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

With a decade of experience in commercial disputes, what initially inspired you to pursue a career in law, particularly in the area of dispute resolution?
So I did not really have it all figured out for me initially when I was making a career choice. Like most teenagers, I was confused and didn’t even know what I wanted to do. I had done 11th and 12th grade in the Science stream and at that point of time I had never fancied a career in law. I was more inclined towards doing either medicine or any other para medical field. Due to some family circumstances at that point in time, I was unable to pursue medicine and had to fall back on the next best career choice. The confusion did not end here. I saw both law and journalism as reasonably good career options. While the power that came with being aware of our rights inspired me to pursue law, I was equally enticed by the power to make a mass impact that came with being a journalist. I wanted to be able to make some sort of impact in what I did, so I secured admission in a journalism college on the same day when the first merit list at GLC was to come out. But as life would have it, something made me realise that I can make an impact even by pursuing law. So I left the admission secured in journalism and signed up for the five year law course instead. That was how I began my journey in law.
After earning your degree and being designated as a Solicitor, how did your early experiences in litigation at various law firms help shape your approach to handling complex commercial disputes? What were the key lessons you learned during this period?
While in my 4th year of college I made an unconventional but conscious choice of signing articleship for 3 years for qualifying as a Solicitor with a small boutique law firm in Mumbai which was primarily into dispute resolution. Even after qualifying as a Solicitor I continued working at this firm for a couple of years before I moved to a bigger firm. I was fortunate to be exposed to some very sensitive matters at this time including arbitrations, suits and writ petitions that were both complex and high value. So right from the start I was directly put into the hot tub and had to find my way into understanding complex commercial disputes and finding ways to resolve them. I believe that it was the training that I received during this time which set an extremely solid foundation for a decade of my career in dispute resolution that lay ahead. Many litigation lawyers are often given the advice that you must start practicing with the smaller courts, because this is where you actually learn the nitty gritty of trial and procedure. I did quite the opposite. I started my career with litigation in the Bombay high court and even supreme court, and quite honestly, I think it worked out beautifully well for me. The precision that is required for handling complex disputes in the higher courts forced me from the very start to pursue accuracy in whatever I was doing. Since the stakes in every matter that I was handling were high, there was very little room for error, which forced me to check, and re-check my work which was, I think, an extremely essential skill that one needs to develop in this profession. As far as nitty gritty of procedure is concerned, in my experience, I did handle a fair amount of disputes in the lower courts as well, and to be honest, I felt that the higher courts followed a more precise way of following the procedure with lesser adjournments and delays and more precision in interpretation of the law. Another key lesson that I learnt in my initial years at law firms was how to handle clients. Client counseling is a skill that is extremely crucial for the purpose of understanding a dispute and then effectively resolving it. Exposure to different kinds of clients, both corporate and individuals, understanding the dispute, understanding what exactly is the remedy that they are seeking, these things were extremely important. A client himself can make or break his own case and to get the right information out of the client is sometimes a very underrated skill. So these were some of the key learnings that I had during my initial years.
You have significant exposure to both domestic and international arbitration. Can you share how these two spheres differ in terms of legal approach and challenges, and what has been your strategy for effectively navigating both?
I believe, earlier on, while institutional arbitrations were not as popular in India, and ad hoc would be the natural first choice of parties, there was a vast difference in the way arbitrations were conducted in India and Internationally. Thankfully, the UNCITRAL and CIArb have done so. Post the 2015 amendment and the increasing pro-arbitration jurisprudence in India, the gap has narrowed down quite a fair bit . For example, something as simple as fast track arbitrations or document-only arbitrations was a concept India was oblivious to until recently. Fair to say that on interpretation of the law, there were not much difference in the approach, however International arbitrations have their own challenges when it comes to costs of arbitration. However, more than the arbitration proceeding itself, the major difference, which I believe will always exist, is in the system of the courts of various jurisdictions in challenges to the arbitration award or the arbitration procedure. The best strategy to effectively navigate both kinds of arbitration is to be open to learn, no matter how experienced you are in the profession, to be flexible in your approach to learning and most importantly to be observant of the smallest details.
