you going in this environment? Do you have any particular routine or professional discipline that you follow?
So, I think the first thing I would say is that the routine that works for me may not work for everyone. My first piece of general advice is that everyone has to find their own routine. However, a few tips I’ve noticed that generally help include sleeping early, waking up early, and avoiding screen time.
You’ll find that you actually have a lot more time in the day than you think, especially if you follow these guidelines. It’s also very important, particularly in this stressful corporate culture, to prioritize your family and yourself.
One of the best pieces of advice I received as a young lawyer was from someone who used to run a law firm. This advice has stuck with me for a long time, and I try to follow it: no matter how much work you have or how tight the deadlines, always dedicate three to four hours to the following things:
Spending time with your family.
Engaging in physical exercise.
Pursuing any personal hobbies.
Guard this time scrupulously and strictly. This is what I try to follow to maintain discipline. Of course, the most important thing in this is that, the corporate culture demands flexibility.
So, while this is a routine, it often gets broken, and you have to be innovative. For example, I travel a lot, and when I do, some of this strict routine gets disrupted. But you have to be innovative and find alternatives.
If I’ve been traveling too much, I make sure to completely reserve that weekend for my family. Even when I’m traveling, I try to fit in quick 10 to 15-minute exercises in the morning. This is something I’ve realized over time. It took me 10 years to figure out this routine, so it will take time. As I mentioned at the beginning, this works for me; it may not work for someone else. The idea is to find your own routine and what makes you tick.
Thank you, sir. I’m sure we all recognize the importance of limiting screen time and balancing various aspects of life, especially in such a high-pressure environment. This wisdom is particularly valuable for those of us just starting out. Let’s move on to our next question: Dispute resolution involves a lot of strategizing and planning. How did you develop your flair in this area, and how much do you enjoy it?
Absolutely. I was fortunate to have very good mentors and guides when I started in the profession. The most important thing in litigation, especially in strategizing and planning, is paying attention to detail. One of the first things I was told very early on is to read the entire file—whatever it is, even if it’s a small transfer petition matter.
Even if the matter is just getting adjourned, I was still told to read the file as thoroughly as possible, front to back. This habit, ingrained in me from the beginning, made me realize that sometimes, the more you read and reread, new things come to light that you wouldn’t have noticed before.
This attention to detail really helps in planning and strategizing. When a client first approaches you, they provide a broad perspective, often their own, which may not be reflected in the documents. So limiting yourself to just what the client says isn’t sufficient. You need to verify their perspective by examining the documents. As I mentioned, the devil is in the details.
This practice slowly developed my flair for this work. The more I read, the more confident I became with the case, and the better I could strategize. It’s a process of evolution, right? As a young lawyer, your role is often limited to knowing the facts well. If you have a strategy, great, but usually, you’re expected to have a solid understanding of the facts, along with thorough legal research.
As you grow older in the profession, you start engaging in actual strategizing. It’s like a game of chess—you make a move and see how it plays out. Sometimes it works, sometimes it doesn’t. When it doesn’t, you go back, regroup, and try a new move. It’s a constant game of chess, and I enjoy that.
Strategizing and planning, especially in litigation, is like sports. It’s not always going to be a perfect victory on the first try. There will be setbacks, but what’s important is to focus on the long-term goal—for both the client and yourself—and work towards that in the best way possible. You may lose some small battles, but the idea is to win the war, not every single battle. That’s how I approach and enjoy it.
You have been involved in a lot of high-profile cases. That has received media attention. And we all know how media attention can turn both ways. It can celebrate you one day. It can suddenly criticize you unnecessarily the other day. How do you keep calm in these specific high-profile matters where really high stakes are involved?
I think I’ve been a bit fortunate because I haven’t had to face intense media pressure directly. However, there were instances where difficult questions were asked, and I received calls from media houses seeking comments on a very contentious case. In such situations, we were strictly instructed by the client not to make any comments.
Generally, in cases, I always try to focus solely on the case itself and block out any external noise, as I call it—whatever is happening outside. I believe that in high-profile cases, it’s even more important to understand that your role is limited to being a lawyer in that case and not to worry about the repercussions or consequences. Your job is to provide the best strategy, whether it’s a defense or prosecution, and offer the best advice to your client. The outcome is not in your hands, nor is what people make of it or think about it. You have to let it go. In one word, you need to develop a thick skin and ignore what the media is saying.
Moving on to the next question, your academic excellence at King’s College is truly commendable. As someone who has studied both in India and abroad, how was your law school experience different there compared to India?
I should start by saying that my law school experience was 10 years ago, so I’m sure things have changed in India since then. However, back then, my experience in India was that law education was still heavily focused on rote learning and less on application. When I studied abroad, that was the biggest difference I noticed.
The way classes were conducted there was different. Typically, in India, you come to class, open the book, and learn the concept then and there. But there, the structure was different—you were given a set of reading material before class, and you were expected to read it on your own. This might also be because it was a master’s course, so there was an assumption that most people already had a basic understanding of the law. Still, I really liked that system. You do your reading at home, and when you come to class, you’re taking the discussion to the next level. You’re applying the knowledge you’ve already gained to difficult questions or discussing specific, controversial, or complex topics in more detail.
Even the exams were different. The questions were mostly problem-based, requiring you to apply what you’ve learned and provide solutions, rather than just reproducing information. This was a significant difference for me. Another major difference was the encouragement from the faculty to have and express opinions. They would encourage students to form their own opinions and make it clear that there is no right or wrong answer, as long as you can back it up with solid logic. They might challenge your logic if they disagreed, but if you could defend your position, they respected that. This openness and application-based learning were aspects I truly enjoyed at King’s College.
That was very interesting. I’m sure law schools in India are also starting to embrace these changes, though we still have a long way to go in fully adopting application-based learning. How did this experience shape your legal perceptions once you returned to India and began practicing?
To be honest, it was partly that education, but also working with some lawyers here who were educated abroad, that really changed my entire perspective on law.
In most subjects in India, let me take law or even medicine as an example—you’re often considered a good doctor if you can quickly prescribe the right treatment. Similarly, the expectation for lawyers in India is that you should know every section and answer legal problems on the spot, complete with section numbers and details. However, I realized that’s not what practicing law is really about, nor is it what makes a good lawyer.
It’s impractical for a lawyer to know every single law by heart, especially given the vast range of knowledge required. What’s important, and what changed my perspective, is knowing how to read and interpret the law. When presented with a problem, you should be able to identify the relevant subject, pick up the relevant law—perhaps one you’ve never read before—and immediately apply yourself to it. You should be able to analyze the law and argue points based on the definitions and sections. The focus should not be on merely retaining knowledge, but on how to use that knowledge effectively and strategize.
So, in that sense, my approach to practicing law changed completely. I no longer stress about remembering every detail; instead, I focus on how to strategize and apply the knowledge that’s available in front of me.
How to read the law is such an application-based concept, which we should all imbibe no matter whether or not our colleges and our educational setups are telling that. We can definitely make it a practice. Thank you so much, sir.
Talking on these lines, sir, how do you balance this personal life with professional commitments, any hobbies or any passion, or interests, that keeps you lively?
