Prof. M P Ram Mohan

Strategy

Educational Qualifications

  • 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

Academic Affiliation

Associate Professor: Business Policy Area
Indian Institute of Management Ahmedabad (since April 2017)
 

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

 

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

Work Affiliation

Regulatory and Governance Division:
TERI, New Delhi (2004-2012)

 

Advocate: Trivandrum District Court, Kerala (1997-1999)

Professional Affiliation

  • Member: Nuclear Energy for Peaceful Applications Standards Setting Committee, Bureau of Indian Standards, Government of India (2012- to date)
  • President: Nuclear Law Association, India (2012-to date)
  • Contributor on Nuclear Energy Safety, Yearbook of International Environmental Law, Oxford University Press (2006-to date)
  • India Correspondent, Nuclear Law Bulletin, OECD-Nuclear Energy Agency (2012-to date)
  • India Focal Point: IUCN World Commission on Environmental Law (2008-to date)

 

Teaching

 

  • Legal Aspects of Business (Core course for MBA & ePGP)
  • Business Negligence, Liability and Law (electives for MBA and ePGP)
  • Law in Management of Business, Markets and Resources (Ph.D Course)

 

Cases

 

  • Automobile recall and liability: Katzer Motors Private Limited [Details]
  • Corporate Criminal Liability in India [Details]
  • Criminal Negligence and Director's Liability Under Indian Penal Code: The case of Bhopal Gas Tragedy [Details]
  • Statutory Auditors and Professional Negligence in India: The Case of Price Waterhouse v. SEBI [Details]

 

Area of Research

 

  • Commerical and Business Law
  • Studies on Judiciary
  • Law, Strategy and Organizations
  • Business and Professional negligence
  • Energy and Infrastructure law
  • Restatement of Indian Contract Law

 

Publications

2021

  1. Compensation for Environmental Damage: Progressively Casting a Wider Net, But What’s the Catch? Vanderbilt Journal of Transnational Law, Vol. 53, No. 4.
  2. Pre-packaged insolvency regulation: what can India learn from the United Kingdom and the United States?, 29, American Bankruptcy Institute Law Review, Summer 2021.
  3. Auditors’ Negligence and Professional Misconduct in India: A Struggle for a Consistent Legal Standard, Columbia Journal of Asia Law, Vol. 34, No. 2.
  4. Exclusion Clauses under the Indian Contract Law: A Need to Account for Unreasonableness, NUJS Law Review, Volume 13, Issue 4.

 

2020

  1. 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
  2. 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]
  3. An exploration of public risk perception and governmental engagement of nuclear energy in IndiaThe Journal of Public Affairshttps://doi.org/10.1002/pa.2086
  4. Right of Recourse Claims Based on Latent Defects in the Nuclear Energy Sector in India: Brace Yourself for Fact-Intensive DisputesUniversity of Pennsylvania Asian Law Review, Vol 15, Iss 2
  5. Law of Restitution for Unjust Enrichment in IndiaLloyd's Maritime and Commercial Law Quarterly, [2020] L.M.C.L.Q. 104
  6. The doctrine of frustration under section 56 of the Indian Contract Act, Indian Law Review

 

2019

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

  2. Nuclear Energy Safety, Regulatory Independence, and Judicial Deference: The Case of the Atomic Energy Regulatory Board of IndiaAdministration & Society

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

 

2018

  1. '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

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

 

2017

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

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

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

 

​2016- 2006

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

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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

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

  2. 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)

 

Book Chapters

1. (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

2. (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

3. (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

Working Papers

  1. Exploring Gender Perceptions of Nuclear Energy in India [November 2021]
  2. Intellectual Property Licenses in Cross Border Insolvency: Lessons from In Re Qimonda [November 2021]
  3. Right to Research and Copyright Law: From Photocopying to Shadow Libraries [September 2021]
  4. Tracing Director Liability Framework During Borderline Insolvency and Corporate Failure in India [August 2021]
  5. Treatment of Intellectual Property License in Insolvency: Analysing Indian law in comparison with the US and UK [August 2021]
  6. Section 29A of India's Insolvency and Bankruptcy Code: An Instance of Hard Cases Making Bad Law?   [July 2021]
  7. Insolvency set offs in India: A comparative perspective [June 2021]
  8. The Role of Insolvency Tests: Implications for Indian Insolvency Law [April 2021]
  9. Doctrinal Conflict in Foreign Investment Regulation in India: NTT Docomo vs. Tata Sons and the Case for “Downside Protection”, IIM Ahmedabad Working Paper No. 02-01 (2021) & Columbia Law School Public Law Research Paper No. 14-686 (2021).
  10. Public perception of courts in India: unmeasured gap between the justice system and its beneficiaries, [Nov 2020] 
  11. 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]
  12. Pre-packs in the Indian Insolvency Regime [August 2020]
  13. Compensation for environmental damage: progressively casting a wider net, but what’s the catch? [June 2020]
  14. Merger control for IRPs: Do acquisitions of distressed firms warrant competition scrutiny?[May 2020] 
  15. ‘Allottees' as financial creditors: pushing the conceptual limits of the Indian insolvency regime [November 2019; Published in May 2020 by Columbia University journal]
  16. 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]

 

Staging Enabled