published on Manupatra. [January 2023]

India has of late been catching up on the insolvency resolution regulations. The enactment of the IBC has indeed been a significant step towards modernising the insolvency law in India. The IBC, however, lacks a detailed framework for cross-border insolvency. Two sections indeed provide a guidance, but they are grossly insufficient in their scope and application. An attempt is now underway to bring about changes in the IBC to provide for a detailed regulatory framework for cross-border insolvency. Should India adopt the UNCITRAL Model law? What are its benefits and challenges? In this article, I discuss the need of cross border insolvency regime, the UNCITRAL Model law, and the recommendations of various committees constituted by the Government for providing a framework for cross border insolvency. The article can be accessed here.

published on Manupatra. [July 2021]

Arbitration is the most sought-after method of resolving international commercial disputes.  In the first part of the paper, the concept of arbitration is briefly described. In the next part, a comparative analysis has been made of the two modes, viz., institutional and ad hoc arbitration. Thereafter, a background has been provided for the High-Level Committee to review the Institutionalisation of Arbitration Mechanism in India set up by Government of India, and summary of the key recommendations contained in the HLC Report has been dealt with. It is followed by an analysis of the attempts of the Government of India to make India into a hub of institutional arbitration. The conclusion is about the challenges and way forward. The article can be accessed here.

published in International Journal of Legal Science and Innovation ISSN 2581- 9453. [March 2021]

Federalism in India is unique in many ways. This paper starts with a discussion on the key elements of a federal structure. Then it briefly traces the driving forces that led to the formation of Indian federation. Next part deals with the federal features in the Indian Constitution. The paper then sets about to examine provisions of the Indian Constitution and judgments which drift away from a strictly federal system. The following part traces attempts to review and reform Indian federal system. At last, it concludes with author’s observations on the nature of Indian federalism. The article can be accessed here.

published in Lex Humanitariae: Journal for a Change ISSN: 2582-5216. [February 2021]

Foreign Direct Investment has a distinct role in the globalizing world. This paper starts with a discussion on the concept of foreign investment. Then it touches upon the two dominant theories of foreign investment. Next part deals with the international framework, followed by a brief part on national framework. The final part is about some of the key issues around FDI, namely, economic development, role of NGOs, human rights, sustainable development, and Corporate Social Responsibility. The article can be accessed here.

published in the International Journal of Law Management & Humanities ISSN 2581-5369 [January 2021]

Most Favoured Nation and National Treatment obligations are at the core of the WTO regime for non-discriminatory multilateral trade relations. The nature and scope of the two obligations and the exceptions thereto are by and large similar in GATT and GATS, with some marked differences. This paper traces the evolution of these concepts in WTO framework and in the reports of the Panel and Appellate Body. A study of the Most favoured Nation obligation in GATT, its key elements and exceptions is followed by an analysis of the same for National Treatment obligations, and its contrast with the former. Next part deals with the treatment of the two concepts in GATS and the points of departure from GATT, followed by a conclusion on the comparative analysis. The article can be accessed here.

published on Manupatra. [January 2021]

Corporate Social Responsibility (CSR) has evolved as one of the central themes of corporate governance. This paper starts with a brief discussion on the concept of CSR. Then, it traces the evolution of the concept in the post-Second World War period. Next part deals with India’s journey on CSR framework. In this part, the present legislative scheme has been detailed. The controversy surrounding the mandatory nature of CSR framework in the Companies Act, 2013 is dealt with in the next part. The subsequent part touches upon the areas of improvement and suggested changes. The conclusion juxtaposes Indian CSR story in the global context and sums up the position. The article can be accessed here.

published on Manupatra. [January 2021]

Competition law in India – the Competition Act, 2002 and the subordinate legislations related thereto – has a specific merger control regime. This paper starts with a discussion on the rationale of competition law and merger control. Then it briefly traces the evolution of the competition law in India and its key concepts. Next, it deals, at length, with the procedural aspect of regulation of combinations, including thresholds for notification, process of enquiry, timelines, and the powers of the Competition Commission of India. The paper then deals with the substantive law around the concepts of relevant market and appreciable adverse effect on competition. The article can be accessed here.

published in the Corporate Amicus. [February 2014]

The general law of contract recognises promises made for consideration as legally enforceable agreements. However, it frowns upon certain promises and prohibits their enforcement, including those that are in restraint of legal proceedings. The article can be accessed here.

published in Corporate Amicus. [January 2013]

In the context of negative covenants in employment contracts, section 27 of the Indian Contract Act 1872 has been the subject matter of much discussion. Certain covenants in employment contracts have time and again been tested before quotes in India on the touchstone of this provision whose prime purpose is to prevent contracts in restraint of trade.The article can be accessed here.

published on Tax India Online. [November 2010]

Promotion of exports has always found favour and support in any open economy. Not only does it provide an impetus to domestic growth, it also creates employment opportunities, and builds up foreign exchange reserves of the exporting economy. The article can be accessed here.