This interview has been published by Anshi Mudgal and The SuperLawyer Team
Sir, you have extensive experience advising and representing clients across diverse legal domains. Looking back, what initially inspired you to pursue a career in law? How did your integrated B.S.W., LL.B. degree from Gujarat National Law University shape your early understanding of the legal system and its role in society?
Firstly, thank you for inviting me to your platform to share my journey. From a young age, I took a keen interest in public affairs. I religiously read the newspapers and followed the news on television. The dynamics of politics, society and international affairs fascinated me. To me, the study of law seemed like the perfect pathway to enter public life. I felt, and was also advised, that the subjects one would study in law school would hold me in good stead in achieving my goals at that point in time. So, that is how I found myself in law school. It is a different matter that at present, I’m doing something slightly removed from public affairs in the way I understood it as a teenager. But then again, litigation also intersects with public affairs, so I am content doing it.
As far as choosing BSW as my stream in law school goes, it was entirely by happenstance. I was allotted GNLU after the third round of CLAT counselling, by which time seats in my preferred Bachelor of Arts stream were unavailable. Given that BSW also aligned with my career objectives at that point of time, I decided to take the plunge. There was some trepidation, given that we were the first batch that was being offered this course. However, looking back, I have no regrets, given that it exposed me to a range of experiences, especially in the course of field work in rural areas, that I would otherwise not have had.
In the early stages of your legal career, what were some of the key formative experiences or challenges that deepened your understanding of the law and helped shape the direction of your professional journey?
Before I joined law school, I had a vague idea that the practice of law is demanding. It was during my internships while in law school that I got my first glimpse of what it actually meant. I had the privilege of doing most of my internships in Delhi at the Supreme Court and Delhi High Court. At first, I was star struck, seeing stalwarts of the legal profession in such close proximity. Over time, I saw them in action and gradually, began to recognise the mastery in their craft. Often, the fees charged by top lawyers get the spotlight, but what people do not see is the years of effort, hard-work, dedication and sacrifice that precedes that. Being exposed to that environment gave me a sense of what it takes to succeed in the profession. I, very reluctantly, came to terms with the fact that the conventional notions of work life balance would have to be foregone. After all, one has to work seven days a week for most of the year. Professional life is often fast paced and dynamic. It is certainly not for every personality type. At the same time, the profession also offers a sense of fulfilment and reward, provided the right effort is put in. Therefore, if one is able to accept the trade-offs, the profession can be deeply rewarding.
It was also during my internship phase and subsequent professional life that my understanding of the law truly started taking shape. It’s still an ongoing process. For me, it was essential to move beyond books and see the law in action to truly internalise it.
What was your motivation behind taking the England & Wales Solicitor Qualification Exam (“SQE”)? How has your dual qualification influenced your approach to your practice area?
My decision to prepare for the SQE was guided by multiple factors. Primarily, I believed that since the Indian legal system is largely derived from English law and is relevant to some extent in shaping Indian jurisprudence, pursuing it would be a good idea. The area of English law that I was keenest on learning was civil commercial law, which is especially relevant to my practice area. It has a rich jurisprudence dating back almost three centuries and continues to be the preferred legal system to govern a range of commercial contracts. A hallmark of English law is that it has adapted itself over time to facilitate commerce by balancing predictability and flexibility. That is why it continues to be referred to for guidance across the Common Law world. I was eager to learn about its development in greater detail.
Preparing for the exam was a unique experience, offering its share of excitement and overwhelm. It felt like going through law school again with the advantage of some professional experience, which made grasping concepts easier. The fact that Indian law aligns with English law in many aspects also helped. For me, being exposed to facets of civil commercial law and civil procedure were deeply enriching. It was remarkable to see the level of detail with which the Civil Procedure Rules along with the practice directions dealt with. Another subject which fascinated me was Equity and Trusts. It did not occupy a prominent position in Indian law school syllabi at our time. However, once I entered the profession, I understood the importance of this body of law, especially to my practice area.
On the whole, studying for the SQE certainly broadened my perspective on my legal practice, which I try to bring to bear in my work. One example that comes to mind is the guidance on steps to be taken and best practices at different stages of a litigation (from pre-claim to execution) are pieces which I have sought to incorporate into my practice.
You’ve represented and advised clients in and relating to both, domestic and international arbitrations. What are your thoughts on the evolution of the arbitration landscape in India and where it stands in the international landscape?
One of the most important considerations while incorporating arbitration clauses in contracts is the choice of seat, given its ramifications on the conduct of the arbitration and enforceability of the award. While choosing a seat, parties would essentially look at whether the legal framework, predisposition of courts and the general structure of the legal system is favourable to aiding arbitration, from the interim measures stage to enforcement of the award. In the last 15 years, there has been a concerted effort in India to encourage arbitration, be it through judicial decisions or legislative change. Pain points have sought to be resolved. The general trend has been positive. After all, it must be recognised that to attract and encourage trade and commerce, India needs to provide an effective and efficient dispute resolution mechanism to businesses. Arbitration provides a potential answer to this. However, one hurdle that is yet to be overcome entirely are the delays in courts processes, right from appointment of arbitrators to hearing challenges to awards. This is primarily a consequence of the heavy roster of Indian judges. This structural bottleneck would have to be addressed if India is to compete as a hub of international arbitration. Here again, the general trajectory has been in the right direction. We must also recognise that the effect of changes sought to be made will not appear overnight. We can certainly be hopeful that in the coming decade, India will occupy a more prominent role in the international arbitration landscape.
