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With over 10 years of experience in commercial litigation and arbitration, what initially inspired you to pursue a career in law, and how has your professional journey evolved over time?
My parents were not from a legal background, and as such, the inspiration to take up law did not come from my immediate environment. However, during my formative years, I found that my acquaintances in the legal profession always displayed an unwavering sense of purpose. I also remember getting inspired by the views that Mr. Rajeev Dhavan, Senior Advocate, would express on public issues, all rooted in constitutional values, and without any fear of the popular opinion. This, coupled with a deep disinclination towards pursuing a career in engineering, made law a natural choice.
During my time at NLIU Bhopal, I developed a particular interest in international arbitration, which is reflected in my dissertation on jurisdictional aspects of international investment arbitration. What truly drew me to this field was its dynamic nature and the intellectual challenge of navigating intricate commercial disputes.
Over the years, my practice has evolved from focusing purely on arbitration to encompassing a broader spectrum of dispute resolution. My experience at Luthra & Luthra helped shape my approach to complex commercial litigation. When we started EP Advocates in 2020, I focused greatly on disputes involving insurance law and insolvency, which is something I had already extensively undertaken in the past as well. Now, my role as an Advocate-on-Record at the Supreme Court has added another dimension to that practice. The evolution has been organic, driven by a desire to provide comprehensive dispute resolution services to clients.
You completed your LLM at Queen Mary University of London, specializing in International Commercial Arbitration among other areas, what drew you to this specialization, and how was your experience at the university?
My choice to pursue an LLM at Queen Mary was deliberate, given its renowned reputation in international arbitration. QMUL and MIDS Geneva are the only programmes that I had applied for. The program’s focus on comparative and international dispute resolution perfectly aligned with my academic interests and professional aspirations. I particularly valued the exposure to diverse perspectives, studying under leading practitioners and scholars in the field. The experience was transformative – I graduated with distinction in my dissertation on ‘The Relevance of Local Remedies in ICSID arbitration,’ and the program’s practical approach to complex international disputes has significantly influenced my practice. The modules provided insights that I apply to this day.
With respect to your current focus, could you share some of the most challenging disputes you’ve encountered and how you managed the complexities of those cases?
Some of the recent disputes, where we have prevailed include: (i) in insolvency, we were able to negotiate a settlement for certain homebuyers whose rights had been extinguished by the Resolution Plan, when the matter was pending before the Supreme Court – the challenge was that the Resolution Plan had already been approved by the NCLT and NCLAT; and
(ii) in insurance, before an arbitral tribunal, we were able to successfully defend an insurance company against a commercial entity on the quantum of claims that had to be paid – the challenge for our team was more with respect to adopting the best strategy for our arguments, given that the case involved various issues of ‘industry practice’ and voluminous documentation.
In these cases, and even otherwise, I have found that one does not have to ‘manage’ complexities, if they are avoided. I believe complexities can be avoided if:
- you can anticipate and discuss with your clients, the difficulties in their case, and explore the possible arguments and solutions;
- simplify the case, present facts and arguments in a manner that is holistic but concise, and do not present a complicated picture without a solution;
- stick to first principles throughout the case and justify your arguments and pleadings using those principles.
Having worked with a leading law firm for over six years before establishing your own practice, what were some key lessons learned early in your career, and what motivated you to start your own firm?
My six years at L&L Partners were instrumental in shaping my understanding of dispute resolution and law practice. Leading a young disputes team at the Mumbai office taught me invaluable lessons about team management, client relationships, and strategic dispute resolution. One key lesson was the importance of understanding not just the legal aspects, but also the commercial implications of every dispute for the client. The decision to establish my own practice stemmed from a desire to provide a more personalized service to clients. The experience of independently handling major mandates under the Insolvency & Bankruptcy Code and leading significant arbitrations in areas of construction law gave me the confidence to take this step.
What were some of the initial challenges you faced while founding your practice at EP Advocates, and how did you navigate them?
Starting EP Advocates in 2020 came with its unique set of challenges. The primary challenge was establishing a new practice during the pandemic, which required adapting to remote working while maintaining the highest standards of legal service. We focused on building a lean, technology-driven practice that could deliver sophisticated legal solutions efficiently.
Another significant challenge was transitioning from a large law firm setup to building systems and processes from scratch. However, this also presented an opportunity to implement modern practice management techniques and create a more agile organization. Within two years, we successfully built a strong client base including major entities like National Insurance Company Limited, Dish TV India Limited, BSNL, and NTPC Limited, validating our business model and approach.
Given that you are an Advocate-on-Record before the Supreme Court of India, could you share with us some significant cases ?
Being qualified as an Advocate-on-Record has been a significant milestone. Even prior to becoming an AOR, I was a part of teams that handled significant arbitration-related cases. One notable matter involved advising the Petitioner on issues relating to appointment of arbitrators given the inter-connected nature of several agreements, each of which had a separate arbitration clause. The judgment in that case is now a leading decision on appointment of arbitrators in international arbitrations under Section 11 of the Arbitration Act.
Recent cases, as an Advocate-on-Record, have involved representing a leading bank in Special Leave Petitions (SLPs) filed by debtors challenging eventual court-ordered auction of properties. With respect to insolvency, I recently had the privilege of representing one of the impleadment parties in a Civil Appeal titled Ayush Agarwal v. Jaypee Infratech Limited & Others, where the Supreme Court’s intervention ensured that rights of certain active homebuyers did not get extinguished by a Resolution Plan.
You have represented major clients in complex disputes. What are some unique legal challenges faced during long-drawn litigation, and how do you help navigate these?
Long-drawn litigation presents multiple challenges, particularly in maintaining consistency in approach while adapting to evolving circumstances. One key challenge has been managing the intersection of public policy considerations with commercial interests.
We help clients navigate these challenges through:
- regular strategic reviews and updates on regulatory changes;
- proactive risk assessment and mitigation strategies;
- maintaining clear communication channels.
For instance, in insurance matters, we’ve developed specialized approaches for handling claims under various policies, from Standard Fire & Special Perils to Bankers’ Indemnity Policies, always keeping in mind the evolving regulatory landscape.
What advice would you give to law students or young professionals aspiring to build a career in areas of insurance or insolvency law? How should they prepare to handle high-stakes disputes and gain expertise in this area?
My advice would be threefold:
First, develop a strong foundation in commercial laws. Understanding the business aspects is as crucial as knowing the legal provisions.
Second, gain practical exposure through internships and hands-on experience. The field of insolvency law, in particular, requires understanding practical aspects of business operations. Insurance law requires a good understanding of how insurance companies handle claims, and what regulations apply, and one must know these irrespective of the side they appear for.
Third, stay updated with evolving regulations and judicial interpretations. Both insurance and insolvency laws in India are rapidly evolving, and staying current is crucial.
I would also emphasize the importance of developing strong analytical skills and the ability to handle pressure, as these areas often involve time-sensitive, high-stakes matters.
With your extensive professional commitments, how do you manage to balance your personal life with the demands of your legal practice?
Maintaining work-life balance in a demanding practice requires disciplined time management and efficient delegation. Technology has been a great enabler – we’ve implemented systems that allow for effective remote working while maintaining high service standards.
I believe in building strong teams and empowering them to handle responsibilities effectively. This not only ensures better service delivery but also helps maintain a sustainable work environment. Regular team meetings and clear communication channels help manage workload efficiently.
Additionally, I make it a point to stay involved in academic activities, such as conducting lectures at law schools. These activities provide a refreshing break from practice while contributing to the legal community.
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