As I mentioned earlier, I think it’s important to revisit the discipline points we discussed because maintaining those habits helps me balance professional and personal life. I want to touch on hobbies, but something else just came to mind. When you’re at work and you get a call from home, you might answer, but usually, even if you do, you say, “I’ll call you back, I’m at work.” I believe the key is to give that same level of importance when you’re at home, spending time with family, or doing something personal. There will be emergencies, and sometimes you genuinely need to take a call and work, and I completely understand that. However, more often than not, if someone calls you, even if it’s from work or a client, you can tell them, “I’ll call you back.” It’s important to give the same respect to your personal time as you do to your work time. If someone calls you while you’re with your family, it’s okay to tell them, “I’ll call you back in a bit.”
Now, regarding hobbies, I’ve always been a sports fan, particularly passionate about cricket, especially test cricket. When I’m not working, I’m usually either following cricket, trying to play wherever I can, or discussing it with everyone I know. One of the things I love about sports is how it parallels what we do as lawyers, especially in court. It’s like a game of chess, similar to sports where you constantly see strategies and counter-strategies. I find that very appealing, so I try to follow and play sports as much as possible.
Moving on, how would you compare the corporate work culture in law firms versus the litigation culture in chambers? If you had to choose between the two, which would you prefer based on your experience? Could you elaborate on that?
Sure. Both have their pros and cons, and I’ll explain my preference based on my personal reasons. I found litigation chamber work more appealing, but I think the ideal scenario is to combine the best aspects of both, which I see happening, especially in our firm.
In corporate work culture, one of the pros is that you are more directly in touch with the client, which gives you a very different understanding. In corporate and commercial law, there’s a legal position and a commercial reality. For a client, especially a company or a business, the end goal is that commercial reality—whether they’re trying to make or save money or achieve some other goal. The legal position may not always support that goal, so the challenge is to find an alternative or a middle path that satisfies that goal while staying within the confines of the law. In pure litigation chambers, responses can be more black-and-white: “This can be done, this cannot be done.” But in a corporate law firm, you develop the art of finding solutions, saying, “This strictly cannot be done, but we can explore this alternative.” That’s crucial as a commercial lawyer—you have to be solution-oriented, not just give yes or no answers.
Another advantage of law firms is that you get more time to work on a particular case. In litigation chambers, files often come to you the day before a hearing, leaving you little time to fully understand the case. In a law firm, you might work on the same case for two to three months, allowing you to interact with the client, get all the necessary clarifications, and build a strong strategy.
On the downside, one con of law firms, and this varies, is that sometimes there’s too much focus on presentation—form over substance. A document might look very polished, but if the substance isn’t strong, it shouldn’t pass the test. Another con is the lack of court time—you don’t get to go to court every day, maybe once a week or a few times a month.
In litigation chambers, the focus is primarily on the substance because you don’t have time to worry about presentation. The emphasis is on points of law, developing legal arguments, and finding and interpreting judgments. In a litigation chamber, you’re expected to read judgments thoroughly, knowing both the points that favor you and those that don’t. Plus, being in court every day is a significant advantage.
However, a con of litigation chambers is the lack of time to fully apply yourself to a file, as you would in a law firm.
At Chandhiok & Mahajan, especially within the disputes team, we’re trying to combine the best of both worlds. We don’t just recommend briefing senior counsel for every matter; we’re happy to argue cases ourselves, which gives us the litigation chamber experience while also benefiting from the client interaction typical of a law firm. We try to push for this as much as possible, although it’s ultimately the client’s preference.
So, to sum up my long-winded answer, I would say that combining the best of both worlds would be my ideal scenario.
Thank you, sir. Talking about work and everything, first of all, since you have been involved with dispute resolution and you so beautifully summarize the entire strategizing process as a game of chess, how do you think the new ADR mechanisms, such as the mediation bill, will impact India’s ADR structure in the coming years?
I think we’ve all realized that with arbitration, certain mistakes were made as a system, which is why it hasn’t worked the way people had hoped. The main issues were delays and court interference. If we don’t repeat those mistakes with mediation, I believe it could be very effective—perhaps even more so than arbitration. The reason is that mediation is fundamentally based on the consent of the parties. In arbitration, you consent to having a decision made by someone outside the court, but in mediation, you consent to the substance of the settlement itself. This significantly reduces the scope for court interference.
I think we’ve got a great opportunity now, and rightly so, the government is pushing mediation as a preferred form of ADR. However, we must be cautious and learn from our past mistakes. Firstly, we need to minimize court interference. Secondly, it all comes down to the will of the parties involved. Sometimes, as litigation lawyers, we see ADR as just another method to delay things. Everyone might agree to mediation, but they might not take it seriously. The mindset often is, “Okay, it will go into mediation and take another six months.” If that’s the approach, it won’t work.
So, perhaps some level of court interference could help. Currently, once a case enters mediation, courts are very hands-off, and extensions are given when requested. I think courts should perhaps ask for interim reports on how the mediation is progressing. If the court feels it’s not working out, it might be better to pull out of mediation rather than prolong an unnecessary process.
I genuinely hope mediation works, but it will come down to addressing these challenges and the will of the parties involved.
Understood, sir. You’ve highlighted several important aspects, and it’s crucial to exercise caution as we move forward with the mediation bill and act, as you mentioned, to avoid repeating the same mistakes and to hope for a better structure. Sir, this next question is from young lawyers and law aspirants who are in the early stages of their careers. As someone who has emphasized the importance of strategizing, what advice would you give to those who are struggling to find a strategy in the initial phase of their legal careers?
I would say, keep it simple. Sometimes, people tend to project law as more complicated than it really is. So the first thing I would say is, don’t worry—it’s not rocket science. I often tell my colleagues that people who work in science and innovation require a much more complex skill set. Law, at its core, is a social science; it’s human-related.
One of the key aspects to understand is that it’s a lot about psychological insight, especially for litigation lawyers. Of course, you need to know the substance of your matter, but it’s equally important to understand who you’re talking to and where they are coming from—not just the judge, but also your client. This is something we focus on extensively in our sessions. One of the most important things to remember is that the client is ultimately a human being with certain considerations. Understanding what the client wants and the pressures they are under can make things a lot easier.
The only other piece of advice I would offer is that young lawyers today are much more aware of their rights, which is a very good thing. They demand work-life balance, recognizing it as a right rather than a luxury, and they are comfortable with technology, which makes them efficient. However, I would advise them to occasionally go back to being old school. With technology, you might miss out on important details, and those details are crucial. So, use technology to your advantage, but don’t forget the importance of manually double-checking and thoroughly reading every document. It’s sometimes good to be old-fashioned in this regard.
If you’re feeling confused about your career path, I’d say there are many opportunities in law now, so don’t be afraid to try different things. Coming out of law school, it’s impossible to be clear about what you want to do because you don’t get enough exposure. Internships can help, but they don’t provide the full picture. So, try out different things—corporate law, litigation, clerking, media reporting—everything. Don’t think it’s too late to make changes. There’s plenty of time to find your niche.
Sir, the way you’ve elaborated on this point, particularly the notion that coming out of law school doesn’t always equip you with the decision-making skills needed to know exactly what you want to do, is a relief to many of us who are just starting out in our careers. We also appreciate the emphasis you’ve placed on planning and the balance you’ve achieved at your firm. So, what are your long-term plans in terms of your personal trajectory in this profession, as well as your plans for your firm?
I was working in Delhi until two years ago, and most of my career has been based there. For both professional and personal reasons, I saw a unique opportunity to come to Hyderabad and set up an office. I believe Hyderabad has a lot of untapped potential, and the proposition we’re building here is unique. We’re aiming to run an entire South India disputes practice out of Hyderabad.