As a Principal Associate in Khaitan & Co’s dispute resolution practice, you’ve dealt with complex matters across insolvency, arbitration, and constitutional litigation. Can you please talk about some of the key strategic and legal insights from your experience?
Without going into the specifics of matters, one of the significant learnings from my professional life is that no matter how good or bad a client’s case might appear to be, its ultimate outcome is far from certain. Therefore, while humility is the order of the day in all situations, it assumes even more importance when your client appears to be on a strong footing. One must never let their guards down.
On the other hand, even when your client does not appear to have the best of cases, earnest effort can get your client a result favourable to it in the circumstances. Essentially, the outcome of a case is not always black and white in terms of winning or losing. There are a range of outcomes in between which can be of tremendous help to clients. It is, therefore, important to understand the Client’s needs and devise strategy accordingly. While the Client should be given an accurate account of the merits of their case, it should not influence how you defend the case.
Finally, and perhaps most importantly, lawyers must remember that they are officers of the court and they have a responsibility to assist the court in arriving at the right decision. Therefore, it is important to strike a balance between the responsibilities towards your client and the court.
Also, while litigation strategy is essential, it has to be balanced with thinking on the feet. We operate in a dynamic environment, where evolving circumstances might require a complete reorientation of strategy. Therefore, it is important to develop the muscle to deal with such changes.
With your interest in public policy and sports governance, what institutional or regulatory reforms do you believe are most needed in India’s sports ecosystem? Are there specific areas where legal intervention could drive meaningful change?
The need of the hour is to ensure good governance of sports governing bodies (“SGBs”) so that the interest of athletes is at the forefront. A report by the Indian Express earlier this year highlighted that 770 sports-related litigations pending in courts across India, out of which more than 200 related to governance of the SGBs. This means that valuable energy and finances that could have been used to support athletes is being diverted towards other causes. Ensuring that SGBs get their houses in order is essential so that athletes can receive the support they need and deserve. There are numerous accounts of athletes having to fight against the system to achieve their goals. If we are to become a sporting nation, reform of SGBs is fundamental.
The Union Government has taken several steps in the right direction. The Draft National Sports Governance Bill, 2024 which was published for public comments in October 2024, offers some hope. The Minister for Youth and Sports Affairs recently announced measures to foster more accountability from National Sports Federations. However, it must be remembered that sport is a State List subject under the Constitution. Therefore, the onus is on states to ensure good governance of SGBs at the State and District level. Orissa has shown the way in this regard. Moreover, it is critical to understand that to build India’s sporting credentials, we cannot look at the government for all our solutions. Private sector involvement and investment has to be facilitated across sports. For that to happen, a favourable sporting ecosystem conducive to investment has to be created, which takes us back to reform of SGBs. Private players will be wary of supporting sports which are not well administered. On the other hand, if the sport is being administered well, it will naturally attract private sector support. Rugby India is a case in point. Despite not being a major sport in India, it has managed to secure private sector funding because it is well governed and is more likely to achieve its targets, however modest they may be, than a sport which is more prominent but ill-administered.
What advice would you offer to young lawyers aspiring to work in the dispute resolution practice in a law firm? Were there any particular habits, values, or resources that played a significant role in your own professional development?
In a law firm, you don two hats- one of a lawyer and the other of a businessman. The latter does not get highlighted enough. As a junior, you are so engrossed in the minutiae of the legal side that the business side gets neglected. Before you know it, you are eligible for partnership and to stake your claim, you must show your business building credentials. It is then that you truly start focusing on it. While it is certainly true that the initial phase of your career should be spent honing your craft, some time should also be devoted to learning the business of law. As you move up the ladder, the amount of time you devote to it would necessarily need to go up. So, my advice to those aspiring to work in law firms would be to start learning the business of law early in your career so that you don’t have to endure baptism by fire.
As far as values go, the ones that have served me best are responsiveness and reliability, be it with colleagues, clients or even the Bench. These are fundamental to success in a service industry like ours.
To develop professionally, I have tried to push myself out of my comfort zone by embarking on educational endeavours frequently. Time is always a constraint but I have never let that be an excuse.
Finally, as lawyers, it is important to remain updated about developments in my practice area. It is also essential to anticipate areas where I could bring my professional skills to bear in the future, so that I can position myself accordingly. To this end, I try and read about developments and trends within and outside the law on a daily basis. I immensely enjoy reading and learning new things. I love that I’m able to do that in this profession.
Given the high-pressure nature of litigation and arbitration, how do you maintain a healthy work-life balance? Are there specific practices, routines, or philosophies that help you stay grounded, focused, and resilient in your career?
As I said before, to work in the law, you have to forego conventional notions of work-life balance. However, that does not need to come at the cost of spending time with your family and yourself. In fact, both are basic human needs. Even within this system, one can find a way to give them the time they deserve. All it requires is conscious effort and awareness. Being particular with your schedule helps. It goes without saying that support from family is also necessary in adjusting to this way of life.
It is important to underline the importance of taking care of one’s physical and mental health so that you are able to be the best version of yourself every day. It is very easy to go off the rails, given the demanding work environment. I try and fit in 3-4 days of physical activity every week. To regulate my emotions and nervous system, I have incorporated breath work into my routine. The third area which I try to focus on is the food I eat. I love eating but to operate optimally, I avoid eating foods that inhibit my mental functioning. I do indulge myself from time to time but not on a regular basis.
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