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Right of recourse claims based on latent defects in the nuclear energy sector in India: brace yourself for fact-intensive disputes
(Journal of Global Operations and Strategic Sourcing, 2020)
This paper analyses how a case were to unfold if an operator of a nuclear installation were to exercise its right of recourse against a supplier in the event of supply of equipment or material with latent defects, as ...
The doctrine of frustration under section 56 of the Indian Contract Act
(Indian Law Review, 2020)
The performance of obligations under a contract may be hindered by unexpected supervening events, leading to contractual uncertainties. The doctrine of frustration paves the way for a just consequence of such an unfortunate ...
An exploration of public risk perception and governmental engagement of nuclear energy in India
(Journal of Public Affairs, 2020)
Public acceptance constitutes an important factor in successfully establishing and operating nuclear power plants. This paper explores public attitudes to the Kudankulam Nuclear Power Project commissioned in 2013 and ...
The law of restitution for unjust enrichment in India
(Lloyd's Maritime and Commercial Law Quarterly, 2020)
The law of restitution for unjust enrichment is among the most debated private law topics today. It has been invoked to justify the right to restitution in cases which fall outside the scope of contract law. Despite being ...
Merger control for IRPs: Do acquisitions of distressed firms warrant competition scrutiny?
(Indian Institute of Management Ahmedabad, 2020-05-08)
In July 2019, the Competition Law Review Committee Report had recommended that Insolvency Resolution Plans (IRP) which result in combinations should be green-channelled. This would mean that IRP combinations would be ...
Apartment buyers as financial creditors: pushing the conceptual limits of the Indian insolvency regime
(Columbia Journal of Asian Law, 2020-06-01)
A unique feature of the Indian insolvency regime is its classification of debt into “operational” and “financial” debt. In Swiss Ribbons v. Union of India, the Supreme Court of India tenaciously upheld the difference between ...
Compensation for environmental damage: progressively casting a wider net, but what’s the catch?
(Indian Institute of Management Ahmedabad, 2020-06-01)
The 2018 decision by the International Court of Justice (ICJ) in which it for the first time addressed
compensation for environmental damage in the case Certain Activities Carried Out by Nicaragua in the Border
Area ...
Auditors’ negligence and professional misconduct in India: a struggle for a consistent legal standard
(Indian Institute of Management Ahmedabad, 2020-01-09)
Gross negligence is a severe form of negligence. Its severity has been characterized using the presence of a mental element or mens rea accompanying the negligent act. Within the context of professional negligence, gross ...
Pre-packs in the Indian insolvency regime
(Indian Institute of Management Ahmedabad, 2020-08-03)
Pre-packaging allows a distressed company to negotiate a plan with its creditors and a purchaser before entering formal insolvency proceedings. By allowing the terms of a plan to be negotiated before formal proceedings, ...
Public perception of courts in India: unmeasured gap between the justice system and its beneficiaries
(Indian Institute of Management Ahmedabad, 2020-11-02)
Understanding how people view the courts and the legal profession helps in identifying some areas of friction, and thereby provides critical insights into the measures needed to improve the working and management of the ...