This interview has been published by Anshi Mudgal and The SuperLawyer Team
Could you walk us through your educational path from Gujarat National Law University to your LL.M. at the National University of Singapore and Master’s at the Graduate Institute in Geneva. What inspired you to pursue these advanced degrees, and how were you able to secure full scholarships at these prestigious institutions, if you could share with our young readers?
My legal journey started with a degree in law and commerce from GNLU, Gandhinagar. 5 years in Gujarat were incredible for me thanks to the people I met. I learned a lot and also developed a fondness for Gujarati language. My law school journey revolved a lot around mooting and internships. I got my first taste of international arbitration through a moot in Frankfurt in 2011. I graduated from GNLU with an all-rounder scholarship and joined the bar. Alongside law school, I had worked with some leading senior counsel including Mr. Mihir Thakore, Mr. Soli Sorabjee, Mr. Siddharth Luthra and Mr. Ram Jethmalani. However, I was guided by my mentors to join a junior counsel office upon my graduation where I would learn written and trial advocacy.
So fresh out of law school, I had the privilege of being a junior for two incredible lawyers Mr. Debesh Panda and Ms. Amrita Panda. While they are both married and work together, their styles are very different. In addition to their own stellar training as a junior to some of the greats like Mr. AK Ganguly, Mr. Rajshekhar Rao and Mr. Satish Manishinde, both of them had gained advanced academic exposure overseas and this showed in their finesse. I also worked closely with my colleague Mr. Naman Maheshwari who was senior to me and patiently guided me on practical nuances. Inspired by the journey of my seniors, I applied to the MIDS program in Geneva and was fortunate to get awarded a full scholarship to attend the same.
Living and studying arbitration in Geneva was amazing. The experience at MIDS is unmatched and the cohort, faculty and alumni go the extra mile in ensuring it. MIDS truly broadened my horizons and made me feel that I had unlocked new levels in a game that I had barely understood before. The chance to study under giants of arbitration like Gabrielle Kauffman-Kohler (my thesis supervisor), Emmanuel Gaillard, Zachary Douglas, Lawrence Boisson de Charzounes, Albert Yan Van Den Berg, George Bermann and others was a sumptuous treat. The learning from other members of the cohort is also enormous. After my time in Geneva, I got the opportunity to continue my education at The Hague Academy of International Law and the National University of Singapore (NUS) on full scholarships. At NUS, I got the chance to study arbitration under leaders like Lucy Reed and M. Sornarajah, and also study subjects like Oil and Gas law.
In my view, the key to cracking scholarships is demonstrating a balance between ability and inability to contribute. Ability to contribute positively to the cohort and the larger ecosystem if such an opportunity is given to you; as well as inability to contribute economically to access such an opportunity without assistance.
Your career has evolved from starting as an Advocate before the courts at Delhi to key international roles including at Drew & Napier LLC in Singapore. What motivated this transition, and how have these diverse experiences shaped your approach to dispute resolution and international arbitration?
My stint at Drew & Napier (DN) happened by chance. While I was at NUS, I was working with Dr. Michael Hwang as an intern. He suggested that I also try to gain some experience at one of the leading disputes teams in Singapore. I reached out to my first choice, DN and fortunately got assigned as an intern to the Chairman Mr. Jimmy Yim, SC. I assisted Mr. Yim and his stellar team on a few matters including an arbitration trial. In the middle of a hearing at Maxwell Chambers, Mr. Yim took me out during the lunch break to a nearby restaurant and graciously invited me to join his team full-time after NUS. I was initially hesitant as I had a practice in India to return to but, the world has seen very few charmers like Jimmy Yim.
And thus after NUS I joined DN under Mr. Jimmy Yim, SC who was leading the disputes practice. Mr. Yim is one of the fiercest advocates and a master strategist. He is gifted with an unparalleled understanding of people. I think that the incisiveness with which Mr. Yim cuts through to the relevant facts from a bundle of files should be a spectator sport for amateur lawyers. His presence in a room, be it a court, arbitration or simply a meal is unmatched.
I also worked under Mr. Mahesh Rai, the youngest ever equity partner in DN’s 130+ year history, and for good reasons. His journey is truly inspirational and I have never seen someone who can handle such large volumes of complex work with such regal finesses, and yet be a good boss and colleague.
Even till today I often prepare arguments thinking how would Mr. Yim argue this or think what would Mahesh say if he reviewed this draft of mine. I have tried to train my own team at Skywards Law based on much of what I learned from colleagues at DN.
During your time at Drew & Napier LLC in Singapore, you dealt with international arbitration and the laws of various countries. Can you share an interesting case or project from that time and how you think the Arbitration landscape in Singapore differs from that of India?
DN is one of the citadels of disputes practice in Singapore. While I was an International Lawyer at DN, I had the chance to do a variety of matters across sectors like commodities, construction, shipbuilding, oil and gas, aerospace, aviation, hospitality, entertainment and others.
