Faculty & Research

M.P. Ram Mohan

Area

Primary Area : Strategy

Contact

Email : mprmohan@iima.ac.in

Secretary : Hena Nair

Phone : +91-79-7152 7914

Education

Ph.D, Indian Institute of Technology, Kharagpur

MPhil, National University of Juridical Sciences, Kolkata

LL.M, University of Wales, Aberystwyth

BAL, LL.B, Mangalore University

Teaching

  • Legal Aspects of Business (Core course)
  • Corporate Insolvency and Bankruptcy (elective)
  • Business and Professional Negligence (elective)
  • Law in Management of Business, Markets and Resources (PhD course)
  • Research Methods in Strategy (PhD core course)

Research Area

Insolvency and Bankruptcy, and Companies Law

Restatement of Indian Contract Law

Business and Professional negligence

Law, Strategy and Organizations

Trade Marks

Academic Experience

Professor: Strategy Area, Indian Institute of Management Ahmedabad

Associate Professor: Strategy Area, Indian Institute of Management Ahmedabad

Professional Experience

Chairperson: MBA Admissions, IIMA, 2020- 2023

Convener: Common Admission Test (CAT) 2021

Member: Institutional Review Board, IIMA, 2019-2023

Member: Research Guidance Group, Insolvency and Bankruptcy Board of India, 2021-to date

Executive Committee Member: Financial Aid & Awards Committee, IIMA, 2020- 2023

Affiliate Researcher: The Centre for Peace, Hiroshima University, 2019-to date

Chairperson: IIMA Intellectual Property Policy Drafting Committee, IIMA

Member: Misra Centre for Financial Markets and Economy, IIMA

Advocate, Trivandrum District Court, Kerala, 1997-2001

Visiting Faculty, Nalanda University, India

Member: (Ashank Desai Centre for Leadership and Organisational Development), IIMA

Executive Committee Member: (Committee for Managing Gender Issues (CMGI), IIMA, 2019-2021

Regulatory and Governance Division, TERI, New Delhi, 2003-2015

Invited Visiting Fellow (Faculty of Science & Technology), Bournemouth University, 2020-to date

Advisory Member: (Centre for Insolvency and Financial Laws), National Law University, Mumbai

Nominee Member: (Nuclear Energy for Peaceful Applications Standards Setting Committee), Bureau of Indian Standards, Government of India , 2012- date

Member: (Board of Studies), KIIT School of Law, Orissa

President: (Governing Board), Nuclear Law Association, India, 2011-to date

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Journals

In Pursuit of Balance: Vicarious Liability Doctrine in the United Kingdom and India, The Hofstra Labor & Employment Law Journal, Vol 40, No. 2, (Spring 2023)

Treatment of Intellectual Property Licenses in Bankruptcy, American Bankruptcy Institute Law Review, Vol 31, (Summer 2023)

Moving the mountain: Stigma removal, strategic industry, and the Indian civilian nuclear industry, International Social Science Journal, (2023)

Taxing Intellectual Property Assets on a Cross-Border Transaction: Application of 'Mobilia Sequuntur Personam' and the Case of the India–Mauritius Tax Treaty, British Tax Review, Issue 1, (2023) BTR_Issue_1_Offprint_Mohan_Gupta - Copy_0.pdf

Litigating Barbie: Trade Mark Infringement, Parody and Free Speech, Delaware Journal of Corporate Law, Vol. 47 No. 1 (2023)

Director Liability Framework During Borderline Insolvency and Corporate Failure in India, The University of Pennsylvania Asian Law Review, Vol 18, Iss 1 (2023)

Mutation of The Trademark Doctrine: Analysing Actionable Use to Reconcile Brand Identities with Constitutional Safeguards, National Law School Business Law Review (2023 -advance article)

Doctrinal Conflict in Foreign Investment Regulation in India: ​​NTT Docomo vs. Tata Sons and the Case for “Downside Protection”, University of Pennsylvania Journal of International Law, Vol. 43, Iss. 3 (2022)

Intellectual Property licenses in cross-border insolvency: Lessons from In Re Qimonda, Hastings Business Law Journal, Volume 18, Number 2 (Summer 2022)

Right to Research and Copyright Law: From Photocopying to Shadow Libraries, NYU Journal of Intellectual Property & Entertainment Law, VoL 11, No. 3, (Spring 2022)

Section 29A of India’s Insolvency and Bankruptcy Code: An Instance of Hard Cases Making Bad Law? Journal of Corporate Law Studies, Vol 22, Iss 1 (2022)

