This interview has been published by Namrata Singh and The SuperLawyer Team
You’ve had a remarkable career spanning over a decade in Civil & Commercial Litigation, Arbitration, and Protection of Intellectual Properties. What initially drew you to pursue a career in law, particularly in these specialized areas?
Reflecting on my journey, it’s incredible to see how far I’ve come since my early days. My interest in law began in an unconventional way. As a science student, I realized that engineering wasn’t my path, supported by my teacher’s advice to explore other options. This pivotal moment led me to law school, where I found myself torn between corporate law and litigation. Ultimately, my passion for the dynamic and strategic nature of litigation drew me in.
During my time with Justice Rajiv Sahai Endlaw (Retd.), I had the privilege of observing numerous court proceedings. This experience deepened my appreciation for the intricacies of Civil & Commercial Litigation, Arbitration, and Intellectual Property laws. The strategic thinking required in these fields captivated me, particularly the dynamic nature of the work, which allows me to serve a diverse client base. Working on matters deeply entrenched in business operations demands meticulous examination, precise contract interpretation, and strategic planning. This complexity and the need to understand different business operations truly cemented my decision to specialize in these fields.
My journey in litigation truly began when I found myself managing several matters in a litigation chamber. The immense challenge pushed me to my limits and beyond, but it also provided vast growth opportunities. Winning independent cases built my reputation and boosted my confidence.
Joining Dua Associates marked a significant milestone in my career. Here, I found a place that resonated with my values and aspirations. Each dispute I handle presents unique challenges with intricate questions of fact and law. I thrive on the intellectual rigor required to navigate these complexities and derive immense satisfaction from crafting innovative legal solutions that align with my clients’ best interests.
You’ve been involved in a wide range of high-stakes cases, from defending Fortune 500 companies to representing public sector undertakings. Could you share with us one of the most challenging cases you’ve handled and how you navigated through it?
One of the most challenging cases I handled was defending a Fortune 500 company against an injury claim that arose from a chemical disaster. The brief provided in the case was very unique and extremely challenging, posing very peculiar factual and legal questions for determination—questions that had not been previously considered or dealt with. This one-of-a-kind case involved multiple jurisdictions, requiring an in-depth review and examination of a voluminous record dating back nearly three decades.
The case also necessitated a thorough study and examination of key principles concerning jurisdictional arguments, particularly from the US standpoint. I played a key role in developing the strategy, coordinating with external counsels, and managing the litigation process. My approach was meticulous, ensuring that every detail was scrutinized and every possible defence explored.
This experience taught me the importance of strategic planning and thorough preparation. Ultimately, our team secured a favourable outcome for the client, which is now one of the leading cases of the Constitution Bench of the Supreme Court. This outcome was a testament to our rigorous and coordinated efforts, and it reinforced my belief in the power of teamwork and meticulous legal strategy.
Your profile highlights your involvement as Amicus Curiae with the NCDRC and your recommendation by Legal 500 Asia Pacific Guide. How have these experiences influenced your approach to legal practice and your career trajectory?
Being appointed as Amicus Curiae by the NCDRC was a significant milestone in my career. Having the privilege of working on several consumer disputes, this appointment was a testament to my consistency before the forum. It allowed me to provide impartial advice and support on complex service-deficiency appeals, enhancing my understanding of consumer protection laws and judicial processes. This role honed my analytical skills and reinforced the importance of ethical practice. I hope to make a significant impact on consumer jurisprudence through my continued efforts in this area.
Similarly, being recommended by the Legal 500 Asia Pacific Guide for ‘Dispute Resolution-Litigation’ was a recognition of my expertise and dedication. I am grateful for the springboard provided to me by SKV Associates and the platform Dua Associates, which have both played crucial roles in honing my skills. Recognition such as this helps enforce the belief in one’s abilities. But I firmly believe that wins, whether big or small, do not necessarily equate to favourable outcomes. Often, an acknowledgment from the presiding judge, adversary counsel, or positive client feedback can be equally gratifying.
Dispute resolution often provides instant gratification, whether it comes from a favourable ruling or a simple nod of respect from peers and clients. These moments keep me motivated and committed to my work, driving me to pursue excellence and integrity in every case I handle.
With such extensive exposure across different courts and tribunals in India, including the Supreme Court, what have been some of the key lessons you’ve learned about effective litigation management and strategy?
One of the key lessons I’ve learned is the importance of preparation and adaptability. Effective litigation management requires a deep understanding of the case, meticulous preparation of evidence and arguments, and the ability to adjust strategies as proceedings develop. Collaboration with clients and colleagues is crucial to ensure all perspectives are considered and the team works cohesively.
Being thorough with the facts is essential. Detailed notes and a list of important dates, especially in extensive briefs with multiple orders, assist in memory recall and guide the presentation of correct facts before the court. Clear and concise communication, written and oral is vital for presenting compelling arguments and ensuring the court understands the case’s nuances.
Sound and comprehensive pleadings must be backed by thorough legal research. While legal arguments can evolve, their foundation should be in the pleadings. Pursuing litigation with vigilance and attention to detail is crucial, as some cases are won on finer points. It’s important to focus on research, know the case against you well, and be prepared to distinguish facts if necessary. Always run an authority check before citing cases.
