Mr. Manish Dembla

“The more complex the dispute, the more vital it becomes to understand the business context—not just the legal one.”

1. Personal journey and inspiration

Can you share a bit about your journey in law? What initially drew you to the legal profession, and how did you end up specialising in your current field? How has your experience been so far?

Response: My journey in law has been both fascinating and serendipitous. In the first place, I did not even aspire to be a lawyer. After taking the Class XIIth Board exams, I had my sights set on becoming a Chartered Accountant. I decided to pursue Bachelor of Commerce (BCom) from Delhi College of Arts and Commerce and had simultaneously enrolled in the Chartered Accountant (CA) foundation course.

However, my parents had reservations about CA due to its notoriously low pass percentage. After much deliberation, I eventually gave up on the CA route in my first year of BCom and pivoted towards law — a decision influenced more by circumstance than deliberate choice.

Three years later, when I started applying to law colleges, I discovered that an entrance exam was a prerequisite. Having no Plan B at this point, I focused intently, cleared the entract, and secured admission at Campus Law Centre, marking my foray into law.

My journey in this profession has been quite intriguing. I started my career as an independent litigator. After approximately one-and-a-half years, I realised that I needed to make a switch, primarily for two reasons — first is that I was not making enough money which is the bane for most young litigators, and — second, I lacked the guidance of a senior or mentor to help refine my skills and offer constructive feedback.

During this period, I had the privilege of meeting Mr Rohit Kochhar, to whom I expressed my keen interest in intellectual property rights (IPR) litigation. At the time, the Delhi office did not have a partner leading the IPR Department. Mr Kochhar reached out to Mr Tarvinder Singh, who heads the intellectual property (IP) practice at the Gurgaon office. Unfortunately, Mr Singh had recently hired two associates and did not have room for another. As a compromise, my cost was split equally between the IPR and corporate teams. Given the saturation in the IPR team, I found myself primarily engaged in corporate work.

Although I joined the firm with the intention of specialising in IPR litigation, my early years were largely spent navigating the corporate domain. About two years later, a corporate matter I was handling evolved into a dispute, giving me the opportunity to assist in its resolution. One case led to another, and soon I was juggling litigation, arbitration and corporate assignments. This continued for three to four years until I made the conscious decision to focus primarily on litigation and dispute resolution. Nevertheless, a portion of my work — around 20% — still involves general corporate matters. While I generally try to avoid mergers and acquisitions (M&A) transactions, I somehow find myself involved in at least one each year.

Looking back, my professional journey has been nothing short of a thrilling roller coaster, marked by its fair share of highs and lows, twists and turns. Each day presents fresh challenges and opportunities, keeping the experience both rewarding and dynamic.

2. A defining case

Is there any life-changing case you have worked on that shifted your perspective on the law or legal practice as a whole?

Response: As a lawyer deeply entrenched in the law firm world, most of my work revolves around financial gains for corporates, often without a direct societal impact. However, a case in July 2021 profoundly shifted my perspective on law’s transformative potential.

We were approached by an office-bearer of the South Asian Fishermen Fraternity to represent some fishermen who were crew members of the Indian boat St. Antony, involved in Italian Marines case3. The Supreme Court had directed compensation to the legal heirs of two deceased fishermen and the boat owner, but not to the other crew members. We took up this case pro bono.

The fishermen had lost all hopes of any compensation as the Supreme Court had already adjudicated on the matter. We filed an intervention application in the disposed of special leave petition (SLP) and sought compensation for the crew members as well. When the matter came up for hearing in August 2021, the first remark from the Bench even before I could state anything was “How has this matter come up again, have not we already adjudicated upon it?”

But after hearing brief arguments, the Supreme Court was pleased to pass an order granting an interim stay on the disbursement of compensation. This case garnered significant media attention, with my name appearing in leading newspapers like The Hindu, Hindustan Times and The Indian Express.

During final arguments in November 2022, the Bench was inclined to grant compensation of Rs 5 lakhs each to the crew members. I was not satisfied with the amount and pleaded for more. I was hoping for around Rs 20 lakhs each. However, the Court directed only Rs 5 lakhs each. I felt dejected and informed the official from the Fishermen Fraternity.

A few days later, I received a call from the official, conveying the fishermen’s immense gratitude and happiness with the order. For them, Rs 5 lakhs was a substantial amount, given their extreme poverty. Their gratitude lifted a boulder off my chest, as I had been feeling guilty for not securing a higher compensation.

