Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
COURSE CURRICULUM
SESSION 2019 – 2020
W I N T E R S E M E S T E R : JA N UA RY – M AY 2 0 2 0
U. G . S E M E S T E R - X
TABLE OF CONTENTS
Student’s Corner:
ANNEXURE -I
Controller of Examination
ANNEXURE -III
LIST OF SUBJECTS
3 Affirmative Action & Distributive Constitutional Law Prof. I.P Massey 18-22
Justice Hons.
4 Constitutional Remedies Constitutional Law Ms. Vini Singh 23-27
Hons.
5 IP Valuation and Management IPR Hons. Ms. Kanika Dhingra 28-34
A. INTRODUCTION
Advent of globalization has given rise into a situation where an increasing number of
conflicts/disputes invite applicability of more than one legal systems. With the rapid
growth in international trade along with revolutionary changes in information technology,
more often than not, legal experts are faced with issues such as most appropriate forum
for litigation or challenges to the domestic jurisdiction in favor of a foreign jurisdiction,
or with the question of deciding which body of law to invoke to decide the dispute at
hand, or with the demands of recognizing and enforcing in domestic jurisdiction the
judgments delivered in the foreign countries. The pressing demands for dealing with such
legal challenges arising from constantly changing commercial and economic environment
has made the subject of private international law, also known as Conflicts of Laws, gain
importance in legal education. In India, unlike many western jurisdictions where the laws
and principles relating to private international law are well-developed having received
considerable legislative attention, there is absolute dearth of clear and certain rules and
principles to deal with the questions concerning conflicts of jurisdiction and applicable
law.
This course aims to equip students with basic subject knowledge as well as the ability to
apply the principles for solving the problems relating to conflicting jurisdiction and
applicable law.
While the main focus is to be on rules of private international law in India, considering
the underdeveloped state of law in the area, this course, also aims to incorporate, where
required, a comparative input from other countries of common law and civil law
traditions.
B. COURSE OUTCOMES
[CO. 1]Understand general concepts and principles of conflict of laws and their
importance for dispute resolution process
[CO.2] Critically analyse the rules relating to jurisdiction in India and conflicts relating
to most appropriate jurisdictions
[CO.3] Appreciate the concept of comity of nations and limitations of national
jurisdictions and national laws in elements involving foreign element across different
domains of law- Contract, Torts, Family, Property, and Intellectual Property Rights
1
[CO.4] Critically appreciate conflict of laws issues in international commercial
arbitration
[CO.5]Know Indian laws relating to recognition and enforcement of foreign judgements
[CO.6] Understand and appreciate importance of dispute resolution clauses in
International Commercial Contracts
[CO.7] Effectively draft dispute resolution clauses
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in
professional lawyering skills to perform competent legal analysis, reasoning, and problem
solving in domestic and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical
reading, writing in objective and persuasive styles, and oral advocacy and other oral
communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to representation
of clients, performance of duties as an officer of the courts, and behaves in a sensitive
manner toward clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for
lifelong learning and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and
environmental contexts, and demonstrate the knowledge of, and need for sustainable
development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal
profession, judiciary, public service, non-profit & non-governmental organizations,
entrepreneurships, and corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time
management, discipline, workplace culture, team work, giving and receiving feedback,
and achieving balance in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
Project 20 %
End Term Exam (Closed 50 %
Book)
2
E. CURRICULUM
Topic 1: Introduction
• Definition
• Nature and Scope of Private International Law (PIL)
o Denomination- PIL or Conflict of Laws
o Difference between Private International Law and Public International
Law
o Conflict of Laws within Domestic Jurisdictions
o Jurisdiction
o Choice of Law
o Recognition and Enforcement of Foreign Judgments
o International Variety of Private International Law Rules
• Historical Development
• Theories of Private International Law
• Sources of PIL
o National Law
o Multilateral and Bilateral Treaties
o Case Law
o Customary Law
o Public International Law
o Doctrine
Readings:
Books:
1. J.D. McClean, Morris: The Conflict of Laws, Universal law Publishing Co. Pvt. Ltd.,
New Delhi, 2004, Ch. 1
2. North and Fawcett, Cheshire and North’s Private International Law, 13th ed.,
Butterworths: New Delhi, 1999, Ch. 1, 2
3. Abla Mayss, Principles of Conflict of Laws, 3rd ed. Cavendish Publishing Ltd., U.K.,
1999, Ch. 1
4. John O’Brien, Smith’s Conflict of Laws, Cavendish Publishing Ltd., U.K., 1999, Ch. 1, 2
5. Atul M. Setalvad, Conflict of Laws, Lexis Nexis, Nagpur, 2009 (2nd edn),
(Chapters 1 to 7)
Articles:
1. R.C. Rama, Contemporary Indian Private International Law: Problems and Prognoses,
AIR 1995 Journal Sec, p. 88-89
2. Rama Rao T.S, “Some Recent Developments and Non-developments in India
Private International Law”, 27.4 JILI (1985) 555
3
3. Tier A.M, “Relationship between Conflict of Personal Laws and Private
International Law”, 18 JILI (1976) 241.
4. Lakshmi Jambolkar, Conflict of Laws, in ASIL, 28: 1992, p.339-341
Cases law:
1. Indian and General Trust Ltd. v. Raja of Khalikote, 1952 Cal 508
2. Winans v. Attorney General, (1904) AC 287
3. Smt. Satya v. Teja Singh, AIR 1975 SC 105
4. Miss Shanti Singh v. Governer of Punjab, AIR 1959 Punj 375
5. Laxmikant v. Union of India, AIR 1987 SC 23
6. Neerja Saraph v. Jayant Saraph, (1994) 6 SCC 461
• Classification
o Classification of the cause of action
o Classification of a rule of law
o Classification of Substance and Procedure
• Incidental Question
o What is incidental question
o Elements of incidental question
o Depecage
• Renvoi
• Connecting factors
o Nationality
o Domicile (of Origin, of Choice, of Dependence)
o Habitual Residence
o Temporary Residence
o Residence of Legal persons
• Proof of Foreign Law
• Exclusion of Foreign Law
Readings:
Books:
1. J.D. McClean, Morris: The Conflict of Laws, Universal law Publishing Co. Pvt. Ltd.,
New Delhi, 2004, Ch. 3, 4
2. North and Fawcett, Cheshire and North’s Private International Law, 13th ed.,
Butterworths: New Delhi, 1999, Ch. 3,4,5,6,7,8
3. John O’Brien, Smith’s Conflict of Laws, Cavendish Publishing Ltd., U.K., 1999, Ch. 3-9
Articles:
1. Lakshmi Jambolkar, Conflict of Laws, in ASIL, 28: 1992, p.339-341
2. Campbell McLachlan, International Litigation And The Reworking Of The
Conflict Of Laws, Law Quarterly Review, 2004, 120(OCT), 580-616
3. Larry Cramer, Return of the Renvoi, 66 N.Y.U. L. Rev. 979
4. Rogerson P, “Habitual Residence: The New Domicile”, 2000, 49 ICLQ 86
4
5. Smart P, “Domicile of Choice and Multiple Residence”, 1999, 10 OJLS 572
Case law:
Classification:
1. Parasram Perumal v. Air India, AIR 1955 NUC (Bom.) 18
2. Sankaran v. Laxmi Bharti, AIR 1974 SC 1764
3. Delhi Cloth and General Mills Co. v. Harnam Singh, AIR 1955 SC 590
4. Coupland v. Arabian Gulf Petroleum, [1983] 3 All ER 226
5. Sayers v. International Drilling Co NV, [1971] 3 All ER 163
Renvoi:
National Thermal Power Corporation v. Singer Company, 1992 (3) SCC 551
Connecting Factor:
Nationality:
1. Dattatraya Ganesh Bhatt v. Surendra Kumari, 1996 AIHC 2145 (Kant.)
Domicile:
1. Sondur Gopal v Sondur Rajini, (2013)7SCC426
2. Smt. Satya v. Teja v. Teja Singh, AIR 1975 SC 105
3. Udny vs. Udny, ( 1869) LR 1 Sc & Div 441
4. Cramer vs. Cramer, (1987) 1 FLR 11
5. Winans vs. A-G, (1904) AC 287
6. Ramsay vs. Liverpool Royal Infirmary, (1930) AC 58
Legal person:
1. Dickie & Co. v. Municipal Board, 1956 Cal 216
2. Raja Pramada Nath Roy v. Shebait Purna Chand Roy, (1908) 7 CLJ 514
Topic 3: Jurisdiction
5
o Anti-suit Injunctions
Readings:
Books:
1. J.D. McClean, Morris: The Conflict of Laws, Universal law Publishing CO. Pvt. Ltd.,
New Delhi, 2004, Ch. 3,4
2. North and Fawcett, Cheshire and North’s Private International Law, 13th ed.
Butterworths: New Delhi, 1999, Ch. 10, 11, 12
3. John O’Brien, Smith’s Conflict of Laws, Cavendish Publishing Ltd., U.K., 1999, Ch.
10,11, 13
4. Abla Mayss, Principles of Conflict of Laws, 3rd ed. Cavendish Publishing Ltd., U.K.,
1999, Ch. 2
Articles:
1. Franco Ferrari, 'Forum Shopping' Despite International Uniform Contract Law
Conventions, 51 ICLQ 689 ( 2002)
Case law:
1. Mallappa Yellappa v. Raghvendra Sham Rao, ILR (1938) Bom 16
2. U.L. lastochkina Odesa, U.S.S.R. v. Union of India, AIR 1976 AP 103
3. Maganilal v. Satyanarayan, AIR 1978 All. 455
4. A.B.C. Laminart Pvt. Ltd. v. A.P. Agencies, AIR 1989 SC 1239
5. Bharat Nidhi Ltd. v. Meghraj Mahajan, AIR 1967 Del 22
6. G.M. ONGC, Sibsagam v. M/S Raj. Engg. Corporation, AIR 1987 Cal 165
7. Lalji Raja & Sons v. Hansraj Nathuram, AIR 1971 SC 974
8. Hari Singh v. Md. Said, AIR 1927 Lah 200
9. Swastik Gases Pvt.Ltd. v Indian Oil Corporation Ltd., (2013)9SCC32
10. Modi Entertainment Network and Anr. v. WSG Cricket PTE Ltd., (2003) 4 SCC 341
11. Indiabulls Real Estate Ltd. v. Veritas Investment Research Corp., 2019 SCCOnline Del
8294
Readings:
Books:
1. North and Fawcett, Cheshire and North’s Private International Law, 13th ed.,
Butterworths: New Delhi, 1999, Ch. 15, 16, 17
2. Abla Mayss, Principles of Conflict of Laws, 3rd ed. Cavendish Publishing Ltd., U.K.,
1999, Ch. 4
3. Paras Diwan and Peeyushi Diwan, Private International Law, 9th ed., Deep and
Deep Publications, Delhi, 1998, Ch. 25
4. John O’Brien, Smith’s Conflict of Laws, Cavendish Publishing Ltd., U.K., 1999, Ch. 14,
15
6
Case law:
1. Vishwanathan v. Abdul Wazid, AIR 1963 SC 1
2. Badat and Co. v. East India Trading Co., AIR 1964 SC 538 at p. 554
3. Schibsby v. Westenholz, (1870) 6 QB 155
4. Brijlal v. Govindram AIR 1943 Bom 201
5. K.M. Jabbar v. Indo- Singapore Traders (P) Ltd., AIR 1981 Mad. 118
6. Magan Bhai Chotu Bhai v. Mani Ben, AIR 1985 Guj 187
7. Shankaran Govindan v. Lakshmi Bharti, 7 AIR 1974 SC 1764
8. Algemene Bank Nederland NV v. Satish Dayal Choksi, AIR 1990 Bom 170
9. Middle East Bank Ltd., v. Rajendra Singh Sethia, AIR 1991 Cal 335
10. Gurdas Mann v. Mohinder Singh Brar, AIR 1993 Punj& Har 92
11. M/S International Woollen Mills v. M/S Standard Wool (U.K.) Ltd., (2001)5SCC265
12. Alcon Electronics Pvt. Ltd. v. Salem S.A., (2017)2SCC253
Case Law:
National Thermal Power Corporation v. Singer Company, 1992 (3) SCC 551
Bharat Aluminium Co. & Ors. v. Kaiser Aluminium Technical Services Inc. &
Ors. (2012) 9 SCC 552
Sri Lal Mahal Ltd. v. Progetto Grano, (2014)2SCC 433
Glencore International AG v. Dalmia Cement (Bharat) Ltd., 2017 SCC Online
Del 8932
Readings:
Books:
1. North and Fawcett, Cheshire and North’s Private International Law, 13th ed.,
Butterworths: New Delhi, 1999, ch. 18
2. Abla Mayss, Principles of Conflict of Laws, 3rd ed. Cavendish Publishing Ltd., U.K.,
1999, Ch. 5
3. John O’Brien, Smith’s Conflict of Laws, Cavendish Publishing Ltd., U.K., 1999, Ch. 16
4. V.G. Ramchandaran, ‘Conflict of Laws As to Contracts’, 12, JILI, 1970, pp. 269-286
7
5. Nandan Kamath, Law Relating to Computers Internet and e-commerce, Universal Law
Publishing, New Delhi, 2001, Ch. 2, pp. 20-52.
