In Conversation With Daksh Ahluwalia, Partner, JSA

How and when did you know becoming a lawyer was your life’s true calling? 

I knew I wanted to be in professional services, like my father. Around the time when the decision was to be made (shortly before I graduated high school) I spoke with several leading lawyers, and I was drawn to the profession by the impact it created. I was particularly fascinated with the problem-solving approach adopted by corporate lawyers. Those discussions helped my decision to choose corporate law as a profession. 

Would you please tell us about your specialisation and the array of work you handle at your firm? 

I specialise in corporate assignments. This includes acquisition transactions, advising on sector specific laws, particularly, technology and real estate as well as internal investigations for our clients. I have diverse experience, which also includes advising on disputes arising out of commercial transactions. As a team of young lawyers, we’re always looking out for challenging assignments, and that’s what drives me. 

What are your predictions for 2022 in the area/s of specialisation mentioned above? What are some of the upcoming trends of the industry?  

The recent disruption by the pandemic has increased the speed of adapting to technology. Therefore, I see a lot of deals in the acquisition of technology backed products or businesses (in India and overseas). Given the increased focus, healthcare and pharma companies are doing well. I expect a lot of deals and disputes in each of these sectors. 

One recent landmark judgement or the best judgment of 2021 that you’d like to share a word about. 

As a corporate lawyer, we often advise clients on contract enforcement. For Indian clients or Indian subsidiaries of foreign clients, we would previously advise having an India seated arbitration. With conflicting decisions, it was the safer option. 

This has now changed with the Supreme Court’s recent decision in PASL Wind Solutions Private Limited v. GE Power Conversion. It recognises the principle of party autonomy and the ability of Indian parties to choose international commercial arbitration. I see a lot of Indian parties making this choice as global general counsels are largely more comfortable with international commercial arbitration as opposed to India seated arbitrations. 

As a new age lawyer, what to your mind is the one thing in the current legal ecosystem at the Bar, Bench, or in the Law Firms that needs our attention. 

Delay in administration of justice needs our urgent attention. The persistent listing of matters without effective disposal is a strain on judicial time and adds to litigants’ costs. 

I see two solutions. First, effectively dispose matters based on pleadings and written submissions. The judges, if required, can request for short hearings to get clarifications, but lengthy oral arguments on documentary evidence isn’t always necessary. Second, impose actual costs on the losing party, particularly if they’ve delayed the proceedings (including by making unmeritorious applications). While the first suggestion is likely to negatively impact the volume of matters for prominent arguing counsels, it can potentially give younger lawyers a chance to lead matters. The second suggestion is likely to deter litigations and encourage out of court settlements. 

Many Congratulations on joining the BW Legal World Elite 40 Under 40 Club of Achievers 2021. What to your mind has helped you get to where you are and what advice would you have for others who want to set off in a similar direction? 

For me, what has helped me the most is honesty and support from my family. Firstly, I believe in honest dealing with clients, colleagues, and counterparties. To me, that means being sincere to the assignment and effectively communicating expectations. It also means to prepare well for each assignment, by staying updated on international deal trends, studying new judgments, and ideating with the team. Secondly, as the profession is extremely demanding on time, and work inevitably treads into weekends and late evenings, you need the love and support of your family. I’m grateful for unending support from my family. 

As a final note, would you please recommend to our readers your favourite book that left a lasting impression on you. 

I’ve been fortunate to have the best of management books at home. I love reading all these books, including Blue Ocean Strategy (by W. Chan Kim and Renée Mauborgne), First Break All the Rules (by Marcus Buckingham), and 12 the Elements of Great Managing (by James K. Harter and Rodd Wagner). 

During my masters, I thoroughly enjoyed the negotiations workshop at Columbia Law School. Since then, I’ve been a student of the subject. For those who work with me, know that the book which left a lasting impression on me is Difficult Conversations (by Douglas Stone, Bruce Patton, and Sheila Heen of the Harvard Negotiation Project). It helped me improve my professional conversations, including deal negotiations. This also prompted me to recently attend Harvard’s Negotiation Master Class in April this year.