Alliance Journal of Corporate and Commercial Law (AJCCL)

Volume 3, Issue 1, December 2025

  e-ISSN No.: 2584-2463  


Editorial

The 2025 volume of the Alliance Journal of Corporate and Commercial Law appears at a moment when corporate law is being tested simultaneously by market volatility, technological acceleration, and demands for social and environmental accountability. Insolvency jurisprudence after the Insolvency and Bankruptcy Code, 2016, evolving norms on ESG and climate risk, and the governance of data and AI-driven business models together define a new agenda for both scholars and practitioners

The articles in this issue engage critically with these shifts from multiple vantage points. Several papers interrogate the design and operation of India's insolvency framework, including the treatment of predatory resolution plans, the role and regulation of insolvency professionals, the interaction between IBC outcomes and tax law, and the constitutional status of mineral royalties after MADA v. SAIL. Together, they illustrate how insolvency law has moved from being a specialist regime to a central arena in which questions of competition, public revenue, and federalism are contested.

A second cluster of contributions interrogates the expanding remit of corporate governance in the era of climate change and ESG-driven investment. The article on corporate governance and climate change maps the dense network of company law, environmental regulation, and soft-law standards that now frame board-level responsibility for environmental risk, while the piece on judicial protection of workers' constitutional rights underscores the labour and social foundations on which any credible sustainability agenda must rest. These papers collectively suggest that governance debates can no longer be confined to shareholder value and financial metrics, but must integrate climate resilience, social protection, and regulatory legitimacy

Technological change forms the third major theme of this volume. Contributions on corporate consciousness in the digital age, algorithmic accountability in corporate decision-making, and frontier issues in AI, neurotechnology, greenwashing, and cybersecurity explore how data-driven tools are reshaping internal decision structures, risk management, and regulatory expectations. The case analysis of GLAS Trust Company V. Byju Raveendran & Others further demonstrates how cross-border finance, platform-based business models, and insolvency procedure can collide, raising complex questions about the limits of inherent powers, the collective nature of CIRP, and the protection of dissenting creditors.

The editorial team notes with appreciation the breadth of participation in this issue. Doctoral researchers, early-career academics, and senior practitioners contribute alongside undergraduate and postgraduate students from a wide spectrum of Indian and foreign institutions. The accepted manuscripts were selected following a competitive response to the call for papers and a rigorous double-blind review process overseen by the Alliance Centre for Corporate and Commercial Laws. Reviewers were asked to assess submissions on originality, methodological soundness, doctrinal accuracy, and practical relevance, and a number of promising manuscripts were revised substantially in response to detailed feedback before being accepted.

Two features of this issue merit particular mention. First, the journal continues to encourage carefully crafted case notes and case analyses as a distinct category, reflected in the dedicated section on landmark decisions such as MADA v. SAIL and GLAS Trust Company v. Byju Raveendran & Others. These contributions serve an important bridging function between appellate judgments and classroom or boardroom understanding, clarifying complex reasoning and drawing out implications for practice.

Second, the issue strengthens its engagement with comparative and cross-border perspectives, whether in the study of EU and Indian approaches to insolvency professionals, the analysis of international trade dynamics under changing U.S. tariff policy, or the discussion of global AI regulatory developments in the context of Indian corporate law.

Looking ahead, the journal will continue to welcome scholarship that interrogates corporate and commercial law through interdisciplinary and empirical lenses, and that situates Indian developments within wider regional and global debates. The Editorial Board is especially keen to support work that examines under-researched sectors, emerging market practices, and the experiences of stakeholders, consumers, minority investors, and communities—who are often peripheral to boardroom and courtroom narratives.

The Editorial Board expresses gratitude to all authors who submitted manuscripts, including those whose work could not be accommodated in this issue but contributed to the vibrancy of the review process. Appreciation is also due to the anonymous reviewers, student editors, and administrative staff of the Alliance School of Law for their meticulous efforts in screening, editing, and production. It is hoped that this volume will serve not only as a record of current debates in corporate and commercial law, but also as a foundation for future research, policy reform, and informed professional practice.

