Category: Posts

Corporate Restructuring and Insolvency

The Curious Case of Reverse Corporate Veil Piercing and the IBC

In this article, the authors, assess the inclusion of reverse corporate veil piercing in the Indian insolvency jurisprudence. In doing so, the authors trace the evolution of the concept with the Indian legal system and analyse the ways to include it within the current insolvency scenario. The authors conclude that while the principle may be legally recognised, it must not be readily implied. Continue reading The Curious Case of Reverse Corporate Veil Piercing and the IBC

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Constitutional Law, COVID-19, Human Rights, Information Technology

A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-2)

In the second part of this series, the authors examine the necessity of various surveillance measures that have been introduced in recent times and look at various domestic and international legislations to propose a robust and right-based framework to safeguard employees’ privacy.
Continue reading A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-2)

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Constitutional Law, COVID-19, Posts

A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-1)

In the first part of this series, the authors analyse the transformation that workplaces and employee monitoring practices have undergone in light of increasing digitisation, remote work and the COVID-19 pandemic. They highlight how monitoring employees’ performance at work borders on surveillance and intrudes upon employees’ privacy in disproportionate and unjustified ways. Continue reading A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-1)

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Arbitration, Contract Law, International Law, International Trade Law

Pakistan and Investment Arbitration: Are they Closer to a Line in the Sand?

In this post, the authors map the journey of Pakistan in the investment arbitration regime from advocating, promoting, and endorsing to regulating and constraining its purview. The authors suggest that Pakistan’s BIT programme should undergo a systemic shift to promote itself. Continue reading Pakistan and Investment Arbitration: Are they Closer to a Line in the Sand?

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Arbitration, Contract Law, Environmental Law, Foreign Law, International Law, International Trade Law

(BIT)s of Change: An Analysis of the Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 2)

In the second part of this series, the author continues to examine how current standards can accommodate future fossil phases out cases. The article ends with an analysis of how the current IIA regime can be re-evaluated to address the climate-investment conflict. Continue reading (BIT)s of Change: An Analysis of the Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 2)

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Arbitration, Contract Law, Environmental Law, Foreign Law, International Law, International Trade Law

(BIT)s of Change: An Analysis of The Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 1)

With the introduction of a new regulation globally, that is, converting net-zero commitments into concrete policy, a big economic transformation is expected. International investment law, however, does not seem to cope with this new reality as it remains at odds with most of these developments. In the first part of this series, the author explores the conflict between climate and investment law. The author then analyses how current standards can be used in future fossil-fuel phase out cases. Continue reading (BIT)s of Change: An Analysis of The Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 1)

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Civil Procedure, Dispute Resolution, Posts

Mandatory Mediation: an Oxymoron? (Part 1)

In the first part of this series, the authors analyse the mandatory nature of mediation as postulated under Section 6 of the Mediation Bill, 2021. Attempts at mandating mediation have been vehemently opposed in the past to prevent depletion of the voluntariness of parties, considered the essence of mediation proceedings. The authors argue that the Mediation Bill, 2021, alters the voluntariness of the parties to mediation to a permissible extent for reasons explored in the article. Continue reading Mandatory Mediation: an Oxymoron? (Part 1)

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Criminal Law, Criminal Procedure and Evidence, Information Technology

Expounding the Contours of Sexual Harassment in Virtual Reality: Applicability of the Penal Laws to State-of-the-Art Technology (Part 2)

In the second part of this series, the authors highlight the existing legal recourse available in India against sexual harassment in virtual reality and then discuss the limitations of these remedies and laws in general. They then suggest measures and a way further for dealing with sexual harassment in virtual reality before providing their concluding thoughts. Continue reading Expounding the Contours of Sexual Harassment in Virtual Reality: Applicability of the Penal Laws to State-of-the-Art Technology (Part 2)

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