This interview has been published by Namrata Singh and The SuperLawyer Team
Could you share the story of how you began your career in law? What motivated you to pursue this path, and how has your journey evolved from your early days at Gujarat State Petroleum Corporation Ltd to your current role at Hitachi Energy?
It has been a journey from experiment to passion. Although I had opted for Science and Maths when I was doing higher secondary in School, I was clear I would not pursue engineering and wanted to try my hand at something different. I tried getting admitted to a few merchant navy schools. Thereafter, found law to be an exciting upcoming career choice.
Pursuant to taking exams at various law schools (pre-CLAT era), I was admitted to the National Law University Jodhpur. The Hon’ble Vice Chancellor, Mr. N L Mitra, had a truly inspiring vision for the law school. It was my first meeting with Mr Mitra, post-admission, that gave me confidence that I had made an excellent choice.
I had done my specialization in IPRs and however fate had other plans. I opted to join a company as an in-house counsel. My first job at GSPC Legal Department, taught me the 3 most relevant capabilities, an in-house lawyer should possess (1) Attention to detail (2) Reading the facts at hand, meticulously (3) Research skills.
From GSPC I moved to BHEL at their Corporate Office in New Delhi. BHEL is a mammoth organization, with numerous law officers. The variety of work and the exposure at BHEL was incomparable. I handled numerous disputes along with International arbitrations as well. I had the opportunity to brief and to interact with Senior Counsels quite frequently. 2016, I moved to the Industry Sector Division of BHEL, which was more focused on new businesses and I got to work on agreements pertaining to renewables and e-mobility. This gave a new insight, wherein the focus shifted from being a lawyer to becoming a Business lawyer. Business lawyers are not only supposed to provide opinions in ‘YES’ or ‘NO’, but to provide solutions that can operate in the best interests of the Business.
Same journey of developing self as a specialist Business Lawyer continued to my current role at Hitachi Energy. With the varied experiences of working and Government organisations as well as Private firm, the perspective as a lawyer has improved and the focused attention is on Business requirements, at the same time highlighting the risks involved and providing mitigation solutions to the said risk. Therefore, a journey which had started as a student looking for career choices, to an experienced In-house counsel is enriching and could not have asked for better experience
After completing your law degree, you joined Gujarat State Petroleum Corporation Ltd. Was that simply an opportunity that came your way, or had you already decided that you would focus on corporate legal work rather than pursuing a career in litigation? What factors influenced your choice at that stage?
As I have already mentioned, I chose to join a company as a Corporate Lawyer. I did not want to get into litigation since I don’t belong to a lawyer’s family. During Campus recruitment I got offers from Zydus Cadila and GSPC. GSPC being energy sector, seemed a more lucrative choice. The factors that influenced my choice were (1) Getting a career choice, wherein Litigation is not involved (2) GSPC being in Petroleum/energy sector, which is most promising sector even as on date. (3) Getting to know nuances of working a public sector.
Reflecting on your experience representing NLU Jodhpur in the 12th Inter-American Human Rights Moot Court Competition, how did this experience shape your approach to real-world legal challenges? Do you see any parallels between moot court competitions and your work today?
I went as a researcher and obviously, the experience was outstanding in terms of providing an exposure to interact with teammates from all across the globe. Also, exposure of knowing perspective of international judges and panellists was more than what anyone could have asked as a student. A moot court competition cannot be compared to and real life work, however, if it’s a real life situation or a competition, practice and preparation are the key to be successful in your deliverables.
Given your vast experience in contract negotiations and dispute resolution, what are some of the most significant lessons you’ve learned that you believe could benefit the next generation of legal professionals?
Contract negotiations are not yet that developed in India as compared to Cross jurisdictional negotiations. The opportunity of Legal to Legal interaction is comparatively lesser. From the other party the person negotiating can be Contract Manager, Procurement head or even a Marketing person. Therefore, the key is patience and also translating your legal acumen into a language that is understood by the other person, irrespective of his field. Logical and clearly articulated reasons are the key to successful negotiations.
In case of negotiations with Lawyers, the key is to stick to your course of argument and to provide a reasoning which cannot be denied. Opposite side lawyers are also generally more focussed on resolving the deadlock because that is what is expected in a business organization. Cross Jurisdictional negotiations are generally based on other factors such as culture etc. that can influence the negotiations.
Your experience includes handling both domestic and international arbitrations. How do you approach the complexities of these cases, and what advice would you give to young lawyers aspiring to specialize in arbitration?
It is sad that arbitrations have neither proven to be cost effective, nor do they save on time. We are defending a Section 37 application in respect of arbitration award that was passed 10 years back. As a business organization, the huge costs incurred in Arbitration can be huge hit to the business. Therefore, emphasis should be more on pre-arbitration dispute resolution mechanisms such as mediation/conciliations. The contractual conciliations are also given more importance and the decision of the conciliation panel is also given relevance. All these mechanisms have grown in importance because of the costly resolution that arbitration offers.
How important is it for legal professionals to have a global perspective in today’s interconnected world?
Global perspective is most important for lawyers these days. This not only opens up opportunity for cross jurisdictional hiring, however in a managerial role the expectation is to be conversant with laws of Jurisdictions the business operates. Therefore, it is not an additional qualification but mandatory expectation in a business firm working in different jurisdictions.
Along with the above, India offers a talent HUB who can cater to different Jurisdictions. Like engineers and other professionals, Lawyer Hubs are also being developed across organizations who can cater to different jurisdictions. Young aspirants therefore having cross jurisdictional expertise have good chances of being absorbed in MNCs.
Recovery proceedings and insolvency cases are critical areas of your expertise. How do you navigate the intricate legalities involved in these proceedings, and what role does innovation play in resolving such disputes effectively?
Litigation strategy formation is the key for any success. Once a dispute/situation is at hand, the key is to analyse all the pros and cons and to evaluate best course of action. This analysis includes reviewing the costs involved, the time a probable action would take and also will the desired objective be met if a proceeding is opted. The insolvency although not a recovery proceedings, has been proven to be a very effective measure to deter companies to pay genuine dues. Interim injunctions also have proven to be a effective coercive measure against the parties, so that desired results are obtained.
The legal profession can be demanding and stressful. How do you maintain resilience and mental well-being in such a high-pressure environment? Any hobbies you pursue that help you to unwind?
Mindfulness is key for every lawyer. “We live in times where we forget the Present” . Lawyers are poor listeners and also with the ever increasing pressure, the mind is constantly at work. Therefore, overthinking cannot be avoided. Mindfulness activities such as meditation and other mindful activities can help train the mind to be focussed on the problem at hand. Stress is caused when you are thinking about a problem or for issues you have no control. Once mindfulness is inculcated as part of daily practice, stress can be reduced tremendously. There is also no stress when you actually love what you are doing at work.
Disclaimer – Views expressed are personal to Puneet Vyas and does not represent views of Hitachi Energy.
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