th
6. Paras Diwan and Peeyushi Diwan, Private International Law, 9 ed., Deep and
Deep Publications, Delhi, 1998, Ch. 20, 21
Case law:
1. T.N.S. Firm v. Mohammad Hussain, AIR 1933 Mad. 756
2. Rabindra Nath Maitra v. Life Insurance Corporation of India, 1964 Cal 141
3. Vita Food Products Inc. vs. Unus Shipping Co. (1939) A.C. 277
4. Tzortis vs. Monark Line A/B, (1968) 1 All ER 949
5. Compagnie Tunisienne de Navigation S.A. vs. Compagnie d’Armement Maritime S.A.
(1971) A.C. 572
6. Prithi Singh vs. Ganesh Prasad Singh, AIR 1951 All. 462
7. Chitra Devi vs. Chembagavalli, AIR 2000 Mad. 38
8. Modi Entertainment Network and Anr. v. WSG Cricket PTE Ltd., (2003) 4 SCC 341
9. Rhodia Ltd. v. Neon Laboratories, AIR 2002 Bom 502
10. Rhodia Limited, Rhodia Chemicals India Limited and Rhodia Organique Fine Limited v.
Neon Laboratories Limited, 2005(107)1Bom LR 178
11. Emmsons International Ltd. v. Metal Distributors (UK) and Anr., 2005(80)DRJ256
12. Zippo manufacturing v. Zippo dot. com 952 F.Supp.1119
13. United States v. Thomas, 74 F. 3d 701 (6th Cir. 1996)
Readings:
Books:
1. North and Fawcett, Cheshire and North’s Private International Law, 13th ed.,
Butterworths: New Delhi, 1999, Ch. 19
2. Abla Mayss, Principles of Conflict of Laws, 3rd ed. Cavendish Publishing Ltd., U.K.,
1999, Ch. 6
3. John O’Brien, Smith’s Conflict of Laws, Cavendish Publishing Ltd., U.K., 1999, Ch. 17
th
4. Paras Diwan and Peeyushi Diwan, Private International Law, 9 ed., Deep and Deep
Publications, Delhi, 1998, Ch. 22
Case law:
1. Nawal Kishor v. Rameshwar Nath, AIR 1955 All 594
2. Union Carbide Corporation v. Union of India, 1988 MPLJ 540
3. Kotah Transport Ltd. v. The Jhalawar Bus Service Ltd., AIR 1960 Raj. 224
4. Boys v. Chaplin, 1971 A.C. 356
5. Kishangarh Electric Supply com. v. United States of Rajasthan, AIR 1960 Raj. 4
6. Swami Ramdev v Facebook Inc., 2019SCCOnline Del 10701
8
Topic 8: Law of Property
Readings:
Books:
1. R.S. Chavan, Indian Private International Law, Sterling Publishers Pvt. Ltd.,
1982, p. 138
2. North and Fawcett, Cheshire and North’s Private International Law, 13th ed.,
Butterworths: New Delhi, 1999, Ch. 28, 29, 30, 31
3. Abla Mayss, Principles of Conflict of Laws, 3rd ed. Cavendish Publishing Ltd.,
U.K., 1999, Ch. 8
4. John O’Brien, Smith’s Conflict of Laws, Cavendish Publishing Ltd., U.K., 1999,
Ch. 21
5. Paras Diwan and Peeyushi Diwan, Private International Law, 9th ed., Deep and
Deep Publications, Delhi, 1998, Ch. 15,16,17,18
Case law:
1. Chaturbhuj Piramal v. Chunnilal, AIR 1933 PC 150
2. Delhi Cloth and General Mills Ltd. v. Harnam Singh, AIR 1955 SC 590
3. Rabindra Mitra v. Life Insurance Corporation of India, AIR 1964 Cal. 141
4. R. Vishwanath v. Syed Abdul Majeed, AIR 1963 SC 1
5. Krishna D. Iyyar v. Subbarama Aiyer, AIR 1932 Mad. 462
6. Upendra Nath v. Het Lal, 1933 All. 380
7. Krishna swami v. Benugopal, 1942 Mad. 614
8. Prithvi Singh v. Ganesh Prasad Singh, AIR 1951 All. 462
9. State Bank of India v. Ghamandiram, AIR 1969 SC 1330
10. Imperial Chemical Industries v. Controller General Patents, Designs and Trade Marks,
AIR 1978 Cal 77
11. M/S Shining Industries v. M/S Shri Krishna Industries, AIR 1975 All.231 (234)
12. Ajay Industrial Corporation v. Shiro Kanao of Ibaraki City, AIR 1983 Delhi 496
9
• Dissolution of Marriage
o Divorce,
o Nullity
o Judicial separation
o Recognition of Foreign Divorce and Nullity Decrees
• Financial Relief
o Spousal Maintenance
o Matrimonial Property
• Guardianship and Custody
• Adoption
o Recognition of foreign adoption
o Adoption by Foreign Parents
• Legitimacy and Legitimization
Readings:
Books:
1. North and Fawcett, Cheshire and North’s Private International Law, 13th ed.,
Butterworths: New Delhi, 1999, Ch. 21,22, 24, 26
2. Abla Mayss, Principles of Conflict of Laws, 3rd ed. Cavendish Publishing Ltd., U.K.,
1999, Ch. 10, 11
3. John O’Brien, Smith’s Conflict of Laws, Cavendish Publishing Ltd., U.K., 1999, Ch.
18,19
Articles:
1. T.S. Rama Rao, Marriage in Indian Conflict of Laws: Some Recent Developments, 18.1
Indian Year Book of International Affairs, (1980) pp. 343-346.
2. Lakshmi Jhambolkar, Conflict of Laws, in 32 ASIL, (1996) p. 83-88
3. R.C. Saksena, Urgent Necessity for Legislation: Protection of the Rights of Women
Married to N.R.Is., AIR 1996 Journal section, p. 81-83
Case law:
Marriage:
1. Khambata v. Khambata, AIR 1935 Bom 5 ( Validity of Marriage)
2. Leelamma v. Dilip Kumar, 1992 ( 1) KLT 651 (Validity of Marriage)
3. Abdul v. Padma, AIR 1982 Bom 341
4. Marian Eva v. State, AIR 1993 HP 7
5. Brooks v Brooks, (1861) 9 HLC 193
6. Pugh v. Pugh, (1951) 2 ALL ER 680
7. Radwan v. Radwan, (1972) 3 All R 967
8. Sondur Gopal v Sondur Rajini, (2013)7SCC426
9. Dinesh Singh Thakur v Sonal Thakur, 2018 SCCOnline SC 390
Divorce:
1. Smt. Satya v. Teja v. Teja Singh, AIR 1975 SC 105
2. Neerja Saraph v. Jayant Saraph, (1994) 6 SCC 461
3. Jagir Kaur v. Jaswant Singh, 1963 SC 1521
4. Joao Gloria Pires v. Ana Joaquina Pires, 1967 Goa 113
5. Jamsed Irani v. Bani Irani, (1976) 68 Bom. L.R. 469
10
Recognition of Foreign Divorce Decree:
1. Y. Narasimha Rao v. Y.Venkatalakshmi, (1991) 3 SCC 462-3
2. Veena Kalia v. Jatender Nath Kalia, AIR 1996 Del. 54
3. Padmini Mishra v. Ramesh Chandra Mishra, AIR 1991 Ori. 263
4. Deva Prasad Reddy v. Kamini Reddy and Anr., AIR2002Kant356
5. T. Siva Raman v. P. Renganayaki, (2005)3 MadLJ 1
Adoption:
1. In re Sister Gemma’s AIR 1970 Mad. 263
2. Laxmikant v. Union of India, AIR 1987 SC 23
3. K.S. Council for Child Welfare v. Society of Sisters of C.S.G. Convent, AIR 1994 SC 658
4. Dattatraya Ganesh Bhatt v. Surendra Kumari, 1996 AIHC 2145 (Kant.)
Lecture Plan
11
21-22 Traditional rules relating to jurisdiction- Action in rem, Lecture, Case
Action in personam, Rules relating to Jurisdiction in Indian Studies, Problem
Law based Exercises
23-26 Jurisdiction under- The Brussels Convention (Convention on Lecture, Case
Jurisdiction and Enforcement of Judgements in Civil and Studies, Problem
Commercial Matters, 1968); The Lugano Convention, 1988; based Exercises
Jurisdiction Clauses Post-Brexit
27-28 Forum Shopping and choice of Jurisdiction Lecture, Case
Studies, Problem
based Exercises
29-32 Exclusive Jurisdiction Clauses and the Hague Convention on Lecture, Case
Choice of Court Agreements 2005 Studies, Problem
based Exercises
33-34 Escape from Jurisdiction: Principle of forum non Lecture, Case
conveniens; Jurisdiction agreements, Arbitration agreements Studies, Problem
based Exercises
35-36 Stay of Proceedings: Anti-suit Injunctions Lecture, Case
Studies, Problem
based Exercises
37-45 Conflict of Law Issues in International Arbitration: Lex Lecture, Case
Arbitri and Curial Law; Applicability of Indian Law in Studies, Problem
Foreign Seated Arbitration based Exercises
46-50 Enforcement of Foreign Awards: Convention and Non- Lecture, Case
Convention Awards; Enforcement of Foreign Judgments Studies, Problem
based Exercises
51-60 Conflict of Law Issues in Contract: Proper Law of Contract; Lecture, Case
Capacity to Contract; Essential Validity of Contract; Material Studies, Problem
Validity of Contract based Exercises
61-64 Jurisdiction and Choice of Law in e-contracts Lecture, Case
Studies, Problem
based Exercises
64-68 Torts: Foreign Torts and Double Actionability Rule; Multi- Lecture, Case
Country Torts; Lex Loci Delicti- Defamation; Negligence; Studies, Problem
Fraudulent misrepresentation by instantaneous means; based Exercises
Economic torts
69-70 Law of Property: Distinction between Movables and Lecture, Case
Immovables- Lex Rei Sitae; Transfer of Immovable Property; Studies, Problem
Tangible and Intangible Movables- Transfer of Tangible based Exercises
Movables; Intangible Property Rights- Patent Law;
International Copyright
71-76 Conflict of Laws Issues in the domain of Family: Marriage, Lecture, Case
Divorce, Guardianship, Custody, Adoption Studies, Problem
based Exercises
Total Hours: 80
Lecture Hours: 76
Continuous Assessment: 4 Hrs
12
Course Curriculum
A. INTRODUCTION
Pleadings in its numerous ramifications, is essentially a practical subject. Art of drafting a
good pleading or conveyance can be acquired only by more and more practice. Thus, instead
of class room lectures, I wish to engage students in more and more drafting on a given
hypothetical exercise. The potential lawyers need to inculcate a culture of concise, accurate
and in accordance with rules and practice, drafting of pleadings resulting into quick and
effective administration of justice. With the increasing branches of legal practice in addition
to civil matters, other areas like constitutional, corporate and criminal matters are also
covered.
B. COURSE OUTCOMES
At the end of the course, students will be able to
[CO.1] Understand the different types of legal drafts including pleadings, applications,
orders, deeds etc.
[CO.2] Appreciate the nuances in substantive law and procedure along with legal drafts.
[CO.3] Appreciate the nuances of limitation period and court fees for the legal drafts.
[CO.4] Appreciate the procedure before courts, and tribunal established in India with respect
to implementation and enforcement under different laws
[CO.5] Clearly understand the manner of execution of decrees and setting aside of decrees
[CO.6] Demonstrate conceptual clarity with respect to procedure under CPC, CrPC, and
Constitution.
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in professional
drafting skills to perform competent legal analysis, reasoning, and problem solving;
[PO.2]. Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles;
[PO.3]. An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to representation of
clients, performance of duties as an officer of the courts, and behaves in a sensitive manner
toward clients and colleagues of all cultures and backgrounds;
[PO.4]. Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for
lifelong learning and continuing improvement;
[PO.5]. Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.6]. Using technology in legal practice
13
[PO.7]. Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships,
and corporate entities
D. ASSESSMENT PLAN
CRITERIA DESCRIPTION Weightage of Marks
CONTINUOUS 5 Tests 50%
ASSESSMENT
E. CURRICULUM
TOPIC 1: INTRODUCTION
• Pleadings generally
• Fundamental Rules of Pleadings
• Statutory provisions relating to Pleadings
• Affidavit/Verification
• Perseverance in legal profession, reflection on pleadings, its importance in
administration of justice.
Reading Material:
1. Odgers on Pleadings and Practice, Twentieth Edition, Page 76 to 80
2. Mogha P.C.: The law of pleadings in India with precedents
3. OVI, VII, VIII, C.P.C.
4. Special L.A.O. vs. Mahboor 2009 (14) SCC 54 (cases taken casually, negligently,
routinely, filing beyong limitation deprecated)
5. In Re: The Sanjay Dutt. 1995 (3) S.C.C. 619 (casual drafting or settling of draft not only
augurs ill for the health of judicial system but also punishable under contempt). Para 19 &
20)
• Clarification of Pleadings
• Pleadings in Suit/other civil proceedings
• Frame of suit/written statement
• Suit for declaration, injunction of all kinds, specific performance, recovery of
damages for breach of contract.
• Summery suit based on Promissory Note
• Matrimonial Petitions
• Claim petitions under Motor Vehicle Act
• Application for appointment of Arbitrator
• Application u/s 5 of the Limitation Act
• Caveat
• Civil Appeals, Revision, Review, Letters Patent Appeal, Appeal from order.
14
Reading Material
1. Sec. 96,100,115, Sec. 148 A O37, O39 R1 & 2, 151 P.C.C., Sec. 104, 105, O41, O43, O47
C.P.C., Sec. 5 & 14 of the limitation act.
