Wednesday, September 11, 2013

Moot Court Problems on Indian Corporate Law

I have uploaded on SSRN “A Collection of Moot Court Problems on Corporate Law in India”. This contains (to begin with) 12 moot court problems that I have worked on (either individually or jointly with others) over the last 8 years or so. More background and details are contained in the preface to the document, which is set out below:

Moot court competitions form an important co-curricular activity in the lives of law students. Apart from equipping students with the skills required to prepare and argue a case before a court or tribunal, it also introduces them to various areas of law and legal issues that are contemporary in nature. By enabling teamwork, it also makes the entire process an enjoyable experience. Moot courts have gradually acquired a great deal of specialization, with competitions focusing on specific legal disciplines such as corporate law, intellectual property, taxation, constitutional law, international law and so on.

Over the last several years, I have been called upon to draft moot court problems based on corporate and commercial laws for internal selections at my alma mater, the National Law School of India University, Bangalore, and on a few occasions for national level corporate law and corporate governance moot court competitions in India (including for the NUJS-Herbert Smith Freehills National Corporate Law Moot Court Competition). Each time, I approach the task with some trepidation as it is usually daunting to draft moot court problems that come closest to real-life situations that are challenging, well-balanced and those that extract the talents of creativity and innovative thinking in young legal minds. But, the process of identifying the relevant legal issues, building suitable facts around them, and constructing controversies that enable a worthy legal battle has been a substantially rewarding experience.

The purpose of posting this collection online is to make the material available more widely to the legal academic community in India. Students may find the legal issues posed by these problems of relevance. Others who wish to steer clear of dense legal issues and rather pursue some general reading may find some of the fact situations emanating from these problems of interest as they narrate the manner in which businesses are formed and managed in India, and seek to capture the circumstances that give rise to souring relationships that result in legal disputes.

The initial collection consists of 12 moot court problems drafted and used for competitions from 2005 to 2013, but the hope is to update this collection on an ongoing basis with newer problems as they are drafted and released.

I wish to acknowledge the contribution of Mr. Ananth Padmanabhan and Mr. V. Niranjan, with whom I collaborated separately on two problems. Needless to add, each of them carried the weight of the relevant problems largely on their own with minimal contribution from me.

A couple of disclaimers are to be noted. First, some of the problems included may not be their final version, and hence may carry some typographical or other minor errors. Moreover, in several cases, clarifications have been issued based on questions from participants, which are not included in this collection. Second, these problems are intended purely to be works of fiction. Any resemblances to real persons, living or dead, or to legal persons (such as companies) or to governments or courts are purely coincidental.

I hope you enjoy reading these!

1 comment:

Saurabh Kumar said...


Would there be any support material along with these problems.

Just to understand, clarity of whether the person is thinking in the right direction