एमपी। राम मोहन

Area

Primary Area : रणनीति

Contact

Email : mprmohan@iima.ac.in

Phone : +91-79-7152 4956

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 for MBA & ePGP)
Corporate Insolvency and Bankruptcy (elective for MBA)
Business and Professional Negligence (elective for MBA and ePGP)
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

Academic Experience

Associate Professor: Strategy Area, Indian Institute of Management Ahmedabad, Since 2017

Associate Professor: Department of Policy Studies, TERI University , 2015-2017

Research Faculty: Centre for Law, Technology and Development, National University of Juridical Sciences (NUJS), Kolkata , 2001-2003

Professional Experience

Chairperson (PGP & FABM Admissions), IIMA, 2020- to date

Convenor (Common Admisssion Test (CAT), IIMA, 2021

Co-Chair: (Institutional Review Board), IIMA, 2019-to date

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

Executive Committee Member: (Financial Aid & Awards Committee), IIMA, 2020- to date

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, 2

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, 8

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

Selected Publications

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

Section 29A of India’s Insolvency and Bankruptcy Code: An Instance of Hard Cases Making Bad Law? Journal of Corporate Law Studies (SSRN link)

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

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

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

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

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

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

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

Apartment Buyers as Financial Creditors: Pushing the Conceptual Limits of the Indian Insolvency Regime, Columbia Journal of Asian Law, Vol 33 No 2 (2020) [M P Ram Mohan & Vishakha Raj]

An exploration of public risk perception and governmental engagement of nuclear energy in India, The Journal of Public Affairs, https://doi.org/10.1002/pa.2086

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

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

The doctrine of frustration under section 56 of the Indian Contract Act, Indian Law Review

Hydraulic fracturing and groundwater contamination in India: evaluating the need for precautionary action, Journal of Energy & Natural Resources Law

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

Nuclear Energy Safety, Regulatory Independence, and Judicial Deference: The Case of the Atomic Energy Regulatory Board of India, Administration & Society

'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, , https://doi.org/10.1093/slr/hmy007

'Constitution, Supreme Court and Regulation of Coal Sector in India', NUJS Law Review, Volume 11 Issue 1

‘Legal and policy challenges towards monitoring of air quality and data dissemination across India', Commentary, Economic Political Weekly, Vol. 52, Issue No. 41

Constitutional mandate and judicial initiatives influencing WASH programmes in India, Journal of Water, Sanitation and Hygiene for Development

Nuclear Energy Safety: A Year in Review, The Yearbook of International Environmental Law, Oxford University Press

Public Hearings in Environmental Clearance Process: Review of Judicial Intervention, The Economic and Political Weekly, Vol. 51, Issue No. 50

An exploratory analysis of occupational accidents and risks from nuclear reactors in India, Safety Science, Vol. 78, pp - 155–162

The Supreme Court of India and Inter-State water dispute: an analysis of the judgements on Mullaperiyar Dam, Water Policy, Vol. 17 Issu. 6, pp 1003-1018

Nuclear energy and risk assessment by Indian courts: analysis of judicial intervention in the Kudankulam Nuclear Power Project, Journal of Risk Research, vol 18, issu 8, pp 1051-1069

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

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

Biofuels Law in Asia- Instruments for Energy Access and Security, Environmental Protection and Rural Empowerment, Asian Biotechnology and Development Review, Vol.6, No 2, Pp 51 – 75

Books

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

(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

(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

Articles

The role of insolvency tests: implications for Indian insolvency law, Indian Law Review [SSRN link]

Cases

Automobile recall and liability: Katzer Motors Private Limited

Corporate Criminal Liability in India

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

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

Working Papers & Projects

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

Stigma, Corporate Insolvency, and Law: International Practices and Lessons for India [May 2022]

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

Insolvency set offs in India: A comparative perspective [June 2021]

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]

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

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

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

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

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

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]