I fondly recall being the associate in a 4-member team for an international arbitration against an Indian PSU. Our team which was led by Mr. Jimmy Yim, SC and Mr. Mahesh Rai, acted for a South Korean Chaebol in the matter and the quantum was upwards of 200 million USD. The opposite side was represented by Indian counsel and the tribunal was a mix of retired Indian supreme court judges and a leading British QC (now KC). The arbitration was seated in Singapore, governed by UNCITRAL Rules and Indian Law. The similarities and differences of Indian and Singaporean legal traditions in the background of an intense trial being held in Maxwell Chambers came to the fore repeatedly during that trial.
There is much similarity in the letter of Indian and Singaporean arbitration law (both are common law and model law following countries). However, there is a huge difference in the spirit with which it is practiced by lawyers and arbitrators. In my view, Singaporeans have a beautiful pragmatic way of approaching commercial dispute resolution. Everyone conducts their job with military discipline and is respectful of the fact that they are charging by the hour to provide exceptional quality and dedication to the mandate. Timelines are very short and everyone puts their heart into delivering exceptional work within truncated timeframes.
Perhaps some of it is also a result of their post degree legal education system. Singaporean legal training is far more rigorous at the start of one’s career than India, and it is an ongoing process throughout one’s professional journey. Their system of admission to the bar is far longer and rigorous than India. Moreover, their CPD points system ensures that lawyers keep up with advancements in the field every single year.
Another memorable experience is when Mr. Yim and I supported a client in the entertainment industry in securing a multi-million dollar naming rights agreement i.e. agreement for the name of a theatre, from a leading real estate company.
Your internship under Dr. Michael Hwang, the former Chief Justice of the DIFC, is a noteworthy achievement. How did working with such a distinguished figure impact your professional development, especially in international arbitration? Can you give an example of how this mentorship influenced your approach to subsequent arbitration cases?
I had the chance to work under Dr. Michael Hwang for a short while in 2017. My internship was the event that turned my distant admiration for his work into a personal rapport. My learnings from him, over the years, have had a profound impact on my life.
Dr. Hwang, who is today one of the most celebrated thought leaders in arbitration, has also been a fierce advocate, an exceptional judge (in Singapore and Dubai), a prolific writer, a teacher of the law and a philanthropist. He is also one of my absolute favorite legal war-story-tellers.
In addition to unparalleled credentials, his love for the development of arbitration law is something I resonate very closely. From writing seminal articles which were the genesis of terms-of-art in arbitration (like Guerilla-Tactics), to establishing the Michael and Laura Hwang Chair in International Arbitration at NUS. His actions have truly inspired generations of lawyers, judges and academics, and his singular impact on the practice of international arbitration is outsized.
For me, just spending quality time with MH (as he is fondly known in his alumni circles) is a growing experience that shapes perspectives on all cases that my team and I handle. Even till date, I speak to him on videocalls and try to catch an exceptional meal with him every time I am in Singapore. Further, his lessons in written and oral advocacy are ones that have helped our journey the most. We try to emulate parts of his style in the small and big elements of our drafting and speech.
Recently, I have had the chance of extending the privilege of Dr. Hwang’s guidance to members of my own firm and my class at NLU, Delhi. Dr. Hwang took the final class of my 55-hour seminar course on the topic Advocacy: The Arbitrator’s Perspective.
As a Partner at Skywards Law, you lead Dispute Resolution and represent clients in complex multi-party and cross-jurisdictional arbitration cases. Could you discuss your strategy in handling one such high-stakes case?
Skywards Law is a boutique law firm. Our strategy in every case and situation is bespoke. However, every strategy has to be grounded in a deep understanding of the facts and circumstances. In many cases that also includes developing an understanding of the underlying technical aspects. A mix of our training, experience, teams and specialized technology help us to pre-empt issues and resolve legal matters efficiently.
In a recent arbitration involving a coal-related international transaction where we acted for a Singaporean entity, a dispute arose on various issues. The agreement, which provided for a three member tribunal, was governed by Singapore Law and SIAC rules. Upon digesting the facts and numbers we understood the need to balance costs with quantum. So we first got the proceedings converted to an expedited proceeding before a sole-arbitrator. Thereafter, we conducted the procedural hearings virtually and a final physical hearing in Kuala Lumpur (instead of Singapore). Using a few other strategies, we were able to get a favorable award within less than a year at a lower cost than initially estimated with substantial legal costs awarded to the client in the final award.
How do you foresee the future of international arbitration in the Indian legal landscape?
In my view, the future of international arbitration in India appears to be exceptionally bright. As the country emerges as a business hub with massive import and export of capital, goods and services, the preference of companies for arbitration (for international disputes) is clear due to its flexibility and efficiency when compared to alternatives. It is however, an imperfect system with much scope for tactics and abuse.