2. Sec. 9, 11 Arbitration Act
3. Sec. 9, 10 & 13 of the Hindu Marriage Act
4. Sec. 165 to 176 Motor Vehicle Act
5. Gayathri Women’s Welfare Association vs. Gowramma & Anr., JT 2011 (1) SC 315 (Civil
Suit/ set off).
6. Skyline Education Institute (India) Pvt. Ltd. vs. S.L. Vaswani, JT 2010 (3) SC 136
(Injunction in trade related matter).
7. Leela Gupta & Ors. vs. State of Uttar Pradesh, JT 2011 (6) SC 38 (motor accident claim)
8. Santosh Hazari Vs. Purshottam Tiwari 2001 S.C. 965 (Sec. 100 CPC)
9. Shivashakti Co-operative Society Vs. Swaraj Developers 2003 S.C. 2435 (Sec. 115 CPC)
10. Collector, Land Acquisition vs Mst. Katiji 1987 S.C. 1353 (Sec. 5 of the Limitation Act.)
Reading Material
1. Art. 32, 226, 227, 323 A, 323 B, 136, 142
2. Naresh Sridhar vs. State of Maharashtra 1967 S.C. 23 (Drafting of writ petitions under Art.
32 & 226)
3. Sayed Yakoob vs. S. Radhakrishnan 1964 S.C. 477 (Drafting of petition seeking writ of
certiorari)
4. M.C. Mehta vs. U.O.I. 2004 (6) SCC 588 (Drafting of P.I.L.)
5. BALCO Employees Union vs. U.O.I. 2002 S.C. 350 (PIL is not a pill or panacea for all
wrong)
6. State of Uttranchal vs. Balwant Singh, JT 2010 (1) SC 329 (Guidelines for PIL)
7. Kunhayammed vs. State of Kerala 2000 S.C. 2587 (Drafting of SLP)
8. Ashok Hurra vs. Ashok Huna 2002 (4) SCC 338 (curative jurisdiction of Supreme Court).
15
Reading Material
1. Sec. 154, 156, 200, 202, 340, 378, 379, 389, 397, 398, 401, 406, 407, 408, 438, 439, 482
Cr.P.C.
2. Damodar S. Prabhu vs. Sayed Babalal H. , JT 2010 (4) SC 457 (dishonor of cheque
offence under Banking Law/ Negotiable)
3. Navjot Singh Sidhu vs State 1977 Cr.L.J. 1427 (suspension/ stay of sentence)
4. State of Haryana vs. Bhajan Lal 1992 S.C. 604 (quashing of F.I.R. u/s 482 Cr.P.C.)
5. Balchand Jain vs. State of M.P. 1977 S.C. 366 (grant of bail)
Reading Material
Sec. 433, 436 & 439, The Companies Act, 391 to 396A & Rules 67 to 82, Ramaiya’s Guide
to Companies Law
TOPIC 6: CONVEYANCING
• Introduction
• General requirement of Deeds of Transfer
• Precautions
• Rules of Construction of Deeds
• General Forms
• Acknowledgements
• Deeds:
a) Partnership Deed
b) Deed of Dissolution
c) Sale Deed
d) Lease Deed
e) Mortgage Deed
f) Indemnity Body
g) Agreement Sell
h) Will
i)Power of Attorney
j)Hypothecation Deed
Reading Material
1. P.C. Mogha “The Indian Conveyances”
2. De Souza’ “Conveyancing”
3. Mogha P.C., “The Indian Conveyances”
4. Kelly – Draftsman
5. Ghanshyam Singh – cases and material on Pleadings Conveyancing & Professional
Ethics
6. Kuppuswami Chettiar vs. A.S.P.A. Arumuvam Chettiar & Anr. Respondent AIR 1967
SC 1395
16
Lecture Plan:
17
Course Curriculum
A. INTRODUCTION
This paper seeks to examine the scope and nature of affirmative action and for that
purpose delves into the various theories of distributive justice. In order to develop a deeper
understanding of the concept, we will also compare and analyse the various approaches to
affirmative action in India and abroad.
B. COURSE OUTCOMES
At the end of the course the students will be able to –
[CO. 1] - Understand the various viewpoints with respect to distributive justice.
[CO. 2] - Understand and be able to articulate the reasons for affirmative action
[CO. 3] - Know the law in India and Abroad with respect to affirmative action
[CO. 4] - Compare the measures taken in view of affirmative action in India and other
jurisdictions
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in
professional lawyering skills to perform competent legal analysis, reasoning, and problem
solving in domestic and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral
communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to representation of
clients, performance of duties as an officer of the courts, and behaves in a sensitive manner
toward clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for
lifelong learning and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and
environmental contexts, and demonstrate the knowledge of, and need for sustainable
development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal
profession, judiciary, public service, non-profit & non-governmental organizations,
entrepreneurships, and corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time
18
management, discipline, workplace culture, team work, giving and receiving feedback, and
achieving balance in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
Project 20%
End Term Exam (Closed 50%
Book)
E. CURRICULUM
TOPIC-1: INTRODUCTION
• Meaning and concept of justice
• Meaning and concept of affirmative action doctrine
• Philosophy of Distributive Justice
• Law and Justice
• Scope and applicability of affirmative action programme in India
Reading Material:
1. Amartya Sen, Idea of Justice, Harvard University Press, 2009
2. H.L.A. Hart, The Concept of Law, 2nd ed. (Oxford, 1994)
3. Ian Mcleod, Legal Theory, (2007), Palgrave Macmillan, pp. 18-41
4. Richard A Posner, Frontiers of Legal Theory, Universal Book Company, 2006, Indian
Reprint
5. Michael J. Sandel, Justice-What’s the Right Thing to do, 2010, Penguin Books Ltd.
(U.K.)
19
Reading Material:
1. Devanesan Nesiah, Discrimination with reason: The policy of reservations in the
United States, India, and Malaysia, Oxford University Press, 2000
2. H.M.Seervai, Constitutional Law of India, N.M.Tripthi Pvt.Ltd., 1993
3. M.P.Jain, Indian Constitutional Law, LexisNexis Butterworths Wadhwa, Nagpur, 2003
4. Mahajan, Jurisprudence and Legal Theory (1996 re-print), Eastern Book Co.,
Lucknow pp. 128-168
Case Laws:
1. Air India v. Nergesh Meerza (1981) 4 SCC 335
2. Amita v. Union of India (2005) 13 SCC 721
3. Chiranjit Lal v. UOI AIR 1951 SC 41
4. Shrilekha Vidyarthi v. State of UP (1991) SCC 212
5. RD Shetty v. International Airport Authority AIR 1979 SC 1628
6. E.P.Royappa v. State of Tamil Nadu AIR 1974 SC 555
Reading Material:
1. Asha Bajpai, Child Rights in India: Law, Policy and Practice, Oxford University
Press, 2003
2. B.R.Trivedi, Constitutional Equality and the Women’s Rights, Cyber Tech Pub, 2010
3. Shobha Saxena, Crimes against Women and Protective Laws, Deep and Deep, 2004
4. John Henry Hutton, Caste in India: Its Nature, Function and Origins, Oxford
University Press, Indian Branch, 1963.
Case Laws:
1. Apparel Export Promotion Council v. AK Chopra (1999) 1 SCC 759
2. DS Nakara v. Union of India AIR 1983 SC 130
3. Vishakha v. State of Rajasthan AIR 1997 SC 3011
4. Naz Foundation v. Govt. of NCT of Delhi 160 Delhi Law Times 277
5. Suresh Kumar Kaushal v. Naz Foundation AIR 2014 SC 563
20
Reading Material:
1. Karon Monaghan, Equality Law, Oxford University Press, 2007
2. Rajkumar & K.Chockalingam (Ed.) Human Rights, Justice and Constitutional
Empowerment, OUP, 2007
3. Sukhdeo Thorat, Prashant Negi, Motilal Mahamallik, Dalits in India: Search for a
Common Destiny, Sage Publications India Pvt., Ltd., New Delhi, 2009
Case Laws:
1. Indra Sawhney v. Union of India 1992 Supp.2 SCR 454
2. MR Balaji v. State of Mysore AIR 1963 SC 649
3. The General Manager, Southern Railway v. Rangachari (1962) 3 SCR 586
4. Ashoka Kumar Thakur v. UOI (OBC Judgement) (2008) 6 SCC 1
5. Society for un-aided private schools of Rajasthan v. UOI AIR 2012 SC 3445
Reading Material:
1. DD Basu, Comparative Constitutional Law, Wadhwa Nagpur, 2008
Case Laws:
1. Brown v. Board of Education 347 US 483 (1954)
2. Fisher v. University of Texas (2012)
3. Ontario v. Ontario Teachers Federation (no.4) (1994) 20 CHRR D/257
ARTICLES
1. Chandola, M. Varn. 1992, “Affirmative Action in India and the United States: the
Untouchable and Black Experience,” 3 Ind. Int’l & Comp.L.Rev. 101-133.
2. Rex Martin, “Rawl’s New Theory of Justice,” Chicago-Kent La Review, Vol.69:
737-761, 1994
3. John Rawls: “Justice as Fairness,” Philosophical Review 67/2 (1958) 164-194
repr. in: Samuel Freeman(ed.): John Rawls. Collected Papers, Cambridge, Mass.:
Harvard University Press 1999.
4. Merill, Thomas W. 1996. “Three Models of Affirmative Action Beneficiaries,” 19
Harvard Journal of Law & Public Policy 779-784
5. Witten, Samuel M., “Compensatory Discrimination in India: Affirmative Action
as a means of combating class inequality,” 21 Columbia Journal of Transnational
Law 353
6. Armour, John W. 1987. “Compensatory Discrimination: The Indian Constitution
and Judicial Review,” 16 Melbourne University Law Review 126
21
LECTURE PLAN
53 – 58 Presentations Presentations
Total Hours: 62
Lecture Hours: 58
Continuous Assessment: 4 Hrs
22
Course Curriculum
A. INTRODUCTION
Constitutional remedies ensure concretizations of various rights provided under the constitution.
It was a matter of concern for the drafters to ensure that the concept of fundamental right does
not merely remain a matter of abstraction of various ideals. Ensuring that these rights are realized
in the Indian comity was a matter of concern for the drafters. It was with this realization that the
drafters decided to grant prerogative powers upon the Supreme Court to issue writs in the form
of article 32 of the Indian Constitution. However, the concept of remedies was not limited to the
granting of various writs but also extended to other forms of directional orders.
This endeavor to construct an appropriate balance between Constitutional Rights and Remedies
provides a particular shape to various institutional mechanisms as well. In particular the
jurisdictional structure of a court is especially shaped by the balance so construed. Another
important issue at an institutional level that arises is with respect to the aspect of balance of
power between the judiciary and the executive.
A proper discussion on the course of Constitutional Remedies for this reason would inevitably
have a broader scope of having an effect on various political and legal matters.
B. COURSE OUTCOMES
23
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in domestic
and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and professional
values and application of knowledge of professional ethics to representation of clients,
performance of duties as an officer of the courts, and behaves in a sensitive manner toward
clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of ongoing
improvement of the practice of law and exhibits commitment and aptitude for lifelong learning
and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships, and
corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time management,
discipline, workplace culture, team work, giving and receiving feedback, and achieving balance
in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
Weightage of
Criteria Description Marks
4 Tests (out of
CONTINUOUS which 3 will be 30%
ASSESSMENTS selected)
Project 20%
END TERM
EXAMINATION Closed Book 50%
24
E. CURRICULUM
Case Laws:
1. Chiranjit Lal Choudhary v. Union of India, 1951 AIR 41
2. DS Rathi v. State of Punjab, 1958 SCJ 425
3. Haji Esmail v. Competent Officer, AIR 1967 SC 1244
4. M.K Gopalan v. State of M.P, (1995) 1 SCR 168
• Writ of Certiorari
• Writ of Quo Warranto
• Writ of Prohibition
• Writ of Mandamus
• Writ of Habeas Corpus
• Public Litigation
Case Laws:
1. A.D.M Jabalpur v. Shivkant Shukla, AIR 1876 SC 1207
2. Vidya Verma v. Shiv Narain, AIR 1956 SC 108
3. Sabastian Horgray v. Union of India, AIR 1984 SC 571
4. State of Bombay v. Union Motors Ltd, 1953 SCR 572
5. Surya Dev Raj v. Ram Chandra Rai, (2003) 6 SCC 675
25
Topic 4: Reliefs
• Damages
• Directions
• Constitutional Tort and Compensatory Relief.
• Continuous Mandamus
• Interpretational Meaning of Article 142.
• Concept of Other Relief.
