{"id":392978,"date":"2026-08-11T14:00:26","date_gmt":"2026-08-11T08:30:26","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=392978"},"modified":"2026-08-11T13:56:16","modified_gmt":"2026-08-11T08:26:16","slug":"growing-with-the-profession-mr-dhruv-maliks-perspective-on-competition-arbitration-and-insolvency-disputes","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2026\/08\/11\/growing-with-the-profession-mr-dhruv-maliks-perspective-on-competition-arbitration-and-insolvency-disputes\/","title":{"rendered":"Growing with the Profession: Mr Dhruv Malik’s Perspective on Competition, Arbitration and Insolvency Disputes"},"content":{"rendered":"
\n

1. To begin with, kindly tell our readers about your journey in the legal field. What inspired you to get into this diverse practice of law?<\/p>\n

Unlike many lawyers, I entered the profession more through deduction, where I cancelled out career paths that I knew I did not want to pursue, with law being something that I felt I could do and not necessarily something I was sure of doing. Upon entering law school, I got attracted by advocacy and the intellectual challenge that law presents. What I did not anticipate was how deeply the law would expose me to business, economics, human behaviour, and strategy.<\/p>\n

What pulled me toward a diverse practice rather than a single specialisation was the nature of litigation itself in Delhi: A commercial dispute rarely stays within one statute. A recovery suit migrates into Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI), a shareholder dispute spills into insolvency, a regulatory complaint sits beside a civil suit for damages. Early on, I made a conscious choice not to silo myself, because clients do not experience their problems in silos — they come with a business problem, and the law is simply the toolkit. That instinct to follow the dispute wherever it leads, rather than confining myself to one forum or one statute, is really what shaped the practice you see today.<\/p>\n

What continues to excite me about dispute resolution is that no two matters are ever alike. One day you are dealing with a distressed infrastructure asset under the Insolvency and Bankruptcy Code, 2016<\/a> (IBC\/the Code<\/a>); the next, a competition law issue involving market power; and the day after, a multijurisdictional arbitration. The law remains the common language, but the underlying commercial realities are constantly evolving.<\/p>\n

I often tell younger lawyers that the best part of this profession is that you never stop learning. Fifteen years into practice, I still feel that every significant matter teaches me something new and that every matter is another opportunity to learn.<\/p>\n

2. You were among only eight lawyers in India featured in the “Asian Legal Business (ALB) Asia Super 50 Disputes Lawyers 2022” list, having also been recognised in the Top 30 Disputes Lawyers in India in 2021. What do you attribute this recognition to, and do you feel such listings meaningfully reflect the ground realities of dispute resolution practice in India?<\/p>\n

The recognition was undoubtedly gratifying, but I view it primarily as a reflection of the confidence clients have reposed in me and the privilege of working with exceptional teams over the years. When I received the recognition, I was working with Juris Corp and under the guidance of Senior Partners, my entire spectrum towards litigation and what it entails shifted.<\/p>\n

Disputes practice is often viewed as an individual endeavour because clients see lawyers arguing in courtrooms or tribunals. The reality is quite different. Every successful outcome is usually built upon months of research, drafting, strategy discussions, and teamwork.<\/p>\n

As for rankings, they are useful indicators but not definitive measures of professional excellence. Some of the finest lawyers I know are not featured in rankings and have nevertheless built extraordinary practices through sheer competence and integrity.<\/p>\n

The ground reality of Indian dispute resolution is that credibility is earned one brief at a time. Clients and courts ultimately judge lawyers not by rankings, but by preparation, judgment, and consistency.<\/p>\n

3. You hold postgraduate diplomas in European Union Competition Law from King’s College, London, and in Competition Policy and Law from NLU Delhi. How has the European framework shaped your approach to matters before the Competition Commission of India (CCI), and is Indian competition jurisprudence sufficiently mature to benefit from that comparative lens?<\/p>\n

My exposure to European competition law was immensely valuable because the European Union has developed one of the most sophisticated competition law regimes in the world. Studying that framework helped me appreciate the role of economics in legal analysis and the importance of balancing enforcement with market efficiency.<\/p>\n

However, one lesson I learnt very early is that comparative law is most useful when it is used thoughtfully rather than mechanically. India’s economy, market structure, and regulatory priorities are distinct. The objective is not to import foreign jurisprudence but to understand the principles underlying it.<\/p>\n

Indian competition law has matured remarkably over the last decade. When the Competition Act, 2002<\/a> was relatively young, practitioners often looked abroad for guidance. Today, the body of decisions emerging from the CCI, National Company Law Appellate Tribunal (NCLAT), and the Supreme Court is substantial enough to stand on its own footing.<\/p>\n

That said, comparative perspectives remain valuable, especially as we grapple with challenges posed by digital markets, platform economies, artificial intelligence, and data-driven business models.<\/p>\n

4. Pre-litigation strategy is a core part of your advisory practice. When a client faces a commercial dispute and must choose between litigation, arbitration, or regulatory complaint, What factors most decisively tip the balance, and how do you guide that decision?<\/p>\n

