In this Eminent Conversation, Mr. Ankit Konwar, Principal Associate at Hammurabi & Solomon Partners, speaks with Mr. Sumit Kumar Singh* about his journey from law school to becoming a specialist in dispute resolution. From his early influences shaped by a family background in criminal law to hands-on experiences in internships and mentorship from leading practitioners, he shares candid reflections on career progression, arbitration practice, and the evolving landscape of dispute resolution in India.

I. Early Education & Law School Experience

 

Q: Could you start by giving us a brief overview of your educational background? Which law school did you attend?

I attended Delhi Public School, Numaligarh, in Assam for my schooling and later pursued a law degree from the National Law University and Judicial Academy, Assam.

Q: How was your experience in law school? Were there any subjects or areas of law that particularly fascinated you?

My father served as a Deputy Superintendent of Police (DSP) and growing up in that environment, criminal law was always a significant influence in my life. This background naturally shaped my perspective even before I entered law school. As a result, my legal studies were particularly influenced by my father's career, with a strong focus on constitutional and criminal law.

Q: Were there any internships, moot courts, or research projects that played a key role in shaping your career choices?

I primarily interned in legal chambers rather than anywhere else, as I believed that hands-on experience in court proceedings such as filing applications and observing cases was invaluable. I always say that the first real teacher in law is the law clerk. During my internship, I also had the opportunity to work under my brother, an exceptional criminal lawyer, which further deepened my understanding of the field. I also had the opportunity to intern in a couple of esteemed Law Firms in Delhi during my tenure in law school and it was during such internships that I closely worked on various arbitration-related matters and developed my interest. From the time I graduated until today, I firmly believe that a well-structured internship plays a crucial role in shaping a legal career.

 

II.   Transition from Law School to Hammurabi & Solomon Partners

 

Q: How did you join Hammurabi & Solomon Partners? Did you start here as a fresher, or did you work elsewhere before?

I have always been passionate about the environmental and had the opportunity to work with the environmental law firm Legal Initiative for Forest and Environment (LIFE) under Ritwick Dutta and Rahul Choudhary. Following that, I joined Legacy Law Offices and, in 2024, joined as Principal Associate in Hammurabi & Solomon Partners. Throughout my career, I have dedicated most of my time to legal practice, continuously refining my expertise and commitment to the field.

Q: How were your internships fruitful and contributed when transitioning from law school to professional practice?

If you aspire to pursue a career in litigation, it is essential to begin with chamber practice. I have been involved in litigation from the very start, and for me, it always meant interning within the system, observing court proceedings firsthand, and engaging directly with legal matters. Before a case is presented, we always visit the judge’s courtroom, gaining insights into courtroom dynamics and the nature of questions that may arise. This hands-on experience is invaluable in shaping a strong foundation in litigation.

Q: How did you navigate the steep learning curve in a law firm environment?

When you have completed internships, you gain valuable practical experience that shapes your understanding of the legal profession. A well-structured internship enhances your skills, preparing you for real-world challenges in litigation or any other legal field. The effort you put into your internships directly impacts your growth, equipping you with the confidence and knowledge required to navigate the profession effectively.

Q: Did you have any mentors or seniors who guided you in your early years?

I am deeply grateful to all my seniors for their invaluable guidance and support.

I am especially thankful to Ms. Shweta Bharti, Managing Partner, Hammurabi & Solomon Partners, Shantanu Malik, Jyoti Kumar Choudhary and Anil Tiwari for imparting their wisdom and their constant guidance and encouragement since I joined the firm.

I also extend my heartfelt thanks to Gagan Anand, Sadiqua Fatma, Ishan Khanna, Ritwick Dutta, and Rahul Choudhary, who played a crucial role in shaping my legal practice in my formative years. Their in sights have been instrumental in strengthening my understanding of the fundamentals of law, due diligence, and procedural aspects.

