Conversation with Ms. Rishi Agarwal

Welcome to Brief Encounters: Law School & Beyond, a podcast by Project LLM. The series explores journeys of Indian professionals who have pursued legal education abroad. The goal is to bring out stories, experiences, and practical advice to inspire and guide others considering an overseas legal education.

Today, we have the pleasure of speaking with Ms. Rishi Agarwal, an accomplished Indian-qualified lawyer. Ms. Agarwal holds a BBA LLB (First Class Honours) from Amity Law School, Amity University, with a specialization in International Law. She further pursued a PG Diploma in Alternative Dispute Resolution from NALSAR University of Law, Hyderabad, India, and an LLM in International Arbitration and Dispute Resolution from the National University of Singapore (NUS). 

Ms. Agarwal is practicing as a Litigation Counsel before the Calcutta High Court and the Supreme Court of India, where she has handled various civil and commercial disputes. She has also gained valuable experience as a Case Manager with the Permanent Court of Arbitration (PCA) at their Singapore office, assisting Legal Counsels in administering international arbitration hearings in Singapore and across Europe.

Was pursuing a career in law always your ultimate goal, or did your interest in the legal field evolve over time?

To give a brief background, I come from a family of lawyers, and law has been a constant presence in my life. My journey began outside courtrooms, watching my mother argue cases. Despite this exposure, I initially felt that law wasn’t for me and wanted to become a neurologist, inspired by a neighbor who was a neurosurgeon. However, my mother encouraged me to explore law, hoping that at least one of her children would continue the legacy.

She enrolled me in CLAT coaching while I was still in school, suggesting I try it out. Surprisingly, I found myself enjoying it. An interesting anecdote my mother often recalls is how, as a child, I would use legal jargon. At the age of eight, I even drafted an agreement with my father outlining terms for vacations, such as two trips per year—one abroad and one within India. My mother believes this was an early sign of my interest in law, even if I didn’t realize it at the time. So, while it’s a family legacy, it’s also a path I’ve come to embrace and build on my own.

You pursued an integrated BBA LL.B. at Amity Law School, specializing in International Law. How did this experience influence your interest in international law?

My interest in international law started back in school when I participated in debates and Model United Nations (MUN) competitions. I represented Crimea in one of the MUNs, which piqued my curiosity about the UN system and international affairs. I’ve always been passionate about history, and I enjoy reading stories that reveal the background of significant events. When I studied World War II and related treaties, I became fascinated by the history embedded in international law.

When I started my LL.B., the option to specialize in international law became available in my third year. Given my prior interest and the historical depth of the subject, I knew it was the right choice for me.

Did your interest in arbitration develop during your undergraduate studies?

Yes, partially. At that time, international arbitration wasn’t as popular among students as it is now. It was gaining momentum, but it wasn’t widely pursued. I had the chance to attend a seminar in Delhi where Gary Born, a prominent figure in the field, spoke. This experience broadened my perspective on the vast potential of international law and arbitration. In law school, international law was primarily taught through treaties and conflicts of laws, but the dispute resolution aspect wasn’t emphasized as much.

This gap motivated me to pursue advanced studies in arbitration to explore uncharted subjects. Arbitration seemed efficient and aligned with my goals, particularly with its development in India. Although we studied arbitration laws, international arbitration wasn’t a significant focus back then. My interest grew as I recognized the importance of understanding multiple jurisdictions and legal systems in resolving disputes involving different countries.

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After your undergraduate studies, you pursued a diploma in Alternative Dispute Resolution (ADR) from NALSAR University. What motivated you to take up this diploma, and how did it contribute to your expertise?

During my time at law school, I studied arbitration, focusing primarily on the Indian context, covering contract and commercial arbitration. In 2020, when COVID-19 hit and I graduated, opportunities were limited. I didn’t want to waste my time, so I decided to build my niche by gaining more advanced knowledge in arbitration through a diploma. It was a skill-building exercise, allowing me to deepen my expertise during the lockdown period, making productive use of that time.

Was this experience instrumental in your decision to pursue an LL.M. in International Arbitration and Dispute Resolution at the National University of Singapore (NUS)?