Some clients need urgent protective relief. Others need a quick commercial resolution. Some want to preserve a long-term business relationship, while others require regulatory intervention to correct market conduct.<\/p>\n

The decisive factors are usually four: the strength and documentary nature of the underlying claim, the urgency of relief needed, the counterparty’s solvency and asset position, and what the dispute resolution clause in the contract actually permits. If a client needs urgent interim protection, litigation is usually unavoidable regardless of an arbitration clause, because most Arbitral Tribunals cannot act with the same speed as a civil court at the interim stage.<\/p>\n

Having said the above, the most effective dispute lawyers are not forum-centric; they are outcome-centric. Litigation, arbitration, insolvency proceedings, and regulatory remedies are all tools. The challenge lies in selecting the right tool or combination of tools to achieve the client’s objective.<\/p>\n

Very often, the best dispute is the one that never reaches final adjudication because the strategy creates leverage for an efficient resolution.<\/p>\n

5. The intersection of competition law and insolvency is complex. CCI approvals during CIRP and competition concerns within resolution plans, is a territory that Indian Courts and regulators are only beginning to navigate. Have you encountered such matters, and is India’s current adjudicatory architecture equipped to handle this convergence?<\/p>\n

Absolutely, and honestly, the Supreme Court just gave us the biggest clarity in Independent Sugar Corpn. Ltd.<\/span> v. Girish Sriram Juneja<\/span><\/a>3<\/sup><\/a>. The old practice of getting Committee of Creditors’ (CoC) approval first, and leaving CCI as a “condition subsequent” is officially dead. The Court made it crystal clear: You get CCI clearance before the lenders even vote on your plan. Period!<\/p>\n

That said, the sequence is settled, but the real friction has not gone away. Here is where it gets tricky on the ground:<\/p>\n

First<\/span>, timelines still pinch. The 330-day deadline bends in practice, litigation adds years, but the pressure on a resolution applicant to get CCI clearance before the CoC vote is very real. You are effectively asking resolution professionals to run a parallel regulatory marathon before the main race even starts.<\/p>\n

Second<\/span> — and this is the under discussed one — “data confidentiality”. In a corporate insolvency resolution professional (CIRP), bidders guard their financial models like state secrets. But filing a Form I with the CCI forces you to disclose sensitive commercial details publicly. For a distressed asset already bleeding value, that transparency can scare off serious bidders or tip off competitors.<\/p>\n

So, is the architecture equipped? For plain-vanilla deals, yes! the Green Channel works fine. But for complex, market-dominant acquisitions, we are still in a grey zone. We know when to knock on CCI’s door now, but the how coordinating disclosures, timelines, and commercial secrecy is still a messy, fascinating puzzle. That is where the real jurisprudential fireworks will happen over the next decade.<\/p>\n

6. The Insolvency and Bankruptcy Code, 2016<\/a> has been in operation for nearly a decade now, through several amendments and landmark judicial interpretations. From your experience of handling complex insolvency disputes, where has the Code delivered on its original promise, and where does it continue to fall short?<\/p>\n

The IBC<\/a> fundamentally altered the credit culture of the country. I would say, the Code<\/a> has fundamentally shifted the balance of power from defaulting promoters to creditors.<\/p>\n

Its greatest success lies not merely in completed resolutions but in changing behaviour. Promoters, lenders, and investors now operate in an environment where insolvency consequences are real and immediate.<\/p>\n

The Code<\/a> also created a common platform for addressing financial distress, replacing what was previously a fragmented and often ineffective framework.<\/p>\n

Judicial interpretation has also matured the Code<\/a> considerably: Mobilox Innovations (P) Ltd.<\/span> v. Kirusa Software (P) Ltd.<\/span><\/a>4<\/sup><\/a> settled what counts as a “dispute” under Section 9, Essar Steel India Ltd. (CoC)<\/span> v. Satish Kumar Gupta<\/span><\/a>5<\/sup><\/a> settled the primacy of the commercial wisdom of the CoC, and more recent rulings have grappled with the discretion available to adjudicating authorities even in financial creditor applications.<\/p>\n

Where the system continues to face challenges is in timelines; the 330-day outer limit is observed more in theory than practice. Litigation at the National Company Law Tribunal and NCLAT stage routinely pushes resolution well past two years, eroding the underlying principles that the Code<\/a> is meant to preserve the value of the distressed assets is highly sensitive to delay, and prolonged litigation can undermine the very objective of resolution. Operational creditors also remain structurally disadvantaged compared to financial creditors in both voting share and information access, and the appellate backlog at the NCLAT means even a well-conducted CIRP can stay tied up in appeals for a year or more after approval.<\/p>\n

Another area that requires continued attention is predictability. The IBC<\/a> has benefited enormously from judicial development, but stakeholders still seek greater certainty on several recurring issues. As the ecosystem matures, consistency and speed will become just as important as substantive correctness.<\/p>\n

7. Banking recovery disputes are now shaped by the overlapping and sometimes competing frameworks of SARFAESI, DRT proceedings, and the IBC. How do you navigate this multi-forum complexity for your clients, and are there systemic inefficiencies in the current architecture that you believe require urgent reform?<\/p>\n

