IJAL EXCLUSIVE: MR. AYAN DE ON ROLE OF LITIGATION IN BUILDING A CAREER IN ARBITRATION

The landscape of Alternative Dispute Resolution (ADR) in India is evolving rapidly, driven by favorable judicial attitudes and increasing international integration. To provide young professionals and law students with real-world insights into navigating this dynamic field, the IJAL Blog is launching a new interview series with leading practitioners.

For our inaugural post, we spoke with Mr. Ayan De, Partner at AKS Partners. With a practice spanning commercial litigation, domestic, and international arbitration, Mr. De provides a unique perspective, having transitioned his career from a commercial litigator in India to specializing in investor-state arbitration in London before returning to lead an international practice in Delhi.

In the following excerpts, Mr. De shares invaluable advice on career foundations, the essential skills needed for a successful arbitration practice, and his candid assessment of India’s push to become a global hub for dispute resolution.

I. Career Trajectory and Instincts: The Path to Arbitration

Mr. De shares how his initial interest in litigation evolved into a specialization in international arbitration, emphasizing that intentionality was key at every stage of his career.

IJAL: Could you please walk us through your career trajectory. From your earlier roles and what sort of educational decisions that you have had to take to come to your current position as a partner. And what were your particular instincts that shaped your decisions at every stage and the whole transition of you working from India to London and then back to India.

Ayan De: “I started in 2011 with commercial litigation. I did that for almost four years and five months. The first four years were completely dedicated to commercial litigation. But then, as time passed, I realized that... litigation is the mother of all arbitrations, especially commercial arbitrations. I had to focus on arbitration a lot more... The first educational decision was to pursue an LLM in London. But I was not very keen on corporate law. I was very clear in my head that I will pursue only the subjects which will help me in litigation and in arbitration. So I took up subjects like international commercial litigation, international commercial arbitration, and investor-state arbitration, which, I can tell you today, is what has actually helped me a lot.”

 II. The Indispensable Foundation: Why Litigation Comes First

Mr. De emphasizes that a career in arbitration is rarely a starting point; rather, it's a natural evolution from a commercial litigation background. He stresses the non-negotiable nature of courtroom experience for any aspiring arbitration counsel.

IJAL: What are the skills that you think are completely non-negotiable today for a young lawyer aspiring to build a career in international arbitration?

Ayan De: “The skills, the knowledge, the expertise that you would gather while doing hardcore commercial courtroom litigation, those skills are actually transferable to your arbitration scenario... Litigation is sine qua non. If you really want to become a good arbitration lawyer, litigation is absolutely mandatory.”

The rigor of commercial courtroom litigation, including real-world advocacy and drafting, provides a skillset that is foundational and cannot be bypassed. Mr. De advises students to dedicate at least two to three years to quality litigation work before specializing, noting that this training will be invaluable when handling complex international arbitrations against equally sharp global counsel.

III. Mooting Culture and Academic Gaps

The popularity of moot courts in India has introduced young lawyers to arbitration concepts early, but Mr. De points out a disparity between academic training and practical application, particularly the lack of dedicated LLM programs.

IJAL: As far as I understand, none of the NLUs even offer a proper arbitration-specific LLM programme. So, in this scenario, what is the role of mooting culture?

Ayan De: “I personally feel that the mooting culture... has played a very important role in getting young lawyers to know about international arbitration. I mean, I would not have known about international arbitration if I would not have done a moot court competition on international arbitration. But the mooting culture is only a small part. At the end of the day, you have to be practical. I mean, the way you draft a legal notice is very different from the way you draft a plaint or a petition... So, the mooting culture is good for the students to actually know about the law, but for the practical aspects, they have to work and they have to get that experience.”

IV. Global Skills Transfer: The Art of Focused Research

Discussing his experience working abroad at top-tier London firms, Mr. De highlighted the differences in working culture and the specific skills that define elite global practice, particularly in research and strategy.

IJAL: Were there any specific challenges or disadvantages that you faced coming from an Indian legal environment when you first moved to a foreign law firm?

Ayan De: “The research... they are extremely good at their research... I saw the best of the lawyers... they exactly knew what to not look for. And that is a huge quality. The moment you know what not to write and what not to look for, your problems, like at least 50% or 40% of your problems are solved.”

This insight underscores a critical skill: the ability to conduct surgical and precise research. Beyond knowing what information to find, the mastery lies in knowing how to filter out irrelevant information, allowing the practitioner to focus only on the essential legal points that support the client's position.

V. India's Evolving Pro-Arbitration Stance and the Need for BIT Reform

India has significantly shifted its judicial and legislative stance to become a pro-arbitration jurisdiction. However, Mr. De points out that further reforms are necessary to attract foreign investors, particularly concerning India’s Model Bilateral Investment Treaty (BIT).

IJAL: If you had a reformed wish list for India's arbitration regime over the next year or two, what would that include?

Ayan De: “I think two reforms... Number one, is maybe having a different definition or maybe a more narrowed-down definition of a fair and equitable treatment . And number two, a lot of investors have really faced the problem or have been on the back foot because of the dispute resolution clause that the Model Indian BIT has.”

The current Model BIT mandates multiple layers of dispute resolution, including up to five years of mandatory exhaustion of domestic remedies. While these clauses reflect state autonomy, Mr. De suggests they must be made "a bit less strict or maybe a little more flexible" to strike a better balance between state regulatory power and investor protection, thereby strengthening India's commercial optics globally.

VI. The Long-Term Investment: Patience in Litigation

Addressing the common concern among young lawyers regarding the financial stability of a litigation career compared to corporate law, Mr. De offered a deeply personal perspective on perseverance.

IJAL: How should young lawyers navigate the challenge that litigation is comparatively not as financially lucrative towards the beginning of their journey?

Ayan De: “Litigation is the alternative alter ego name of litigation is called patience... You are not going to be earning that much amount of money... But what you're doing in those first two years, three years, you are basically planting the seeds that will germinate and then give you returns, possibly the fourth year and the fifth year onwards.”

Mr. De cautions that litigation is a long-term investment that requires a strong passion and willingness to accept long hours and less compensation in the initial years. He stresses that the challenge and the love for the work will ultimately trump the short-term financial sacrifices required to build an established practice.