Across Borders and Benchmarks: A Journey in Disputes, Insolvency and Restructuring. – Urvashi Salecha, Dual Qualified Lawyer and Legal Manager at Harneys, Hong Kong.

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

Your career trajectory is truly inspiring. Having started your journey in India, what initially motivated you to explore opportunities abroad? Was an international legal career always your goal, or did it evolve with time and experience?

While an international career was always intriguing, I did not really plan for this move. I relocated to Hong Kong for personal reasons and in hindsight, this was the best God gifted turn in my career destiny. 

After working at Khaitan & Co for over two years, I was constantly fidgeting with the idea of pursuing an LLM from the UK/US to enhance my skills. In fact, my initial career plan was always aimed at being part of the Indian Judiciary after procuring an LLM. However, I ended up with a real life LLM (something like the real life MBA) upon my move to Hong Kong. 

Sorry but nothing riveting about my international legal career albeit a very fulfilling one indeed (whatever be the catalyst). 

In the early stages of your career, you worked with several top-tier law firms. What were some of the key takeaways from those experiences that helped shape your foundation in dispute resolution?

Yes, I was fortunate to intern and work with many reputed law firms, legal professionals and even clerks with a High Court Judge before joining Khaitan & Co in Mumbai. Given our Indian legal education system is largely based on rote learning and lacks the practical and critical thinking aspects of the law, it is crucial to explore your interests by way of practical traineeships during your law school breaks. I would say these internships not only built a foundation in dispute resolution (for me personally), they were essential in preparing me for the private practice role I undertook with Khaitan & Co. It is your first tryst as a professional and guides you to (i) figure out where your interests lie (i.e. private practice, corporate in-house, academia and several other fields within the practice of law), (ii) develop interpersonal and communication skills, and (iii) really get a hands on experience on the culture and workings of that specific role (e.g. a law firm or a company). 

After spending two years at a leading Indian law firm, you transitioned to international practice. What prompted this shift, and how did you navigate the cultural and professional differences between the Indian and Hong Kong legal environments?

As mentioned earlier, my relocation to Hong Kong was part of God’s plan. When I moved to Hong Kong, my only professional acquaintance in this new jurisdiction was my husband, who is a banker. Basically, I had to start from scratch, reintroducing myself as an Indian disputes lawyer looking for private practice roles. To make things more exciting, shortly after my arrival, the COVID-19 pandemic struck, bringing layoffs and market uncertainties.

Despite these challenges, I reached out to numerous professionals, sent cold messages, and built new connections daily. This journey required humility and grit, as the Hong Kong legal industry is highly competitive. Being a newcomer without Hong Kong qualifications or international law experience, I was rarely a recruiter’s first choice.

Transitioning from a top-tier law firm in India, with an established pedigree, to being completely unrecognized in Hong Kong was a profound experience. However, these initial years in Hong Kong marked my steepest professional growth. I learnt the art of networking and the benefits of a strong follow-up. I knew that positions won’t be created for a junior lawyer such as myself and I needed to keep hunting for the appropriate opening so that when there is one, I get a chance to interview for that role. 

I also did not want to wait for the perfect opportunity and I took up an in house role with a leading manufacturing company (Rochdale Spears Group) immediately upon my move to Hong Kong (before transitioning to private practice at Harneys (my current role)).  Whilst at Rochdale, I also simultaneously prepared for the Hong Kong qualification exams given my interests always lied in pursuing litigation. 

You’re currently focused on cross-border insolvency litigation and restructuring. Having practiced dispute resolution in India as well, how would you compare the Hong Kong legal system with the Indian system? Are there specific procedures or practices from Hong Kong that you believe could be effectively adapted into the Indian context?

While both Hong Kong and India are common law jurisdictions, the practice, procedures and especially case management are fairly distinct. To clarify, whilst I am Hong Kong qualified, I’m currently working at an offshore law firm where we advise clients on BVI, Cayman Islands and Bermuda laws (all systems largely based on UK and common law). 

