Vanshika Tewari
Desi Kaanoon recently got an opportunity to interview Advocate Mr. Siddharth Baskar. Mr. Baskar is an alumnus of Amity Law School Noida and O.P. Jindal Global University, where he has done his master’s in Alternative Dispute Resolution. He is passionate about alternative dispute resolution and was a stellar student. He serves as an example for all budding lawyers. He is currently working as an Associate in the Dispute Resolution and Litigation Team of Fox Mandal & Associates LLP at New Delhi. Here are a few snippets of his conversation with Varenya Vaish from Desi Kaanoon-
Q1 What made you pursue a career in a rare field like ADR?
A1 Beginning with internships in my second and third year of law school, some of which were with the Ministry of Aviation and Delhi International Arbitration Centre (High Court), Delhi Dispute Resolution Centre (Ministry of Law and Justice), the ones that ignited my interest in dispute resolution, I began to build my CV in order to demonstrate my interest in this specific sector.
I was interested in every aspect of the arbitration process, including how an arbitral tribunal operates, the functions of counsel in arbitration, the function of the mediator, etc.
I also participated in competitions related to this topic, which made me more aware of my true passion.
It helped me realise how effective these out-of-court dispute resolution methods are. My internships, therefore, sparked my curiosity in this industry. This encouraged my desire to learn more about the field and solidified my decision to seek a master’s degree in alternative dispute resolution.
Q2 As per your experience, what is one thing that you love about Law and one that you would like to improve?
A2 One feature of Law that I really like is that it is necessary everywhere; for example, sports organisations, fashion businesses, airports, space institutions, etc. all need lawyers and are subject to legal regulations. The good aspect of Law is that it is always changing and expanding.
It is clear how laws have evolved over time. The scope of cyber Law has expanded; even the ADR industry now offers virtual conflict resolution, and cutting-edge techniques like artificial intelligence and arbitration are helping to modernise the legal system. It is continually evolving, and fresh ideas are always emerging.
Coming from the ground up, I resent how little exposure law students are given to the actual procedure and practical experience of the courts. This is based on my own knowledge as a law student. Not many professors instructed us to consider the practical element of Law during my time in law school, either. Practical experience is essential and will be very helpful to you.
When I was pursuing my master’s at OP Jindal (2021-2022), our investment arbitration professor made us participate in moot arbitration for the topic during class; in these moots, one would serve as petitioner and one as respondent and lastly, on would be an arbitrator. Participating in class moots during my master’s programme, I could better comprehend investment arbitration and learn how an arbitral tribunal should operate.
Similarly, teachers and universities need to support their pupils and encourage participation in assisting them in developing into competent attorneys.
Q3 How did participation in legal competitions make you the law expert you are now?
A3 Thank you! but I am not a law expert. I am a beginner like everyone else.
Confidence was the main factor for my success in legal competitions. I had such a hard time speaking up, but as I started participating in these events, they gave me a new, wide-ranging area to concentrate on improving as I talked.
Participating in the competition, for instance, convinced me that you must modulate your voice, speak in a particular way, and, if you are mooting, raise your voice to a certain level while keeping it from being angry.
So, these are the little things you should know that will benefit you in court.
Yes, there are significant differences between the moot court and actual court proceedings, but participating in moot court does give you valuable practical experience and exposure while also enhancing your confidence and self-esteem.
Because of this, I have been able to envision a brighter future for myself at this very time. I am highly conscious of what to say and how to say it when I speak to interviewers now or have in the past. These participations in the competitions have improved my understanding of the specifics on which I should concentrate. For instance, when I am asked a question about arbitration in an interview, I can easily speak about what is written in the book. However, if I respond with examples from my real-world experience, it really paves the way. It makes an impression on the interviewer and makes the interviewer or the person sitting next to you more interested in the conversation.
As a result, the competition’s practical knowledge helped me immensely and increased my awareness and confidence.
Q4 From learning to writing and publication, which article was your favourite, and what made you indulge in legal writing?
