Interview: Bharatendu Agarwal | Assistant Professor of Law, Manav Rachna University

Bharatendu Agarwal is a seasoned legal and policy professional with over eight years of experience dedicated to advancing legal frameworks and capacity building in both academic and international organizational settings. He holds a B.B.A. LL.B. (Hons.) from National Law University, Jodhpur, and an LL.M. in International Commercial Arbitration from Stockholm University, Sweden.

Significant highlights of his professional journey include the time spent as an Arbitral Assistant to Justice R.C. Lahoti, former Chief Justice of India and his tenure as Assistant Director (Law) at the SAARC Arbitration Council (SARCO) in Islamabad.

Currently, he is a full-time academic at Manav Rachna University. In addition to his formal roles, he has interned at the Singapore International Arbitration Centre (SIAC) and was a founding member of the Indian Journal of Arbitration Law (IJAL).

He has actively participated in prestigious international competitions, including the Vis Moot (Vienna), Jean Pictet Competition (Thailand), ICC Mediation Competition (Paris), and ADR Moot (Hong Kong). He has also attended international courses in Paris and Xiamen.

Interview: Bharatendu Agarwal | Assistant Professor of Law, Manav Rachna University

We recently got a chance to interview Bharatendu Agarwal. Here’s the transcript of the Interview: Bharatendu Agarwal

Legal Bites: What changed your mind about working as an assistant professor after achieving the positions of arbitral assistant, assistant director, and founding member of IJAL?

Bharatendu Agarwal: Teaching has always been something I genuinely enjoyed. I discovered my inclination for it back in classes 11th and 12th when my friends would come to me for lessons on the Julius Caesar novel, which was part of our curriculum. This passion for teaching further manifested at National Law University, Jodhpur, where I took on roles as a moot court coach and a teaching assistant. By my final year of college, I knew that teaching was a career path I could pursue. However, I wanted to gain substantial industry experience first.

After working in the field for about six years, I decided to switch to full-time academia. I joined Manav Rachna University as an Assistant Professor, where I have the opportunity to lecture students on dispute resolution.

Moreover, I have always felt a strong desire to give back to society, which was one of my motivations for studying law. Imparting knowledge to young minds gives me a sense of contributing to social upliftment, even if in a small way.

Legal Bites: Participating in an international moot court competition must be a valuable experience for you. According to you, what are the specific skills students should develop through these competitions?

Bharatendu Agarwal: Participating in international moot court competitions provides law students with an opportunity to develop several core legal skills. These include researching complex legal issues, drafting comprehensive memorials, and presenting their arguments skillfully before a panel of judges. These experiences collectively contribute to a stronger understanding of both substantive and procedural law.

Beyond the core legal skills, moot court competitions also cultivate essential soft skills and ancillary learnings. Such competitions teach participants to be more confident and develop critical thinking and problem-solving skills by addressing unexpected questions and counterarguments. They also emphasize the importance of teamwork and expose students to diverse legal cultures, thereby broadening their perspectives. These experiences encourage students to step out of their comfort zones and learn something new in the process.

Sharing a personal anecdote, at Stockholm University, I was tasked with leading the team for the William C. Vis Arbitration Moot. Our team consisted of seven members from five different nationalities. Understanding each team member's personality and working style to foster a harmonious working environment was a significant learning curve for me. Fortunately, we were able to find a common wavelength and went on to win honourable mentions for both our memoranda. In retrospect, I believe this experience prepared me for the more challenging opportunity of working at the SAARC Arbitration Council (SARCO) in Islamabad.

Legal Bites: From your perspective, What are the most valuable skills an arbitral assistant can develop while working with an arbitrator?

Bharatendu Agarwal: When you work as an arbitral assistant, you have the unique opportunity to hear both sides of an argument and determine the correct position, or to put it dramatically, to do justice. Therefore, it is crucial for an arbitral assistant to thoroughly understand and analyze the issues at hand. An arbitral assistant must think like a judge, carefully considering both parties' arguments to provide a fair and balanced judgment.

Additionally, the ability to draft clear, precise, and just judgments is essential. These skills ensure that the assistant can effectively support the arbitrator in delivering well-reasoned decisions. In no other legal position does a professional get the opportunity to be so integrally involved in the creation of judgments or arbitral awards.

Legal Bites: Have you had any experience with international arbitration? If so, what are some of the unique challenges it presents?