This case taught me that what we often perceive as a failure may, in fact, be a success from another’s perspective. It also reinforced that the true measure of our work lies not in the scale of the outcome but in the meaningful impact it creates in the lives of those we serve.

3. Perspective on non-NLU students

As someone who did not graduate from a National Law University (NLU), many students are curious: do you believe there is a gap in opportunities between NLU and non-NLU students? If so, what can be done during recruitment to level the playing field?

Response: As a lawyer with nearly two decades of experience, I have witnessed firsthand the evolution of the legal landscape in India. When I began my career, the NLU system was still in its infancy, and the perceived gap between NLU and non-NLU graduates was far less pronounced than it is today. However, I firmly believe that with the right mindset and approach, non-NLU students can not only bridge this gap but also excel in their careers.

The legal profession values skills, knowledge, and dedication above all else. While NLUs have undoubtedly established a strong reputation, this does not automatically translate into superior legal abilities. Many non-NLU graduates possess exceptional analytical skills, creativity, and a deep passion for the law, which are equally, if not more, important for success in the legal field.

To ensure a fair and equitable recruitment process, law firms and organisations must focus on a candidate’s merits rather than their educational background. The following measures may also help:

(a) Equal internship opportunities: Providing equal internship opportunities to students from both NLU and non-NLU backgrounds can help non-NLU students to gain practical experience and build their professional network.

(b) Mentorship programs: Mentorship programs can be a game changer for non-NLU students. By having experienced lawyers guide and support them, non-NLU students can gain valuable insights, advice, and networking opportunities. These mentors can share their own experiences, offer career guidance, and help non-NLU students navigate the challenges of the legal profession.

(c) Continuous skill development: Skill development is crucial for success in the legal field, regardless of one’s educational background. By organising workshops and training sessions focused on essential legal skills, such as drafting, negotiation, and advocacy, law firms and organisations can help non-NLU students to enhance their competencies and confidence. These skill-building initiatives not only level the playing field but also demonstrate a commitment to nurturing talent.

(d) Embracing diversity: The legal profession thrives on diversity of thought and experience. By focusing on merit and providing equal opportunities for all, we can ensure that talented individuals, regardless of their alma mater, have the chance to succeed and contribute meaningfully to the field of law. As a profession, we must embrace this diversity and recognise that it is our collective responsibility to nurture and support the next generation of legal professionals.

In conclusion, while the perceived disparity between NLU and non-NLU graduates persists, it is far from insurmountable. By adopting merit-based recruitment practices, fostering mentorship, supporting skill development, and embracing diversity, we can create a more inclusive legal profession. Ultimately, it is talent, dedication and hard work — not the name of one’s alma mater — that determine success in the legal field.

4. Corporate versus litigation

Since you have experienced both the litigation and corporate sectors, what major differences have you observed between the two in terms of work environment and career progression? What should a law student consider when choosing between these paths?

Response: The litigation environment is dynamic, fast-paced and often unpredictable. Lawyers spend considerable time in court, drafting pleadings, and preparing for hearings. The nature of the work demands in-depth legal research, strategic thinking, and strong advocacy skills. The courtroom setting, in particular, requires a lawyer to be articulate, quick on their feet, and able to adapt to the unfolding dynamics of a case. However, litigation can be both mentally and emotionally taxing due to its adversarial nature and the weight of representing clients in contentious matters.

Corporate law, by contrast, offers a more structured and predictable work environment. The work largely revolves around drafting, reviewing legal documents, and negotiating contracts. There is a strong collaborative aspect, as corporate lawyers often work closely with clients and other professionals to achieve specific business objectives. This environment tends to appeal to individuals who thrive on structured, detail-oriented tasks and strategic planning.

When it comes to career progression, the path in litigation is typically longer and requires significant patience and perseverance. Starting out as a junior in a chamber practice often means working for minimal compensation, with financial stability being a long-term endeavour. Launching an independent litigation practice can be equally challenging in the initial years. However, if you join the litigation team of a law firm, you may enjoy a more stable income from the outset, though opportunities for independent court appearances may be limited in the early stages, with a focus on research and drafting.

In corporate law, career progression is generally more linear and financially stable. Whether you join a law firm or work as an in-house counsel, the starting remuneration is usually decent, and the growth trajectory is more predictable. However, the corporate sector does not provide the opportunity to become a Senior Advocate or being elevated as a Judge — roles that are exclusively associated with a litigation career.