We faced several challenges initially, especially when virtual hearings weren’t common, as travel could be quite a problem. But thanks to the initiatives taken by the current Chief Justice of India, high courts are now hybrid, which really helps us manage matters. For district courts, we sometimes have to rely on local counsel, but overall, it’s a very unique proposition, and I’m enjoying the roles we’re building here.
My immediate goal is to continue developing this practice into what we envisioned—a comprehensive South India disputes practice. In the long term, I plan to continue in litigation, with a particular focus on competition law. I don’t see myself leaving competition law, as it’s a specialization I consciously chose early in my career. Eventually, I hope to argue more matters in court and continue doing interesting work.
Your insights have been amazing today. Once again, thank you so much from the entire team of LawSikho and SuperLawyers. We are sure that with the wealth of practical experience and tips, which you have given us today, we have benefited all the young ones.
Looking back, what ignited your passion for law? Can you walk us through your journey, from those early inspirations to the defining moments that led you from ICICI Bank to your current leadership role at Avery Dennison?
When I finished school, the options seemed to be either medicine or engineering, but neither appealed to me as such. As a first generation lawyer, I didn’t know much about anything to do with law, except being intrigued by the popular image of them as fiery eloquent champions of justice. It started out mostly as wanting to build a career while doing the right thing, being able to stay connected with my long-term fascination with logical reasoning & puzzles to solve problems, and also perhaps from watching too many Bengali courtroom dramas!
In hindsight, joining ICICI Limited was a great decision because it helped me build a solid foundation in financial transactions and accounting principles – which are the bread and butter basics for a corporate lawyer. It helped that ICICI Limited at the time used to do most of its work in-house, so we got a lot of practice in drafting & reviewing complex contracts and working with (very talented) cross-functional teams.
Over the years, I have had a lot of mentors and I would not have been here without the guidance and advice received. I have worked at a couple of law firms, Cisco, United Spirits Ltd and Avery Dennison, and what shaped my path was an abiding desire to excel, to do challenging work without being afraid to put in the hours needed and to go the extra mile to enable/ support the business teams.
You worked for a while with Morgan Walker Solicitors in London. How was your experience working there, and what brought you back to India? Can you share the transition part of your career and how it influenced your professional growth?
Before joining Morgan Walker Solicitors, I was able to complete the Qualified Lawyer Transfer Test(QLTT) and successfully qualify as a Solicitor in England & Wales. MWS was a deeply useful addition to my UK stint, as I was exposed to complex transactional contracts and the more strategic advice needed for cross-border transactions.
I returned to India for personal reasons but am grateful for the years I worked in the UK, because it broadened my perspective significantly, exposing me to a different culture and way of doing things that I integrated into my own approach to the profession.
As the Executive Sponsor for certain APAC DEI Council initiatives, what initiatives have you implemented to promote diversity and inclusion? How do these initiatives contribute to the overall success and culture of the organization?
The three main areas I have focussed on in the past four or five years in the APAC DEI Council are the Safe to Speak Up initiatives, setting up an employee resource group (WeRise) separately for women employees in South Asia distinct from the APAC group and starting a need-based mentoring program in the region. I think we have a long long way to go where DEI is concerned. Yes, the number of diverse employees is increasing and the talent acquisition team is working to balance the playing field at the entry level, but the problems of unconscious bias and years of patriarchy are tough to root out.
The initiatives I have chosen to work address three important aspects – providing a platform to raise concerns, bringing women together to support each other and trying to provide advice/ guidance on specific areas identified by employees themselves.
DEI is something I am deeply passionate about, and I try to stay involved even when there is little bandwidth available. I feel that as a woman leader I should do whatever I can to make things easier for those who have (or will) come after me. Manufacturing is still such a male dominated industry, that women on the shop floor and in leadership roles are limited. The benefits of diversity are too obvious to ignore. But we have to move from mentorship to sponsorship, from silent supporters to active allies, from the safety of status quo to active challenging, from tokenism to owning the outcome.
You have advised on legislation related to plastic waste management and are involved in sustainability and governance. How do you balance corporate interests with regulatory compliance and environmental responsibilities?
Both go hand in hand, specifically to meet the de facto and potentially to surpass the law de jure. At Avery Dennison, we strive to ensure a much higher standard than what legislation prescribes, ensuring that sustainability is upfront and centre of all our products and solutions. While I will not deny there are operational challenges, if the value-add is clearly captured and (if possible) quantified, in my experience there is complete support from the business leadership.
Among your many achievements, you’ve been awarded the Global Leadership Excellence Award multiple times. Which project or initiative are you most proud of and why?
I have been awarded the Global Leadership Excellence Award four times and I am most proud of the one I received for designing and setting up the Compliance Ambassador Program globally across the company. This program invites participation at the ground level (including the shop floor) from colleagues in a structured program format to help broadbase compliance initiates and messaging, to ensure that we involve every person in building a robust compliance culture in the company.
We know to focus on the tone-at -the-top, but it is when the tone-across-the-organisation is in sync with the tone-at-the-top that we can truly change culture and make integrity our true North. I have been amazed and humbled by the talent and motivation of colleagues in finding innovative ways to communicate and engage with all employees on compliance issues and messaging.
You’ve held leadership positions across India, the UK, and other regions. What are some key differences in navigating legal landscapes across these diverse markets?
In my current role as Senior Director – Legal for South Asia I support all business divisions of Avery Dennison across India, Bangladesh, Pakistan, Sri Lanka, Indonesia, Malaysia, South Africa and Kenya. While having a wide portfolio is great, it also means a lot more homework, especially when there is a different official language & business culture at play and multiple P&Ls in a matrixed structure. I think there are two critical but oft-ignored components to success as a business partner – familiarity with the legislation, precedents, practices and the ability to find the most suitable support needed for more complex matters.
Since we also play an active role in government relations, there is a need to be agile, on the ground and to build key relationships with multiple external stakeholders. Managing crisis and business continuity remotely is, of course, a completely different ball game.
Outside of your professional life, what are some of your personal hobbies or interests that help you maintain a work-life balance?
First I have to say that personally I think that ‘work-life balance’ is a misnomer! It is almost impossible to find a balance, as work is such a huge part of life itself, therefore impossible to categorise in separate buckets. What works for me is to prioritise what I need to do every day and then not to waste time thinking about my choices!
I am the mother of two boys (aged 20 and 16) and love spending time at home with my family as much as I enjoy being a legal professional. Other than that, I travel a lot, enjoy being with friends, cooking and working on various creative crafts (decoupage, resin art, Tanjore painting, crochet, cross-stitch etc). Am also a gardening enthusiast and an orchid addict! I find that being flexible with your hobbies is the key to fitting them into your career in a fulfilling manner.
What advice would you give to the current generation of aspiring lawyers who wish to build a successful career in corporate law?
Instead of advice, I would call them my tips for a successful career in-house and they would be as follows:
Be focused and sincere, and know that there are no short-cuts or substitutes to hard work, which means read, read, read some more and never stop learning;
Be intelligent about how you work, chasing solutions and outcomes, but be wary of being a mere post-box counsel;
Appreciate that most corporations are under transformational change in this VUCA world and advising on doing the right thing and finding ethical solutions is becoming more difficult. However, it is not impossible and thats really our job as in-house counsel;
Whether we practice or work inhouse, we lawyers should all uphold the honour of the profession and its standards of conduct; and finally
Don’t focus too much on the designation or the job title but on learning and acquiring skills/ knowledge. At the end of the day, what is most important is to enjoy what you do and to do it with passion and pride.
