Blog Posts
-
International Climate Obligations and India’s Public Sector Undertakings
[Arjuna Dibley is an Assistant Professor at the Faculty of Law, National University of Singapore. This post is part of the IndiaCorpLaw Blog Symposium on ‘Corporate Law and Climate Change: Indian and Comparative Perspectives’.] International climate change law is in the midst of a ‘corporate accountability turn’. For years, scholars, policymakers, and advocates concentrated on how treaty law…
-
From Paris to the Boardroom: Can Voluntary Corporate Climate Governance Deliver India’s NDCs?
[Raushan Tara Jaswal is an Assistant Professor and PhD Candidate, Jindal Global Law School, O.P. Jindal Global University, Sonepat, Haryana and Post-Doctoral Researcher, Friedrich-Alexander-Universität Erlangen-Nürnberg (FAU), Germany. This post is part of the IndiaCorpLaw Blog Symposium on ‘Corporate Law and Climate Change: Indian and Comparative Perspectives’.] The highly contentious adoption of the Paris Agreement has been a…
-
Climate Change Litigation Against Corporations in the Australian Context – Social, Political, and Economic Factors
[Akshaya Kamalnath is Associate Professor at ANU Law and Kate Ogg is Professor at ANU Law and an Australian Research Council Fellow. This post is part of the IndiaCorpLaw Blog Symposium on ‘Corporate Law and Climate Change: Indian and Comparative Perspectives’.] Climate change has become an important topic in corporate law with the discussion ranging from sustainability (the S…
-
Corporate Climate Litigation in India: Traversing the Private-Public Law Divide
[Umakanth Varottil is Professor of Corporate Law at the National University of Singapore. This post is a part of the IndiaCorpLaw Blog Symposium on ‘Corporate Law and Climate Change: Indian and Comparative Perspectives’.] At a global level, litigation has emerged at the forefront in combating the adverse effects of climate change. In one type, claimants assert “horizontal”…
-
IndiaCorpLaw Blog Symposium on ‘Corporate Law and Climate Change: Indian and Comparative Perspectives’
[Param Pandya is the Quadrature Climate Foundation Fellow in Climate Change and Corporate Law at the Asia-Pacific Centre for Environmental Law, Faculty of Law, National University of Singapore] Climate change is no longer a peripheral concern for corporate law — it sits at the centre of how companies are governed, financed, and held accountable. In India,…
-
The Reach of Indian Competition Law in Addressing No-Poach Agreements
[Varuni Jha is a fourth-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow] Competition enforcement in India follows a set script, concerning itself with price-fixing, bid-rigging, and abuse of dominance in product markets. Labour markets sit outside that script almost entirely, and no-poach agreements, or arrangements between competing employers not to…
-
Rajesh Exports Case: Reassessing SEBI’s Jurisdiction Over Statutory Auditors
[Pakhi Jain is an Advocate practising in the areas of corporate law and financial regulatory matters] The interim ex-parte order passed by the Securities and Exchange Board of India (“SEBI“) in the matter of Rajesh Exports Limited (“REL Interim Order“) will be remembered not merely for the magnitude of REL’s alleged financial misstatements, but for the vexed regulatory…
-
India’s Seat Primacy, or the Illusion of Transnational Issue Estoppel?
[Yash Sinha is an advocate practising before the courts in New Delhi] Article V of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention, or “NYC”) confers upon enforcement courts an independent check on foreign awards, one that tests fairness case-by-case. Earlier this year, India’s Supreme Court delivered something else: a fairness…
-
Retrospective Taxation, the Four-Component Test, and What Gameskraft Left Unanswered – Part II
[Varun Soni is a recent graduate from the National Law School of India University, and an incoming associate at AZB and Partners] [Continued from Part I] The Group of Ministers Proceedings: An analogy to the Chief Commissioners’ Conference in Vatika The Group of Ministers (GoM) on Casinos, Race Courses and Online Gaming was constituted in 2021. The…
-
Retrospective Taxation, the Four-Component Test, and What Gameskraft Left Unanswered – Part I
[Varun Soni is a recent graduate from the National Law School of India University, and an incoming associate at AZB and Partners] In Commissioner of Income Tax (Central)-I, New Delhi v. Vatika Township Private Limited, a Constitution Bench of the Supreme Court grounded the rule against retrospective tax liability in a simple proposition by making the following…