For law students, the choice ultimately depends on individual preferences and long-term career goals. Litigation may appeal to those with a passion for courtroom advocacy and a high tolerance for uncertainty, while corporate law might attract those who prefer stability and a structured work environment. That said, I encourage students to remain open to both opportunities. Often, your career path is shaped by circumstances and opportunities, and you may not always have the luxury of a clear choice at the outset. Staying adaptable and exploring both avenues can help you make a more informed decision as your career progresses.

5. Key qualities for success

What habits or qualities do you believe have contributed to your success? What qualities should someone aspiring to reach your position cultivate?

Response: I would say that a constant endeavour to learn and grow has been one of the most significant contributors to my success. As American writer William S. Burroughs aptly said, “When you stop growing, you start dying.” This philosophy resonates deeply with me and drives my regular self-reflection in various aspects of my professional life. While this sometimes leads to excessive self-critique, I strive to maintain a healthy balance, using it as a tool for improvement rather than negativity. Beyond the pursuit of growth, several other qualities have been instrumental in my journey:

(i) Adaptability: The legal landscape is constantly evolving, and staying relevant requires a willingness to adapt. Whether it is embracing new technologies, understanding emerging areas of law, or refining existing skills, adaptability has been a key quality in my growth.

(ii) Attention to detail: Success in the legal profession often hinges on precision. Whether drafting contracts, preparing pleadings, or presenting arguments, a meticulous eye for detail ensures thoroughness and credibility.

(iii) Empathy and client-centricity: Understanding a client’s concerns and objectives is vital. Empathy allows me to view situations from their perspective and build trust, while a client-centric approach ensures my advice and strategies align with their goals.

(iv) Effective communication: The ability to articulate thoughts clearly, whether in writing or orally, is essential for a lawyer. Strong communication skills have helped me present arguments persuasively, negotiate effectively, and maintain transparent relationships with clients.

(v) Strategic thinking: Beyond legal knowledge, success often depends on the ability to think strategically. Balancing legal acumen with practical solutions that align with a client’s objectives has been pivotal in my practice.

For those aspiring to succeed in the legal profession, cultivating these qualities — adaptability, attention to detail, empathy, communication, and strategic thinking — alongside a relentless pursuit of learning and growth, can lay the foundation for a fulfilling and impactful career.

6. Future of arbitration

As a legal expert in commercial contracts and arbitration, how do you foresee the future trends in dispute resolution, particularly in arbitration, both in India and internationally?

Response: The future of arbitration, both in India and internationally, is poised for significant transformation as the legal and commercial landscapes continue to evolve. Several trends and challenges will shape its trajectory in the coming years:

(i) Technology-driven arbitration: The integration of technology is revolutionising arbitration. Virtual hearings, necessitated by the pandemic, have now become a norm, significantly reducing costs and logistical challenges. Advanced tools like artificial intelligence (AI)-powered research, automated case management systems, and blockchain for secure evidence handling are becoming part of the arbitration ecosystem. These innovations improve efficiency, transparency, and accessibility while also presenting challenges around data security and adaptation by professionals.

(ii) Rise of third-party funding: Third-party funding (TPF) is gaining traction in arbitration, particularly in high-value international disputes. TPF provides financial support to parties who may otherwise be unable to pursue arbitration, in exchange for a portion of the award if successful. This trend democratises access to arbitration while raising questions about disclosure norms and potential conflicts of interest.

(iii) Hybrid dispute resolution mechanisms: There is a growing inclination toward combining arbitration with other alternative dispute resolution (ADR) methods, such as mediation. Med-Arb (mediation followed by arbitration) and Arb-Med-Arb (arbitration paused for mediation) models allow parties to explore settlement opportunities before proceeding with binding decisions, making dispute resolution more flexible and cost-effective.

(iv) Focus on diversity in arbitration panels: The push for diversity in arbitrator appointments is gaining momentum globally. Efforts are being made to include professionals from different jurisdictions, genders, and cultural backgrounds to ensure that arbitration reflects the diversity of the disputes it resolves. This shift enhances the legitimacy and inclusiveness of the process.

(v) International harmonisation: On the global stage, arbitration is witnessing increasing harmonisation of rules and practices, particularly in cross-border disputes. Institutions like the International Chamber of Commerce (ICC), Singapore International Arbitration Centre (SIAC) and London Court of International Arbitration (LCIA) are continuously updating their rules to align with global best practices. There is also a move toward standardising procedures for virtual hearings and electronic submissions.