The role of insolvency tests: implications for Indian insolvency law, Indian Law Review, Vol 6, Iss 3 (2022)

Exclusion Clauses under the Indian Contract Law: A Need to Account for Unreasonableness, NUJS Law Review, Volume 13, Issue 4. (2021)

Auditors’ Negligence and Professional Misconduct in India: A Struggle for a Consistent Legal Standard, Columbia Journal of Asia Law, Vol. 34, No. 2. (2021)

Pre-packaged insolvency regulation: what can India learn from the United Kingdom and the United States?, 29, American Bankruptcy Institute Law Review, (Summer 2021)

Compensation for Environmental Damage: Progressively Casting a Wider Net, But What’s the Catch? Vanderbilt Journal of Transnational Law, Vol. 53, No. 4. (2021)

The doctrine of frustration under section 56 of the Indian Contract Act, Indian Law Review, Vol 4, Iss 1 (2020)

Law of Restitution for Unjust Enrichment in India, Lloyd's Maritime and Commercial Law Quarterly, [2020] L.M.C.L.Q. 104

Right of Recourse Claims Based on Latent Defects in the Nuclear Energy Sector in India: Brace Yourself for Fact-Intensive Disputes, University of Pennsylvania Asian Law Review, Vol 15, Iss 2 (2020)

An exploration of public risk perception and governmental engagement of nuclear energy in India, The Journal of Public Affairs, Vol 20, Iss 3 (2020)

Apartment Buyers as Financial Creditors: Pushing the Conceptual Limits of the Indian Insolvency Regime, Columbia Journal of Asian Law, Vol 33 No 2 (2020)

Which Interpretational Route Will the Supreme Court of India Follow When Faced with the Contentious Civil Liability for Nuclear Damage Act, 2010?, Statute Law Review, Vol 40 Iss 3 (2019)

'Medical Negligence and Law: Application of Bolam and Bolitho Rules in India', Economic and Political Weekly, Vo. 54, Iss 42 (2019)

Nuclear Energy Safety, Regulatory Independence, and Judicial Deference: The Case of the Atomic Energy Regulatory Board of India, Administration & Society, Vol 52, Iss 7 (2019)

Hydraulic fracturing and groundwater contamination in India: evaluating the need for precautionary action, Journal of Energy & Natural Resources Law, Vol 38, Iss 1 (2019)

Constitution, Supreme Court and Regulation of Coal Sector in India', NUJS Law Review, Vol 11 Iss 1 (2018)

Public Hearings in Environmental Clearance Process: Review of Judicial Intervention, The Economic and Political Weekly, Vol. 51, Iss 50 (2017)

Constitutional mandate and judicial initiatives influencing WASH programmes in India, Journal of Water, Sanitation and Hygiene for Development, Vol 7, Iss 4 (2017)

Legal and policy challenges towards monitoring of air quality and data dissemination across India, Commentary, Economic Political Weekly, Vol. 52, Iss 41 (2017)

Nuclear energy and risk assessment by Indian courts: analysis of judicial intervention in the Kudankulam Nuclear Power Project, Journal of Risk Research, Vol 18, Iss 8 (2015)

The Supreme Court of India and Inter-State water dispute: an analysis of the judgements on Mullaperiyar Dam, Water Policy, Vol. 17 Iss. 6 (2015)

An exploratory analysis of occupational accidents and risks from nuclear reactors in India, Safety Science, Vol. 78, (2015)

Nuclear liability law in India. An appraisal of extent of liability, right of recourse and transboundary application, Journal of Risk Research, Vol 17, Iss 1 (2014)

A Nuclear Liability Framework for South Asia: Formation of South Asia Association for Regional Cooperation (SAARC) Nuclear Risk Community, International Journal of Nuclear Law, Vol. 4 No 1 (2013)

Biofuels Law in Asia- Instruments for Energy Access and Security, Environmental Protection and Rural Empowerment, Asian Biotechnology and Development Review, Vol. 8 No. 2 (2006)

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Books

(2018), 'Indian Civil Nuclear Liability Law (CNLD Act): An Adventurism or Exceptionalism in International Legal Discourse', in Locating India in the Contemporary International Legal Order (eds) Srinivas Burra & Rajesh Babu, Springer

Tyson R. Smith & M.P. Ram Mohan (2018), 'Handbook on Nuclear Regulatory Framework in India', Eastern Book Company

