This interview has been published by Anshi Mudgal and The SuperLawyer Team
Was there any particular experience or realization that solidified your commitment to pursue a legal career?
Let’s just say that there have been moments in my life as well as in the lives of the people I hold closest to me where we could have benefited from having someone advocate for us.
After completing your law degree, you went on to pursue a Master’s at The University of Edinburgh, a highly respected institution. Could you share some insights from your time there and elaborate on why you chose this particular university over others? Additionally, being a recipient of both the University of Edinburgh’s International Masters Scholarship and the R.D. Sethna Memorial Trust Scholarship is an impressive achievement. How did these scholarships impact your academic journey?
I was considering two schools, Columbia and the University of Edinburgh. Both their LLM programs in IPR were being run by people who I thought were at the forefront of Copyright law, Jane Ginsburg and Charlotte Walde respectively.
I opted for the Edinburgh LLM program because I was granted the University’s scholarship for India which together with the RD Sethna scholarship covered tuition. At the time my father who is a veteran of the Armed Forces had just retired from service and honestly without the assistance from these scholarships further studies would not have been possible at all.
You were a law clerk in the Bombay High Court. What are your takeaways from your clerkship at the Bombay High Court?
My clerkship period taught me how important it is to have good people in high office. Ultimately, the justice delivery system is a human agency and as a law clerk in a High Court you will see how immense and immediate an impact it has on the lives of people.
After your Masters, you joined the chambers of Senior Advocate Dinyar D. Madon. Describe chamber life and how that period influenced your practice?
I remember as if it were yesterday walking into Mr. Madon’s Chambers with just my C.V. in hand – no appointment and no references. It was a few days before Courts were to resume after the Diwali vacations and in Mr. Madon walked with his assistant Sanjay bhai carrying his freshly dry cleaned monkey jacket and gown. While I waited for an opportunity to speak with him, I had my first interaction with Cyrus Ardeshir (now himself a Sr. Advocate), his most senior junior at that time. I recall Cyrus stopping the dictation of a draft and speaking to me for a good five to ten minutes. I didn’t know it at the time but I think now that was ‘the interview’. When I finally had a meeting with Mr. Madon, it was less than a minute and Mr. Madon told me he couldn’t take me in because chambers was full, he told me he had just taken on two more juniors just days before. I asked him to keep my C.V. but resigned myself to this being another rejection. In all, I was probably rejected by 20 chambers across the city most refusing to even see me.
A couple of days later, however, I got a call from Mr. Madon asking me to join from coming Monday. I couldn’t believe it, I later learned it was Cyrus putting in a good word for me that convinced Mr. Madon. I treat that moment as the first door that had been opened for me in the profession, every opportunity that I have had thereafter could only have been possible because Mr. Madon and Cyrus took a chance on a young stranger. There was no reason for Mr. Madon to call me back, I was a nobody and had no references to speak on my behalf. But this is who he is at his core, someone who helps. I wish more people knew this about him he is immensely charitable.
I know a lot of people probably think Mr. Madon’s chamber is too strict or old fashioned. Chambers had a strictly ‘no stubble’ policy. Interns have been sent away from work for breaking this rule. If we were leaving court for chambers it was bands off and ties on. Ties were mandatory in chambers. I wish I could tell you this was difficult for me, but I come from a very disciplined background, my father is a veteran, his brothers are veterans and his father was a veteran. My grandfather on my mother’s side was also a veteran. I loved it! In a lighter vein being clean shaven came easy for someone who till this day can’t grow a proper beard, so I may have gotten away with just shaving every other day.
I think I was very fortunate to join Mr. Madon at that particular phase of his career. He was absolutely flooded with work and would have anywhere between 20 to 40 matters on board on any given day. It was not unusual for evenings to have as many as 10 briefings. Then there was also Cyrus’s work. The juniors in Mr. Madon’s chamber shared a common work area and I think I learned how to draft just by listening to Cyrus dictate his drafts. I probably found my regular briefing attorneys through Cyrus as well who would ask me to fill in if he couldn’t it make it for a matter. All in all the exposure was immense. Chambers had a great library managed by Jairam a savant at whom you could literally throw any random proposition and within minutes he would just magically show up with the citation or source you needed.
If you haven’t worked with Mr. Madon, let me tell you he reads vertically and not horizontally and he does this super-fast. Most people think he is just flicking pages until he corrects them about the contents of an Affidavit or pleading. Working with him caused you to develop “coping” or “keep up” abilities that benefit me till this day. For me initially, this meant working very long hours and so I was entrusted with the keys for chambers. I locked up almost every night I was at his chambers. I think my key takeaway however from my period in Chambers was how important it was to develop your first principles. These principles if readily at your disposal are definitive of the fate of a proceeding and obviously also your career.
The immense exposure at chambers helped me realise my own strengths, weaknesses and interests. Just being associated with chambers gave me my first opportunities as an arbitrator. Judges knew that I was from his chamber and that everyone from his chambers had both ability and integrity the most important attributes of an arbitrator.
With over 50 trials and a breadth of experience across multiple legal domains, what advice would you offer to young lawyers aspiring to develop a diverse practice similar to yours? Which specific skills or qualities do you believe are essential for success in such a competitive and multifaceted field?
Trial advocacy is story telling. It is the skill of bringing out what really happened. This principle is true no matter the nature of the dispute. Once you understand this things start falling in place. The skills required are actually fairly achievable, I do not personally subscribe to the belief that this is any form of mysterious craft or skill. The ideal trial lawyer builds an understanding of how things should have been or were intended to be and works out the anomalies in the case before them from this understanding. A good trial lawyer should also work on building their intuitive powers, because understanding who they are examining and how those persons think and behave is vital. They will accordingly do well to learn to identify ‘tells’, traits and patters in people as this will help them in any trial.