Case Laws:
1. A.R Ante v. R.S Nayak, AIR 1988 SC 1895
2. DK Basu v. State of West Bengal, AIR 1997 SC 610
3. Rudal Shah v. State of Bihar, AIR 1993 SC 1086
Topic 5: Principles
• Illegality
• Irrationality
• Alternative Remedy
• Procedural Impropriety
• Proportionality
• Due Process
• Reasonableness
Case Laws
1. Trilok Chand v. Munshi, AIR 1970 SC 898
2. Kashinath v. Speaker, SCC 1993 (2) 703
3. Shambu Ram Yadav v. Hanuman Das Khatri, (2001) 6 SCC 1
1. TEXT BOOKS
26
• I.P Massey, Administrative Law
• D.D Basu, Constitutional Remedies and Writs
2. ARTICLES
Lecture Plan
27
Course Curriculum
A. INTRODUCTION
Intellectual Property Rights have become a completely separate genre of valuable assets
that are being owned and transacted into by the Companies, both national and international
these days. Hence, there has emerged a growing need to denote the intellectual property
rights as an intangible asset and as such it has the same value and worth as that of a tangible
asset of the company. The IPR as an intangible asset appear on the balance sheet of the
company and affect the worth of all the assets of the company grossly when it comes to
entering into transactions like mergers and acquisitions, licensing and assignments and those
involving taxation and transfer pricing. The course seeks to delve into the matters concerning
valuation and management of an IP of a company and the risks and considerations involved
while applying the different methods available while valuing an IP, and the way in which all
the methods differently affect and influence the ultimate value of an IP. All these
considerations that are involved in choosing and applying a method to value an IP determine
the actual value and worth of an asset and affect the decision making process to undertake a
particular business transaction involving the transfer, use or acquisition of an IP as an asset.
Apart from this IP Management is inclusive of IP Dispute resolution mechanism that seeks to
apply ADR to IP Disputes and to test the arbitrability of IP Issues vis-à-vis litigation process.
B. COURSE OUTCOMES
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in
domestic and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
28
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to representation of
clients, performance of duties as an officer of the courts, and behaves in a sensitive manner
toward clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for
lifelong learning and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal profession,
entrepreneurships, and corporate entities.
D. ASSESSMENT PLAN
E. CURRICULUM
References:
29
http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1011&contex
t=njtip)
5. European Commission Report on IP Valuation (available at-
https://ec.europa.eu/research/innovation-
union/pdf/Expert_Group_Report_on_Intellectual_Property_Valuation_IP_web_2.pdf)
6. Paul Flignorand David Orozco, Intangible Asset and Intellectual Property Valuation- A
Multidisciplinary Perspective (available at-
http://www.wipo.int/sme/en/documents/ip_valuation_fulltext.html)
7. International Valuation Standard , 2013- Framework and Requirements (available at-
http://www.ivsc.org/sites/default/files/IVS%202013%20without%20guidance.pdf)
8. International valuation Standard on Intangible assets 210 (available at-
http://www.ivsc.org/sites/default/files/ivs210_intangible_assets.pdf)
9. International Accounting Standard 36: Impairment of Assets (available at-
http://ec.europa.eu/internal_market/accounting/docs/consolidated/ias36_en.pdf)
10. IAS 36 (available at- http://www.iasplus.com/en/standards/ias/ias36)
11. Accounting Standards 26 Intangible assets (available at-
http://www.mca.gov.in/Ministry/notification/pdf/AS_26.pdf)
12. Research report 134, Worldwide application of IFRS 3, IAS 38and IAS 36, related
disclosures, and determinants of non-compliance, (available at-
http://www.accaglobal.com/content/dam/acca/global/PDF-technical/financial-
reporting/rr-134-001.pdf)
13. Impairment Accounting- the basics of IAS 36, Earnest & Young, (Available at-
http://www.ey.com/Publication/vwLUAssets/Impairment_accounting_IAS_36_0810/$FI
LE/Impairment%20accounting%20IAS%2036%200810.pdf)
• What is an asset
• Characteristics of an asset
• Difference between tangible and intangible assets
• IP as an asset- characteristics, limitations and exceptions
• What is and what is not intangible asset
• Categories of intangible assets-identifiable and unidentifiable
• Considerations before analysis
• Reasons for intangible asset valuation
• Intangible asset valuation report
References:
1. IASB Conceptual Framework of Asset, World Standard Setters Agenda Paper (available
at- http://www.ifrs.org/Current-Projects/IASB-Projects/Conceptual-Framework/Other-
Public-Meetings-Observer-Notes/Documents/WSSAGENDAPAPER1A.pdf)
2. Elements of Financial Accounting, Statement of Financial Accounting Concepts No.6
(available at-
http://www.fasb.org/cs/BlobServer?blobkey=id&blobwhere=1175822102897&blobheade
r=application%2Fpdf&blobcol=urldata&blobtable=MungoBlobs)
3. Trying to Grasp the Intangible (available at-
http://www.wiley.com/college/bcs/0471363049/updates/ch12_intangible.pdf)
30
4. “Goodwill and Other Intangible Assets,” Statement of Financial Accounting Standards
No. 142 (available at-
http://www.fasb.org/cs/BlobServer?blobcol=urldata&blobtable=MungoBlobs&blobkey=i
d&blobwhere=1175820927971&blobheader=application%2Fpdf)
5. Summary on Goodwill and Other Intangible Assets,” Statement of Financial Accounting
Standards No. 142 (available at-http://www.fasb.org/summary/stsum142.shtml)
6. Intangible Assets and Impairment of Assets (available at-
highered.mheducation.com/sites/dl/free/0077114523/.../SampleChap.pdf)
7. Jeffrey H. Matsuura, An Overview of Intellectual Property and Intangible Asset
Valuation Models, 14 Research management Review, 2004 (available at-
http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.467.6261&rep=rep1&type=pdf
)
8. Kelvin King, The Value of Intellectual Property, Intangible Assets and
Goodwill(available at-
http://www.wipo.int/sme/en/documents/value_ip_intangible_assets_fulltext.html)
9. Paul Flignorand David Orozco, Intangible Asset and Intellectual Property Valuation- A
Multidisciplinary Perspective (available at-
http://www.wipo.int/sme/en/documents/ip_valuation_fulltext.html)
References:
31
References:
References:
32
4. Gorden V Smith & Russell L Parr , “Valuation of Intellectual Property and Intangible
Asssets”, John Wiley & Sons Inc, 2000
5. IP Audit Tool- WIPO (available at-
http://www.wipo.int/edocs/pubdocs/en/intproperty/927/wipo_pub_927.pdf)
6. WIPO Module 10 on IP Audits (Available at-
http://www.wipo.int/export/sites/www/sme/en/documents/pdf/ip_panorama_10_learning_
points.pdf)
7. H.S. Chawla, Managing Intellectual Property Rights for better transfer and
commercialization of Agricultural Technology, Journal of IPR, Vol. 12, May 2007, pp
330-340
8. K.D. Raju, Intellectual Property Taxation: Need for a comprehensive Policy and Law in
India, Journal of IPR, Vol. 13, November 2008, pp 563-573
9. Karuna Jain & Vandana Sharma, Intellectual Property management System: An
Organizational Perspective, Journal of IPR, Vol. 11, September 2006, pp 330-333
10. TulikaRastogi, IP Audit: Way to a Healthy Organization, Journal of IPR, Vol. 15, July
2010, pp 302-309
11. Lee Moerman, Accounting for Intellectual Property: Inconsistencies and Challenges,
Journal of IPR, Vol. 11, July 2006, pp 243-248
12. Mrinalini Kochupillai& Matthew A. Smith, Patent Valuation with Consideration For
Emerging Technology, Journal of IPR, Vol. 12, January 2007, pp 154-164
References:
33
5. Jayant Kumar, “Intellectual Property Securitization: How Far Possible and Effective”,
2006, Available at:
http://nopr.niscair.res.in/bitstream/123456789/3563/1/JIPR%2011%282%29%2098-
102.pdf
6. Hiroyuki Watanabe , “Intellectual property as Securitized Assets”, Available at:
https://www.iip.or.jp/e/e_summary/pdf/detail2003/e15_20.pdf
7. Akshat Panday, “Valuation of Intellectual Property Assets”, Eastern Law House 2010.
8. William J. Murphy, John L. Orcutt & Paul C Remus , “Patent Valuation”, John Wiley &
Sons Inc, 2012
9. Gorden V Smith & Russell L Parr , “Valuation of Intellectual Property and Intangible
Assets”, John Wiley & Sons Inc, 2000
1. Akshat Panday, “Valuation of Intellectual Property Assets”, Eastern Law House 2010.
2. William J. Murphy, John L. Orcutt & Paul C Remus , “Patent Valuation”, John Wiley &
Sons Inc, 2012
3. Gorden V Smith & Russell L Parr , “Valuation of Intellectual Property and Intangible
Assets”, John Wiley & Sons Inc, 2000
Lecture Plan:
Lecture No. Topics Mode of Delivery
1-10 Valuation and Intellectual Lecture. Discussion,
Property: An Introduction Presentations & Self-Study
34
Course Curriculum
A. INTRODUCTION
Any ownership over a property or transfer of a right is incomplete without remedies that
may be availed of in case the same is infringed or transgressed or the choices that the parties
may make when it comes to settling the disputes. The same is the case with intellectual
property rights and they are increasingly being recognised as properties, though intangible,
that can be owned, transferred or even assigned like any other property. In order to ensure
that the rights are preserved it is important that any terms or contracts entered into for
securing the rights over the same are also enforceable in the sense that in case of any breach
the settlement of any dispute or lis between the parties may be availed easily. Since with
more and more burden on the Courts to determine the rights of the respective parties to a
dispute in a conventional manner by way of litigation, there has emerged the need to settle
peacefully the disputes out of Courts, and as a result, almost in all fields of law, the
Alternative Dispute Resolution Mechanism has been gaining gravity these day. So is the case
with IPR and disputes arising there of.
The present course seeks to delve into the arbitrability of IP Disputes and the challenges
or limitations that are there while engaging with the same. The course seeks to study further
the international and the national mechanisms as far as out of court settlement of IP Disputes
is concerned. Although in India the use and application of ADR to IP disputes is far from
being a realised in the real sense of the term at present, however rulings by the Courts in
some of the cases indicate the willingness of both the parties and the adjudicating authorities
to ensure inclination of dispute settlement by way of ADR as the same has certain important
advantages vis-à-vis litigation.
B. COURSE OUTCOMES
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in
domestic and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to representation of
clients, performance of duties as an officer of the courts, and behaves in a sensitive manner
toward clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for life-
long learning and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships,
and corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time
management, discipline, workplace culture, team work, giving and receiving feedback, and
achieving balance in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
E. CURRICULUM
PART I
[INTRODUCTION]
PART II
[THE INTERNATIONAL ADR REGIME FOR IP]
Topic 3: ICANN Uniform Domain Name Dispute Resolution Policy & Rules (UDRP)
PART III
[DISPUTE RESOLUTION IN INDIA]
Topic 1: Infringement of IP
• Infringement of Copyrights
a. Issues involved in Ownership, assignment and licensing of copyrights
b. The case of Neighbouring/Related rights and Copyright Societies
• Infringement of Trademarks
a. Well-known Marks
b. Trade- dress and get-up
c. Trademark Dilution and Comparative Advertising issues
• Infringements of Patents
a. Cases relating to compulsory licenses
b. Issue of parallel imports and regulatory use
• Disputes relating to overlapping IP
a. Copyright-Design Interface
b. Trademark-Design Interface
c. Musical Works-Trademark Issues
d. Artistic Works-Trademark conflicts
• Considerations involved in choosing the dispute settlement options
Topic 2: ADR and Indian IP Regime
• Early Neutral Evaluation: a consideration of the ‘Bawa Masala Company Case’
• Domain Name Dispute Settlement mechanism
PART IV
[OTHER CONCERNS FOR IP DISPUTE RESOLUTION]
Topic 3: Miscellaneous
• Effect of Dispute Settlement on Access to Medicines
• Disputes relating to Anti-Competitive practices in IP
REFERENCES
2014 WIPO Mediation, Arbitration, Expedited Arbitration and Expert Determination
Rules and Clauses (available at-
http://www.wipo.int/edocs/pubdocs/en/wipo_pub_446.pdf)
ADR in TK, Traditional Cultural Expression and Genetic Resources (available at-
http://www.wipo.int/export/sites/www/tk/en/resources/pdf/tk_brief8.pdf)
Efficient alternative dispute resolution (ADR) for intellectual property disputes (available
at- http://www.wipo.int/export/sites/www/amc/en/docs/euro.pdf)
Kevin R. Casey, Alternate Dispute Resolution and Patent Law, 3 The Federal Circuit Bar
Journal, (available at-
http://www.stradley.com/~/media/Files/ResourcesLanding/Publications/1993/04/Alternat
e%20Dispute%20Resolution%20and%20Patent%20Law/Files/krc-
adr/FileAttachment/krc-adr.pdf)
Murray Lee Eiland, The Institutional Role in Arbitrating Patent Disputes (available at-
http://digitalcommons.pepperdine.edu/cgi/viewcontent.cgi?article=1067&context=drlj)
Rules for Uniform Domain Name Dispute Resolution Policy (available at-
https://www.icann.org/resources/pages/rules-be-2012-02-25-en)
51 – 55 Remedies Lecture,
Interaction,
Discussion,
Presentations &
Self-study.
Total Hours: 60
Lecture Hours: 56
Continuous Assessment: 4 Hr
Course Curriculum
A. INTRODUCTION
Part I of this curriculum deals with services trade. The General Agreement on Trade in
Services (the “GATS”), negotiated and concluded as a result of the Uruguay Round of
multilateral trade negotiations, when it came into effect in 1995 was the first multilateral
agreement covering this important and growing area of services trade. It has a potentially
broad scope of application, in the sense that most measures imposed by governments –
national, regional and local – affecting trade in services are covered, with the important
exception of services supplied in the exercise of governmental authority and certain
specific sectors, such as air transport services. However, the general obligations that
apply to all measures affecting trade in services are few, most notably the most-favoured-
nation (“MFN”) and transparency obligations. Many other key obligations, such as
market access and national treatment, apply only when and if a WTO Member has
decided to make specific commitments relating to a particular service sector in its
Schedule. The GATS is a complex web of rights, obligations, exemptions/exceptions and
specific commitments. Despite its obvious detail and complexity, the GATS remains a
“work in progress”. This course curriculum is designed with an objective to provide
advanced, academic and practical understanding of GATS under the WTO legal
framework.