As a Fellow at the Chartered Institute of Arbitrators, how has this designation enriched your skills and approach to arbitration?
I had taken the Accelerated Route to Fellowship, from CIArb London and I must say it went a long way in widening my knowledge of arbitration. The standards of procedure and conduct of international arbitration was meticulously explained by CIArb and the method adopted to teach during the course was key in building skills which are absolutely essential for a successful career in arbitration. The study was a rigorous one, which contained case study based, and unconventional questions, which forces one to think out of the box and present solutions. It ended with a rigorous award writing assessment, which further trains the mind to think from the arbitrator’s perspective and balance equities in a dispute. CIArb is also an internationally acclaimed standard and exposed me to a network of some of the brightest minds in Arbitration. I highly recommend budding arbitration practitioners to pursue the fellowship from CIArb to widen their knowledge and network.
In your current role, you focus on banking/real estate litigation and advisory relating to enforcement of security by Financial Institutions . What are the most common challenges faced by financial institutions in these areas, and how do you tailor your legal strategies to meet their needs?
In my current role I work on complex matters relating to recovery of stressed assets by financial institutions as well as Banking and real estate related litigation. I have come across cases with large amounts of money which turn into non-performing assets for these financial institutions due to the default of the borrowers. Most commonly, the challenges faced by these financial institutions comprise of dealing with fraudulent transactions made by the defaulting borrowers like multiple sales of their security, siphoning of monies and even forgery. Another major challenge faced by these institutions are the legal complications that arise due to the interplay of various laws in the country like RERA, SARFAESI, Transfer of Property Act, Slum Rehabilitation Law and general laws that sometimes form an impediment in enforcing their security effectively and delay the recovery process. My job in my current role is to work on effectively designing the best legal strategies for helping the clients achieve fast recovery of the stressed assets in the most efficient manner, and thereafter to implement that strategy, which may contain a combination of remedies. The most effective way of doing this is to keep myself abreast with the latest legal developments in banking and real estate related law and applying the latest law to the peculiar circumstances of the given case in order to come up with the best way forward.
Given your diverse background, what do you think are the key skills and qualities a lawyer needs to thrive in the fast-evolving legal environment, particularly when dealing with multi-jurisdictional disputes or complex financial matters?
I think the 2 most important skills that a lawyer needs, in order to thrive in the fast evolving legal environment, is preparedness and humility. I always believe it is extremely essential to know your brief like the back of your hand. Preparedness in law is a tool that can make a lawyer formidable. This must be coupled with humility. As our senior Mr. Fali Nariman put it, I quote : “The moment you say, you know everything, I’m afraid, that’s the beginning of your downfall.”
In addition to your demanding legal practice, how do you maintain a healthy work-life balance? Are there any personal habits or practices you find particularly useful in maintaining focus and achieving long-term success in your career? What strategies do you use to remain calm in high-pressure situations?
I am sometimes unable to stay consistent, but I do follow some sort of physical exercise for half an hour in the morning. It could be home work outs or yoga or just stretching exercises. Physical movement works wonders to keep the mind balanced and cope with stress. I also try and make it a point to travel whenever I get the opportunity. Also, meditation and spending time with Animals or in nature goes a long way to give the mind the much needed pause and refuel back into action. I read this somewhere and I believe it is so important for everyone in the hustle culture to know this- “Rest is not taking the foot off the gas, it is putting fuel in the tank” .
What advice would you offer young lawyers who wish to specialize in arbitration and build a successful practice similar to yours?
Few things: 1. Never be lazy to read. Know the difference between just reading something mechanically and understanding what you read. 2. Organise your brief well. We often underestimate the impact organisation has on productivity and when dealing with voluminous papers and proceedings, organisation can sometimes make or break your case 3. Cultivate the practice of updating yourself with the latest judgments. Arbitration as a practice area is evolving very fast with jurisprudence changing almost every day. Keeping abreast with the latest law makes a huge difference when it comes to advising clients.
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