Dr. V Shyam Kishore
Editor-In-Chief
Professor & Associate Dean (Academic Affairs),
Dean, Alliance School of Law, Alliance University

Words of Expert

Contract negotiation is an art! Each contract negotiation brings in a new experience and perspective. Whether you are a fresher or a seasoned lawyer, there is always room to improve. In terms of the ground rules, we are all aware – build rapport, act ethically and communicate clearly. Business savvy lawyers realize that success is what is best for a particular situation, with a particular risk level, at a particular time. They start every negotiation armed with knowledge – understanding leadership's risk appetite, stakeholders' desired outcomes and a view on what matters to the counterparty. The point of contract negotiation is not to see who has the flowery language or most exhaustive clauses. Top negotiators are very clear in terms of what they want and know what an illusion is. Risk mitigation, inconsistencies and redundancies must all be well addressed. A negotiator's goal is to execute the agreement quickly without jeopardizing the client's interests. The practice creates a repeatable, rational routine. Once the negotiator becomes aware of what is required and the negotiating chips at hand, it becomes easier. Strategies, points, strengths/ weaknesses etc. all fall in place. As they say, after years of experience and expertise, trust your gut!

While contracts often get more attention than the people who create them, the latter brings those agreements to life. Due diligence plays a vital role in any contract negotiation. New things can scare people, but familiarity breeds comfort and confidence. Also, keeping your cool is as important as the negotiation itself. Stress, trauma, and fear do not usually have happy endings in a negotiation and upsets the equilibrium. The best negotiators do not fall into “us vs. them” battles. Finally, most in-house lawyers are burdened with contracts review. So, they rely on technology such as automation and AI for drafting, reviewing, negotiating, and executing contracts. Key is to understand which technology suits best, effective, practical, and economical. While there are many more practical suggestions available, the abovementioned points are the most crucial and practical from a contract negotiation perspective. I hope AJCCL focuses on providing all the updates and filling the information gaps in the areas of Corporate and Commercial Laws. All the very best!

Ms. Smitha Chandrashekar
Legal Director, HARMAN International

Contents

THE ROLE OF ENVIRONMENTAL, SOCIAL, AND GOVERNANCE (ESG) FACTORS IN CORPORATE GOVERNANCE AND INVESTMENT DECISIONS
Aditi Sharma
POWERING INDIA'S ELECTRIC VEHICLE TRANSITION: A POLICY AND REGULATORY ANALYSIS OF TARIFF DISTORTION, GRID IMBALANCE, AND REGULATORY LIMITS IN THE ABSENCE OF A COHERENT POLICY FRAMEWORK FOR SUSTAINABLE MARKET ACCESS
Divya Sood, Nishita Das
IMPACT OF INSOLVENCY AND BANKRUPTCY CODE, 2016 ON PERSONAL INSOLVENCY IN INDIA
Alka Aravind
REDEFINING ABUSE OF DOMINANCE IN DIGITAL ERA: A FOCUS ON EMERGING MARKETS
Himanshi Yadav
CONTEMPORARY JUDICIAL PERSPECTIVES ON E-CONTRACTS
Krishnapriya P
CORPORATE GOVERNANCE AND CLIMATE CHANGE: A STUDY OF THE INDIAN LEGAL AND INSTITUTIONAL FRAMEWORK
Vidjealatchoumy V & Lina Acca Mathew
REGULATING PREDATORY RESOLUTION PLANS: A COMPETITION LAW PERSPECTIVE ON INDIA'S INSOLVENCY FRAMEWORK
Pranesh M
A COMPARATIVE STUDY OF INSOLVENCY PROFESSIONALS UNDER INDIA'S INSOLVENCY AND BANKRUPTCY CODE, 2016 AND THE EUROPEAN UNION'S INSOLVENCY REGULATION: LEGAL, ETHICAL AND CROSS BORDER PERSPECTIVE
Preethi Rajan Mathai
A COMPARATIVE ANALYSIS OF CORPORATE FRAUDS IN THE UNITED STATES, EUROPE AND INDIA: EXAMINING THE ROLES OF MANAGEMENT AND AUDITORS
Rinita Das
SUSTAINABILITY AND GLOBAL BUSINESS: THE ROLE OF MULTINATIONAL CORPORATIONS
Sarthak Mishra & Priyanshi Tembhre
UNDERSTANDING THE ROLE OF INSTITUTIONAL INVESTORS WITH RESPECT TO THE STEWARDSHIP CODE OF 2019 - A STUDY OF NEED, RELEVANCE, EFFECTIVENESS OF THE CODE IN THE CONTEXT OF INDIAN MUTUAL FUNDS
Shivani Ambastha & Shayantika Roy
WOMEN'S LABOUR RIGHTS IN INDIA: EVOLUTION, JUDICIAL SAFEGUARDS, AND POLICY PERSPECTIVES
Santosh Kumar Shukla
CONSTITUTIONAL STATUS OF MINERAL ROYALTY: LESSONS FROM MINERAL AREA DEVELOPMENT AUTHORITY (MADA) V. STEEL AUTHORITY OF INDIA LTD. (SAIL)
M.G. Kodandaram
JUDICIAL ACTIVISM AS A SAFEGUARD FOR THE CONSTITUTIONAL RIGHTS OF WORKERS
Senali Umeshkumar Trivedi
REVISITING INHERITANCE TAX IN INDIA: INTERGENERATIONAL EQUITY, FEASIBILITY, AND POLICY LIMITS
Vaishnavi Bhardwaj
CORPORATE CONSCIOUSNESS IN THE DIGITAL AGE: FROM COGNITIVE PARADIGMS TO ARTIFICIAL INTELLIGENCE DRIVEN GOVERNANCE
Atullya Tripathi
CORPORATE GOVERNANCE AT THE FRONTIERS: ARTIFICIAL INTELLIGENCE, NEUROTECHNOLOGY, ENVIRONMENTAL SOCIAL GOVERNANCE GREENWASHING, AND CYBERSECURITY IN THE AGE OF CLIMATE ACCOUNTABILITY
Yashasivi Mishra
THE CLEAN SLATE, THE TAX QUANDARY: RECONCILING THE INSOLVENCY AND BANKRUPTCY CODE WITH SECTION 41(1) OF THE INCOME TAX ACT, 1961
Parth Gupta
DUE DILIGENCE FAILURES IN MERGERS & ACQUISITIONS: LESSONS FROM HIGH PROFILE CORPORATE COLLAPSES
Simran Choudhary & Ankisha Vandana
CASE ANALYSIS: GLAS TRUST COMPANY v. BYJU RAVEENDRAN AND OTHERS
Josna Maria George & Muhammad Fayaz V. A
AJCCL 2025 Cover