 

III. Career Progression & Law Firm Hierarchy

 

Q: Could you explain the hierarchy at Hammurabi & Solomon Partners? What are the different roles, from Associate to Partner?

So, when you finish your law school and join here as an assessment intern. The assessment period typically spans around six months for the role of an Associate, followed by 2-3 years as a Senior Associate. The transition from Senior Associate to Principal Associate usually takes place after a certain number of years, which can vary depending on individual performance and the specific requirements of the firm. In some cases, this transition may happen in as little as 1 to 1.5 years, while for others, it may take 2 to 3 years. Ultimately, the progression depends on demonstrating significant experience and growth in the role.

Q: What distinguishes a Partner Designate from an Associate Partner or a Partner in terms of responsibilities?

When transitioning from Associate Partner to Partner, the key difference lies in the level of responsibility and ownership of the firm’s strategic direction. A Designated Partner, on the other hand, is usually someone who is being groomed for a partnership role but hasn't officially been granted full partnership yet. They may hold a leadership position but are still in the process of proving their capabilities. A Partner is someone with established responsibilities and decision-making authority within the firm, while a Managing Partner holds the top leadership role and is responsible for the firm’s overall operations and direction.

Q: Do you think the legal profession has changed in terms of career progression, work-life balance, or specialisation?

As for work-life balance, the firm allows flexibility, with working hours typically starting at 10:30 AM and the option to leave by 7:00 PM, as long as your work is completed. The key is to avoid letting work pile up, improving efficiency and time management are crucial. While some may stay late at the office, it’s important to prioritise tasks, stay on top of deadlines, and produce quality work. It's about getting things done, rather than simply spending long hours in the office.

In terms of work culture, it's essential to acknowledge that everyone has different work styles and paces. You can't expect all colleagues/interns to operate at the same level of understanding or efficiency, and it's not always possible to enforce a uniform approach. Effective collaboration relies on mutual respect for differing perspectives and the ability to manage individual work preferences.

In any role, especially in law firms, you are expected to complete tasks within a set timeframe.  It's important to handle situations with patience and understanding. The leaders I've worked with always took the time to explain a problem multiple times, ensuring clarity and learning, and were focused on concrete results. It's crucial to understand that the work environment is not toxic by nature; rather, it's the behaviour of individuals that can influence the atmosphere. Juniors, as well as seniors, must contribute to fostering a positive, constructive environment. Toxicity arises from people, not the firm itself, and it’s everyone’s responsibility to maintain professionalism and respect.

 

IV. Specialisation in Dispute Resolution

 

Q: You specialise in dispute resolution- could you break down what exactly falls under its ambit?

Dispute resolution can take many forms, with civil litigation being one of them, as my specialisation lies in Alternative Dispute Resolution (ADR), which focuses on resolving matters outside the court system, such as mediation, arbitration, and conciliation. ADR encompasses all of these methods and is a growing field. Much of my work is related to infrastructure projects, particularly in road construction, bridges, and ropeways. Arbitration, in particular, is an evolving area, and recent legislative changes have brought significant shifts, including the introduction of the Arbitration and Conciliation Act, 1996 and the latest Arbitration Bill, 2024. While it's still developing, there are plenty of opportunities for growth, and many areas remain unexplored.

What makes ADR particularly interesting is that, unlike criminal cases where the laws and principles (e.g., theft, robbery, etc.) are relatively consistent every arbitration matter is unique. Even though some cases may appear similar, the resolution process is always different, requiring creative and tailored solutions. Every case offers a fresh challenge and a new approach to problem-solving.

Q: What types of disputes do you handle most frequently? (e.g., commercial litigation, arbitration, regulatory disputes, etc.) as yours is a dispute resolution vertical?

In our firm, we have teams that focus on different areas of law, with each team concentrating on a specific type of matter. We have nine teams, and while they handle a wide range of cases, some teams may focus on a particular area more than others. For example, my specialisation is arbitration, so I predominantly handle arbitration and commercial disputes. However, arbitration matters often intersect with other areas, and other teams may also have arbitration-related cases.