Can you share with us your journey into law? What motivated you to pursue both chartered accountancy and a bachelor’s degree in law?
Since I was born in the family of lawyers, I would further like to say that both my grandfather and my father, who themselves were in the field of law as regular practitioners mainly in the state High Court & from them I was fully inspired to join the profession of law. My elder brother who already had preferred to join the same profession in the established law firm Khanna And Associates. Being fully inspired & encouraged joining the law firm passionately, & finding fully satisfied positively ensuring myself in choosing this right path into the profession of law.
It needs no mention to state that the repute and the status that this profession owed to our family is un parallel and being able to make an impact in the society by using the law in the best interest of the society is always the motivation behind pursuing the law
Not to forget the black uniform, the British formalities, and being able to express yourself more profoundly seemed charming to the younger version of me back in the days of opting for law.
I always wanted to work with big corporations shoulder to shoulder and thus law and chartered accountancy both has opened this gateway for me.
Your expertise lies in a diverse range of legal areas, from corporate compliance to taxation and intellectual property. How did you develop such a multifaceted skill set?
When you plan to work in business law, you have to equip yourself with whatever it takes. There is no exception to that. As a corporate lawyer your job expects you to guide your client in all the aspects of law applicable to them and since your client is a corporate entity you have to equip yourself with all the laws applicable to the entity and such dynamics keep changing with the change of law or change of business circumstances.
Your expertise has to vary in various areas of corporate/business law :
Whether it is forming/incorporating a company in the best business structure for your clients business.
Devising the best tax strategy, acting as their legal architect, formulation of a plan for them to execute their business or routing the funds by abiding the banking laws thus forcing you to become an expert in banking law as well.
Once when the company is set up then you have to devise various internal controls for which you have to be well versed with various auditing procedures, practices and standards enabling you to guide your client entity to manage itself without disputes and with full transparency. Thus Auditing knowledge comes into picture and you are required to have the knowledge of this field.
When your client starts recruiting employees then you are assumed to be a contractual law expert along with tax and employment laws as applicable to the respective industry.
When your client begins operation/production you are expected to be an expert in seeking various licenses and IPR laws.
Then finally after all this spade work you reach corporate advisory. Advising provisions as applicable to directors and KMP and the entity as well.
Thus as a corporate lawyer you have to put your mind in various branches of law that offshoots from company law itself.
As the founder of Startup Solicitors LLP, you’ve been deeply involved in helping startups navigate legal complexities. Could you tell us about a particularly challenging case or project you’ve worked on and how you tackled it?
As a law firm we are more likely than not to face challenges in terms of legal complexities. The world is evolving with unprecedented pace and keeping up with the AI and Web3.0 hand in hand with legalities which are not adapting with the pace of technology.
Though there are many challenging project that came before us, but one interesting project that I would like to draw your attention to would be is of a US client who is working in the blockchain technology and wanting to launch their cryptocurrency few years back when lawmakers did not inked a word on the legality of cryptocurrency. The challenges that we faced were many :-
Whether the cryptocurrency can be tendered as a legal currency in India ?
Whether Crypto mining is acceptable in India ?
Can Cryptocurrency be listed in regulated markets in India ? If not can a Crypto exchange be formulated ?
What is the Tax applicability on crypto transactions in India ?
How to report cryptocurrency to the government Authorities in India ?
Which country in the globe is most suitable for ICO launch and Crypto mining if not India?
It took us a lot of research work in both the legal and geo political field in understanding the mindsets of various countries towards crypto currency acceptance enabling us to advise the client in choosing India vs Rest of the world for its multi-billion dollar idea. Helping him find the right country for setting up business, choosing the right country for its distinctive operations keeping in mind the future plans of our client.
Today, we can see the global acceptance of crypto currency. The law remains in grey areas in various parts of the globe.
With your experience in assisting multi-million dollar companies expand into India and serving on their boards, what are some common challenges these companies face when entering the Indian market, and how do you address them?
The major problem that multi-million dollar companies face while entering India to expand is choosing the wrong shareholding structure and wrong business structure delaying the corporate compliances and inviting various penalties.
We address the same by emulating a documentary check and analyzing the business structure comprehensively from all corners and creating timeline keeping in mind the MCA compliances, RBI Compliance, FRRO Compliances and tax laws prior to executing the incorporation process for setting up company in India
You’ve been involved in setting up new businesses and handling legal and financial consultations. Could you walk us through the process of setting up a new business, highlighting the key legal considerations and steps involved?
Setting up a new business involves several key legal considerations and steps. Here’s an outline of the process:
Choose a Business Structure: Decide on the legal structure of your business. Common options include sole proprietorship, partnership, limited liability company (LLC), or corporation. Each structure has different legal and tax implications, so it’s essential to choose the one that best fits your needs.
Register Your Business: Register your business name with the appropriate government authorities. This may involve registering a “Doing Business As” (DBA) name or incorporating your business with the state.
Obtain Necessary Permits and Licenses: Depending on your industry and location, you may need to obtain specific permits or licenses to operate legally. Research the requirements in your area and ensure compliance.
Secure Intellectual Property Rights: If your business involves unique products, services, or branding, consider securing intellectual property rights through patents, trademarks, or copyrights. This can help protect your business from infringement and establish your ownership of valuable assets.
Set Up Taxation and Financial Systems: Obtain an Employer Identification Number (EIN) from the IRS if necessary. Set up accounting and financial systems to track income, expenses, and taxes. Consult with a tax advisor to ensure compliance with tax regulations.
Draft Legal Documents: Create legal documents such as contracts, agreements, and terms of service. These documents define the rights and responsibilities of your business and its stakeholders, including customers, suppliers, and employees.
Hire Employees: If you plan to hire employees, familiarize yourself with employment laws and regulations. Create employment contracts, establish payroll systems, and adhere to labor laws regarding wages, working hours, and workplace safety.
Protect Your Business: Purchase insurance coverage to protect your business against potential risks such as property damage, liability claims, or employee injuries. Consider general liability insurance, professional liability insurance, and other relevant policies.
Comply with Regulations: Stay informed about industry-specific regulations and compliance requirements. Depending on your business activities, you may need to adhere to environmental regulations, health and safety standards, or data protection laws.
Create a Business Plan: Develop a comprehensive business plan outlining your goals, strategies, and financial projections. A well-crafted business plan can help attract investors, secure financing, and guide your business’s growth and development.
Open a Business Bank Account: Separate your personal and business finances by opening a dedicated business bank account. This will simplify accounting, tax reporting, and financial management.
Market Your Business: Develop a marketing plan to promote your products or services and attract customers. Consider online and offline marketing channels, such as websites, social media, advertising, and networking events.
Stay Compliant and Adapt: Regularly review and update your business practices to ensure ongoing compliance with legal requirements and industry standards. Stay informed about changes in regulations or market conditions that may impact your business operations.
Your background includes work with Forbes Asia Pacific Enlisted clients and conducting audits for various organizations. How do you maintain a high level of professionalism and attention to detail in your audit processes?
That is just experience and practice. You learn every day, you evolve and you grow every day.
Could you share a particularly rewarding moment in your career, where you felt your expertise made a significant impact on a client’s success or outcome?