Editorial

  • Patron
  • Mr. Abhay G. Chebbi
    Pro-Chancellor
    Alliance University, Bengaluru
  • Patron-in-Chief
  • Dr. B. Priestly Shan
    Vice-Chancellor
    Alliance University, Bengaluru
  • Editor-in-Chief
  • Dr. V. Shyam Kishore
    Dean, Alliance School of Law
    Associate Dean (Academic Affairs), Alliance University

Editorial Advisory Board

  • Adv. (Dr.) Swapnil Bangali
    Faculty and Director for the
    Center for Information Communication Technology and Law
    Maharashtra National Law University, Mumbai
  • Adv. Hiran Krishnasamy
    Practicing Advocate,
    Qualified Chartered Accountant, and a Certified Fraud Examiner
    Director with Interran Foodtech Llp, Bengaluru
  • Thaj Mathew
    Vice President and General Counsel
    Honeywell
  • Anil P M
    Legal and Chief Compliance Officer
    Bajaj Allianz Life Insurance Company Limited
  • Dr. Jeet Singh Mann
    Associate Professor
    National Law University, Delhi

Managing Editors

  • Dr. Sujith Surendran P
    Professor, Member Secretary - ACCL
    Alliance School of Law, Alliance University

Editors

  • Dr. Prakash Kanive
    Professor, Alliance School of Law
    Alliance University
  • Dr. T Jayashree
    Associate Professor, Alliance School of Law
    Alliance University, Bengaluru, India
  • Ms. Ankita Kapoor
    Assistant Professor, Alliance School of Law
    Alliance University, Bengaluru, India
  • Ms. Isabella Jose
    Assistant Professor, Alliance School of Law
    Alliance University, Bengaluru, India
  • Mr. Nikhil A S
    Assistant Professor, Alliance School of Law
    Alliance University
  • Mr. Rahul Shaw
    Assistant Professor, Alliance School of Law
    Alliance University, Bengaluru, India
  • Mr. Shashank Kumar
    Assistant Professor, Alliance School of Law
    Alliance University, Bengaluru, India
  • Ms. Aishani Chakraborty
    Assistant Professor, Alliance School of Law
    Alliance University, Bengaluru, India