For instance, a team focused on insolvency may primarily handle insolvency-related work but could still encounter arbitration issues in some cases. Similarly, there are teams which handle criminal litigation, or litigation in insolvency and bankruptcy-related matters while there are other teams that handle corporate disputes as well as disputes pertaining to real-estate. While these teams may have their focus areas, the intersection of arbitration with other legal fields is undeniable.

My team differs from theirs in that aspect that we exclusively deal with arbitration and commercial disputes. I wouldn’t say there’s a major difference between our vertical,  it's more of a mix or a blend, where some areas overlap, much like shades of grey rather than black and white.

Also, Hammurabi & Solomon Partners has also been ranked by Legal500 for Commercial, Corporate & M&A, Dispute Resolution, Real Estate, and Labour & Employment. The firm is also recognised by the Indian Business Law Journal, with Managing Partner Shweta Bharti featured in the A-List for Arbitration & ADR, Corporate & Commercial, Litigation, and Restructuring & Insolvency, along with recognition for Commercial & Corporate and Policy & Regulation at the Indian Law Firm Awards.

Q: You also would have visited institutions dealing with arbitration so what are your views on it?

Yes, I have visited institutions dealing with arbitration, and in my experience, the quality of these institutions is often determined by how efficiently they deliver the award within a reasonable timeframe. As I mentioned earlier, one of the key advantages of arbitration is its time efficiency. Unlike civil suits, which can take years to resolve, arbitration offers a faster resolution. For example, in disputes involving contractors who have invested significant amounts of money, waiting five to ten years for recovery through traditional civil litigation can cause severe financial strain on their companies. Arbitration, on the other hand, allows for a resolution within one to two years, even with extensions.

Ad hoc and institutional arbitration are two distinct approaches to resolving disputes outside of court. In ad hoc arbitration, the parties have full control over the process, including selecting arbitrators, determining the procedural rules, and managing logistics, making it more flexible but also potentially riskier if the parties lack experience or face conflicts. It tends to be more cost-effective due to the absence of institutional fees but may lack the structure needed for complex cases. On the other hand, institutional arbitration is administered by a recognized arbitral institution, such as the ICC, ICA, DIAC, SIAC which provides a set of established rules, appoints arbitrators, and offers administrative support, ensuring greater structure, consistency, and efficiency. While it may be more expensive due to institutional fees, it reduces the risk of procedural issues and is often preferred for more complex disputes, providing a higher level of predictability and expertise.

 

Q: How do you approach dispute resolution? Do you see a preference for arbitration over litigation among clients?

Yes, like I said, contractors prefer arbitration because they need a faster resolution. When disputes arise, particularly between contractors and government entities, contractors cannot afford to wait for years to have their cases resolved. They have already invested substantial amounts of capital in their projects, and prolonged delays can cause significant financial strain. A quicker arbitration process enables them to resolve issues swiftly, allowing them to move on to other projects, which helps them recover their costs and continue making profits. This is why arbitration is often the preferred choice it offers a timely resolution that allows contractors to stay financially viable and grow their business.

Q: Can you walk us through a particularly challenging case you handled and how you resolved it?

One case I recall involved a dispute over the construction of bridges in Uttarakhand under the Uttarakhand Disaster Recovery Project. The case presented numerous technical complexities regarding the different types of bridges, which were challenging as a lawyer to fully grasp. It required not only a scientific mindset but also techno-legal expertise. To navigate this, I had to thoroughly understand the technical aspects by consulting the company's experts before meticulously reviewing the documents with my team. This process was time-consuming and demanding, requiring significant effort to comprehend the matter before formulating an approach to resolve it. Ultimately, we secured a favourable order, but the experience was both taxing and time-intensive but fulfilling at last.

Q: What are some essential skills a lawyer should develop to succeed in dispute resolution?