Well, there are many and I would like to share few:
Standing shoulder to shoulder with my father and assisting him in arguing a matter in High Court, witnessing him argue with perfection and representing the client was not less than a reward for me in my early days of career.
Now today as the time has passed since my inception in the field of law and finance I feel very happy seeing that we helped some European Jewelry companies and US based IT companies set up their base in India leading them to scale volumes and generate employment in INDIA.
Lastly, considering your extensive experience and knowledge, what advice would you give to fresh graduates aspiring to enter the fields of law and finance? What key lessons have you learned throughout your career that you believe would benefit them?
Be genuine. Be Honest with your client. Say no if he cannot win the case.
Can you share with us what initially inspired you to pursue a career in law and Solicitors thereafter? considering your diverse experience across various legal domains?
I am an ardent believer of the famous quote “If you think small, your world will be small. If you think big, your world will be big.” — by Paulo Coelho.
I am a first-generation lawyer and right from childhood I had seen my father Dr. Sudhir Nanandkar handling several sensitive and high-profile cases as a Forensic Expert and his job profile required him to be constantly updated about not only medical expertise but applicable laws as well for which, he even enrolled for LLB. My father obviously could not practise law but he inspired me to take it up as a profession. My decision was further crystalized when I saw my mother Mrs. Neeta Nanandkar helping kids with special abilities and needs as a Counsellor and Special Educator, fighting for their rights and inclusion in the society. Thus, I always wanted to choose a profession which was not only empowering but also gave me a sense of purpose.
My horizons were further broadened when I started my internship with a Solicitor firm at fort “Vivek Kantawala & Co.” and my Mentor, Mr. Vivek Kantawala motivated me to push beyond my comfort zone and I embarked on a journey to become a Solicitor. This journey was marked by rigorous preparation for the Solicitors examination, which I successfully cleared.
I am thus deeply grateful for the opportunities and people that shaped my journey till date and today as a seasoned lawyer with fourteen years of experience, I carry forward my multitudinous enriching experiences with pride.
With your extensive background in Commercial Litigation, Dispute Resolution, Insolvency and Bankruptcy, Real Estate, White Collar Crime, Shipping and more, could you walk us through a pivotal moment in your career that solidified your passion for Litigation?
I am extremely thankful for the opportunities and trust of my seniors throughout my career and it has been a constant source of impetus for me. Though my foray into the diverse legal landscape of Commercial Litigation, Dispute Resolution, Insolvency and Bankruptcy, Real Estate, White Collar Crime and Shipping was not a deliberate choice, it was a natural evolution guided by the legal stalwarts that I have worked with throughout my career, coupled with my enthusiasm and constant thirst for knowledge resulted in strengthening my business development skills and strong clientele.
I have worked on several complex and enthralling matters in my career and regardless of its nature, every matter has been a stepping stone for my professional growth but pivotal moment of career was when I was impelled by a Hon`ble Judge of The Hon’ble Bombay City Civil Court to argue a case despite me being a fresher who was still exploring possibilities of Litigation and Non-litigation! It was a memorable and scary experience as I had to prepare my submissions in just one hour. I distinctly remember, me and my opponent, both freshers, tried to wriggle out of the situation by calling our respective seniors to court, but they were made to sit behind us and we were asked to argue the case. In retrospect, I did not choose litigation, litigation chose me! making me forever indebted to this Learned Judge of Hon’ble Bombay City Civil Court! I must admit after this incident I have not looked back.
What are the causes you feel strongly about?
I come from a family which believes in giving back to the society and right from childhood, my parents have instilled in me the values and virtues of empathy, compassion, and quality conscience, encouraging me to volunteer in several pro bono campaigns. I strongly believe that we need better resources and employment opportunities for kids with special abilities and needs which can be achieved through inclusion alone, which necessitates combined efforts from government authorities and society for expeditious and effective implementation. Further, issues pertaining to awareness in respect of women’s rights and equal representation deserve to be addressed at a larger level.
Having worked with various reputable firms, what valuable lessons did you learn about the legal profession and the intricacies of your practice areas?
I am blessed to have worked with various reputed law firms in my career, which offered me invaluable exposure of litigation and non-litigation cases at domestic and international level, helping me enhance my knowledge of law, oratory skills and analytical thinking. These experiences made me proficient in courtroom advocacy and after court management with strategic use of skills, experience, and court craft. Thus, as lawyers we need to be constantly updated and ready to learn and adapt as and when required.
I can sum it up by saying that there is no shortcut to success and it is a rewarding road filled with thrilling challenges, which ultimately lead to triumph!
I am happy and honoured to be part of Phoenix Legal now and I am confident that I can contribute significantly to the firm’s expansion and success.
Your journey reflects a blend of corporate representation, high-stakes disputes, and involvement in significant cases. Could you share a memorable experience from your time advising and representing well-known companies before the NCLT, RERA Tribunal, or other courts?
In my legal career spanning fourteen years, I have handled some high-profile cases, each carrying its own weight of significance but some cases challenge you to think out-of-box and are one of a kind. I had opportunity to represent two reputed gaming companies in a defamation suit before the Hon’ble Bombay City Civil Court against “John Doe/Ashok Kumar” unknown or unidentified persons, who were reportedly posting defamatory content about the makers and investors and their video game on Facebook, Twitter, Google, YouTube, LinkedIn, and other social media platforms. The miscreants were targeting the two companies, their promoters, and their ambassador on various social media platforms by posting posts, tweets, messages, videos and spreading rumours that the game was conceptualised by late actor Sushant Singh Rajput. Thus, causing “irreparable damage” to the companies’ reputation. We had to obtain an interim order / “John Doe” Order from the Hon’ble Bombay City Civil Court urgently to restrict these several unknown people from spreading defamatory rumours. This case was unique as the obligations of Intermediaries at that point of time were unclear and it was easy for them to shrug their responsibility by taking a stand that they were merely intermediate platforms, having limited liabilities. It was enthralling to explore and highlight the interplay between the then existing laws pertaining to Intermediaries and their liabilities towards the content uploaded by unknown miscreants and we were successful in obtaining the “John Doe” Order and was reported in various newspapers and social media platforms. This case honed my abilities to navigate through a high-pressure environment and accentuated the importance of innovative legal solutions.
With a notable track record of handling complex matters such as mergers, insolvency cases, and high-profile disputes, what challenges have you encountered, and how did you overcome them?
I believe that most complex situations can be diffused easily with an out-of-box thinking and calm mind. I have learnt this with my own set of trial & error experiences, especially when stakes are high for clients and time is of essence, every strategic step matters. I must emphasize that handling a particular case can never have a straight-jacket formula solution, it involves several permutations and combinations of cautious interpretation of laws, industry-specific expertise, communication with non-legal professionals /officials, managing compliance burdens, continuous research and developing cost-effective solutions.