(vi) Challenges ahead: Despite its advantages, arbitration faces challenges such as high costs in certain jurisdictions, delays in proceedings, and the enforcement of arbitral awards. In India, for instance, judicial delays in enforcement proceedings remain a bottleneck. Globally, the fragmentation of arbitration laws across jurisdictions can complicate cross-border disputes. Addressing these issues will be key to arbitration’s continued growth.

(vii) Environmental and ESG arbitration: With the rising importance of environmental, social, and governance (ESG) considerations, arbitration is emerging as a preferred mechanism for resolving disputes in these areas. Tailored arbitration rules focusing on climate change and sustainability are likely to develop, reflecting the growing emphasis on corporate responsibility.

In conclusion, arbitration is on the cusp of a significant transformation, with technological advancements, institutional reforms, and evolving practices shaping its future. For India, the challenge lies in strengthening its arbitration ecosystem to compete with established global hubs. Internationally, the focus will remain on innovation, inclusiveness, and efficiency. For practitioners, staying ahead of these trends and continuously enhancing their skills will be critical to thriving in this dynamic field.

7. Opportunities and challenges in commercial law

Could you share insights into the current challenges and opportunities in the landscape of commercial law and dispute resolution? What key skills should young professionals interested in these areas focus on developing?

Response: Commercial law is an exciting and dynamic field, full of opportunities but not without its challenges. The legal landscape is rapidly evolving due to globalisation, technological advancements, and shifting regulatory frameworks, which means that lawyers must constantly adapt and innovate to stay ahead.

Opportunities

One of the biggest opportunities lies in technology. The rise of fintech, blockchain, and artificial intelligence has completely reshaped how businesses operate. Lawyers who understand these technologies and their legal implications — be it in data privacy, intellectual property, or regulatory compliance — are in high demand.

Globalisation is another significant driver of change. With businesses expanding their operations across borders, the demand for lawyers who can handle cross-border transactions, international contracts, and disputes has surged. This trend requires a deep understanding of multi-jurisdictional laws and a global outlook.

Additionally, ESG compliance is emerging as a central concern for corporations. Advising companies on sustainability practices, regulatory compliance, and ESG disputes is an area where legal professionals can make a real impact, both for businesses and society.

The growth of ADR methods like arbitration and mediation is also reshaping how commercial disputes are resolved. Businesses now want quicker, more confidential solutions, which makes ADR a vital skill set for any commercial lawyer.

Lastly, sector-specific growth in areas like renewable energy, e-commerce, and pharmaceuticals is creating niche opportunities. Lawyers who specialise in these industries can position themselves as experts in high-growth sectors.

Challenges

On the flip side, commercial law can be complex and demanding. Regulations are constantly changing, and staying updated is a challenge that every lawyer faces. For example, with amendments and new policies coming out frequently, it takes a lot of effort to ensure clients remain compliant without overburdening them.

Technology, while opening doors, also poses its own set of challenges. Issues like cybersecurity, digital fraud, and even disputes arising in virtual spaces require a steep learning curve for most lawyers.

Another major challenge is balancing the rising cost of compliance with business objectives. Companies often look to legal professionals to strike the right balance, which can be tricky, especially in tightly regulated industries.

Handling cross-border disputes and transactions is equally demanding. Jurisdictional conflicts, differences in legal systems, and cultural nuances can make the job particularly challenging for lawyers working in global markets.

Finally, there is the ever-increasing expectation from clients for faster, more cost-effective solutions. This puts immense pressure on lawyers to deliver results quickly without compromising on quality — a balancing act that is not always easy.

Skills young professionals should develop

For anyone looking to enter the field of commercial law, I would say focus on the following key areas:

(i) Learn the tech: The ability to use legal tech tools and understand emerging technologies like blockchain or AI can really set you apart.

(ii) Develop a global perspective: Commercial law today is rarely confined to one country. Understanding international trade and cultural nuances is a huge plus.

(iii) Stay adaptable: Change is constant in this field, so being flexible and open to new ways of working is critical.

8. Leadership and team management

As a Partner at Kochhar & Co., what are the biggest challenges you face in leading teams and managing client relationships?

Response: One of the biggest challenges in leadership as a law firm partner is balancing the diverse expectations of clients and team members. Managing high-stakes client relationships requires constant communication, empathy, and a solution-oriented mindset, particularly in complex or high-pressure situations.

On the team front, fostering a culture of collaboration while ensuring accountability can be challenging, especially in a profession driven by individual performance. I emphasise mentorship and continuous learning, encouraging the team to proactively seek feedback and grow professionally.