Bharatendu Agarwal: Yes, I have extensive experience in international arbitration, including my time as a student at Stockholm University, my internship at the Singapore International Arbitration Centre (SIAC), and my work with Former Chief Justice of India Justice R.C. Lahoti and the SAARC Arbitration Council (SARCO). The challenges in international arbitration are multifaceted.

In the Indian context, despite the government's and legal community's efforts to enhance the arbitration regime, the impact has been limited. While India aspires to become a global arbitration hub, the progress has not matched the efforts. Discussions about amending the Arbitration and Conciliation Act are ongoing, and such reforms may help us move in the right direction.

Legal Bites: Beyond the legal aspects, what soft skills do you find most important for someone working in arbitration?

Bharatendu Agarwal: Beyond the legal aspects, cultural sensitivity is crucial, especially in the context of international arbitration. Arbitrators and arbitral assistants often work with parties from diverse cultural backgrounds, each bringing different perspectives and practices to the table. Understanding and respecting these cultural differences can facilitate smoother proceedings and foster mutual respect among parties.

Another essential soft skill is effective communication. This includes not only being a good orator but also listening actively and empathetically. Clear and precise communication is vital for presenting arguments and drafting documents. Additionally, strong interpersonal skills help in building rapport and trust with clients, colleagues, and other stakeholders.

Legal Bites: The Indian Journal of Arbitral Law has played a significant role in shaping Indian arbitration practice. Can you tell me about the initial vision you had?

Bharatendu Agarwal: The vision for the Indian Journal of Arbitral Law (IJAL) can be credited to Professor Hari Shankar, my arbitration professor at National Law University, Jodhpur. He conceptualized the Centre for ADR, known as CARTAL, under which we launched the journal. Guided by his diligent mentorship, a team of motivated students, including myself, established a robust advisory board and released several impactful editions. These contributions laid a solid foundation for IJAL, which has now become one of India's flagship journals in arbitration, thanks to the continued efforts of subsequent teams.

Legal Bites: In your role as Assistant Director at the SAARC Arbitration Council (SARCO), what experience changed your vision towards life?

Bharatendu Agarwal: My tenure at SARCO in Islamabad was transformative. Initially, I had reservations about safety, but I quickly realized that it was a secure and welcoming environment.

This experience reinforced my belief in the principles of international law and the United Nations Charter, which emphasizes the importance of understanding and cooperation among states. The hospitality and friendliness of the people I encountered taught me that mutual respect and open-mindedness are essential. This experience broadened my perspective and made me a more empathetic and well-rounded individual.

Additionally, my time at SARCO taught me invaluable lessons in courage and critical thinking. I learned how to critically assess delicate situations, manoeuvre through volatile circumstances, and apply diplomacy effectively.

Often there were highly charged moments where it was crucial to remain composed (India beating Pakistan in a World Cup Cricket match) and even silent (Wing Commander Abhinandan Varthaman being taken captive by the Pakistani army). These experiences made me more adept at handling challenging situations with tact and discretion.

Legal Bites: You have worked under well-named people and organisations, what is the specific habit or a piece of advice you are consistently following?

Bharatendu Agarwal: One habit I've observed among successful individuals is maintaining a strong routine. Many of them start their day early and accomplish a significant portion of their tasks, which sets a productive tone for the rest of the day. While I strive to follow this practice, consistency remains a challenge. Nonetheless, this discipline is something I continually aim to integrate into my routine.

Legal Bites: How do you stay updated with the latest developments in law to ensure you provide the best education to the students?

Bharatendu Agarwal: Staying updated with legal developments is crucial for providing quality education. I utilize various online resources, including platforms like Legal Bites, which offer precise and timely updates on legal matters. These resources help me stay informed and ensure that my teaching material is current and relevant.

Legal Bites: In your opinion, how do online platforms such as Legal Bites assist young lawyers in staying updated on recent developments?

Bharatendu Agarwal: Online platforms like Legal Bites are invaluable for young lawyers. They provide timely updates that help legal professionals stay informed about recent developments. Having access to such resources ensures that young lawyers are well-equipped with the knowledge needed to excel in their careers.

Legal Bites: Do you consider extensive online libraries such as Legal Bites to be a convenient resource for accessing information on a wide range of topics in one place?

Bharatendu Agarwal: Absolutely. Extensive online libraries like Legal Bites are extremely convenient for accessing a broad range of topics. They offer not only articles and updates but also test series and other resources that aid in continuous learning and exam preparation. These platforms are essential tools for both students and professionals in the legal field.

Legal Bites: Thank you so much!