Part II of this curriculum examines both the agricultural sector specific provisions in the
Agreement on Agriculture and the general WTO rules in a number of other WTO
Agreements, which can impact agricultural trade.
B. COURSE OUTCOMES
At the end of the course, students will be able
[CO.1]. To equip students with an advanced understanding of the WTO-GATS
Agreement within the global trade regime;
[CO.2]. To study the nature, scope and type of trade in services framework within the
GATS framework;
[CO.3]. To introduce students to the political economy dynamics of GATS and its
impacts on developing countries;
[CO.4]. To study the interface between GATS and National Regulatory regimes;
[CO.5]. To familiarize students with WTO jurisprudence on GATS and to expose the
potential problems of WTO dispute settlement mechanism in relation to GATS;
[CO.6]. To introduce contemporary and topical issues, including unilateral commitments
of developing countries, with special emphasis on India in liberalizing the services
economy and commitments in trade in services largely proliferating through bilateral and
regional trade agreements;
[CO.7]. To expose legal and development challenges in relation to specific sectors; and
44
[CO.8]. To understand the main legal provisions affecting trade in agricultural products.
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in
professional lawyering skills to perform competent legal analysis, reasoning, and problem
solving in domestic and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical
reading, writing in objective and persuasive styles, and oral advocacy and other oral
communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to representation
of clients, performance of duties as an officer of the courts, and behaves in a sensitive
manner toward clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for
life-long learning and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and
environmental contexts, and demonstrate the knowledge of, and need for sustainable
development;
[PO.7]. Using technology in legal practice;
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal
profession, judiciary, public service, non-profit & non-governmental organizations,
entrepreneurships, and corporate entities;
[PO.9]. Explore and understand specific issues relating to workplace such as time
management, discipline, workplace culture, team work, giving and receiving feedback,
and achieving balance in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
45
E. CURRICULUM
PART I: TRADE IN SERVICES
Topic 1: Introduction
• MFN Treatment
• Transparency
• Increasing Participation of Developing Countries
• Economic Integration and Labour Markets Integration Agreements
• Domestic Regulation and Recognition
• Monopolies and Exclusive Service Suppliers;
Restrictive Business Practices
• Payments and Transfers; Restrictions to Safeguard the
Balance-of-Payments
• Emergency Safeguard Measures; Subsidies; Government Procurement
• General Exceptions and Security Exceptions
• Market Access
• National Treatment
• Additional Commitments
• Schedules of Specific Commitments
• Preamble Recital 3
• Negotiation of Specific Commitments
• Schedules of Specific Commitments
• Modification of Schedules
Topic 6: Dispute Settlement
• Consultations
46
• Dispute Settlement and Enforcement
• Special Procedures for Specific Services Sectors
Cases
Panel Reports
Readings
47
• Max Planck commentaries on World Trade Law, WTO Trade in Services, By
Rüdiger Wolfrum, Peter-Tobias Stoll, Clemens Feinäugle Legal Guide to GATS,
By Nellie Munin, 2010 Kluwer law International BV, The Netherlands.
• WTO Secretariat, GATS – Fact and Fiction (WTO, 2001).
• WTO Secretariat, Guide to the GATS – An Overview of Issues for Further
Liberalization (Kluwer Law International, 2000).
• WTO Secretariat, “Part III: The Results of the Uruguay Round for Services” in
Guide to the Uruguay Round Agreements (Kluwer Law International, 1999).
• Werner Zdouc, “WTO Dispute Settlement Practice Relating to the GATS”,
Journal of International Economic Law, 1999, 295-346.
• Aly K. Abu-Akeel, “The MFN as it Applies to Services Trade: New Problems for
an Old Concept”, Journal of World Trade, 1999, Vol. 33, No. 4, 103-129.
• Hoekman B., Mattoo A. and English P. (eds.), Development, Trade and the WTO:
A Handbook (World Bank, 2002).
• Bernard Hoekman and Carlos A. Primo Braga, “Protection and Trade in Services”,
Policy Research Working Paper 1747, World Bank, 1997.
• International Trade Centre, Business Guide to the General Agreement on Trade in
Services, Revised Edition (ITC, 2000).
• Market Access
• Domestic Support
• Export Subsidies
• Dispute Settlement
Cases
48
Report, WT/DS108/AB/R.
• GATT Panel Report, United States Tax Legislation (DISC), L/4422 - 23S/98,
adopted in December 1981.
• Appellate Body Report, Canada – Measures Affecting the Importation of Dairy
Products (“Canada – Dairy”), WT/DS103/AB/R and Corr.1, WT/DS113/AB/R
and Corr.1, adopted 27 October 1999.
• Appellate Body Report, Chile – Price Band System and Safeguard Measures
Relating to Certain Agricultural Products (Chile – Price Band System),
WT/DS207/AB/R, adopted 23 October 2002.
• Appellate Body Report, Korea – Definitive Safeguard Measure on Import of
Certain Dairy Products (“Korea – Dairy”), WT/DS98/AB/R, adopted 12 January
2000.
• Korea – Measures Affecting Imports of Fresh, Chilled and Frozen Beef (“Korea –
Various Measures on Beef”), WT/DS161/R, WT/DS169/R, adopted 10 January
2001, as modified by the Appellate Body Report, WT/DS161/AB/R,
WT/DS169/AB/R.
• European Communities – Measures Affecting the Importation of Certain Poultry
Products (“EC – Poultry”), Panel Report, WT/DS69/R, adopted 23 July 1998, as
modified by the Appellate Body Report, WT/DS69/AB/R.
• Japan – Measures Affecting Agricultural Products (“Japan – Agricultural
Products II”), WT/ DS76/R, adopted 27 October 1998, WT/DS76/AB/R, adopted
22 February 1999.
• Australia – Measures Affecting Importation of Salmon (“Australian – Salmon”),
WT/DS18/R, adopted 12 June 1998, WT/DS18/AB/R, adopted 20 October 1998.
Readings
49
Lecture Plan:
Total Hours: 60
Class Hours: 56
Continuous Assessments Hours: 04
50
Course Curriculum
A. INTRODUCTION
Arbitration has emerged as one of the most preferred methods for resolution of disputes
arising mainly out of commercial contracts. Its popularity lies in the comparative advantages
it has over litigation process. This is more evident in the realm of commercial transactions
involving cross-border trade and business. Rising acceptance of arbitration in last few
decades has given rise to extensive developments, both at the normative and institutional
levels, in arbitration laws and also in methods of conducting arbitration. While debate
relating to ad hoc v institutional arbitration has given way in favour of latter, arbitrations laws
of different countries have also undergone significant transformations. Indian legal system is
gearing up for institutional arbitration, especially in wake of the recent 2018 Amendment
Bill, Indian arbitration laws and jurisprudence is also in a process of rapid developments,
especially during last decade. Research and training in arbitration laws is something which
needs to be given central importance, especially for the students willing to pursue career in
the world of commercial laws. This course provides a rigorous introduction to the field of
international commercial arbitration, which has become the default means of settling
international disputes. The course will deal with the internationalist elements of the subject
matter, but will also examine international commercial arbitration from an Indian
perspective.
B. COURSE OUTCOMES
[CO.1] To provide students with the fundamental legal and jurisdictional underpinnings of
the international commercial arbitration as a system of dispute resolution,
[CO.2] To offer working knowledge of the Indian and International procedural mechanisms
for conducting international commercial arbitrations, and the enforcement of international
commercial arbitration awards in domestic courts,
[CO.3] To develop critical appreciation for developments in law and jurisprudence relating to
international commercial arbitration,
[CO.4] To make students appreciate the reform areas in ICA and also to appreciate the key
challenges in using arbitration as a method of dispute resolution,
[CO.5] To develop an understanding of investor-state dispute resolution through arbitration.
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in
domestic and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to representation of
clients, performance of duties as an officer of the courts, and behaves in a sensitive manner
toward clients and colleagues of all cultures and backgrounds;
51
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for
lifelong learning and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships,
and corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time
management, discipline, workplace culture, team work, giving and receiving feedback, and
achieving balance in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
E. COURSE OUTLINE
52
Hunter, Constantine Partasides, Alan Redfern; Oxford University Press 2009) pp. 1 -
83
Morris S. Rosenthal, “Arbitration In The Settlement Of International Trade Disputes”,
11 Law & Contmep. Probs. 808.
UNCITRAL 2012 DIGEST OF CASE LAW ON THE MODEL LAW ON INTERNATIONAL
COMMERCIAL ARBITRATION (1985, WITH AMENDMENTS AS ADOPTED IN 2006) (United
Nations Publication, 2012) pp. 7- 15.
Cases
• TDM Infrastructure Pvt. Ltd vs. UE Development Pvt. Ltd. [2008 (2)
ARBLR439 (SC)]
• Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd [1993] AC 334
• Private Company “Triple V” Inc. Ltd. v. Star (Universal) Co. Ltd. and Sky
Jade Enterprises Group Ltd., High Court—Court of First Instance, Hong
Kong, 27 January 1995
• Agreement to Arbitrate
- Capacity of parties to enter into agreement
- New York Convention 1959: Art II and Art V
- Writing requirement [Model law options]
- Meaning of ‘defined legal relationship whether contractual or not’
- Meaning of the Term Commercial
- Parties to an arbitration agreement and Role of Non-Signatories
- Severability
- Arbitrable Subject Matter
- Drafting of Clauses and Model clauses from Institutional Arbitrations
- IBA Guidelines for Drafting International Arbitration Clauses, 7 October
2010
Leboulanger, “The Arbitration Agreement: Still Autonomous?” in Albert Jan van den
Berg (Ed.), International Arbitration 2006: Back to Basics? ICCA Congress Series
2006 Montreal 13 (Kluwer Law International 2007) p. 3.
53
Niel Kaplan, QC, “Is the Need for Writing as Expressed in the New York Convention
and the Model Law Out of Step with Commercial Practice?” [1996] Vol 12 No 1
Arbitration International 27
Adam Samuel, “Separability …some awkward questions”, [2000] ADRLJ 36
Lawrence Boo, “The Writing Requirement- Is there really a need for change?”, [2008]
DRI vol 2, no 1, 75
Ross B. Bricker, Courtney M. Beemer, and Amy D. Wills, “Creative Drafting of
Arbitration Clauses: Resurrecting Arbitration’s Benefit by Moving Beyond the
Boilerplate”
John M. Townsend, “DRAFTING ARBITRATION CLAUSES: Avoiding the 7
Deadly Sins”
Cases:
1. Smith Ltd. v. H&S International, 1991 2 Lyod’s Reports 127
2. Union of India v. Mc Donnell Douglas Corp., 1993 2 Llyod’s Report 48
3. Sapphire International Petroleum v. National Iranian Oil Co.(1964) 13 ICLQ 1011
4. American Independent Oil Co. Inc. v. State of Quwait, (1982) 21 ILM 976
5. Fili Shipping Company Ltd v Premium Nafta Products Limited (Fiona Trust) [2007] 2
All ER 1053
6. Mitsubishi Motors Corporation v. Soler Chrysler-Plymouth, 105 S Ct 3346
7. CLOUT 406 (Bundesgerichtshof; II ZR 373/98 ) and 407(Bundesgerichtshof; III ZB
55/99) - German Supreme Court
8. World Sport Group v MSM Satellite Arising out of S.L.P. (C) No. 34978 of 2010)
[Decision of January 24, 2014]
9. Kaverit Steel Crane v Kone, 1974 (2)NZ;R 246,
Articles:
Singhal, “Independence and Impartiality of Arbitrators” (2008) Int’l Arb. L. Rev. 124
John J. Barceló, “Who Decides the Arbitrators’ Jurisdiction? Separability and
Competence-Competence in Transnational Perspective”, 1116 Vanderbilt Journal of
Transnational Law, Vol. 36, [2003]
Chatterjee, “The Reality of the Party Autonomy Rule in International Arbitration”
(2003) 20:6 J. Int’l Arb. 539.
Rogers, “The Vocation of the International Arbitrator” (2005) 20 Am. U. Int’l L. Rev.
957.
54
Franck, “The Role of International Arbitrators” (2006) 12 ILSA J. Int’l & Comp. L.
499
William W. Park, “The Arbitrator’s Jurisdiction to Determine Jurisdiction”, 13 ICCA
Congress Series 55, ICCA Congress, Montréal 2006
Alan Scott Rau, On Integrity in Private Judging, Arbitration International, (© LCIA;
Kluwer Law International 1998, Volume 14 Issue 2) pp. 115 - 156
Charles B. Rosenberg, The Death of the Two-Headed Nightingale: Why the Paulsson–
van den Berg Presumption that Party-Appointed Arbitrators are Untrustworthy is
Wrongheaded, Arbitration International, (© LCIA; Kluwer Law International 2013,
Volume 29 Issue 1) pp. 7 - 44
R. Doak Bishop and Lucy Reed, Practical Guidelines for Interviewing, Selecting and
Challenging Party-Appointed Arbitrators in International Commercial Arbitration,
Arbitration International, (© LCIA; Kluwer Law International 1998, Volume 14 Issue
4) pp. 395 - 430
IBA Guidelines on Conflicts of Interest in International Arbitration, 2004
Cases:
1. SBP & Co v Patel Enggineering Ltd [2005] 8 SCC 618
2. NTPC Ltd v Siemens Atkeingesellschaft AIR 2007 SC 1491
3. Pando Compania Naviera SA v. Filmo SAS, (1975) 1 QB 742
4. Commonwealth Coatings Corp. v. Continental Causality Co. 393 U.S 145 (1968)
5. AT & T Corporation v Saudi Cable [2000] 2 Lloyd's Rep 127
6. Commonwealth Coatings Corp v Continental Casualty 393 US 145 (1968)
7. AAY and others v AAZ [2009] SGHC 142
8. Pan Atlantic Group Inc. v. Hassneh Insurance Co. of Israel Ltd, [1992] ADRLJ 179
9. Veritas Shipping Corp. v. Anglo-Canadian Cement Ltd [1966] 1 Lloyd’s Rep. 76, 77
(QB) (English High Ct.).
