Corporate and Commercial Law Forum

LSS’s Corporate and Commercial Law Forum

Submissions are welcomed

A STEP TOWARDS ENHANCEMENT OF CORPORATE GOVERNANCE: PROVISIONS FOR FRAUD

Abstract:

The article is on one of the most important and emerging areas of jurisprudence in corporate law that is on the issue of corporate fraud. Its contribution in strengthening the corporate governance structure of the country is analysed. Whenever the headlines about corporate fraud surface, the trust reposed in the corporate entities gets affected. It therefore, becomes pertinent to note how the corporate law deals with this menace of fraud that has permeated in to the transactions and leads to lowering down of confidence of investors and shareholders.

Authored By Rishab Aggarwal & Harshil Vijayvargiya, Gujarat National Law University.

A Comprehensive Approach to a Successful M&A Deal

Abstract:

Corporate Law is one of the booming fields of law and mergers and acquisitions form the heart and soul of this area of practice. In an ever competitive market, it is very crucial for big corporates to make their presence felt. As a result such firms constantly look for opportunities to expand their business and consolidate their market power. As easy as it seems from the outside, it is an extremely arduous task to successfully execute an M&A deal. There are various factors that are taken into consideration and they need to be carefully negotiated by both the parties. This paper aims to provide a detailed insight into the important issues that are connected to an M&A deal and how they can be effectively negotiated to ensure the overall success of the transaction.

Authored By Aditya Kasiraman, Bharati Vidyapeeth (Deemed to be University), Pune.

LABOUR LAW In Covid-19 Times

Abstract:

In recent times we have seen that centre government and many state government have passed the ordinance to suspend labour laws so that the economic activities are back on track and the economy can recover from the recession that is going in the country at the present and Covid-19 has only worsen the situation for the labours and the working class. In India there is no single act or code that are governing the laws of labour. Some of the major laws that are governing the labour laws are the Trade Unions Act, 1926 Minimum Wages Act, 1948 Payment of Wages Act, 1936 and many more so let us take a look at history of labour law in India Weather or not the labour law in India are that of the International standard and how The current situation of Covid-19 will effect the laws in India

Authored By Ansh Kumar, Gujarat National Law University

RELATED

The US – Iran Conflict: A Breach Of International Law

Abstract:

The very purpose for the origination of the International law was aimed towards endorsing economic and social growth alongside furthering international concord and security. The particular article addresses the prevailing conflict between US and Iran alongside bringing light to the instances of breach of International law by the same. This article discloses several prudent occurrences such as the 1983 Beirut barrack bombings, Iran-contra scandal, the infamous “Axis of evil”, 2013 nuclear deal as well as the shootdown of RQ-4A which proved to be monumental happenings in those times thereby shaping the present relation. Detailed analysis of violation of principles of International law by the United States and Iran has been portrayed through incidents, for instance, the hostage crisis, the notorious killing of Qasem Soleimani, attacks on US base by Iran and the disreputable Muslim ban. Lastly, the article manoeuvres to improve the diplomatic relations between the two nations safeguarding the inviolability of International law.

Authored By Akashmika Jena, University Law College, Vani Vihar.

Bois Locker Room: Is India’s Youth In Safer Hands?

Abstract:

The “Bois locker room” incident was an Instagram scandal that allegedly involved an Instagram group which was created and handled by a few teenagers studying from prominent school in Delhi. The conversation on that group chat was flooded by offensive comments, sharing of an objectionable picture of the minor girls, morphing them using abusive language. It all started on 3rd of May 2020; an Instagram chat group was inundated with abhorrent misogynistic comments, sharing photos of underage girls, objectifying them and planning “gang-rapes”.
The group involved teenagers who were more than 26 members educating themselves from an “elite private school”. However, the later news revealed that a minor girl used a fake identity of another named “Sidharth” who was a minor boy and decided to sexually assault herself in the group chat. The idea behind this was to check the reaction of the receiver and to test the character of that person.

Authored By Divya Bothra, VITSOL, Chennai.