In my experience, litigation in Hong Kong, UK or any of the offshore jurisdictions mentioned above, is more mature and structured. 

Firstly, there is an emphasis on early settlement (i.e. out of court resolutions). There are even certain pre action protocols to be followed and pre trial settlement is highly encouraged. 

Second, if a matter does go to trial, it won’t last for several decades unlike in India. In fact, the courts will block a week or two for a specific matter to complete the trial (including evidence and final arguments). Adjournments are rare as compared to India (and mostly at the behest of both parties i.e. by consent if they are exploring settlement negotiations for instance)

Having said that, India courts (i.e. higher courts SC/HCs as well as tribunals and lower courts) have a very high workload with judges handling large volumes of cases daily compared with the courts of the other jurisdictions I mentioned earlier. So it’s obviously remarkable how the Indian judges are managing these volumes. However, an intrinsic balance needs to be found, with perhaps higher no. of judicial officers and moving towards a less adversarial approach towards disputes and incentivising pre trial settlement. 

Lastly, even alternative dispute mechanisms such as arbitrations are concluded more efficiently, with challenges to the final award considerably lesser as compared to India (where majority of the arbitral awards are challenged in Courts). 

Being qualified to practice in both India and Hong Kong, how has this dual qualification enhanced your cross-border legal practice?  Could you also share your experience preparing for and clearing the Overseas Lawyers Qualification Examination (OLQE)? What strategies or resources were most helpful to you during the process?

As challenging as it was, I thoroughly enjoyed preparing for the OLQE. To put things in perspective, the pass rate for these exams is as low as 20% so you know the odds are not exactly in your favour. 

The exams are highly technical with all questions being completely application based. So you are essentially answering real life legal queries (in a time bound manner). As Indian law school graduates, we are so used to rote learning and exams lacking critical analysis, I was not only preparing for the HK law exams, I was re-learning the study techniques too. 

It was a test of disciplined, structured learning  and being consistent and completely focused in your preparation leading up to the exams. You also need to keep ample time for revision given the vast breadth of topics that are covered within a single head of an exam. With some luck, and blessing coupled with hard work and finding the right tutors, I was able to clear all heads in my first attempt. 

To answer your first question i.e. engaging in different jurisdictions and legal systems, it really allows you to widen your scope of learning, you are not just learning two sets of laws, you are also exploring and servicing different cultures. For me, at Harneys, we deal with several Chinese clients on one hand and common law judicial systems on the other. So that’s balancing a lot of interests at the same time. I think being curious, understanding client’s needs and ensuring efficient service has kept me afloat while working in both jurisdictions

You’ve taken on leadership roles in both diversity initiatives and business development, with BD and networking now being a key part of your responsibilities. Since these skills aren’t typically taught, especially in traditional legal training, how did you cultivate them, and what guidance would you give to legal professionals looking to build confidence in this area?

Yes, I lead the Tone from the Top committee at Women in Law Hong Kong and have been part of WILHK as well as other DEI committees/member groups. I’m also quite actively involved in the BD initiatives at Harneys. Whilst both are distinct and serve differing objectives, it all stems from the art of networking. 

As you rightly point out, this is neither taught or even considered as part of your skillset in law school or as junior lawyers. I believe this is a quintessential ability to develop in any profession (not just law).  

So how to develop these skills. To me, it happened very organically. I was in a new jurisdiction, completely out of my comfort zone. All regular methods of finding a job had failed (i.e. through recruiters or applications to law firm websites or HR personnel). So, I had to be creative with finding opportunities. I started reaching out to people on LinkedIn (even if I did not know them), asking for 30 mins of their time/ or a coffee chat. At every meeting, I tried to expand the network by asking for introductions to more connections or membership in communities. This really helped build foundations on communication skills and confidence to hold conversations. 

