Lectures and Seminars

Virtual Discourse with James d’Apice, Special Counsel, Chamberlains (Law Firm, Australia) and A/Prof. Umakanth Varottil, Associate Professor, Faculty of Law- National University of Singapore.

On 6th March 2021, a virtual discourse on ‘Action by Minority Shareholders and the Rules in Foss v. Harbottle (1843) 2 Hare 461’ was conducted in collaboration with Jindal Global Law School. Through a comparative approach on corporate oppression and mismanagement between Australia and India, the virtual discourse focused on the relevance of Foss v. Harbottle (1843) 2 Hare 461 and its exceptions in a contemporary setting. While both jurisdictions noted similarities in legislative embodiment of legal rules flowing from the case, there were discernible differences in adoption of its exceptions. Australia provided relief to minority shareholders through statutory derivative actions, on the other hand, India relied on common law in the form of representative suits as a potential recourse. However, representative suits were found to have a wide scope and in the absence of clear specific rules on derivative actions left judges with a high discretionary power to decide cases by applying common law. The virtual discourse left its mark by initiating discussion in an area that gained limited attention from policymakers, lawyers, and other stakeholders.

The virtual discourse can be accessed through the link: https://youtu.be/PfbRqNVCL7Y