I distinctly remember one of my clients approaching me with a peculiar problem. Client had availed loan from a reputed bank for building a resort at Nagpur and though bank was disbursing money on one hand and it was being recovered on other hand, with interest. Thus, not actually helping the client to apply the said money for resort construction and interest simply went on mounting in crores. Client tried closing the account but the same was not allowed by the bank and bank further refused to release original property documents, making it difficult for client to approach other banks or entities. Client later realised discrepancies in the documents establishing forgery of crucial documents. Thereafter the bank declared the client NPA and sued them before the Hon’ble National Company Law Tribunal for alleged non-paid loan amounts. Superficially, it looked like a normal debt and default case, hence the Hon’ble Tribunal was initially inclined to admit the petition against the client, as there were no precedents allowing forensic audit by Hon’ble Tribunal and not many cases on evergreening of loans. Thus, we had to highlight the evergreening committed by bank along with the forgery of documents committed by officials of bank owing to personal vendetta against the promoter of client company, which is when our application seeking forensic audit of bank`s documents was allowed by the Hon’ble Tribunal. I would thus say, a little out-of-box thinking goes a long way.
Considering your vast experience and insights gained throughout your career, what advice would you offer to law students or recent graduates embarking on their legal journey? How can they navigate the complexities of the legal profession effectively?
In an era of mindless herd mentality and allure of firm remunerations, it is essential for law graduates to ascertain what drives and motivates them at an early stage, so that focused efforts can be invested in a particular area of Law. For example: whether one enjoys vibrancy of court or not, will aid a person in determining whether litigation is their calling or not, failing which burnout or scattered exertions will be an inevitable consequence.
Thus, the key is to not to trade passion for glory, enjoy the thrill of challenges which often are opportunities in disguise and stay abreast of these evolving trends and developments as the dynamics of the legal profession keep fluctuating.
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 signeda 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.
Could you please share your journey and how you ended up pursuing a career in law after obtaining degrees in both engineering and law?
I developed an interest in law while pursuing a Master’s Degree in Engineering from the Warwick Manufacturing Group at the University of Warwick. I was studying regulations relating to automobiles and how they affect innovation, which instilled in me an interest in further exploring and understanding the functioning of legal systems through academic pursuits.
How do you believe your background in engineering complements your expertise in law, particularly in the realm of intellectual property?
The diverse educational backgrounds in the fields of Engineering and Law contributed to bring about a range of perspectives in the practice and application of law. This amalgamation of knowledge facilitated the development of a systematic problem-solving approach, nurtured critical thinking skills, and enhanced the ability to provide adept counsel to clients across various industries. It does also help in understanding technology and innovations and their protection under the Intellectual Property regime.
As the founder of Altacit Global, a leading Indian law firm, could you tell us about the key factors that led you to establish your own firm and what unique challenges you faced as an entrepreneur in the legal industry?
The founding impetus behind the establishment of Altacit Global was to create a firm capable of delivering international-caliber services to Indian clients, while fostering a culture of ethical practices. The foremost challenge at hand was to ensure the provision of consistent services on a considerable scale and across diverse geographic locations. This challenge extended to attracting and retaining premier talent, as well as establishing a platform that could foster and acknowledge excellence within a professional work environment. By embracing technology early on and maintaining a commitment to best practices, we have successfully positioned ourselves at the forefront of the spectrum, enabling us to serve esteemed clients.
You are a regular speaker at universities and national and international conferences. How do you balance your professional commitments with your passion for sharing knowledge and insights with others?
Professionals in all fields amass a wealth of experience and exposure to diverse facets and issues. This knowledge typically remains within an individual and is seldom shared unless direct interaction occurs through internships, apprenticeships or employment, reminiscent of the ancient gurukul systems. The act of imparting knowledge and contributing to the society from which we have gained is the principal impetus behind authoring articles, publishing books, and speaking. Furthermore, when one puts their thoughts into words, it unlocks additional dimensions of knowledge.
Your achievements are truly commendable, and you have been recognized as one of the 100 legal luminaries of India and top 100 IP leaders of India.
When someone is passionate about their pursuits and excels in them, recognition will inevitably follow. Such recognition serves as a motivating force, propelling individuals to push their boundaries and embark on unprecedented journeys, ultimately leading to a profound sense of satisfaction.
Your book “Intellectual Property Risk Management” delves into the process of identifying, assessing, and evaluating risks associated with intellectual property. What are some common misconceptions about IP risk management, and how can organizations better understand and address these risks?
Law is an evolving domain that continuously adapts to the prevailing social, economic, political, and technological developments. The publications “Intellectual Property and Taxation” and “IP Acquisition in India – Tax & Legal Aspects” include chapters authored by various subject matter experts, serving as quick-reference guides and starting points for navigating the intricate landscape of law and its implications on the commercial aspects of intellectual property. The intangible nature of intellectual property poses challenges for all stakeholders within the intellectual property regime. Ensuring appropriate value derivation from intellectual property requires careful attention, distinct from other forms of property.
The publication “Intellectual Property Risk Management” aimed to elucidate the inherent risks associated with intellectual property and strategies for their mitigation. However, the time has come to release updated versions of these publications to bridge recent developments.
Lastly, with your extensive experience in the legal and intellectual property domain, what advice would you give to fresh graduates who aspire to make a mark in the legal field and potentially pursue a career in intellectual property law?
It is of utmost importance for lawyers to remain abreast of developments, encompassing not only the legal field but also various aspects of life, such as technology, social dynamics, economic trends, and more. Grasping the implications of the law and effectively harmonizing economic interests with those of humanity holds immense significance.
When the process of learning comes to a halt, the growth of the lawyer also stagnates. For law students aspiring to build a career in the realm of intellectual property, which resides at the intersection of technology, law, and economics, a preparedness for perpetual and lifelong learning is imperative.
Ma’am, please tell us about your journey and how you ended up pursuing a career in law, particularly in the field of international law and arbitration?
In school, I was head of the debating society and also part of the dramatics club. Obviously, I was fond of being the front and centre of anything to do with expressing and discussing ideas. I wanted to take that forward in my life. For a very long time, I was torn between journalism and law. But then I got to law school, and I just knew from the get go that this is where I wanted to be. Never looked back.
I don’t think it makes sense to jump right into international law or arbitration at the start of one’s career. You have to ground yourself in the practice of law in your home jurisdiction first, get your hands dirty, figure out what area of law you want to practice in, and how you want to practice. Are you into commercial disputes, or criminal law, or corporate transactions, or intellectual property? Do you want to work for a small firm, big firm, senior counsel? This is what I did. I worked with a law firm, then with a practicing advocate in the Delhi High Court. It took me a few years to identify with certainty that I was interested in commercial disputes, and I wanted to be where the hearing was, inside or outside of court. That’s when I went to Cambridge and studied public international law with a focus on international dispute settlement. After that, I worked at the Hong Kong office of the International Chamber of Commerce- Court of Arbitration, and later as a Tribunal Secretary in international commercial arbitrations / SIAC. I spent more than a decade slowly evolving into my chosen area of practice, which was international law and arbitration. In 2021, I felt I had the wherewithal to strike out on my own and set up my own practice. So I did.
You have an impressive academic background, including an LL.M. from the University of Cambridge. How did your time at Cambridge shape your career and interests in public international law?
More than anything, Cambridge taught me that intelligence is inter-personal. If you are truly intelligent, you will have the humility to accept that what you know is not everything, and knowledge comes from everywhere. From your classmates on a Sunday-morning-punting escapade on the Queens’ river, from discussions over coffee, from sport, from music. You must have the versatility to absorb knowledge from any source, and engage in discussions with anyone. That learning gave me immense perspective, and allowed me to look at the practice of law from an objective distance. I began to enjoy the discussion and study of public international law and dispute settlement without the trappings of competition and survival which are so ingrained in traditional systems of education. It helped me become a well-balanced professional, engaged in practice but also entertained by it, and gave me the tenacity to walk away from a bad day in court but keep coming back. More and more, I think the trick to succeeding as a professional is just being patient and consistent, which you can’t be if you don’t enjoy what you’re doing.