55
Chapter 19: Choice of Substantive Law in International Arbitration in Gary B. Born ,
International Commercial Arbitration, Second Edition (© Kluwer Law International;
Kluwer Law International 2014) pp. 2614 - 2778
Cases
1. Sulamérica Cia Nacional De Seguros S.A. and others v Enesa Engenharia S.A [2012]
EWCA Civ 638
2. Arsanovia Ltd v Cruz City 1 Mauritius Holdings [2013] 2 All ER 1
3. Habas Sinai Ve Tibbi Gazlar Istihsal Andustrisi AS v VSC Steel Company Ltd [2013]
EWHC 4071 (Comm)
4. The Libyan Oil Nationalisation Arbitrations (Texaco, BP Oil, Liamco) (1981) VI
Yearbook Commercial Arbitration 89
5. Sapphire International Petroleum Ltd. v The National Iranian Oil Company, (1964)
13 ICLQ 1011
6. Naviera Amazonica Peruana SA v. Compania Internacional de Seguros del Peru
[1988] 1 Lloyd’s Rep. 116, 118 (English Ct. App.)
7. Abu Dhabi Inv. Auth. v. Citigroup, Inc., No. 13-1068-cv (2d Cir. Feb. 19, 2014)
8. Konkar Indomitable Corp. v. Fritzen Schiffsagentur und Bereederungs GmbH, 1981
U.S. 9637 (S.D.N.Y.)
9. B v. A [2010] EWHC 1626
10. Zurich Ins. Co. v. Ennia Gen. Ins. Co., 882 F.Supp. 1438, 1440 (S.D.N.Y. 1995)
11. Final Award in ICC Case No. 12112, XXXIV Y.B. Comm. Arb. 77, 81 (2009)
• Interim Measures
• Pre-hearing Procedure & Evidence Gathering - Conflict of Laws Issues
• Hearings
• Privacy and Confidentiality
• Judicial Intervention
Articles:
Paulsson, “The Timely Arbitrator: Reflections on the Böckstiegel Method” in Law
of International Business and Dispute Settlement in the 21st Century, Liber
Amicorum Karl-Heinz Böckstiegel (2001) 607.
Jason Fry, “Interim Measures Of Protection: Recent Developments And The Way
Ahead”, Int. A.L.R. 2003, 6(5), 153-160
IBA Rules on the Taking of Evidence in International Arbitration, 2010
Matthias Schrerer “The Limits of the IBA Rules on the Taking of Evidence in
International Arbitration: Document Production based on Contractual or Statutory
Rights”, (2010) 13 Intl Arb LR 195-200.
Cases:
1. Delphi Petroleum Inc v Derin Shipping and Trading Ltd (1993) 73 FTR 241
2. Overseas Fortune Shipping Pvt Ltd v Great Eastern Shipping Co Ltd [1987] 1 Loyds
Rep. 270
3. Brandeis v Brokers Ltd v Black [2001] 2 All ER 980
4. Derby and Co Ltd v Weldon (No 9) [1991] 2 All ER 901
5. Esso Australia Resources Ltd v Plowman (1995) 183 CLR 10
6. Bulgarian Foreign Trade Bank v A.I. Trade Finance Inc (2000) 15(12) Mealey's
International Arbitration Report 44 and 52 (Swedish Supreme Court)
56
7. Metalclad Corporation v United Mexican States, Final Award, 2 September 2000
8. Mitsui Engineering and Shipbuilding Co Ltd v Easton Graham Rush and Another,
[2004] 2 SLR 14
9. United States v. Panhandle Eastern Corp. et al. , 118 F.R.D. 346 (1988, Del)
Cases:
1. Chiswell Shipping Ltd v State Bank of India [1987] 1 Lloyd’s Report 157
2. Hassal v Childrens’ & Womens’ Health Centre of British Columbia [2001] BCD Civ
J 2705
3. European Grain and Shipping Ltd v Johnson [1982] 3 All ER 989
4. Agrimex Ltd v Tradigrain SA [2003] EWHC 1656
5. Renusagar Power Corp Ltd v General Electric Co AIR 1994 SC 859
6. ONGC v SAW Pipes Ltd AIR 2003 SC 2629
7. Venture Global Engineering v Satyam Computer Services Ltd AIR 2008 SC 1061
8. Phulchand Exports v OOO Patriot (2011) 10 SCC 300, SC Decision, October 12,
2011
9. Shri Lal Mahal Ltd v Progetto Grano Spa Civil Appeal No.5085 of 2013, SC
Decision of July 3, 2013.Soleimany v Soleimany [1998] 3 WLR 811
10. Enercon (India) Ltd v Enercon GMBHCivil Appeal No. 2006 of 2014, February 14,
2014.
11. Creighton v Quatar (2000) XXV Yearbook of Commercial Arbitration 458, decision
of the Cour de cassation of July 6, 2000
12. Ambassade de la Federation de Russie en France v Compagnie NOGA d’Importation
et d’Exportation SA, Cour d’Appel de Paris (1 Ch. A) August 10, 2000, (2001) XXVI
Yearbook Commercial Arbitration 273
57
13. Indian Organic Chemical Ltd. v. Subsidiary 1(US) Subsidiary 2 (US) and Chemtex
Fibres Inc. (1979) IVYB Commr. Arb. 271.
14. Astro Nusantara International BV v PT Ayunda Prima Mitra [2012] SGHC 212
58
Gus Van Harten and Martin Loughlin, “Investment Treaty Arbitration as a Species of
Global Administrative Law”, EJIL (2006), Vol. 17 No. 1, 121–150
Prabhash Ranjan & Deepak Raju, “The Enigma of Enforceability of Investment
Treaty Arbitration Awards in India”, Asian Journal of Comparative Law, Vol. 6: Iss.
1, Article 5,(2011)
Thomas Kendra and Anna Bonini, Dealing with Corruption Allegations in
International Investment Arbitration: Reaching a Procedural Consensus?, Journal of
International Arbitration, (© Kluwer Law International; Kluwer Law International
2014, Volume 31 Issue 431 4) pp. 439 - 453
Prabhash Ranjan, “The White Industries Arbitration: Implications for India’s
Investment Treaty Program” Investment Treaty News, April 13, 2012
Cases
1. White Industries Australia Limited v. The Republic of India, UNCITRAL Award of
Nov 30, 2011
2. National Gas S.A.E. v. Arab Republic of Egypt, ICSID Case No. ARB/11/7
3. BG Group PLC v. Republic of Argentina, US Supreme Court decision of March 5,
2014
SUGGESTED READINGS
Gary B. Born, International Commercial Arbitration, Second Edition (Kluwer Law
International; Kluwer Law International 2014).
Rene David, Arbitration in International Trade, Kluwer Law and Taxation, The
Hague, 1985
Julian D M Lew, Comparative International Commercial Arbitration, Kluwer Law
International, The Hague, 2003
David Sutton (et.al.), Russell on Arbitration, Sweet & Maxwell, London, 1997
Alan Redfern and Martin Hunter (eds.), Law and Practice of International
Commercial Arbitration, Sweet & Maxwell, London, 2004
Herbert Kronke (et.al.), Recognition and Enforcement of Foreign Arbitral Awards: A
Global Commentary on New York Convention, Kluwer Law International, The
Hague, 2010.
Simon Greenberg et al., International Commercial Arbitration: An Asian-Pacific
Perspective Cambridge University Press, 2011.
Loukas A. Mistelis et al., International Arbitration and International Commercial
Law: Synergy Convergence and Evolution, Wolters Kluwer, New York , 2011
Jan Paulsson, The Idea of Arbitration, Oxford, 2013.
59
Lecture Plan
60
Problem based Exercises
46 Immunity to Arbitrators Lecture, Case Studies,
Problem based Exercises
47-51 Enforcement of Awards: Issues and Lecture, Case Studies,
Challenges Problem based Exercises
52-56 Investment Treat Arbitration Lecture, Case Studies,
Problem based Exercises
Total Hours: 60
Lecture Hours: 56
Continuous Assessment: 4 Hrs
61
Course Curriculum
A. INTRODUCTION
The emergence of modern information and technology-based societies in which the
exercise of economic, political, and social power increasingly depends on the opportunities to
access, manipulate, and use information and information infrastructure has created opportunities
enforcement and national security responses. To deal with the new emerging menace of cyber
crime we have only one legislation in place, IT Act, 2000 which did not deal with much of
internet crime. Even though the 2008 amendment Act took care of some major internet crimes
we are still lacking in many areas.
One of the important objective of this course to lay down policy for various issues
regarding internet crimes for India taking into account the global initiatives. This course explores
how a "networked" world has bred new crimes and new responses, and investigates how
information and communication technology (ICT) has become a tool, a target, and a place of
criminal activity and national security threats, as well as a mechanism of response. This course
addresses such questions as how emerging technologies challenge existing laws and criminal
procedures; how nation-states regulate criminal conduct across traditional geographic and
political boundaries; what reasonable expectations of privacy are in cyberspace; and how control
is shifting from traditional mechanisms of law enforcement to new regulatory regimes, including
technology.
B. COURSE OUTCOMES
At the end of the course, students will be able to
[CO.1] Acquaint with the basic rationale and various terminologies involved in the
criminal legal framework dealing with Cyber Space in India
[CO.2] Conceptualize the core of criminal liability and penal sanction in Cyber
Crimes
[CO.3] Encapsulate the national as well as international legal framework of cyber-
space and its various procedural intricacies
[CO.4] Identify and categorize the nature of various cyber-crimes and precise legal
provisions dealing thereto
[CO.5] Inspect the components of cyber investigation, adjudication and trial
applicable under concerned legal enactments
[CO.6] Analyze the role, functioning and liabilities of entities forming the canvas of
cyber space
[CO.7] Describe the contents of cyber activities resulting into cyber crimes
[CO.8] Indicate the synthesis of various national as well as international legal norms
dealing with cyber crimes
[CO.9] Analyze the judicial ethos dealing with cyber-crimes and its reflection under
contemporary cyber laws in India.
62
C. PROGRAM OUTCOMES
[PO.1].Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in
domestic and international law contexts;
[PO.2].Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[PO.3].Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4].An appreciation, understanding, and inculcation of the moral, ethical, and professional
values and application of knowledge of professional ethics to representation of clients,
performance of duties as an officer of the courts, and behaves in a sensitive manner toward
clients and colleagues of all cultures and backgrounds;
[PO.5].Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for life-
long learning and continuing improvement;
[PO.6].Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7].Using technology in legal practice
[PO.8].Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships,
and corporate entities
[PO.9].Explore and understand specific issues relating to workplace such as time
management, discipline, workplace culture, team work, giving and receiving feedback, and
achieving balance in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
Project 20%
End Term Exam Closed Book 50%
E: CURRICULUM
63
• US v. MIDDLETON, 231 F.3d 1207 (2000) (Factual Background, pp. 1208-09, Part B.
Damages, p. 1213, and Part C. Sufficiency of Evidence, pp. 1213-14).
• Need for criminalization of offences in cyber space
• Types of cyber offences to be criminalized
• Spamming, hacking, cyber stalking, theft of service, denial of service attacks, salami
slicing, data transfer fraud,
• International dimensions to cyber crimes – Budapest convention.
• Online intermediary liability
• Computer Viruses, Time Bombs, Trojans, Malicious Code (Malware)
Readings:
• Jyh-An Lee, Hacking into China's Cybersecurity Law, 53, Wake Forest L. Rev. 57
(2018).
• Josh Goldfoot; Aditya Bamzai, A Trespass Framework for the Crime of Hacking, 84
Geo. Wash. L. Rev. 1477, (2016).
• Sara Sun Beale; Peter Berris, Hacking the Internet of Things: Vulnerabilities, Dangers,
and Legal Responses, 16 Duke L. & Tech. Rev. 161 (2017-2018).
• Maneela, Cyber Crimes: The Indian Legal Scenario, 11, US-China L. Rev. 570 (2014).
Readings:
• Milana Pisaric, Electronic Records as Digital Evidence, 43 Zbornik Radova 519 (2009).
• Jacqueline J. DeGaine, Digital Evidence, 2013 Army Law. 7 (2013).
• Paul W. Grimm; Daniel J. Capra; Gregory P. Joseph, Authenticating Digital Evidence, 69
Baylor L. Rev. 1 (2017).
• Mrinalini Singh; Shivam Singh, Cyber Crime Convention and Trans Border Criminality,
1 Masaryk U. J.L. & Tech. 53 (2007).
64
• Should sentencing law and policy take into account the differences between traditional
crimes and cyber crimes
• Cyber security measures : Computer Emergency Response team. NERT
Readings:
• Dan-Calin Besliu, Cyber Terrorism - A Growing Threat in the Field of Cyber Security, 6
Int'l J. Info. Sec. & Cybercrime 35 (2017).