(2017), Liability and Regulatory Aspects of Nuclear Energy Promotion in South Asia, In Janardhanan, N & others. eds. Resurgence of Nuclear Power Challenges and Opportunities for Asia, Springer

M P Ram Mohan (2015), Nuclear Energy and Liability in South Asia: Institutions, Legal Frameworks and Risk Assessment within SAARC, Springer (http://www.springer.com/in/book/9788132223429)

(2011), "Land Acquisition Act, 1894- Historical overview of judicial interpretation" in, Development induced Displacement - Rehabilitation and Resettlement in India. Current Issues and Challenges, Book edited by Sakarama Somayaji and Smrithi Talwar, Routledge South Asia Series, PP 13-22

Cases

Statutory Auditors and Professional Negligence in India: The Case of Price Waterhouse v. SEBI

Criminal Negligence and Director's Liability Under Indian Penal Code: The case of Bhopal Gas Tragedy

Corporate Criminal Liability in India

Automobile recall and liability: Katzer Motors Private Limited

Chapters

Is Insurance a Solution to Address Environmental Considerations in Insolvency? A Conceptual Exploration, INSOL Yearbook 2023 INSOL_Europe_2023_Yearbook_Chapter.pdf

Lessons from Pre-Packaged Insolvency Cases in India: A Long Road Ahead, IBC: Evolution, Learnings and Innovation, IBBI (2023) Pre-Packs_IBBI_Annual Publication_2023.pdf

Contours of Intellectual Property License During Insolvency, IBC: Idea, Impressions and Implementation, IBBI (2022) Countours of IP_IBC_Annual Publication_2022.pdf

Entrepreneurship and Insolvency: Why Rules of Exit Matter, Quinquennial of Insolvency and Bankruptcy Code 2016, IBB1 (2021)

Working Papers & Projects

Report of Study on Effectiveness of the Resolution Process: Firm Outcomes in the Post-IBC Period (August 2023)

Disciplining Orders Under the National Financial Reporting Authority Framework: Stepping into a Strict Liability Regime [May 2023]

Tests to Determine Employer-Employee Relationships in India: Looking towards the Future? [April 2023]

Environmental Claims under Indian Insolvency Law: Concepts and Challenges [February 2023]

In Pursuit of Balance: Vicarious Liability Doctrine in the United Kingdom and in India [Dec 2022]

Litigating Barbie: Trade Mark Infringement, Parody and Free Speech [July 2022]

India’s Progressive Environmental Case Law: A Worthy Roadmap for Global Climate Change Litigation, [September 2022]

The Role of Insolvency Tests: Implications for Indian Insolvency Law [April 2021]

Section 29A of India's Insolvency and Bankruptcy Code: An Instance of Hard Cases Making Bad Law? [July 2021]

Treatment of Intellectual Property License in Insolvency: Analysing Indian law in comparison with the US and UK [August 2021]

Tracing Director Liability Framework During Borderline Insolvency and Corporate Failure in India [August 2021]

Intellectual Property Licenses in Cross Border Insolvency: Lessons from In Re Qimonda [November 2021]

Exploring Gender Perceptions of Nuclear Energy in India [November 2021]

Merger Control for ResolutionPlans: Do Acquisitions of Distressed Firms Warrant Competition Scrutiny? Insolvency and Bankruptcy Regime in India - A Narrative, Insolvency and Bankruptcy Board of India Annual Publication

Treatment of Intellectual Property License in Insolvency: Analysing Indian law in comparison with the US and UK, Forthcoming in-American Bankruptcy Institute Law Review. Summer Issue (2023)

Merger control for IRPs: Do acquisitions of distressed firms warrant competition scrutiny?[May 2020]

Compensation for environmental damage: progressively casting a wider net, but what’s the catch? [June 2020]

Pre-packs in the Indian Insolvency Regime [August 2020]

Auditors’ negligence and professional misconduct in India: a struggle for a consistent legal standard [September 2020; Published in May 2021 by Columbia Asia Law journal]

Public perception of courts in India: unmeasured gap between the justice system and its beneficiaries, [Nov 2020]

Right of recourse claims based on latent defects in the nuclear energy sector in India: brace yourself for fact-intensive disputes [May 2019; Published by The University of Pennsylvania in 2020]

‘Allottees' as financial creditors: pushing the conceptual limits of the Indian insolvency regime [November 2019; Published in May 2020 by Columbia University journal]

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