Modern banking disputes are no longer confined to a single statute or forum. A single exposure can simultaneously involve enforcement proceedings, insolvency proceedings, arbitration claims, fraud investigations, and regulatory issues.<\/p>\n

The challenge for lawyers is not simply to win proceedings individually but to ensure that each proceeding forms part of a coherent overall strategy.<\/p>\n

In practice, I navigate this by identifying, at the outset, which forum gives the most enforceable and fastest relief for that particular asset and security structure, rather than treating SARFAESI, DRT, and IBC<\/a> as competing options to be tried simultaneously. The moment a Section 7 application is admitted and a moratorium kicks in under Section 14, SARFAESI action against the corporate debtor’s assets has to stop but enforcement against personal guarantors, or assets not owned by the corporate debtor, can often continue, and that distinction is where a lot of strategic value lies.<\/p>\n

Apart from duplication where similar issues are often litigated before multiple forums, resulting in increased costs and delays, the systemic inefficiency I see most often is forum shopping by both sides. Creditors initiating SARFAESI to create pressure even where insolvency is the more appropriate route, and debtors using one forum’s pendency to stall another.<\/p>\n

A clearer sequencing rule, making the choice of forum binding once invoked, rather than allowing parallel proceedings until one side blinks, would meaningfully reduce wasted judicial time. Albeit, a hit on the legal fees of a lawyer.<\/p>\n

The objective of future reform should be greater procedural coherence without compromising specialised expertise. The legal system should be complex only to the extent necessary; beyond that, complexity becomes a cost imposed on stakeholders.<\/p>\n

8. You have appeared across courts and tribunals nationwide on some of the most complex commercial disputes of our time. What advice would you offer to young lawyers particularly those from non-NLU backgrounds, who wish to build a credible practice in dispute resolution?<\/p>\n

I am particularly passionate about this question because the legal profession remains one of the few professions where sustained merit can meaningfully overcome pedigree.<\/p>\n

My advice is simple: focus relentlessly on fundamentals.<\/p>\n

Learn to read files thoroughly. Learn to draft clearly. Learn to research efficiently. Learn to think commercially. Learn to communicate persuasively.<\/p>\n

Most importantly, become dependable. Senior lawyers and clients value reliability far more than brilliance.<\/p>\n

I have worked with outstanding lawyers from every conceivable educational background. The profession eventually rewards competence, integrity, and perseverance.<\/p>\n

Your law school may influence where you begin, but it does not determine where you finish.<\/p>\n

9. Looking back across fifteen years of practice, is there a particular matter, not necessarily the largest or most high-profile, that you consider the most intellectually challenging or formative, and what did it teach you about the craft of lawyering?<\/p>\n

Interestingly, the matters that shaped me the most were not necessarily the largest or most publicised.<\/p>\n

They were matters where the answer was genuinely unclear—where the law was evolving, precedents were limited, and first-principles reasoning became essential.<\/p>\n

Those cases taught me that lawyering is ultimately about judgment. Clients do not come to lawyers merely for legal knowledge. They come for perspective, risk assessment, strategy, and solutions.<\/p>\n

Perhaps the most enduring lesson has been that advocacy is as much about listening as speaking. The better one understands the client’s problem, the better one can identify the legal pathway to resolve it.<\/p>\n<\/div>\n\n

1.<\/a> Advocate with practice in Arbitration, Commercial and Banking Disputes and Competition laws.<\/p>\n

2.<\/a> BA LLB (Hons.) VIPS, GGSIPU, Former Student Ambassador.<\/p>\n

3.<\/a> (2025) 5 SCC 209<\/a> : (2025) 3 SCC (Civ) 223 : (2025) 259 Comp Cas 516.<\/span><\/p>\n

4.<\/a> (2018) 1 SCC 353<\/a> : (2018) 1 SCC (Civ) 311 : (2017) 205 Comp Cas 324.<\/span><\/p>\n

5.<\/a> (2020) 8 SCC 531<\/a> : (2020) 219 Comp Cas 97.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Interviewee — Mr Dhruv Malik1<\/sup><\/a>
Interviewed by Ansh Goyal2<\/sup><\/a><\/p>\n","protected":false},"author":67011,"featured_media":392987,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1189],"tags":[3226,102757,30223,56413,6671,108953,31359,37235,71152,30361,84416,22064,50837,2873,3795],"class_list":["post-392978","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-interviews","tag-arbitration","tag-arbitration-india","tag-commercial-disputes","tag-commercial-litigation","tag-competition-law","tag-competition-law-india","tag-corporate-law","tag-dispute-resolution","tag-dispute-resolution-in-india","tag-ibc","tag-indian-legal-industry","tag-insolvency-and-bankruptcy-code","tag-insolvency-law","tag-legal_profession","tag-litigation"],"yoast_head":"\nGrowing with the Profession: Mr Dhruv Malik’s Perspective on Competition, Arbitration and Insolvency Disputes | SCC Times<\/title>\n<meta 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