• Loan Marcel, The Components of Cyber-Terrorism, 2 Int'l J. Info. Sec. & Cybercrime 49
(2013).
• Ioana Martin, Cyber Security Strategies - An Overview, 4 Int'l J. Info. Sec. & Cybercrime
33 (2015).
Readings:
• Gerard V. Bradley, Prolegomenon on Pornography, 41 Harv. J. L. & Pub. Pol'y 447
(2018).
65
• Godwin Tan, Is Pornography Merely Obscene: Feminist Perspectives on the Regulation
of Pornography, 5 UK L. Student Rev. 97 (2017).
• Shannon Russell, The Criminalisation of Extreme Pornography: Legitimacy and Scope, 3
Edinburgh Student L. Rev. 51 (2017).
Topic – IV: Online fraud issues and challenges:
• Identity Theft; Intellectual Property Theft;
• Theft of computer resource S66B
• Identity theft and impersonation S 66C and S66D
• Tampering with the source code S65,
• Syed Asifuddin v The State of Andhra Pradesh, 2005 Crilj 4314.
Readings:
• Eric Holm, The Darknet: A New Passageway to Identity Theft, 6 Int'l J. Info. Sec. &
Cybercrime 41 (2017).
• N. S. Nappinai, Cyber Crime Law in India: Has Law Kept Pace with Engineering Trends
- An Empirical Study, 5 J. Int'l Com. L. & Tech. 22 (2010)
LECTURE PLAN:
66
17-22 • Investigating Internet Crime: cyber cells, Lecture, Self
search, seizure, digital evidence Study, Discussion
• Computer forensics
• Prosecution of internet crime,
Total Hours: 60
Lecture Hours: 56
Continuous Assessment Tests: 04
67
Course Curriculum
COMPARATIVE CRIMINAL LAW| 10 Credits |
Session: January - May 2020, Faculty: RENJITH THOMAS
Class: BA/BBA LL.B X SEMESTER (Criminal Law Honors)
A. INTRODUCTION
This course will look at Comparative Law as a discipline, focusing on its method, history, and
contemporary problems. It will also examine selected Criminal Law issues in different
jurisdictions and administration of criminal justice in these jurisdictions. In the following
lectures various subjects will be treated in a comparative perspective. This course will have a
comparative analysis of both substantive and procedural criminal laws.
To understand the issues concerning the merits or otherwise of codification in both the
common law and the civil law
To understand the basic characteristics of criminal procedure under the inquisitorial and
the adversarial systems
To understand the relationship between substantive criminal law and criminal procedure
in relation to issues such as the principles of territoriality, equality before the law
including the right to a fair trial, and the right to legal representation in the civil and
common law systems.
C. COURSE OUTCOME
[CO.1]. To gather knowledge of enforcement system in a comparative framework and they will
be acquainted with different systems of criminal law and criminal procedure.
[CO.2]. To apply relevant theories and laws in Criminal Law in diverse jurisdictions.
[CO.3]. To make connections to theories and readings when analysing comparative Criminal
Law issues; and theorize, generalize, and hypothesize on these issues.
[CO.4]. To gain important skills in evaluating sources, researching, writing, normative analysis
of text, as well as some oral argumentation in Comparative Criminal Law.
68
D. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in domestic
and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and professional
values and application of knowledge of professional ethics to representation of clients,
performance of duties as an officer of the courts, and behaves in a sensitive manner toward
clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of ongoing
improvement of the practice of law and exhibits commitment and aptitude for life- long learning
and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships, and
corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time management,
discipline, workplace culture, team work, giving and receiving feedback, and achieving balance
in one’s life in a multidisciplinary environment.
E. ASSESSMENT PLAN
F. COURSE OUTLINE
69
• Islamic Law
• Origin of criminal law
• presumption of innocence
• Principles of legality, Classification of offences – kinds of punishments
Recommended Readings:
Book Chapters
1. Ashworth, Andrew, and Michael Redmayne. The Criminal Process. 4th ed. Oxford:
Oxford University Press, 2010.
2. Francis Pakes, Comparative Criminal Justice, Willan Pub., Cullompton, 2003
3. M.A. Dupont-Morales, Michael K Hooper & Judi Schmidt (eds), Handbook of Criminal
Justice Administration, Marcel Dekker Publishers, New York, 2000
4. Tim Newburn and Richard Sparks (eds), Criminal Justice and Political Cultures, Willan
Pub., Cullompton, 2004
5. Hannah Arendt, Eichmann in Jerusalem: A Report on the Banality of Evil, Penguin Pub.,
London,2006
6. Alison Liebling and Shad Maruna (eds), The Effects of Imprisonment, Willan Pub.,
Cullompton,2006
Articles:
70
Recommended Readings:
Book Chapters
1. Charles B. Fields and Richter H. Moore, Comparative and International Criminal Justice:
Traditional and Nontraditional Systems of Law and Control, 2" Edition, Waveland Press
Inc., Long Grove Illinois, 2005
2. Francis Pakes, Comparative Criminal Justice, Willan Pub., CuIJompton, 2003
3. M.A. Dupont-Morales, Michael K Hooper & Judi Schmidt (eds), Handbook of Criminal
Justice Administration, Marcel Dekker Publishers, New York, 2001
4. Tim Newbum and Richard Sparks (eds), Criminal Justice and Political Cultures, Willan
Pub, Cullompton, 2004
5. Peter J. Koppen and Steven D. Penrod (eds), Adversarial versus Inquisitorial Justice:
Psychological Perspectives on Criminal Justice Systems, Kluwer Academic/Plenum
Publishers, New York, 2003
Articles:
1. Anderson, policing the World: Interpol and the Politics of International Police Co-
Operation, Clarendon Press, Oxford, 1989
2. J. Vagg, Context and Linkage: Reflections on Comparative Research and
'Internationalism' in Criminology, British Journal of Criminology, Vol. 33,1993, pp. 541-
554
• Types of trial – speedy justice – role of judge, prosecution and defense attorney during
trial,
• Punishment and Sentencing process.
• Victim’s role in penal process
• Plea bargaining
• Appeal procedure – legal aid – public participation in criminal justice.
• Probation and Community Punishment
Extradition
Mutual Legal Assistance
Recommended Readings:
Book Chapters
1. Brown, David, David Farrier, Sandra Egger, Luke McNamara, and Alex Steel. Criminal
Laws: Materials and Commentary on Criminal Law and Process in New South Wales 4th
ed. Sydney: Federation Press, 2006.
71
2. Keith Bryett and Osborne, Criminal Prosecution, Procedure and Practice:
International Perspectives, Stationery Office, Belfast, 2000
3. Keith Bryett and Peter Osborne, Criminal Prosecution, Procedure and Practice:
International Perspectives, Stationery Office. Belfast, 2000
Articles:
1. Louise Mallinder, Transforming International Criminal Justice: Retributive and
Restorative Justice in the Trial Process, Br. J. Criminal, 46:155-157, 2005, p. 448
2. Declan Roche, Truth Commission Amensties and the International Criminal Court,
British Journal of Criminology, 45:565-581, 2005
3. Stefano Betti. New Prospects for Inter-State Cooperation in Criminal Matters:
The Palermo Convention, International Criminal Law Review, Vol. 3 No.2, 2003 pp.
151-167
4. A Bossard, Interpol and Law Enforcement: Response to Transnational Crime, 11 Police
Studies, (1998), 177
General Exceptions
• Infancy,
• Insanity
• Consent,
• Necessity and
• Private defense
Abetment and Attempt
Recommended Readings:
Book Chapters
1. Bronitt, Simon, and Bernadette McSherry. Principles of Criminal Law. 3d ed. Sydney:
Thomson Reuters, 2010.
2. Roach, Kent. Criminal Law. 4th ed. Toronto: Irwin Law, 2009.
3. Harry R. Dammer and Erika Fairchild, Comparative Criminal Justice Systems,
3rd Edition, Wadsworth/Thomas Learning. Belmont California, 2006
4. Francis Pakes, Comparative Criminal Justice, Willan Pub., Cullompton, 2003
5. Elliott, Catherine. French Criminal Law. Devon: Willan Publishing, 2001.
6. Bohlander, Michael. Principles of German Criminal Law. Oxford: Hart Publishing, 2009.
Articles:
1. Dubber, Markus D.,, “Penal Law and Sexuality: Recent Reforms in German Criminal
Law,” 3 Buffalo Criminal Law Review (2000), 639.
2. Dubber, Markus D.,, “Social Expectations in the Criminal Law: The ‘Reasonable Person’
in a Comparative Perspective,” 11 New Criminal Law Review (2008), 1.
72
TOPIC 5: SPECIFIC OFFENCES FROM A COMPARATIVE PERSPECTIVE
Recommended Readings
Book Chapters
1. Dressler, Joshua. Understanding Criminal Law. 5th ed. Newark, NJ: LexisNexis, 2009.
2. LaFave, Wayne R. Criminal Law. 5th ed. St. Paul, MN: West, 2010.
3. Model Penal Code and Commentaries (Official Draft and Revised Comments).
Philadelphia, PA: American Law Institute, 1980, 1985.
4. Robinson, Paul H. Criminal Law. New York: Aspen Publishers, 1997 (2d ed. 2011)
5. George F. Cole, Stanislaw J. Frankowski and Marc G. Gertz (eds.), Major Criminal
Justice Systems: A Comparative Survey, 2nd Edition, Sage Publications, Newbury Park,
California, 1987
6. Delmas Marty, Mireille and J.R. Spencer, European Criminal Procedures, Cambridge
University Press. New York, 2002
7. John Hatchard, Barabara Huber and Richard Vogler (eds.), Comparative Criminal
Procedure, BIICL. London, 1996
Articles:
1. Dubber, Markus D.,, “Offensive Behavior and German Penal Law,” 5 Buffalo Criminal
Law Review (2001), 255.
2. Dubber, Markus D.,, “Penal Law and Sexuality: Recent Reforms in German Criminal
Law,” 3 Buffalo Criminal Law Review (2000), 639.
3. Dubber, Markus D.,, “Social Expectations in the Criminal Law: The ‘Reasonable Person’
in a Comparative Perspective,” 11 New Criminal Law Review (2008), 1.
4. Malcom Davies, Comparative Criminal Law and Enforcement: England and Wales,
Encycicpr.: Crime and Justice, New York, 2002 pp. 182-192
5. Nancy Loucks, Contrasting Prisoners Rights: A Comparative Examination of England
and Germ. Br. J. Criminal, 45: 999-1001, 2004 p. 289
6. Trevor Jones and Tim Newburn, Comparative Criminal Justice Policy - Making in the US
and UK, I J. Criminal, 45:55-80,2005
Reference Readings
Judges and Judging in the History of the Common Law and Civil Law: From ANTIQUITY TO
MODERN TIMES edited by Paul Brand, Joshua Getzler CUP 2012
73
Charting the Divide Between Common and Civil Law Thomas Lundmark OUP USA, 27-Sep-
2012
The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America
John Henry Merryman, Rogelio Pérez-Perdomo Stanford University Press, 21-May-2007
Dammer, Harry R., and Jay S. Albanese. 2014. Comparative criminal justice systems. 5th ed.
Belmont, CA: Cengage Learning.
Reichel, Philip L. 2013. Comparative criminal justice systems: A topical approach. 6th ed.
Boston: Pearson.
Comparative Criminal Justice Systems by Harry R. Dammer (Author), Jay S. Albanese (Author)
Cengage Learning; 5 edition (January 4, 2013)
* The faculty shall disseminate pertinent reference materials for each lecture. These reference
materials may consist of articles, videos, books etc.
Lecture Plan
Total Hours: 61
Lecture Hours: 57
Continuous Assessment: 4 Hrs.
74
Course Curriculum
A. INTRODUCTION
Several issues like the treatment of home buyers under the IBC, allowing promoters to bid for a
company or an asset that is being sought to be resolved , the absence of interest in second-or
three-tier companies ; have been raised before the government. Cross-border Insolvency is a
contemporaneous offshoot area, an overview of which would equip the lawyers to fathom future
challenges. Though predominantly, the focus is on the Indian law, an examination of the general
theory and introduction of the comparative flavour will make the study even more interesting and
enhance the utility of this course for the future corporate lawyers. The various underlying
learning objectives of this course are, inter alia, as follows:
B. COURSE OUTCOMES
C. PROGRAM OUTCOMES
[PO.1]: Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving
in domestic and international law contexts;
[PO.2]: Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral
communications;
[PO.3]: Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]: An appreciation, understanding, and inculcation of the moral, ethical, and professional
values and application of knowledge of professional ethics to representation of clients,
performance of duties as an officer of the courts, and behaves in a sensitive manner
toward clients and colleagues of all cultures and backgrounds;
[PO.5]: Reviews and critically appraises legal literature and evidence for the purpose of ongoing
improvement of the practice of law and exhibits commitment and aptitude for life-long
learning and continuing improvement;
[PO.6]: Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7]: Using technology in legal practice
[PO.8]: Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations,
entrepreneurships, and corporate entities
[PO.9]: Explore and understand specific issues relating to workplace such as time
management, discipline, and workplace culture, team work, giving and receiving
feedback, and achieving balance in one’s life in a multidisciplinary environment.
