Alliance Journal of Corporate and Commercial Law (AJCCL)
Volume 1, Issue 1, 2023
e-ISSN No.: 2584-2463
Editorial
The “Alliance Journal of Corporate and Commercial Law (AJCCL)” is an initiative from Alliance Centre for Corporate and Commercial Law (ACCL), Alliance School of Law, Alliance University, Bengaluru. It is a double-blind peer-reviewed intra-collegiate Journal which provides open access to scholars, learners, practitioners, Judges and practicing attorneys and academicians by facilitating the growth of collective interests in the Corporate and Commercial Law domain. The AJCCL-2023 issue having e-ISSN number [xxxx xxxx] which addresses many legal realms to produce conducive research output and plays a significant role in legal research.
Its goal is to publish quality research papers on the theoretical foundations of Corporate and Commercial law as well as the development of practical approaches for their implementation and application in diverse areas of Corporate and Commercial law. The publication will also provide information to individuals seeking recent updates on contemporary research, and various prospects around Corporate and Commercial Law.
The main objective of this Journal is to disseminate new knowledge and legal advancements to everyone in the legal arena, thereby providing an open forum for the publication of high-quality original research articles in the contemporary legal issues around Corporate and Commercial Law. It examines existing and emerging legal issues as well as the laws as a tool of social transformation that governs them to see as to how they are evolving to fit the present situation.
The Hon'ble Pro-Chancellor and Editorial Advisory Board need special thanks for their support and guidance. The Peer Review Panel deserves special applause for their constant assistance and reviewing the articles on time. We thank our valued scholarly contributors for their intellectual contributions to the Journal. We would also want to thank our Editorial Board members for their critical input in making this edition possible. We are also grateful to those who have contributed to the ublication of this Journal.
To ensure the Journal's future endeavor, we would want to invite more contributions from academics and research scholars.
Dr. V Shyam Kishore
Editor-In-Chief, Interim Dean
Alliance School of Law, Alliance University, Bengaluru
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
| EVOLUTION OF CORPORATE GOVERNANCE IN INDIA –
ISSUES AND CHALLENGES Prof. (Dr.) Maruthi T. R, Mahantesh G S |
| COUNTRY OF ORIGIN OF REFURBISHED GOODS IN INTERNATIONAL TRADE Siddartha Bhatt |
| AN OVERVIEW ON THE CONCEPT OF
CORPORATE SOCIAL RESPONSIBILITY Dr. N.D. Gowda, Pradeep. K.N. |
| RECENT DEVELOPMENTS ON CORPORATE
SOCIAL RESPONSIBILITY Dr. Mahantesh B Madiwalar |
| AN ANALYSIS OF THE INTERFACE OF CORPORATE GOVERNANCE AND COMPETITION LAW IN INDIA - WITH SPECIFIC REGARDS TO INTERLOCKING DIRECTORS Samanwita Mishra |
| IMPORTANCE OF INDEPENDENT DIRECTORS IN CORPORATE GOVERNANCE: ENSURING ACCOUNTABILITY AND TRANSPARENCY Pawan Yadav |
| THE LIABILITIES OF INTERNET INTERMEDIARIES
FOR CYBERCRIMES Abhinav Gupta |
| A COMPARATIVE CROSS-JURISDICTIONAL STUDY OF LAWS
ON CORPORATE CRIMINAL LIABILITY Mohd Abdul Sabur Khan |
| COMBATING CARTELS IN INDIA Neelanjan Barat |
| MERGERS AND ACQUISITIONS – AN INTROSPECTIVE ANALYSIS ON THE EXTERNAL INTERFERENCE ON IT IN INDIA Gaurav Jonnagadla |
