Moot Court Problems on Indian Corporate Law

I have uploaded on SSRN “A Collection of Moot Court Problems on
Corporate Law in India
”. This contains (to begin with) 12 moot court
problems that I have worked on (either individually or jointly with others)
over the last 8 years or so. More background and details are contained in the
preface to the document, which is set out below:
Moot court competitions form an
important co-curricular activity in the lives of law students. Apart from
equipping students with the skills required to prepare and argue a case before
a court or tribunal, it also introduces them to various areas of law and legal
issues that are contemporary in nature. By enabling teamwork, it also makes the
entire process an enjoyable experience. Moot courts have gradually acquired a
great deal of specialization, with competitions focusing on specific legal
disciplines such as corporate law, intellectual property, taxation,
constitutional law, international law and so on.
Over the last several years, I have
been called upon to draft moot court problems based on corporate and commercial
laws for internal selections at my alma mater, the National Law School of India
University, Bangalore, and on a few occasions for national level corporate law
and corporate governance moot court competitions in India (including for the
NUJS-Herbert Smith Freehills National Corporate Law Moot Court Competition).
Each time, I approach the task with some trepidation as it is usually daunting
to draft moot court problems that come closest to real-life situations that are
challenging, well-balanced and those that extract the talents of creativity and
innovative thinking in young legal minds. But, the process of identifying the
relevant legal issues, building suitable facts around them, and constructing
controversies that enable a worthy legal battle has been a substantially
rewarding experience.
The purpose of posting this
collection online is to make the material available more widely to the legal
academic community in India. Students may find the legal issues posed by these
problems of relevance. Others who wish to steer clear of dense legal issues and
rather pursue some general reading may find some of the fact situations emanating
from these problems of interest as they narrate the manner in which businesses
are formed and managed in India, and seek to capture the circumstances that
give rise to souring relationships that result in legal disputes.
The initial collection consists of
12 moot court problems drafted and used for competitions from 2005 to 2013, but
the hope is to update this collection on an ongoing basis with newer problems
as they are drafted and released.
I wish to acknowledge the
contribution of Mr. Ananth Padmanabhan and Mr. V. Niranjan, with whom I
collaborated separately on two problems. Needless to add, each of them carried
the weight of the relevant problems largely on their own with minimal
contribution from me.
A couple of disclaimers are to be
noted. First, some of the problems
included may not be their final version, and hence may carry some typographical
or other minor errors. Moreover, in several cases, clarifications have been
issued based on questions from participants, which are not included in this
collection. Second, these problems
are intended purely to be works of fiction. Any resemblances to real persons,
living or dead, or to legal persons (such as companies) or to governments or
courts are purely coincidental.

I
hope you enjoy reading these!

About the author

Umakanth Varottil

Umakanth Varottil is an Associate Professor at the Faculty of Law, National University of Singapore. He specializes in corporate law and governance, mergers and acquisitions and cross-border investments. Prior to his foray into academia, Umakanth was a partner at a pre-eminent law firm in India.

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