Thinking outside the box is the foremost criterion when approaching a dispute of any factum, as every case presents its own unique set of challenges. Legal disputes often involve complex and nuanced issues that cannot always be resolved through conventional methods. A rigid, one-size-fits-all approach may not be effective, making it essential to adopt a creative and strategic mindset.

Each case requires a fresh perspective, innovative problem-solving, and the ability to analyse situations from multiple angles. This involves not only a deep understanding of legal principles but also an awareness of industry-specific technicalities, stakeholder interests, and potential long-term implications.

 

V. The Legal Industry & Future Trends

 

Q: How has the dispute resolution landscape evolved in recent years? Like you seeing more areas or appendages of the dispute resolution process and ADR? So what’s the trend of arbitration?

The trend in arbitration is increasingly shifting towards institutional arbitration rather than ad hoc arbitration. This shift is largely because institutional arbitration is seen as more convenient and impartial. Institutional arbitration offers the benefit of a structured process with a set of pre-appointed, neutral arbitrators, reducing concerns of bias. In contrast, in ad hoc arbitration, although there are Schedules 5, 6, and 7, but parties often exploit loopholes to appoint their own arbitrators, or their preferred arbitrators, which can undermine the impartiality of the process and defeat the purpose of arbitration itself.

The Draft Arbitration and Conciliation Amendment Bill, 2024, introduces several key reforms. It codifies emergency arbitration, ensures the enforceability of emergency arbitrators' orders, and grants tribunals the authority to review such orders. It refines the distinction between "seat" and "venue" by replacing the term "place" with "seat" throughout the Act. It is instrumental because it introduces a significant development in arbitration law by establishing an appellate tribunal for arbitration matters. This tribunal will serve as a specialised forum for challenging arbitration awards, providing an alternative to appellate or commercial courts. Parties will have the choice to approach either the appellate tribunal or the high court. However, for this system to function effectively, it is crucial to implement legal measures that prevent the automatic escalation of cases to the high courts. Without such safeguards, high courts and commercial courts may face excessive case backlogs, undermining the tribunal’s purpose.

By creating a dedicated appellate tribunal, the burden on higher courts can be significantly reduced, particularly in matters under Sections 34, 36, and 37 of the Arbitration and Conciliation Act, 1996. This streamlined approach would enhance the efficiency of arbitration-related dispute resolution.

 

Q: What advice would you give to young lawyers who aspire to build a career in dispute resolution and corporate law?

I would suggest aspiring lawyers to focus on doing as many internships as possible to get a well-rounded understanding of the corporate world and the dispute resolution process. As I mentioned earlier, before your specific subject area even comes into your curriculum, it’s important to familiarise yourself with the basics of ADR or any other domain of law. The Arbitration and Conciliation Act is a relatively concise act, so take the time to study it thoroughly. It's an incredibly interesting field to specialise in and can offer great career opportunities in dispute resolution.

A key focus area should be understanding the intricacies of Section 34 and keeping track of the changes in the judicial landscape. Study important judgments, particularly those from landmark cases like Ssangyong v. NHAI, In re: Interplay between Arbitration agreements under the arbitration Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899 and make sure you are familiar with them at your fingertips. Having a deep understanding of these judgments will shape your perspective and sharpen your legal acumen, among others. which is crucial for building a successful career in this field.

Now, in terms of how students can finesse their understanding of ADR and dispute resolution, I would recommend focusing on a judgment-based approach. While textbooks provide foundational knowledge, it’s the judgments that offer true insights into how the law is applied. The more you study the judgments, the clearer it becomes as to what the underlying reasoning was behind the decisions. This helps you understand the mindset of the judges, which is critical to navigating the complexities of dispute resolution. So, reading and analysing judgments should be a key part of your learning process.

* Conducted by Mr. Sumit Kumar Singh, intern at CLAonline and a law student at the National University of Study and Research in Law (NUSRL), Ranchi