Strategically, it’s crucial not to lose sight of the long-term objective while pursuing interim reliefs. Always know the end goal from the client’s perspective while developing your strategy. Adapt strategies as proceedings develop, and don’t reveal all your arguments at once. Hold back some arguments for the right stage in the proceedings. Learn from setbacks and remain practical.
These lessons have been instrumental in achieving favourable outcomes for my clients and have reinforced my commitment to excellence in litigation management and strategy
You’ve also delved into trade remedy laws and anti-dumping investigations, securing significant outcomes for your clients. Can you explain the intricacies of these areas of law and how they impact your clients’ business operations?
Trade remedy laws and anti-dumping investigations are critical for protecting domestic industries from unfair trade practices. These areas involve complex legal and economic analysis to determine whether imports are being dumped and causing injury to the domestic industry. This specialized field requires a deep understanding of legal frameworks and industry dynamics.
Anti-dumping duties are imposed when foreign companies sell goods at prices lower than their home market or production cost. These duties typically last five years but can be extended or revised if a review investigation finds the conditions for duty imposition continue to exist.
In any anti-dumping investigation, a proactive approach is essential for exporting companies to defend their interests, mitigate risks, and maintain their competitive position in the global marketplace. The concepts of dumping and injury are central to assessing the impact of imports on the domestic industry and determining the need for anti-dumping measures to restore fair competition and protect domestic producers.
Dumping occurs when a foreign company sells its goods in an export market at a price below the price it charges in its home market or below the cost of production. “Injury” refers to the harm or adverse effects suffered by the domestic industry as a result of dumped imports. When determining whether to impose anti-dumping duties, the authority assesses whether the domestic industry has been materially injured or is threatened with material injury due to the dumped imports.
To evaluate injury, the authority examines various economic parameters of the domestic industry, including production, sales, market share, and profitability. The third relevant criterion for recommending duty is the causal link between the dumped imports and the injury.
My role involves representing clients in investigations, preparing detailed submissions, and regularly appearing before the authority. Favorable outcomes, such as duty waivers or reduced duties, significantly impact my clients’ business operations by protecting their market share and viability.
Trade remedy investigations and appeals are not just about legal principles but also involve detailed facts, data analysis, and presentation. An in-depth understanding of production processes, industry-specific dynamics, and the ability to gather material information by closely working with clients on data assimilation and analysis is crucial.
Being part of the actual investigation process provides an edge in cases where appeals are filed before competent Tribunals and higher courts. Navigating these intricacies demands meticulous legal and economic analysis, a thorough understanding of the client’s industry, and strategic thinking. By mastering these complexities, I have helped my clients achieve favorable outcomes and protect their business interests in a highly competitive global market.
Transitioning from an Associate to a Partner at Dua Associates is a significant achievement. What advice would you give to young lawyers aspiring to advance their careers in law firms, especially in competitive fields like litigation and arbitration?
For young lawyers, proactive engagement and continuous learning are key. To build expertise in your chosen field, dedicate yourself to tackling challenging cases and stay updated with the latest developments through regular reading. Take advantage of technology for efficient research even during court waiting time.
Specialization is increasingly important today. Identify your area of interest early and seek mentorship from experienced colleagues. Stay current with legal trends and enhance your skills through practical experience. Consistency, a strong learning attitude, and initiative are vital.
Networking and fostering professional relationships are equally critical. Showcase your value with consistent, high-quality work and reliability. Balancing professional growth with personal well-being ensures sustained success and fulfilment in your legal career.
You’ve published articles on Intellectual Property Rights, Arbitration, and Trade Remedies Laws. How important has thought leadership and staying updated with legal developments been in shaping your professional journey?
Thought leadership has been crucial to shaping my professional journey. Publishing articles on Intellectual Property Rights, Arbitration, and Trade Remedies Laws has kept me abreast of legal developments and enabled me to engage deeply with emerging trends in my fields of expertise. This commitment to staying informed allows me to provide cutting-edge advice and innovative solutions to complex legal challenges for my clients.
Moreover, my thought leadership has cultivated a strong passion and enthusiasm for the intersection of technology and law. Areas such as data privacy, navigating challenges within current criminal laws in the context of artificial intelligence, responsible adoption and policy frameworks for AI, and the interplay between intellectual property and AI, including gaming laws, have become focal points of interest for me. This exploration fuels my continuous learning and enhances my ability to contribute meaningfully to the evolving legal landscape
Finally, for fresh law graduates entering the legal profession today, what advice would you offer based on your own experiences and the evolving landscape of legal practice?
To fresh law graduates, I would say that the legal profession offers immense opportunities for those who are passionate and dedicated. Focus on building a strong foundation by gaining practical experience and learning from every case and client interaction. Embrace the evolving landscape of legal practice, particularly the integration of technology and data analytics, which are becoming increasingly important. Develop strong research, analytical, and communication skills, and be open to continuous learning. Networking and building professional relationships will also play a crucial role in your career. Most importantly, uphold the highest standards of ethics and integrity, as these principles will guide you throughout your career. I’ve learned that success often arises from unexpected situations and that embracing change is a vital part of growth. To all the young lawyers and aspiring legal professionals out there, remember that your path may not always be clear, but every step forward, no matter how uncertain, is a step in the right direction. Embrace the challenges, seize the opportunities, and keep moving forward with unwavering determination. Your journey may surprise you in the most wonderful ways.
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