The transition to being involved in BD meetings and initiatives at Harneys was easier based on the foundations I built early on. I think it all comes down to being aware of the opportunities available if you can take that first step. It’s important to have a strong legal foundation and technical skills such as writing, analysis and research. However, at the same time, it is equally important to  ensure that you’re perceived as a good lawyer, who is capable of being the face of a firm or representing the firm in front of potential clients. As you get elevated (e.g. at partner level), these are the skills that matter more. So it’s always better to build on these from the beginning rather than waiting to be in a leadership position. 

As a Hong Kong-qualified lawyer currently advising on various offshore litigation matters (including such as the implementation of schemes/restructuring) in the Cayman Islands, Bermuda, and BVI, how do you navigate the distinct legal nuances of these jurisdictions? Furthermore, how would you compare the commercial and dispute resolution frameworks Hong Kong and India, and what key differences do you observe in their approaches to cross-border transactions?

A very good question indeed and while I marinate in these challenges daily, not something I discuss often haha. The key is compartmentalising. Given the niche I’m in, its very easy to get muddled up with the laws of different jurisdictions. Given I assist with several cross border matters and a single work day may involve drafting pleadings for a Cayman scheme of arrangement court sanction, assisting in a BVI law advice on insolvency laws and end with a client call exploring litigation in Bermuda. 

I ensure that I have separate notes and sections (physically in my room as well as digitally on my desk) for each of the jurisdictions and then each of the matters. You have to be extremely organised with filings, matter segmentation etc. And of course, with some time and experience, you just get more confident in dealing with complex issues by breaking them down into simpler soluble pieces and then attending to each of them separately. And as lawyers, the most important thing is to have a mindset of continuous learning. 

For students aspiring to build a career in international dispute resolution, what guidance would you offer? Are there any practical tips, skills, or experiences you believe are especially valuable as they prepare to enter this field?

International dispute resolution is a pretty wide term. I’ll answer it this way, to build a career in law (whether in India or globally) requires consistent learning, hard work, resilience, critical thinking and most importantly patience. Unlike other career paths like AI, bankers (which are fast paced and also highly technical), law requires a lot of patience and experience. 

As for practical tips, I’d say apart from the basics (i.e. building a strong foundational knowledge in your chosen niche, working on the succinct legal drafting/writing skills (again something not given enough attention to during law school) …

Find a sponsor within your firm and a mentor outside. It is very important to build trust based networks and have someone back you within the organisation who genuinely is invested in your growth and development and a guide outside the firm, you can confide in and get the required support and learning. 

Is there a motto or guiding principle you’ve followed throughout your legal career? In addition, how do you see the future of alternative dispute resolution evolving, especially with technological and global shifts in the legal profession? How do you personally stay updated on the latest developments in dispute resolution?

Failure is not fatal, success is not final, it is the courage that counts~!

This profession especially requires a lot of patience and resilience. In my opinion, there is no scope for instant gratification in law. You need to be thorough and keep learning and updating your knowledge base. 

As for the impact of technology, we are definitely going to see some transformations. A lot of the tasks will be automated (are already being automated) which is potentially a good change because this may free up a lot of time spent by lawyers on admin/mechanical tasks and compliment the legal industry. As far as I’m concerned, I did attempt to get AI assistance at times, for presentations etc. I personally feel the problem of hallucinations needs to be solved, especially for legal tech AI – we cannot be citing wrong judgments made up by AI. Hopefully this will change soon. 

Lastly, I would part by saying the cliché, you have to be curious and keep upskilling yourself (whether it is knowledge or technology). The world is moving and transforming very fast and one needs to keep pace. Having said that, this doesn’t mean you lose out on life, loved ones or your hobbies/interests. Almost every organisation (in law or elsewhere) values these additional extra curricular skills. For me it’s the water, and related outdoor activities like sailing, kayaking, windsurfing. A weekend in the sea and I feel refreshed to take on the work week!

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