In Conversation with Sidharth Sethi, Partner, J. Sagar Associates and Advocate on Record, Supreme Court of India

Sidharth, would you please tell us where did this illustrious journey begin and at what age did you decide to study law. Please walk us through your early years of education and the decision of becoming a lawyer. 

At the outset, my sincere gratitude to BW Legal World for the opportunity and the honour bestowed upon me. 

I was born and raised in a small town called Solan in Himachal Pradesh. I did my schooling from Geeta Adarsh Vidyalaya, Solan; and studied law from ILS, Pune.  

I am a first-generation lawyer and do not have any pedigree of lawyers in the family. I cannot recall a definitive moment when I decided to become a lawyer. I can only remember my parents imbibing in me the values, pursuit of justice, social welfare and standing up to any atrocities, early on.   

There are many instances, which may have attributed to my career choice. Moreover, there is this one incident, which is still so fresh in my mind. When I was 12, I won a cycle race competition (the first prize was a bicycle). The boy who stood 2nd should have been disqualified because he was overage. I pleaded with the organizers that the boy who stood 3rd be given the 2nd prize. The organizers refused; I protested and did not accept my prize. The organizers ridiculed me for this behaviour. Nevertheless, I received letters of appreciation from various people. I still remember one letter, which complimented me by saying that Gandhi ji would have done the same thing. The penchant of justice and the way law allows me to think would always be my reason why I chose to be a lawyer. 

Who have been your guiding North Stars (mentors) and the biggest inspiration in this journey? 

Everyone who has touched my life has shaped me into who I am today. However, my guiding North Star would always be – the pursuit of happiness. The state of mind to be satisfied with what I do and accomplish is my purpose of life.  I hope I can continue to do so until I can. 

If I must take any name, I have several people whose blessings I can count on in my life and who have been my inspiration. I am grateful to God for giving me the privilege of meeting Sh. Dattopant Thengri ji, Sh. Nanaji Deshmukh, Sh. Atal Bihari Vajpayee, Sh. L K Advani and Sh. Shanta Kumar at a very young age. My father – who is my mentor - would always tell me how relentlessly they worked for society and the nation.  

After joining the bar, I have had the privilege of working with Mr Sudipto Sarkar many times. Mr Sarkar is a gifted lawyer, and there is nothing like seeing the world of law through his eyes. I am also a big admirer of Mr Harish Salve, and the immense wealth of knowledge that he imparts makes me want to be like him. I am a huge fan of Mr Maninder Singh, Mr Sidharth Luthra and Mr. Kevic Setalvad, all exceptional lawyers and great human beings. The humility in which they approach life is uplifting, and I wonder where they derive this energy and positivity. 

 As I mentioned, there are several others whose blessings I can count on in my life. JSA and my seniors in JSA have been my teachers - guiding and mentoring me – all along.       

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

My practice covers diverse areas of corporate commercial litigation, arbitration and alternative dispute resolution. 

I have considerable expertise in shareholders’ disputes. I regularly represent clients in commercial arbitrations, both domestic and foreign seated, arising out of Shareholders’ Agreements, Share Purchase Agreements, Concession Agreements and various other commercial contracts. 

I also advise and act for various clients in insolvency proceedings, product liability litigations, constitutional & administrative law litigation, and proceedings relating to penal laws, white-collar crimes and corporate and forensic investigation. I have appeared in more than 15 High Courts of India. In addition, being an Advocate-on-Record with the Supreme Court, I also regularly appear before the Supreme Court. 

Would you please summarily tell us the current status of the sectors of the economy you work in, the roadblocks in our path and the way forward  

The world economies are grappling with the aftermath caused by COVID-19. India is no exception, and neither is the legal industry. The clients that I cater to in all the sectors – be it primary, manufacturing or service - have had to withstand the worst of the pandemic. It is forcing everyone to confront a host of challenging questions about how they can and should conduct business during this global crisis. The epidemic has presented us with such a decline in GDP ever seen due to the lockdowns and various social distancing norms sometime between March and May. Whilst the staggered re-opening of the country over the following months improved economic activity, however, the concerns around the rebound of the market remain; and uncertainties around COVID-19 are likely to continue. Having said that, I believe that we as people have come together in this crisis and I am optimistically cautious that this shall pass. 

Would you please share with our readers your expert views on ‘Mediation as a mode of alternative dispute resolution?

 I am a firm proponent of mediation as a mode of alternative dispute resolution. Mediation has statutory recognition is some of our legislations. However, it has not been able to achieve much success or momentum in India, particularly when it comes to the resolution of commercial disputes.  