Yes, absolutely. Pursuing a foreign LL.M. was a deliberate decision because I wanted to gain international exposure and step out of my comfort zone. I believed that experiencing different cultures and legal systems would be invaluable. International arbitration, especially at a place like NUS where Professor Gary Born teaches, aligned perfectly with my broader legal goals. I was eager to learn about both common law and civil law systems, and the program offered subjects like investment arbitration, which I hadn’t explored during my undergraduate studies. This exposure allowed me to connect public international law principles with practical applications in investment arbitration, enriching my understanding and interest in the field.

When considering a master’s degree abroad, what factors did you prioritize, and how did you finalize your choice of NUS?

The first step was deciding the subject I wanted to specialize in—arbitration. I always advise choosing a subject that aligns with your long-term career goals or interests because pursuing a master’s is a huge commitment. After deciding on arbitration, I researched universities offering niche arbitration courses rather than relying solely on rankings, as rankings don’t always reflect the quality of specific programs.

For example, Cambridge is a prestigious university, but it doesn’t offer a specialized arbitration program. I focused on universities like UCL, Queen Mary, and NUS, all of which have strong arbitration and dispute resolution programs. I narrowed down my options to these four universities (Cambridge, UCL, Queen Mary, and NUS) and only applied to them to save time and resources.

Ultimately, I consulted my mentors, leveraging my family’s connections in the legal field. I spoke with several reputed lawyers and even met with Justice Indira Banerjee, who suggested Singapore as a fresh and innovative option compared to the conventional choice of the UK. Her advice led me to choose NUS.

How did you prepare yourself academically to stand out for the NUS program, and what do you believe were the key factors that contributed to your success in gaining admission?

I decided not to rely on admission counselors, as they often push candidates towards universities they have partnerships with, which may not align with one’s true interests. Instead, I prepared my application independently, starting five months before the deadline. I focused on three key areas: my Statement of Purpose (SOP), letters of recommendation, and my CV.

Your CV is crucial when applying for a master’s program. It should reflect not just your academic performance but also your practical experience through internships. They expect applicants to bring foundational legal knowledge and some level of practical insight. It’s essential to present all achievements and skills honestly, as they seek genuine learning experiences, not just theoretical knowledge.

For the SOP, I made it personal rather than generic. Universities want to understand who you are and what your true purpose is. They look for authenticity, so I highlighted my journey, challenges, and growth. I also mentioned why I chose NUS, emphasizing the professors and the Center for International Law, which aligns with my interests in arbitration. It’s important to show how you can contribute to the university community and not just study for a degree.

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You mentioned that you are involved in setting up an arbitration and mediation center in Calcutta. Could you share more about that initiative?

Yes, my mother and I have opened a mediation and arbitration center in Calcutta. I’m using the knowledge and practical experience I gained in Singapore to implement new technologies and practices in the center. My goal is to bring efficiency to arbitration proceedings in Calcutta, as the local processes currently lack technological advancements that are common in international settings. While it’s a small initiative now, I aim to expand it and integrate more efficient practices to improve the arbitration landscape in my city.

Apart from your mentors, were there any other resources or tools that helped you during your application process?

LinkedIn was an invaluable resource. It’s a platform where you can connect with professors, students, and legal professionals. Initially, there’s often a hesitation about reaching out to people, but I learned that many are willing to help when approached professionally. I connected with current students and alumni of NUS to understand their experiences and sought feedback on my CV and SOP. Their insights were crucial, as they had first-hand knowledge of what the program looks for, which was more helpful than the generic advice offered by admission counselors.

What were your biggest takeaways from the LL.M. program at NUS, known for its focus on practical and interdisciplinary learning?

The biggest takeaway for me was learning to study smarter. At NUS, the approach was very different from what I experienced in India. In India, lectures were more about receiving information from the teacher, but at NUS, classes were discussion-based. We were expected to come prepared and contribute actively to discussions, analyzing case laws from European and US legal systems to understand the underlying concepts.

I primarily took subjects in investment arbitration and legal writing. NUS offers practical subjects where we dealt with real-life case studies. For instance, in one drafting subject, we had to draft a statement of claim or defense for a river dispute between three countries. It was a hands-on experience where we learned from a leading arbitration practitioner.

One lesson that stood out for me was the importance of identifying loopholes in cases. It’s not just about building a strong argument but also recognizing potential weaknesses. This insight has been valuable in my practice, as it allows me to anticipate challenges and prepare accordingly.