76
D. ASSESSMENT PLAN
E. CURRICULUM
PART I
Topic 1: Introduction:
PART II
PART III
a) Liquidation process:
• Initiation of liquidation
• Appointment, powers and duties of liquidator
• Liquidation estate
• Verification, admission and determination of claims
• Relevant Case Laws
78
Topic 6: Voluntary Liquidation Process for Corporate Persons
PART IV
Insolvency Professionals:
• Registration
• Functions and obligations
• Relevant regulations
Information Utilities:
• Registration
• Governing Board
• Core services
• Obligations
• Important regulations
79
• Concept- Section 224
• Significance
PART V
1) Ashish Makhija, Insolvency and Bankruptcy Code of India, (Lexis Nexis, ed. 2018).
2) V.S Wahi, Treatise on Insolvency & Bankruptcy Code, (Bharat Law House, ed. 2018).
3) Vinod Kothari and Shikha Bansal, Law Relating to Insolvency and Bankruptcy Code, 2016,
(Taxmann, ed. 2016).
II. REFERENCES:
1) Rebecca Parry & Others, Transaction Avoidance in Insolvencies, (3rd ed., Oxford University
Press, 2018).
2) Irit Mevorach, The Future of Cross Border Insolvency, (1st ed., Oxford University Press,
2018).
3) Finch Vanessa and David Milman, Corporate Insolvency Law: Perspectives and Principles,
(3rd ed., Cambridge, 2017).
4) Guide to Insolvency and Bankruptcy Code 2016, (As amended by Insolvency and
Bankruptcy Code (Amendment) Ordinance 2017), (Taxmann, ed. 2017).
5) Dinshaw Fardunji Mulla and Aparna Ravi, The Law of Insolvency in India, (6th ed., Lexis
Nexis, 2017).
6) Thomson Reuters, Manzar Saeed Commentary on the Insolvency and Bankruptcy Code
2016, (Hardcover, ed.2017).
7) Vinod Kothari and Shikha Bansal, Law Relating to Insolvency and Bankruptcy Code, 2016,
(Taxmann, ed. 2016).
80
8) Vishwanathan, T.K., Interim Report of the Bankruptcy Law Reform Committee, (Feb. 2015),
available at: http://finmin.nic.in/reports/Interim_Report_BLRC.pdf
9) Bob Wessels and Gert Jan Boon, Cross-Border Insolvency Law, (2nd ed., Wolters Kluwer
Law International, 2015).
10) Rosa M. Lastra, Cross-Border Bank Insolvency, ((1st ed., Oxford University Press, 2011).
11) Justice P.S. Narayana, Law of Insolvency (Bankruptcy), 8th ed., Asia Law House, 2010).
12) Felicity Toube, International Asset Tracing in Insolvency, (1st ed., Oxford University Press,
2009).
13) Chapter 1, Wood, Philip R., Principles of International Insolvency (The Law and Practice of
International Finance Series, vol. 1), 2nd ed. (South Asian ed. 2009).
14) Chapters 1 to 4, Finch, Vanessa, Corporate Insolvency Law: Perspectives and Principles (2nd
ed. Cambridge, 2009).
15) Ziad Raymond Azar, Bankruptcy Policy: A Review and Critique of Bankruptcy Statutes and
Practices in Fifty Countries Worldwide, Cardozo J. of Int’l. & Comp. Law, (Vol. 16), 2008,
279.
16) Chapters I and II, Barry E. Adler, Douglas G. Baird and Thomas H. Jackson, Cases,
Problems, and Materials on Bankruptcy, 4th ed. (Foundation Press, N.Y., 2007).
17) Transnational Bankruptcy, Chapter XIII, Barry E. Adler, Douglas G. Baird and Thomas H.
Jackson, Cases, Problems, and Materials on Bankruptcy, 4th ed. (Foundation Press, N.Y.,
2007).
18) Lecture 1, Narayan, Ms. Sathya, Mulla on the Law of Insolvency in India, 4th ed. (Tripathi,
1997).
19) Mitra, Dr. N.L. (Chairman), Report of the Advisory Group on Bankruptcy Laws-May 2001,
along-with Illustrative Code-Corporate Bankruptcy and Winding up Code, 2001; Available
at:
http://www.rbi.org.in/Scripts/PublicationReportDetails.aspx?FromDate=05/17/01&SECID=4
&SUBSECID=27
20) Julian R. Franks &Walter N. Torous, Lessons from a Comparison of U.S and U.K Insolvency
Codes8(3)Oxford Review of Economic Policy<https://academic.oup.com>.
21) UNCITRAL Model-Law on Cross-Border Insolvency.
22) Corporate Laws Manual (2015).
23) Insolvency and Bankruptcy Code, 2016.
III. LEGISLATIONS:
81
• The Specific Relief Act,1963; and
• The Negotiable Instruments Act,1881
• The Indian Contract Act, 1872 (Of Contracts, Voidable Contracts and Void Agreement;
Contingent Contracts; Performance of Contract; Novation, Rescission and Alteration of
Contracts; Agency; Consequences of breach of Contract; Indemnity and Guarantee; Surety;
Bailment and Pledge; Set off);
• The Partnership Act, 1932;
• The Sale of Goods Act, 1930 (Sale, Condition and Warranty, Seller's Lien and Damages);
• The Transfer of Property Act, 1882;
• The Specific Relief Act,1963; and
• The Negotiable Instruments Act,1881
• The Recovery of Debts due to Banks and Financial Institutions Act, 1993;
• Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements)
Regulations, 2009;
• Securities and Exchange Board of India (Delisting of Equity Shares) Regulations, 2009;
• Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers)
Regulations, 2011;
• Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements)
Regulations, 2015;
• The Arbitration and Conciliation Act, 1996; and
• The Limitation Act, 1963
• The Companies Act, 2013
i. Chapter III Prospectus and Allotment of Securities
ii. Chapter IV Share Capital and Debentures
iii. Chapter V Acceptance of Deposits by Companies
iv. Chapter VI Registration of Charges
v. Chapter VII Management and Administration
vi. Chapter IX Accounts of Companies
vii. Chapter XV Compromises, Arrangements and Amalgamations
viii. Chapter XVII Registered Valuer
ix. Chapter XVIII Removal of names of the companies from the register of companies
x. Chapter XX Winding-up of the companies
xi. Chapter XXVII NCLT and NCLAT
xii. Chapter XXVIII Special Courts
ADDITIONAL NOTES:
1) Latest cases will be provided during the administration of the course.
2) The latest edition of all the books referred to above should be read.
* IMPORTANT NOTE
1. The reading material is preliminary and suggestive. The faculty shall distribute pertinent study
materials as pre/post lecture content (from time to time). Students must keep themselves abreast
of the distributed materials and clarify their respective doubts with the faculty.
2. The faculty member-in-charge of the course reserves the right to modify any of the contents,
terms and conditions, provided in this curriculum.
82
3. A list of project topics would be notified to the class after the commencement of the session.
LECTURE PLAN:
Hours: 60
Lecture Hours: 56
Continuous Assessment Hours: 4
83
Course Curriculum
LAW OF PROJECT FINANCE| 10 Credits |
Session: January – May 2020 | Faculty: Mr. Sarthak Mishra|
Class: BA/BBA LLB X SEMESTER [Business Law Honors]
A. INTRODUCTION
There are multiple perspectives on what project finance actually consists of. The one that will be
generally followed in this course is that it mostly comprises financing the development or
exploitation of a right, natural resource or any other asset, where the majority portion of the
financing is not contributed by the holders of any form of share capital, and where such
financing is sought to be repaid mostly out of any revenue that the concerned project yields.
Such projects usually require huge initial investments, but may have long pay-offs, mostly
stemming from cash-flow of the project, with the project sponsors preferring to protect their
assets and balance sheets from risks associated with the project by way of actions such as ring-
fencing. Asset-specific financial structuring is therefore often the hallmark of project finance.
Over the years, project financing has established its credentials as a highly effective instrument
for financing the delivery of investments and other services into the domain of infrastructural
development all over the world, especially in sectors such as transport, energy, environment and
even social infrastructure such as hospitals and schools. While public-private partnership models
have been given a fillip with project finance taking care of the underlying risk management, the
transactions involved in this discipline are often complex and require specific expertise including
analysis, structuring, negotiation and appreciation of the myriad stakeholder interests involved.
B. COURSE OUTCOMES
At the end of the course, students will be able to
[CO.1]. Gain insight into the motivations and objectives of the various parties involved in a
project.
[CO.2]. Have an understanding about the fundamental concepts underlying any public
procurement by way of competitions, bidding etc.
[CO.3]. Identify suitable corporate structures and financial plans for different projects based on
the requirements and interests of the parties involved, including how to make the project appear
an attractive prospect to the lenders.
[CO.4]. Learn about the various contracts involved in a standard project, the import of the
clauses therein, the negotiation between the parties in relation to said contracts and the
documentation involved.
[CO.5]. Analyse the risks associated with various projects, management of such risks by
different methods including insurance and contractual framework.
[CO.6]. Apply the international principles and best practices in the contexts of projects in India.
C. PROGRAM OUTCOMES
[PO.1]. Understand the basic concepts of Project Finance and its importance in any legal system
[PO.2]. Appreciate difference between the concepts of securitization, ABS, MBS CDO, etc
[PO.3]. Critically analyse historical progression of Project Finance in the corporate world
[PO.4]. Appreciate the impact of this critical process in the larger scheme of corporate
existence, survival and growth.
[PO.5]. Delve into finer and deep questions concerning interaction between the limiting doctrine
of eminent domain and the desire of a corporation to be at liberty to conduct its own.
[PO.6]. Apply knowledge of law to factual disputes relating to Project Finance
[PO.7]. Demonstrate the ability to think like a lawyer and basic proficiency in professional
84
lawyering skills to perform competent legal analysis, reasoning, and problem solving in domestic
and international law contexts;
[PO.8]. Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[PO.9]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.10]. An appreciation, understanding, and inculcation of the moral, ethical, and professional
values and application of knowledge of professional ethics to representation of clients,
performance of duties as an officer of the courts, and behaves in a sensitive manner toward
clients and colleagues of all cultures and backgrounds;
[PO.11]. Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for lifelong
learning and continuing improvement;
[PO.12]. Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development
[PO.13]. Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships, and
corporate entities
[PO.14]. Explore and understand specific issues relating to workplace such as time management,
discipline, workplace culture, team work, giving and receiving feedback, and achieving balance
in one’s life in a multidisciplinary environment
D. ASSESSMENT PLAN
E. CURRICULUM
TOPIC 1: INTRODUCTION TO PROJECT FINANCE
• Definitions
• International Project Finance
• Basic Characteristics
• Advantages and Disadvantages of Project Finance
Readings:
1) JOHN NIEHUSS, INTERNATIONAL PROJECT FINANCE IN A NUTSHELL, Chapter 1 (2015).
2) JOHN D. FINNERTY, PROJECT FINANCING: ASSET BASED FINANCIAL ENGINEERING, Chapters
1& 2 (2013).
3) STEFANO GATTI, PROJECT FINANCE IN THEORY AND PRACTICE, Chapter 1 (2013).
85
TOPIC 2: LEGAL ASPECTS OF PROJECT FINANCE
• Due Diligence
• Project Procurement
• Sponsors’ Interest
• Lender Concerns
• Techniques
• Public- Private Partnerships
Readings:
1) GRAHAM D. VINTER, PROJECT FINANCE: A LEGAL GUIDE, Chapters 1,3 & 15 (2003).
2) JOHN NIEHUSS, INTERNATIONAL PROJECT FINANCE IN A NUTSHELL, Chapter 3-6 (2015).
3) JOHN D. FINNERTY, PROJECT FINANCING: ASSET BASED FINANCIAL ENGINEERING, Chapters
7 (2013).
• Bankability
• Types of Finance
• Third Party Credit Support
• The Principal Finance Documents
Readings:
1. KIATCHAI SOPHASTIENPHONG, YIBIN MU & CAROLOTTA SAPORITO, SOUTH ASIAN BOND
MARKETS: DEVELOPING LONG-TERM FINANCE, Chapter 1 & 3 (2008).
2. GRAHAM D. VINTER, PROJECT FINANCE: A LEGAL GUIDE, Chapters 6 & 7 (2003).
3. JOHN NIEHUSS, INTERNATIONAL PROJECT FINANCE IN A NUTSHELL, Chapter 11-13 (2015).
4. JOHN D. FINNERTY, PROJECT FINANCING: ASSET BASED FINANCIAL ENGINEERING, Ch. 8
(2013).
TOPIC 5: SECURITISATION
• What is Securitisation?
• Purpose of Security
• The Importance of Host Country Laws
• Due Diligence Issues
• Direct Agreements
• Securitisation Structures
• Securitisation of Securitisation
86
Readings:
1. JOHN NIEHUSS, INTERNATIONAL PROJECT FINANCE IN A NUTSHELL, Chapter 14 (2015).
2. Carl S. Bjerre, Project Finance, Securitization and Consensuality, 12 DUKE J. COMP. &
INT’L L., 411.
3. JUSTICE P. B. BANERJEE, GUIDE TO SECURITIZATION, RECONSTRUCTION OF FINANCIAL
ASSETS & ENFORCEMENT OF SECURITIES INTERESTS, Chapter 3 (2003).
4. VINOD KOTHARI, SECURITIZATION ASSET RECONSTRUCTION & ENFORCEMENT OF
SECURITIES INTEREST, Chapter 1 (2010).
Lecture Plan:
Total Hours: 64
Lecture Hours: 60
Continuous Assessment: 4 Hrs
87