You have experience as both an advocate in India and a solicitor in England & Wales. How has this dual qualification benefited your practice, and what unique perspectives do you bring to the table?
Commercial disputes are becoming more and more trans-national, cross-border as the world is becoming more and more economically integrated. Being qualified to practice in more than one jurisdiction brings with it a comparative understanding of fundamental legal principles, for example, of contract, property law, constitutional law, etc. That enables a lawyer to provide more holistic advice in a dispute involving cross-border transactions. I think for a young lawyer looking to get into international commercial arbitration, a dual qualification is increasingly indispensable.
As the Founder & Head of Arbridge Chambers, could you share some of the highlights and challenges of establishing and managing your independent chamber practice?
I think the challenges are two fold, first, to find the conviction in what you know and what you can do despite what other people may think or say, and, second, to back up that conviction with all your resources. Your time, savings, energy. You have to put the cart before the horse and invest in research tools, human resources, networking etc. even before you can see the next big matter coming. If you are going to be scampering for these when the matter actually comes, it is already too late.
You have been involved in several international arbitrations as both an arbitrator and counsel. What drew you to specialize in this area, and what do you find most fulfilling about your work in arbitration?
In essence arbitration is just another method of resolving disputes. If one is interested in litigation and dispute resolution in general, then interest in arbitration follows as a natural corollary. What I enjoy the most is that arbitration has a clear structure, with enough time and flexibility to really get into details of the claims, evidence, matters of procedure. The outcome can genuinely be influenced by the manner in which claims are drafted, presented and argued. I find that very satisfying as a professional.
You havebeen involved in investor-state disputes on behalf of the Government of India. Can you share some insights into the complexities and nuances of handling such cases on a national level?
This is really the most enriching and glamorous part of my practice. Every piece of advice or representation for the GOI comes with the immense satisfaction of knowing that you are doing something which has an impact on a larger scale. But it also comes with immense responsibility. You have to be aware of the practicalities in the conduct of business and the sensitivities involved in government work when you present positions in an international context, and you have to be damn sure of what you are doing. I think being thorough and measured is very important when acting on behalf of a government entity in general.
One of your areas of expertise is infrastructure disputes. What unique legal considerations and challenges are involved in resolving disputes related to infrastructure projects?
It would be safe to say that infrastructure disputes are often bread and butter for an arbitration practice. They are big, complex disputes running into pages and pages of documents, and the trick is always to simplify. I usually start with a pen and paper and spend time chalking out the life of the project. Once that is done, the rest of the effort is to fit pieces of information in the overall story / flow of the transaction.
Over the years, you’ve been actively involved in various international arbitration organizations and committees. Can you tell us about the significance of such engagements and how they contribute to the development of the field?
Like I said, knowledge is inter-personal. It is important to engage with like-minded practitioners in the field, to learn from their experiences and strengthen networks. I don’t believe in being involved in everything all at once. It has always worked for me to find an organisation or committee that genuinely reflects my interests and my professional profile, and then figure out ways of being more involved in it.
As a member of the Global Steering Committee for Young Arbitral Women Practitioners and an Advisory Board Member of Indian Women in International Arbitration, what efforts do you think are crucial to promoting gender parity and diversity in the field of international arbitration?
The most important thing to do right now is to develop the network. Particularly in India, the community of arbitration practitioners itself is very nascent and upcoming, and the women practitioners are an even smaller grouping. Young women arbitration practitioners need to know that there are others like them, and that everyone is in the same boat, dealing with similar challenges. That in itself is likely to be a big source of strength and support for everybody involved. If we can also enhance visibility and work opportunities for members as we go along, that is a bonus. YAWP Steering Committee and the IWIA Advisory Board both have an amazing team of very dedicated and trail-blazing practitioners heavily committed to creating better networks and opportunities for women in arbitration. We are bound to succeed.
You’ve been a guest faculty at National Law University, Delhi, and have conducted courses on investment treaty arbitration. How important is it to impart specialized knowledge to young law students in this field?
I see teaching as a two-way street, having always walked away from a lecture with a question I never thought of, or a perspective I didn’t see. Plus, you have to stay abreast of new ideas. You can’t do that if you are only interacting with people at your level professionally. You see, I learn so much from students, it is hard to say I am the one imparting knowledge to them!
Lastly, what advice would you give to fresh graduates or young professionals aspiring to succeed in the legal industry, particularly in the field of international law and arbitration?
My advice to those looking to pursue arbitration is to start somewhere, anywhere, in a practice focussed on disputes, whether or not it is focussed on arbitration. You need to acquire the skills to be a disputes practitioner. You will get to arbitration eventually, even if you are not there today. Just keep at it. And while you are at it, value your colleagues, even people junior to you. These are the people who will be with you for the ride, and who are likely to help you when you really need it.
Sir, please tell us about your journey and how you ended up pursuing a career in law? What inspired you to choose this path?
I was working after I completed my graduation in Economics and I felt the need to study further. At that point, an MBA seemed like it would require many more years of work experience, so I decided to look into becoming a lawyer. The idea of law school aligned with my idea of writing, researching and discussing laws and policies – all of which were activities I enjoyed.
With your combined academic and working experience in legal counseling within various business environments, what have been the most valuable lessons you’ve learned along the way?
I think I have learned what kind of mentor to be and what not to be. I have had bad bosses, and some very good ones. Therefore, I know what not to do. On the technical front, I have learned how to redline and draft agreements which is a skill we have to keep getting better at as we progress in our career.
In your previous roles, you have been involved in regulatory compliance, risk anticipation and management, as well as contract review. Could you share some examples of challenges you faced in these areas and how you successfully navigated them?
Initially I found some of these agreements daunting and confusing to say the least. But with the right levels of practice, and some help from other colleagues and mentors, the process of reading an Agreement became more easier for me. I recommend having a checklist or some flow of standard steps so you don’t end up missing out on the fine print!
You have been responsible for overseeing vendor management for new contracts, contractual work, litigation, and licensing. Could you discuss a project or initiative where you implemented a vendor management process that had a significant impact on the organization?
In my previous role, I built out a vendor management policy that was adopted by the organization. This was an opportunity for me to understand the pain points of different stakeholders and work with them in creating a policy that reflected their concerns. Eventually this was created into an updated version as well and impacted the business in a big way.
Throughout your career, you have demonstrated strong analytical and critical thinking skills. Can you share an example of a complex legal problem you encountered and how you approached its resolution?
I remember negotiating in a conference room over a force majeure clause and whether the pandemic was still foreseeable or unforeseen. I just tried to understand the other party’s perspective and my approach was to come to a gradual resolution with a more give and take mentality as we went along with the contract negotiation.
Communication is a vital skill for any legal professional. How have you utilized your oral and written communication skills to effectively collaborate with colleagues, clients, and stakeholders?
This is something we have to keep working on. Whether it is emails, or even speaking to clients and stakeholders on the phone – we are always communicating. I try to keep my emails short and my tone to be friendly or business casual for the most part. I typically find that if you are not able to deliver, sending a holding email can be an effective way to buy some time and not disappoint.
Lastly, based on your extensive experience, what advice would you give to fresh graduates who are just starting their careers in the legal field? What key skills or mindset should they focus on developing to succeed in this profession?