In handling intricate trademark infringement and passing-off cases, you demonstrated remarkable expertise. Can you walk us through your approach in addressing complex issues like packaging similarity, particularly in the context of pharmaceutical products?
In these kind of cases, one is really presenting to the Court the likely perceptions of an imperfect and average human being as grounds for granting or refusing relief. Understanding this standard is definitive of success in this area of law.
Tell us something about the journey involved in setting up your own chambers and your decision to specialise in ADR?
I think setting up one’s independent chambers is fairly universal in the city of Mumbai. The more difficult question is probably the decision to specialise. This requires both introspection and courage. For me mediation and arbitrations fit well into my core skill sets. I think I am a good listener, I actually enjoy listening to people more than I do speaking. I love writing and it is something I think I do well. Over time I think I have developed a very distinct identity in my writing style as well. Writing is the most core ability an arbitrator can possess. Ultimately the entire arbitration is about the arbitrator’s award/order and if this output is lacking the process is meaningless. The fact that the Supreme Court has a constitutional bench mulling over the need for adapting an award is testimony to the importance of a well written award.
Balancing a successful legal career with personal life is undoubtedly challenging. How do you maintain this equilibrium? What strategies or routines do you employ to ensure both your professional commitments and personal well-being are well-managed, especially considering the demanding nature of your career?
I wish I could tell you I have the perfect life. But that would be a lie. I have always wanted to be a “sports and extracurricular dad”. My most recurring dream is me teaching or watching my child learn the sport of their choice. But that dream hasn’t worked out for me.
That failing aside, I do have very many interests outside of law and I have no hesitation or shame in saying I am not a slave to the profession. I do not believe law is a jealous mistress. Because I know lawyers benefit from knowing things outside of law! I actively engage with a network of friends outside of the profession. I am always curious to know from them how their businesses’ work and how they deal with variable situations as and when those may arise in their respective fields. This network of friends has given me unimaginable insight into varied areas of commerce and trade. One I could never have obtained from just reading briefs or limiting my interactions to just other lawyers.
I am an avid mountaineer and have done several expeditions and treks both solo and through organised treks. My earliest memories are of camping in the Himalayas with my father of learning to pitch a tent probably at the age most kids learn to tie their shoes. I am extremely fond of landscape and architectural photography and have had my photographs featured in exhibitions around the world.
Over the last 7 years I have actively invested in learning and becoming proficient in Olympic weightlifting and powerlifting. I have done two accreditation courses as well, though I have no intention of teaching anyone other than myself. This activity in particular is what keeps my health both mental and physical well managed. I wish more lawyers understood the benefits of strength training. It is literally a lifesaving and life enhancing activity. I think most of the stresses lawyers encounter and even the insecurities lawyers have about themselves would disappear if they explored a more healthy life. I have also studied nutrition and follow a good sustainable diet and have a very healthy relation with food.
But the number one thing that brings me peace and happiness is spending the weekend with my parents. Every night before I sleep I thank god for my parents, they are truly remarkable people who have overcome such tremendous odds to become extremely well respected and loved people within their community. My father is a renowned oncologist and my mother is an adored educator. Trust me if you knew the circumstances they came from this shouldn’t have been possible. There is pure magic in their spirit. It is such a fortuitous conspiracy that they are my guides in this world. They gave me every opportunity they did not themselves have.
As a sole arbitrator in more than 100 arbitral proceedings and a member of several prestigious panels, including those of HKIAC, SIAC, and ADGM, how do you envision the future of Alternative Dispute Resolution (ADR) in India, particularly in relation to complex commercial disputes? How do you see the evolution of ADR in comparison to global institutions?
I see ADR as the only hope for private dispute resolution in India. The court system is incapable of meeting India’s needs to resolve private disputes efficiently. The court system should in my opinion be limited to a scrutiny of citizen-state actions. The proposed introduction of arbitration appellate tribunals and recognition of emergency arbitrators is a great step towards developing an appropriate eco-system for private dispute resolution. What also needs to be done is to provide a separate execution mechanism and robust measures such as contempt and criminal prosecution against bad actors, both users, lawyers and arbitrators functioning within this private dispute eco-system.
Having successfully navigated the Bar Standards Board application process in the U.K. and being granted exemptions based on your experience, how has this international qualification enhanced your legal practice both in India and the U.K.? Furthermore, how has your accreditation as a mediator influenced your dispute resolution strategies and the way you approach conflict in your legal career?
Becoming a barrister was an ambition I had to put aside for a while as I had to return home after my Masters for personal reasons. For fate to conspire and to later be made a barrister through the accelerated process with full exemptions from all academic and vocational training components was a miracle. Being called to bar at Lincoln’s Inn by none other than the Master of the Rolls was a surreal moment one that is etched in my memory and one I will cherish forever. Being dual qualified now allows me to not only receive instructions as counsel in multiple jurisdictions but to also act as arbitrator in disputes where English law applies.
My decision to undergo formal mediation training was born out of past experiences. I have seen far too many likely settlements fail both as counsel and arbitrator to not recognise an underlying failing within me as cause thereof. I am not one to let such failings persist.
The mediator training course at the Royal Society of Mediators taught me path breaking techniques that I apply subtly all the time as counsel and arbitrator. I think I am now always silently working away at a likely mediated settlement. When I function as a neutral the pure joy of using these techniques to bring people to a principled dialogue is by far the most satisfying part of my legal practice. To be honest, it has helped me immensely in my personal life as well. It is finely tuned my instincts and improved my communication abilities. An earlier version of me listened to respond and the new me listens to understand.
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