Did you engage in co-curricular activities during your time at NUS, and how did you balance them with your studies?

Yes, it was quite hectic to balance everything within the one-year duration, but I wanted to make the most of my time there. I joined the NUS Law Club and participated in the Mentor-Mentee Program, where I mentored high school students on policymaking related to smoking. We worked together to structure policies that highlighted the negative impacts of smoking. It was a fulfilling experience, allowing me to give back to the local community while enhancing my leadership skills.

You also attended the Winter Arbitration School course by Arbitration Lab at the University of Milan. How did this program complement your existing knowledge?

The Winter Arbitration School was an incredible experience. It offered a broader perspective on arbitration beyond what I had learned at NUS. The course covered various specialized fields like sports arbitration and intellectual property arbitration, which were new to me. It was a professional-level course, requiring us to complete assignments to earn certification.

Apart from gaining practical insights, the program was a valuable networking opportunity. We had arbitrators, partners from top law firms, and judges, including one from Los Angeles. These connections are crucial for building a career in international arbitration, and such programs provide an excellent platform to expand one’s professional network while learning about different legal systems.

Singapore is known for having one of the toughest job markets. How did you secure an opportunity with the Permanent Court of Arbitration (PCA), and what was the experience like?

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Yes, the Singapore job market is indeed very competitive, especially for foreign-qualified lawyers. Initially, I felt demotivated when I realized that most law firms required a Singapore qualification, which I didn’t have. I decided I might just enjoy my last month at NUS and return to India. However, my mother encouraged me to apply and give it a shot, so I dedicated a month to applying sincerely.

I sent out nearly a thousand applications, met numerous lawyers, and attended networking meetings. While many people were unable to offer me a job, they were approachable and provided guidance and referrals. This experience built my confidence and expanded my network significantly. Eventually, I saw an opening at PCA on LinkedIn. I had always dreamt of working there, so I applied, thinking it was worth a shot.

At first, I didn’t hear back for months and assumed I didn’t get it. However, just as I returned to India after my convocation, I received an interview invitation. The timing was unexpected, but I attended the interview with a relaxed mindset, as I already had another job offer. This approach helped me perform well. After clearing the interview and the written assignment, I eventually received the offer from PCA, despite initial visa issues with the law firm I had initially accepted.

It was a roller-coaster experience, but it taught me the value of perseverance. Luck played a part, but it was also about taking those small steps and believing in myself, even when the odds seemed against me.

You are currently practicing as a litigation counsel before the Calcutta High Court and the Supreme Court of India, handling civil and commercial disputes. How is your international legal education influencing your litigation practice, and did you face any challenges transitioning from international arbitration back to Indian courts?

The transition was challenging, primarily due to the gap in my CV from working in international arbitration abroad. While my experience with the PCA was valuable, Indian law firms did not see it as directly relevant for litigation roles. I realized that once you take up a specific type of job, you can get typecast, and breaking that mold can be difficult.

Litigation had always interested me, and I had interned in litigation throughout my law school years. Although arbitration and litigation are similar in many ways, with arbitration being a more informal setting, the skills are transferable. When I returned to India, practicing in the Calcutta High Court provided me with hands-on experience, where I learned about court procedures, drafting, and advocacy. It was a valuable learning curve, and I’m now practicing at the Supreme Court under the guidance of a senior advocate, gaining even more exposure.

What advice would you give to listeners considering an LL.M. abroad but are unsure if it’s the right choice for them?

My advice is not to pursue an LL.M. solely for the purpose of getting a job abroad. The focus should be on learning and gaining new experiences. If you are motivated by a genuine desire to deepen your understanding of the law and to grow academically, then an LL.M. is a wonderful opportunity. It allows you to build lasting connections and relationships, which are just as valuable as the education itself.

For example, my LL.M. batch at NUS was an all-female group of 24, and we built a strong sisterhood that remains active. These relationships are crucial, as they provide both professional and personal support. An LL.M. is a journey with its ups and downs, but you always have the option to return to your country and practice there.

To summarize, don’t view the LL.M. as a pathway to jobs alone. Approach it as a chance to learn, grow, and build a network that supports your long-term career goals.

(This transcript is based on the original interview’s audio. It is a refined version and may contain minor errors, omissions, or variations from the verbatim recording. For the guest’s exact inputs and sentiments, please listen to the podcast episode.)

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