It is my belief and hope that a statute dealing exclusively with mediation will make parties more open to resolving disputes via this mode. A comprehensive law, covering the entire spectrum of mediation right from (i) how they are to be conducted; (ii) types of cases where mediation ought to be mandatory; (iii) code of ethics and professional standards for mediators; (iv) enforcement of settlements; (v) specific grounds available to a party to a settlement to challenge the same; (vi) confidentiality of the process; (vii) training and accreditation of mediators et al. will bring India at par with the other jurisdictions.  

India has signed the United Nations Convention on Mediation (also known as the Singapore Convention), and the Government is considering the feasibility of enacting an Indian Mediation Act to take care of various aspects of mediation. These are interesting times ahead, and the legal landscape concerning mediations is going to change drastically in the coming years. 

What in your opinion has been the biggest change or challenge looming over the legal landscape of India amid COVID-19?  

The pandemic has affected various facets of the legal industry. 

From the standpoint of the dispensation of justice, because of suspended functioning of the majority of courts, the number of cases, which are heard or disposed of, has fallen, and this will add to the backlog of cases in the coming days. 

I must, however, commend how proactive our courts have been. The pandemic struck without notice; but our Hon’ble Supreme Court (under the able leadership of our Chief Justice - Hon’ble Mr. Justice SA Bobde and Hon’ble Mr. Justice DY Chandrachud, Chairman of the E-Committee) proactively adopted several measures to ensure minimum disruption.  

I believe rather than worrying about the looming challenges and our changing circumstances, which seems to be the only constant, I ask myself these questions – what lessons must one learn from the pandemic.  

The most notable impact has been the propulsion of working from home. Unlike popular belief, working from home comes with its line of difficulties, concerns and above all, anxieties. The firms have to recalibrate, and the courts and judicial systems have to adjust to the new rules of isolation and social distancing. How effective it will be, time will be of the test. The client’s expectations is another ballgame. It appears quite clear that client expectations and their concerns will take a massive shift moving forward. It is a challenging yet exciting time for the legal industry - it is a learning curve filled with anxiety. 

 Other than work, what else keeps you busy? Would you please share your other interests and hobbies with our readers? 

I am an avid singer and love music. If not law, I would be a singer, I think. When time permits, I love cycling with my boys and making their videos which are memories to hold forever. I follow politics very closely and try to keep myself abreast with all news and events. I also try to devote time in providing legal aid and doing other social activities, as and when required. 

Many Congratulations on joining the BW Legal World Elite 40 Under 40 Club of Achievers 2020. 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? 

 As we decide what we aspire to do for the rest of our lives or just even the path that we want to follow, there are sticky winding roads we encounter along the way. It would be fabulous if we could do the things that we love without struggling and make lots of money. In my opinion, that is where passion comes in—passion is what drives us to push that boundary. Many times, we find obstacles in front of us that limit us from pursuing what we want to do. These "so-called obstacles" are something that define and shape us to be who we are. Our accomplishments are always significant, but it is the failures that mean even more. Briefly, my advice would be to recognise these obstacles, acknowledge the failures, enjoy the accomplishments and rise above the ordinary. 

Is there anything else you would like to share with our lawyers of the future, any golden piece of advice from the treasure trove of your experiences in the industry? 

 I am too young to give any advice, but I do know what worked for me, and that would be humility in whatever you do. Humility is the only virtue I can recommend to our upcoming lawyers. Stay grounded; do not let opportunities go by and work with passion. The world is yours then. Another piece of advice to my younger colleagues would be not to burden the already overburdened courts with unnecessary litigation; and wherever possible, opt for modes of alternative dispute resolution. I would also like to tell them that they should (i) be objective in approach and help the client understand the litigation process and objectively review the case and the realities of litigation; (ii) be a champion of the client's interest and cause; but never mislead the court; and finally (iii) be always willing to learn from seniors. 

As a final note, would you please recommend to our readers your favourite book or movie/series that left a lasting impression on you? 

Recently, I watched “Enola Holmes” with my boys, and I loved it. On the surface, “Enola Holmes” is about a young woman in search of herself, but the film had an empowering message, i.e.  “The future is up to us”. I believe this is the message I would like to hold on to forever and pass on to the younger generation. Besides, another movie close to my heart is “Taare Zameen Par”. The film moved me to tears and left a lasting impression. Everyone felt the plight of the protagonist. However, very few paid attention to how it paved the way for parents and teachers to not only help children suffering from a learning disability but also recognise them in the first place. The above applies to every aspect of life and career. It is always about identifying the issues and resolving them. 

Thank you so much!