9. Impact of legal technology

With the rise of legal tech, how do you see technology transforming legal practice, especially in contract drafting, arbitration and litigation?

Response: Legal technology is reshaping the practice of law, particularly in contract drafting, arbitration, and litigation, by improving efficiency and enabling faster, more cost-effective solutions. However, it also presents challenges that legal professionals must navigate. This transformation can be observed across various aspects of legal practice, from how contracts are managed to the way disputes are resolved, as outlined below:

(i) Enhanced efficiency in contract drafting and review: AI-powered tools have the potential to revolutionise contract management, allowing for faster analysis, drafting, and risk identification. Automation can streamline routine tasks, enabling lawyers to focus on complex matters.

(ii) Arbitration and dispute resolution: Virtual hearings have become integral to arbitration, reducing costs and enhancing procedural efficiency. AI-driven case management tools are set to become the norm. Predictive analytics can help lawyers anticipate outcomes and refine strategies.

(iii) Advanced legal research: AI tools can expedite legal research by sifting through vast databases to provide relevant insights.

(iv) Blockchain in evidence management: Blockchain ensures data integrity and security in evidence handling. It also supports innovations like smart contracts and IP management, improving reliability in legal processes. The use of blockchain in evidence management is set to increase exponentially in the next few years.

(v) Democratisation of legal services: Do-it-yourself (DIY) legal platforms provide affordable solutions for individuals and small businesses, expanding access to basic legal services without replacing the need for lawyers in complex matters.

However, the integration of technology is not without challenges. Data security is a major concern, as sensitive client information is often stored and shared electronically. Another challenge is the resistance to change within the legal profession. Adopting new tools requires investment in both resources and training, which can be a barrier for smaller firms and practitioners.

Looking ahead, the integration of technologies like machine learning, natural language processing, and even augmented reality will continue to push the boundaries of what is possible in legal practice. For instance, AI could play a greater role in automating complex processes like due diligence in mergers and acquisitions or simulating trial outcomes for litigators. The continued development of legal tech will likely lead to an industry that is more efficient, accessible, and innovative.

10. Advice for aspiring lawyers

Lastly, what advice would you give to law students and young professionals who are aiming for long-term success in the legal field?

Response: The legal profession is challenging yet immensely rewarding, offering opportunities to make a real difference in people’s lives and businesses. For aspiring lawyers, success requires a combination of technical expertise, adaptability, and personal qualities that align with the demands of this ever-evolving field. Based on my experience, here is some advice for those aiming to build a long-term and fulfilling career in law:

(i) Develop a growth mindset: A commitment to continuous learning is essential. The law is a constantly evolving field, with new regulations, technologies, and societal needs shaping its landscape. Embrace the idea of being a perpetual student, willing to learn from every case, interaction, and experience.

(ii) Build core skills: Success in law depends heavily on mastering foundational skills such as legal research and writing, critical thinking and attention to detail.

(iii) Stay adaptable: Be open to new technologies, industries, and emerging areas of law. Adaptability ensures relevance in a dynamic profession.

(iv) Explore before specialising: Early in your career, seek exposure to a variety of practice areas — litigation, corporate law, arbitration, intellectual property, or even niche fields like technology law or ESG compliance. Diverse experiences will help you discover your strengths and interests, allowing you to make informed decisions about specialisation later.

(v) Embrace technology: Technology is transforming the practice of law. Familiarise yourself with emerging tools and platforms that enhance efficiency and client service.

(vi) Uphold integrity and ethics: Integrity is the cornerstone of a successful legal career. Your reputation as a lawyer is built on trust. Compromising on ethics for short-term gains can have long-term repercussions. Always prioritise honesty, professionalism, and the best interests of your clients within the bounds of the law.

(vii) Focus on client-centricity: Understanding your clients’ objectives and providing tailored solutions is crucial. Develop empathy to view situations from their perspective and build strong, trust-based relationships. A lawyer’s ability to align legal strategies with clients’ goals often determines their success.

(viii) Stay balanced: The demands of the legal profession can be overwhelming. Maintaining mental and physical well-being is crucial for sustained success. Take time to recharge, pursue hobbies, and build a support system outside of work.


1. Partner, Kochhar & Co.

2. Student Ambassador, University of Petroleum and Energy Studies, Dehradun.

3. Republic of Italy v. Union of India, (2013) 4 SCC 721.

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