Smart Contracts and Cryptocurrencies: The legal Conundrum posed by Blockchain technology

Abstract:

Cryptocurrencies, or virtual currencies, are digital means of exchange that uses a cryptography for security. The word ‘crypto’ comes from the ancient greek word, ‘kryptós’, which means weather hidden or private. Cryptocurrencies challenge the orthodoxy of how a currency works in the ways that worry some and excite others. It could transform the way we do transactions as the so-called distributed ledger technology behind their blockchain can be integrated into all sorts of business processes. The Inter-Ministerial Committee (2019) noted that the technology underlying cryptocurrencies could improve the efficiency and inclusiveness of the financial system. However, several risks have also been associated with cryptocurrencies which have been highlighted through the cryptocurrency bill.

Authored By Parth Bathla, FIMT, GGSIPU, Delhi.

Guerrilla tactics in Arbitration

Abstract:

With globalization and advances in commerce and technology, the need for legal systems to
adapt to mechanisms for enhancing alternative dispute resolution (ADR) methods continues to grow. The rising popularity of ADR can be explained by the increasing number of cases being
handled by the traditional courts and the attendant delays, the perception that ADR imposes
lower costs than litigation, a preference for confidentiality and the desire of some parties to have
greater control over the selection of the individuals who will settle their dispute on the basis of
competence, experience and absence of bias. 2 In dealing with guerrilla tactics in International Arbitration, it is paramount to first and foremost
understand the consequence of the phrase “international arbitration” in relation to the subject of discourse, especially as terms in common use often elude definition.3. t is sometimes said that every arbitration is a national arbitration in the sense that it must be held at a given place and is accordingly, subject to the national law of that place. Whilst this may be an interesting topic for debate, in practice, it is customary to distinguish between arbitrations which are purely
“domestic” and those which are “international”.

Authored By Parth Bathla, FIMT, GGSIPU, Delhi.

A brief note on International Arbitration

Abstract:

International arbitration is similar to domestic court litigation, but instead of taking place before a domestic court it takes place before private adjudicators known as arbitrators. It is a consensual, neutral, binding, private and enforceable means of international dispute resolution, which is typically faster and less expensive than domestic court proceedings.

Authored By Parth Bathla, FIMT, GGSIPU, Delhi.

Arbitration and Conciliation Amendment Act, 2019- A Critical Analysis

Abstract-

The legal framework surrounding, The Arbitration and Conciliation (Amendment) Act, 2019 came into force in India. The changes in Amendment Act, 2019 has stepped in to promote institutional arbitration in India and to make India a hub of domestic and international arbitration by facilitating the resolution of commercial disputes by arbitration making India an arbitration-friendly jurisdiction. The Indian legislature had initiated the Arbitration and Conciliation (Amendment) Act, 2015, which received the assent of the President of India on December 31st, 2015 and that came into force on October 23rd, 2015 with significant changes to the Arbitration Act and the initial step taken to amend the Arbitration and Conciliation Act, 1996 to provide speedy and effective resolution of disputes through arbitration or conciliation. The article shares an overview of the Arbitration and Conciliation (Amendment) Act, 2019 by discussing the role of domestic and international arbitration. The article explains the establishment of the Arbitration Council of India with a view of the amendment act that broadly deals with various aspects and features of Indian arbitration. In this context, it indicates the effects of arbitral proceedings that commenced before the 2015 amendment act. It likewise illustrates the matter of Hindustan Construction Company by applying the 2019 amendment act. It also discusses the impact on businesses, in general, inserting the 2019 amendment act while proposing the necessary reforms and future concerns

Authored By Divya Bothra, VITSOL, Chennai.

Kulbhushan Jadhav-The Unknown Story

Abstract:

International abduction for spying is existing and continuing even today in many parts of the world. A case between India and Pakistan for abducting Kulbhushan Jadhav of India by Pakistan under the pretext of spying and sabotaging for destabilizing the peace of Pakistan is being discussed in this article. As part of this article, an attempt has been made to cover details about Jadhav, crimes/allegations against him and how his act was viewed by Pakistan and India and lastly how ICJ handled the case and pronounced their verdict.

Authored By S.Shaalini, VITSOL, Chennai.