Be ruthless. Take feedback seriously, but never to heart. Also it only reflects how you were at that particular point in time and never a reflection on your future opportunities or ability. Everything can be taught and learned – no body is born with the ability to decode legislation or draft agreements. Similar to driving, we all are learners and keep practicing our craft to be so in the “practice” of law.
Can you tell us about your journey and how you ended up pursuing a career in law, specifically as a Dual Qualified Solicitor (England & Wales) and Advocate on Record?
My mother was a Civil servant who served both at the Parliament and the Ministry of Home Affairs. It was through her that I was introduced to the world of Legislation and law enforcement and the important role that they play in society. I also had the opportunity to interact with the then Attorney General, Senior Advocate Shri Soli Jehangir Sorabjee. That really sparked my interest in law and I decided to pursue it as a career.
After completing my studies and enrolling in the Bar I started my practice in the Supreme Court. As is the rule, all filings were done through an Advocate on Record and I had the opportunity to work with several very talented and inspiring advocates. This strengthened my resolve to appear for the AoR examination as soon as I was qualified and I was lucky enough to qualify in my first attempt.
As an AoR I represented certain clients who had business interests in the UK and occasionally had to deal with English Solicitors. I was fascinated by how far the English law had come since our independence and decided to qualify in their Jurisdiction so as to get a better understanding of it.
You have extensive experience in Privacy Laws, including GDPR and CCPA, as well as expertise in Crypto Currencies and Artificial Intelligence. How did you develop an interest in these areas of law, and what drew you to specialize in them?
I have always had a keen interest in technology. Through my education and practice I have been a witness to how and why technology outpaces legal developments and what the lack of effective guardrails can mean. These last couple of decades have redefined how we socialize, communicate, share/absorb information and take decisions. The more I engaged with technology the more I realized that a convergence of scientific developments, ethical considerations and legal boundaries are necessary to ensure that these developments are a boon for society and not its bane. The connections and sometimes, the tensions between Technology and law have not only become my profession, but my passion as well.
Could you share some of the notable cases you have handled, particularly those where you appeared and argued before the Supreme Court of India? How did those experiences shape your career?
One of the most impactful cases where I got the opportunity to argue before the Hon’ble Supreme Court was in the batch petitions challenging Aadhar linkage with various schemes and benefits. The manner and speed with which Aadhar was being linked with every facet of live for Indian citizens raised serious fears about the creation of a surveillance state. On 24th August 2017, the Hon’ble Supreme Court delivered a landmark judgement that declared privacy to be a fundamental right under Article 21, overruling verdicts given in the M.P. Sharma case in 1958 and the Kharak Singh case in 1961.
Another very interesting and impactful case that I was fortunate enough to act as an intervenor in a batch of petitions that sought legislation for the regulation of Crypto currencies and challenged an R.B.I. Notification whichbarred regulated entities (Banks and other regulated Non-Banking Financial Entities) from dealing with Crypto Currency entities before the Hon’ble Supreme Court. The R.B.I. had not taken any regulatory stance on Crypto Currencies and yet it effectively sought to scuttle the Crypto Currency industry by denying them access to banks. The Hon’ble Supreme Court was pleased to hold that the circular was a disproportionate restriction on fundamental rights, as RBI needed to show at least some semblance of any damage suffered by its regulated entities and there was none. The Court also held that there was no law that made dealing in Virtual currencies illegal.
In both these cases, I was blessed enough to appear alongside Industry stalwarts and the decisions of the Court renewed my faith in law and the independence of the Judiciary.
As a legal professional, you have advised companies, web/application developers on compliance with various data protection laws and regulation of Artificial Intelligence. What are some of the key challenges faced by organizations in navigating these complex legal landscapes?
Organisations all over the world will now need to develop a data protection/management and Artificial Intelligence strategy, especially given the pace with which these technologies and our reliance on them are growing. A lot of concerns arise from the lack of understanding about what shape regulation will take and how it will impact the development of these technologies.The fact is that there are no Internationally accepted rules for their regulation, there are certain laws such as the G.D.P.R and guidelines issued by the O.E.C.D but the fact is that legal regimes everywhere are adopting different and sometimes conflicting standards. Organisations also need to be wary of the fact that any mistakes involving the use of these technologies can substantially damage their brand value. It is time to start making substantial investments in R&D to address the issues of data protection, bias, accountability and transparency.
You have also provided guidance on data subject rights, reporting of data breaches, and dealing with regulators. What are some of the best practices you recommend for companies to ensure they handle data responsibly and maintain compliance?
The O.E.C.D. had in 1980 issued its “Recommendations of the Council Concerning Guidelines Governing the Protection of Privacy and Trans-Border Flows of Personal Data” containing the following 7 principles for protection of personal data:
Provide notice—data subjects should be given notice when their data is being collected;
Disclose Purpose—data should only be used for the purpose stated and not for any other purposes;
Obtain free and fair consent—data should not be disclosed without the data subject’s consent;
Maintain system and data security—collected data should be kept secure from any potential abuses;
Honour the data subjects right of disclosure—data subjects should be informed as to who is collecting their data;
Provide data subjects with access—data subjects should be allowed to access their data and make corrections to any inaccurate data
Be accountable —data subjects should have a method available to them to hold data collectors accountable for not following the above principles
These 7 principles have formed the bedrock of many international treaties such as the Convention 108 and national laws such as the G.D.P.R. There are, of course, many national rules such as those concerning Children’s data and other special categories of data such as Financial, Health and sexual orientation that must be complied with.
With your expertise in cryptocurrency and blockchain, you wrote a paper about the introduction of a Central Bank Digital Currency in India. Could you elaborate on some of the issues raised by such a digital currency and its impact?
A CBDC is the legal tender issued in digital form and is exchangeable one-to-one with government-issued money. In theory a CBDC could offer multiple benefits to users such as lower transaction costs and faster settlement times. However, there are several concerns that have not been addressed so far. The primary concern is that since the digital rupee would be programmable money, it could encompass features that were never really meant for a central bank. Some examples would include retail operations, surveillance over the citizenry and the power to introduce negative interest rates on accounts maintained with it. All this merits legislative and judicial oversight, not to mention the fact that a CBDC creates a centralised point of failure that could cripple the entire financial infrastructure in case of a hack, or even a simple system outage. The provisions of present laws were simply not drafted keeping in view these considerations.
Throughout your career, you have worked as both an in-house counsel and a litigator. What are some of the unique perspectives and skills you gained from these different roles?
In my experience acting as an in-house counsel makes one more focused on compliance and timely resolution of issues, preferably through means of alternative dispute resolution. It helps that you access to have better resources and more man power. You also learn to be quite proactive, identifying problems before they arise and resolving them and adopt a business focussed approach.
Litigation instils a strong sense of public service and gives you a more straightforward and cost-effective approach. It gives you more independence but also makes you more accountable. It can be quite daunting, but quite rewarding as well.
As a successful legal professional with a diverse background, what advice would you give to fresh graduates who are aspiring to pursue a career in law? What key skills or experiences should they focus on developing?
The most important advice I can give to any aspiring lawyers is to hone their research skills. This is an important and often overlooked part of legal education and initial years of practice. They must learn not to be limited to their text books, but must also read through judgments, legal journals and periodicals. This will empower them and give them enough confidence to conduct original research and write papers themselves, thus giving them invaluable domain knowledge.