A4 I don’t have a particular favourite publication as such. I have quite a few, but the last one I wrote, i.e., my Dissertation on – ‘Mediation- a favourable dispute resolution method. It provided valuable information about Mediation and what has to be done in India to improve communication in Mediation.
My parents are in academics, so in my first year, I talked with them to learn how to write a paper. I have to give them a lot of credit for it. They inspired me to learn the research process and the components of empirical, field-based research. I think that as time went on, I gradually developed an interest in writing papers, which paved the way for me to choose a career in academics later.
I believe law students must write about a variety of topics, as it will help them develop critical thinking and research abilities that are crucial and distinguish them from other students.
Q5 Reaching the position where you are is commendable and truly motivating. So how did you overcome all the difficulties that came your way?
A5 Yes, the path had its ups and downs, as it would for any law student, as I previously stated. Being a first-generation lawyer, it was not easy for me to reach the heights of landing a good internship or even finding a job today. All I could advise is to be genuine, concentrate on your skills, and make friends. I suppose that’s something I’ve learned recently: in order to succeed in any sector, you need to be open and able to connect with others. In other words, you must engage with individuals who match your interests.
For instance, I have a passion for ADR, So I need to get in touch with experts in that area. I’m still growing, so I’m looking forward to it, and let’s see where the journey takes me.
Q6 Amongst all the different ADR techniques, which kind intrigued you the most?
A6 I think I’ll say that out of all of them, Negotiation and Mediation were the two that intrigued me the most.
I bring this up because when you compare it with other strategies like arbitration, which is a quasi-judicial process, or conciliation, where a conciliator acts more as an adjudicator. The parties’ involvement in these processes is minimal. However, Mediation is a party-driven process in which the parties take the initiative and make the decisions, with the mediator simply facilitating the conversation.
Similarly, negotiation is a good option for other dispute resolution methods since it allows parties to engage on their own terms without outside influence. When it comes to parties, they prefer to discuss the situation one-on-one before opting for other dispute resolution mechanisms.
I believe that negotiation is the best procedure. In the current context, the majority of commercial disputes have arbitration agreements, and many parties have also included negotiation, which is the first phase, in their agreements. If that doesn’t work, there’s Mediation, and even if that doesn’t work, there’s arbitration, and then the courts save the day.
As a result, there are numerous options, and the parties choose the best for themselves.
So yes! Both of them piqued my interest, and I’m continually learning more about cross-border negotiations concerning international law. I have always enjoyed it and will continue to do so in the future. Suppose I have to work in the international realm, diplomacy per se. In that case, I must know that many diplomatic talks take place through negotiation, specifically cross-border negotiation, after which the parties and the UN or other bodies have a discussion and come to a decision.
Q7 Best stored with good knowledge of the field of ADR. What advice would you extend to all upcoming lawyers?
A7 As I continue to learn, I look forward to expanding my knowledge. Be yourself is the one piece of advice I would like to provide to law students and everyone else. Most essential, don’t stress about the outcome because it would add a lot of pressure. The process might be slow, but it’s worth it. Instead, concentrate on the necessary actions and small steps. If you must pass an exam or interview, concentrate on how much time you must dedicate and plan your study time accordingly.
Focus on these modest stages; you might fail, but failure implies that you’re on the correct track, so keep trying. The day would end with you absolutely succeeding.
The most important thing is that, regardless of the outcome, you have acquired sufficient knowledge that will undoubtedly be useful to you in the future.
Q8 Lastly, with your knowledge, do you think ADR techniques are taking over the means of dispute resolution, or will the court and litigation sustain?
A8 See, you can’t compare the courts being replaced with ADR. Courts have absolute authority.
They are the most important institution in our nation and the entire world because, as you may be aware, numerous situations call for judicial discretion and determination. Not all disputes can be resolved outside of court. However, many lawsuits today are indeed settled out of court.
Yes! Although it is possible to settle a dispute without going to court, let’s look at an example where the arbitral tribunal has granted the parties a remedy or an interim measure, but the parties are dissatisfied. What would they do next? They’ll appear in court. Therefore, you cannot say that the court’s role is over. The best solution, in my opinion, is to resolve disagreements outside of the courts wherever possible.