Internally Displaced Persons And Breach Of National Sovereignty: Contentions And The Way Forward

Abstract:

Protect People? or Protect Sovereignty? During a crisis this the dilemma faced by those in the national government. Apropos international development, no nation is truly sovereign. Greater interests and a global world have crisscrossed our interests and made us dependent on each other. More importantly global citizens have a responsibility to help keep the world safe and free from civil disruption and terrorism. The United Nations Charter frequently stresses on the involvement of the Security Council and chapter seven determines the order of action to be taken by countries in such situations.

Authored By Tejas Sateesha Hinder and Ritik Kumar Rath, National Law Institute University, Bhopal.

Rainbow Warrior Case Of 1982

Abstract:

The determination of settling disputes between countries is known as International Arbitration. The fundamental purpose of dispute resolution is linked to the drive of the United Nations ‘to maintain international peace and security. There are several important international dispute cases in the history viz., the Alabama Claims, Jay Treaty (1974), the Rainbow warrior case etc. This article deals about one such Landmark case namely, “Rainbow Warrior” case of 1982 which outlines how the bombing of the ship was executed by the French intelligence agents, the legal violations associated with this dispute, how the arbitration process resolved the dispute between the countries.

Authored By S.Shaalini, VITSOL, Chennai.

Frontiers Unexplored The Unmapped ‘Space Law’ Territory

Abstract:

On 27 March, 2019, India triumphantly tested indigenously built Anti-Satellite (A-SAT) missile and showcased her ‘earlier underestimated’ scientific competence with respect to space dominion. In spite of meticulous advancement and flourishing technical know-how of the unchartered outer space jurisdiction; too little is known about the laws guarding that very area. Preserving the natural resources abundantly found in outer space requires a channelized mechanism conjoined with targeted policy intervention and active juxtaposition of good governance principles.

Authored by Sanighdha, University Institute Of Legal Studies, Punjab University, Chandigarh.

Better Late than Never-Vermont bans Police Chokeholds and mandates Body Cams.

Abstract:

On 13th July 2020, Governor of Vermont i.e. Phill Scott gave green light to a new law bill. This bill mandates the police personnel to wear body cams on duty and forbids them to use chokeholds while arresting someone. This legislation prohibits the use of any maneuver on a person that applies pressure to the neck, throat, windpipe, or carotid artery that may prevent or hinder breathing, reduce intake of air, or impede the flow of blood or oxygen to the brain. The author will try to throw some light on the history of racism in the USA and will give his critique on such laws.

Authored by Shaurya Shukla, Chanakya National Law University, Patna.

Overview of Third-party Funding Practices in International Arbitration

Abstract:

In the ages of globalization with increasing cross-border transactions, international commercial arbitration has also boomed. Though it is efficient and time-saving compared to the traditional dispute resolution mechanisms the large costs attached to it cannot be ignored. Its solution comes in the form of “Third Party Funding”, “Third-party funding (hereinafter TPF) arises when a third party (the Funder) provides financial support to another party (the Funded Party) to pursue or defend an arbitration or related court or mediation proceedings. Such financial support is provided in exchange for an economic interest in any favorable award or outcome that may ensue.”It is achieved by means of third party contracts (hereinafter) “it is an agreement by a Party to dispute Resolution Proceedings with a TPF entity for the funding of all or portion of the costs of the proceedings in exchange for a share or other interest in the proceeds of the proceedings to which the party may become entitled”.

Authored by Ayush Garg & Mridul Pateriya, Gujarat National Law University.

Polluter pays principle-does it have any status?

Abstract:

The polluter pays principle has evolved as one of the guiding principles in Environmental Law. This principle has played a pivotal role in holding the polluter responsible for his environmental wrongdoings. Polluter pays principle in its literal interpretation means that the polluter will pay for the pollution or damage caused by his actions. This article gives a glimpse on the said principle.

Authored by Raashika Kapoor, Amity Law School (GGSIPU), Delhi

World Without International Organisations

Abstract:

As the arena finds itself in transition from a unipolar, US-ruled system to a multipolar structure with several poles, there is a good sized assumption that international companies, or “global governance”, is essential for this transition and its aftermath to take region in a peaceful manner. Countless IR analysts therefore spend their days analysing methods to make global governance extra powerful. Many proposals emerge each year to reform the UN Security Council, to enlarge NATO, and to “democratize” the World Bank and the IMF, always assuming that powerful international governance will make the sector extra strong.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad.