A key driver of this progress is the pool of exceptional lawyers who are not only acting for Indian clients but for global entities, who are acting as arbitrators, leading institutions and becoming thought leaders. Their expertise and dedication is building confidence in India’s arbitration ecosystem and making it increasingly attractive.
Legislative and judicial efforts towards bolstering India’s position have played a key role. For example the Arbitration and Conciliation Act has been amended multiple times with a view to fine-tune it and create a robust framework. The appellate courts have pro-actively supported the development of a judicial ecosystem that respects arbitration.
The ecosystem is further supported by the efforts of the bar and prominent Senior Advocates such as Mr. Gourab Banerji, our Attorney General and Solicitor General, Mr. R. Venkatramani and Mr. Tushar Mehta respectively, Mr. Gaurav Pachananda, Mr. Shashank Garg and many more.
While India is far from achieving its goal of becoming a global hub for international arbitration, I believe that it is much closer to this goal than it was just a few years ago. The proliferation of thought-leadership events like the Delhi Arbitration Weekend, the mushrooming of arbitration institutions and the wealth of jurisprudence and literature being developed on the topic are clear indicators of this growth.
In 2024, you were appointed as an Honorary Professor at the National Law University, Delhi. Could you kindly share insights about your academic journey with our readers?
Academia and the progressive development of the law have a special place in my heart. I have been teaching law for over a decade. I started teaching short courses on Investment Arbitration at my alma mater GNLU. I was also involved with some practitioner-oriented sessions at NUS and NALSAR. However, I started dedicating more time to academia after I moved back to India and set up Skywards Law.
Initially I taught a 40-hour seminar course on arbitration at the National Law School, Bangalore. Since the last few years, I have been teaching law on Friday evenings at National Law University, Delhi (NLUD) in alternate semesters. I teach a 55-hour seminar course titled “Practical Aspects of International Arbitration”. It is offered to advanced students who have studied arbitration as a subject previously.
The University, under the leadership of Dr. G.S. Bajpai was kind enough to appoint me as an Honorary Professor alongside some leading names from India and around the world. In this role, I try to be a catalyst to the University’s broader vision of developing a favorable academic ecosystem for arbitration, business law and international law. I also get the chance to support their thought-leadership initiatives and assist with innovative teaching experiments aimed at grooming young lawyers for the journey ahead.
What advice would you offer to young lawyers aiming to excel in International Arbitration, and could you recommend any resources to help them stay updated on the evolving landscape of the field?
My foremost advice to law students and young counsels is to have fun and enjoy the process rather than fixate on a future destination. International disputes practice is a highly competitive field in the practice of law. In the long run, this is a game of resilience over brilliance. Life is full of ups and downs, focusing on long term progress instead of short term gratification and optics. Focus on ‘doing’ over ‘being’. Excellence is the eligibility criteria for the higher echelons of the game and being a well-rounded personality will help you sustain your journey.
However, international disputes is a dynamic field with much scope for value addition and innovation in the short term. Young counsels should embrace this spirit and always seek opportunities, however small and try to do their best in it. Another advice would be to find good mentors and build long-term relations.
Young counsels can consider gaining practical insights from summer schools such as the Paris Arbitration Academy, Geneva Summer School, Basel Winter School, the Hague Academy of International Law etc. An LL.M. is not essential but goes a long way in building and boosting one’s career by getting you a seat on exclusive tables. Though these courses come with a significant financial commitment, there are various ways to secure funding. In my view, getting into elite programs is often more challenging than securing the funds for it.
Given your demanding career and professional obligations, how do you unwind and maintain a healthy work-life balance?
Maintaining a healthy work-life balance is integral to sustainability in a demanding profession. Temperament and balance are very important for a lawyer to remain objective and efficient. I believe that taking breaks and pauses help a lot. I also believe that philosophical concepts like joie de vivre and pursuit of happiness are very important and thus I intersperse my work life with experiences beyond the law that bring me joy and happiness.
As an avid traveller, I try my best to take multiple trips every year. Some of these are vacations, some are weekend getaways and some are just extensions to work trips. So far, I have travelled to over 30 countries and over 200 cities. I look forward to exploring more destinations in the Americas and Africa in the near future. I enjoy travelling alone, with my wife (who is a former travel journalist) and with friends and with family.
Music is another constant companion in my life. I have a deep love for exploring new musical creations across genres and artists from around the globe. The creative genius in music continually amazes me, reminding me of the boundless possibilities of human expression. Audiobooks have also become an essential part of my routine, especially as they fit seamlessly into busy schedules. Whether I’m driving, waiting for a meeting or at the airport. Skilled narrators made the process of consuming books easy and incredibly relaxing.
I also get to maintain a balanced life due to my stellar associates (gratitude shoutout to Eshan Chaturvedi, Arijit Sanyal and Arundhati Kale), and colleagues from other teams at Skywards Law who accommodate my schedules with patience and optimize my time efficiently.
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