Tiananmen Square Protest – A Democracy Movement

Abstract:

There are many countries in the world which follows the Unitary One socialist republic.The Communist party is ruling as the Unitary party in countries such as China, Cuba, Vietnam etc. In many of these countries, fundamental rights of citizens were denied though the constitution guarantees the same. In China, as an effort to get the fundamental rights and democracy, a movement initiated by the young students in Beijing and gained momentum within no time. The culmination of this movement held at the TIANANMEN SQUARE. This article talks about the overview of the protest, the way the protest was carried on, how the government handled the situation, international nations reactions to the protest and finally concluded the democracy movement.

Authored by S.Shaalini, VITSOL, Chennai.

The Sino-Indian Border Dispute

Abstract:

India is a diverse country with various culture and traditions. Its boundaries cover almost 15106.7 Square Km. and it is the seventh largest country in the world by area. Similarly, China covering approximately 9.6 million Square Km, is the world’s fourth largest country by area. These two countries are economically important countries in the world, and unfortunately they are frequently engaging in border dispute and an attempt has been made through this article to analyses the history of the border dispute, nature of the current dispute, violations of agreements if any, how the present trade-off is important for both the countries and suggestions available for resolving the same has been made.

Authored by S.Shaalini, VITSOL, Chennai.

First Major Arbitration In Modern Diplomatic History – The Jay’s Treaty

Abstract:

The treaty of Amity, Commerce and Navigation between his Britannic Majesty and The United States of America is commonly known as the Jay’s treaty. It was signed in the year 1795 to avert wars and to maintain peaceful trade relations between United States of America and The Great Britain. Another objective was to resolve all the unsolved issues between these two countries in accordance to the Treaty of Paris which was passed in the year 1783. However this treaty was signed with the expense of angering France.

Authored by Mohan Parthasarathy, School of law, SASTRA Deemed University

Rohingya Crisis

Abstract:

A military crackdown against the Rohingya ethnic group has driven many people from their homes in Myanmar. Rohingya people have faced systematic discrimination over decades, statelessness and targeted violence in Rakhine state, Rohingya people faced many violent attacks. Women and small girls were gang-raped and men were brutally attacked. Most of the people who escaped were severally traumatized after witnessing unspeakable atrocities. Such maltreatment has forced Rohingya women, girls, boys, and men went to go to Bangladesh for many years following violent attacks in 1978, 1991-1992, and again in 2016. Those people who moved from Myanmar have found a temporary shelter in Cox’s bazaar which is now the World’s largest refugee camp.

Authored by Alagappan. N, School of law, SASTRA Deemed University

International Consumer Law: What Is It All About?

Abstract:

Increasing effort has been invested in the internationalization of client law. Some of the recent massive international purchaser regulation–related scandals (e.g., Dieselgate, Facebook) demonstrate the rising relevance of and the want for international patron law. This paper argues that the efforts closer to the internationalization of consumer law should recognition, first, on the establishment of worldwide familiar minimal standards of client safety (as it has been done through the United Nations Guidelines on Consumer Protection) and, 2d, on the development and facilitation of cooperation as a vital prerequisite for the efficient protection of purchasers (because it has been initiated by means of the International Consumer Protection and Enforcement Network), in place of at the harmonization of significant patron law. This isn’t always simplest because coordination among diverse nations within the place of client safety is simpler to attain in exercise thru a coverage method instead of significant harmonization, however additionally due to the fact coordination in practice is an instrument that, because it stands now, is capable of supplying a better level of protection to clients than major harmonization.

Authored by -Nandini Tripathy, Symbiosis Law School, Hyderabad

Global Trend in Private M&A

Abstract:

In 2019, worldwide M&A activity switched down a gear although it changed into nonetheless the 1/3-most powerful yr in a decade in terms of fee and transaction quantity.With macroeconomic issues which include persevering with change wars among the US and China, tensions inside the Middle East and, to a degree, Brexit, impacting go-border activities, many buyers resorted to strategic domestic megadeals.

Authored by -Nandini Tripathy, Symbiosis Law School, Hyderabad

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