Malcolm Katrak

Malcolm Katrak

Assistant Professor

B.L.S. LL.B. (University of Mumbai);

LL.M. (Erasmus University, Rotterdam; University of Hamburg);

M.Sc. (IGIDR, Mumbai)

Malcolm Katrak is currently an Assistant Professor at the Jindal Global Law School. After graduating from the University of Mumbai, Malcolm worked as an arbitration clerk to Justice (Retd.) S.N.Variava, Former Judge, Supreme Court of India. While working as an arbitration clerk, Malcolm gained an invaluable insight into the intricacies of the dispute resolution process. After completing his clerkship, Malcolm pursued the European Master in Law and Economics (EMLE). He received the prestigious J. N. Tata Scholarship, the Pirojsha Godrej Foundation Scholarship and the Erasmus+ Mobility Grant to finance his enrolment for the same. At the conclusion of the program, he received a joint LL.M. from Erasmus University, Rotterdam and University of Hamburg as well as a M.Sc. in Law and Economics from the Indira Gandhi Institute of Development Research, Mumbai.

He has published and presented papers in several fora of repute such as National Law School of India University’s (NLSIU) Seminar on Enforcement Trends of Arbitral Awards, National Law University, Jodhpur’s Law Review, etc. Additionally, he has written on various topical issues pertaining to international economic law in blogs and bulletins such as the Columbia Journal of Transnational Law (Bulletin) and the European Federation for Investment Law and Arbitration Blog. His primary research interests include arbitration, law and economics, international investment law and the law of contracts.

Journal Articles

  1. India’s Jumbled Public Policy Jurisprudence: Stretch, Demarcate and ‘Saw (Pipes)’, 3 GNLU JOURNAL OF LAW & ECONOMICS (2021)
  2. Refouling Rohingyas: The Supreme Court of India’s uneasy engagement with international law, 7 (2) JOURNAL OF LIBERTY AND INTERNATIONAL AFFAIRS (2021)
  3. Balancing religion and COVID-19 in India: A Secular State’s Response to a Divided Society’s Needs, 10 (1) SECULARISM AND NON-RELIGION (2021)
  4. Battle of the Bar and the Bench: Critical analysis of the powers of the High Court and the State Bar Councils under the Advocates Act, 1961, 5 AMITY GLOBAL JOURNAL OF LAW, MANAGEMENT & SOCIAL SCIENCES (2019)
  5. Curbing Free Speech: Strategic Lawsuits against Public Participation in India, 7 (1) CHRIST UNIVERSITY LAW JOURNAL (2018)
  6. Kosovo’s Pursuit of International Recognition: Football Association of Serbia v. UEFA, 5 (1) NLUJ LAW REVIEW 1 (2018)
  7. Descent based discrimination in the Parsi Community: Widening the Ambit of Article 17 of the Constitution, 2 (2) NLUO HUMAN RIGHTS LAW JOURNAL (2018)
  8. India’s WTO Woes: A Concern for the Developing World at Large, 2 (1) HNLU STUDENT BAR JOURNAL 1 (2017)
  9. Paralysing Small Investors Under the Guise of Melioration: A Critical Analysis of SEBI ICDR Fifth and Seventh Amendment Notifications, 3 (2) RGNUL FINANCIAL & MERCANTILE LAW REVIEW 91 (2016)
  10. Access and Benefit Sharing of Indigenous People from the Convention on Biological Diversity to the Nagoya Protocol, 4 CNLU LAW JOURNAL 147 (2014)

 

BOOK CHAPTERS

  1. The Role of Language Prediction Models in Contractual Interpretation: The Challenges and Future Prospects of GPT-3, in LEGAL ANALYTICS: THE FUTURE OF ANALYTICS IN LEGAL (CRC Press, Routledge, Forthcoming)
  2. Factoring in trust in the Alliance for Multilateralism, in INTERNATIONAL SEMINAR ON THE STATE AND THE INSTITUTIONS: INSTITUTIONAL DIALOGUES AND POLICIES FOR PANDEMIC TIMES (Universidade Federal Fluminense, Brazil, 2021)
  3. Kingdom of Lesotho v. Swissbourgh Diamond Mine (Pty.) Limited: A de-novo approach towards domestic jurisdiction in investor-state disputes, in ARBIT-PRAXI: ARBITRATION PROCESS AND PRACTICE (DSNLU, Visakhapatnam, India, 2018)

 

Conference Papers

  1. An Unbalanced Equation: Facial Recognition Technology Outweigh Privacy Concerns? Erasmus University and Jean Monnet Centre of Excellence on Digital Governance’s conference on AI and Human Rights: Friend or Foe, Erasmus University, Netherlands (2021)
  1. Moving beyond cockroaches and rats: The idea of comic book contracts, Leicester Law School’s Post Graduate Research Conference, Leicester Law School, United Kingdom (2021)
  1. India’s People-Public-Private Partnership Model: Taking the Trust Leap and Beyond, 13th Annual McGill Graduate Law Conference & Dean Maxwell and Isle Cohen Seminar on International Law, McGill University, Canada (2020)
  1. Trust in the Alliance: Does Multilateralism Matter during the COVID-19 Pandemic. I Seminário Internacional sobre Estado e Instituições, Grupo de Pesquisa em Estado, Instituições e Análise Econômica do Direito and Universidade Federal Fluminense, Brazil (2020)
  1. Disputes Seeking Declaration of Title in Immovable Property: Arbitrability of Rights in Personam arising from Rights in Rem Contextualised, International Seminar on Enforcement Trends of Arbitral Awards, NLSIU, Bengaluru (2018)
  1. Consultants in the Indian Mining Sector: Unravelling the Legal, Financial and Practical Facets, NUJS National Seminar on Charting Contours of Mining Law Regime (2018)
  1. Investment and Environment: A Hazardous combination for Sustainable Development, 1st Amity Conference on Legal Dimensions of Environment (2017)
  1. The International Trade Law Regime at Loggerheads with Sustainable Development and Sound Environmentalism, National Seminar on Renewable Energy, Sustainable Development and Consumer Protection organised by RGNUL-Patiala in association with the Indian Council for Social Science Research (2017)
  1. Research Publication Award, Jindal Global Law School (2021)
  1. N. Tata Scholarship for the Higher Education of Indians (2018)
  1. Erasmus + Grant (2018)
  2. Pirojsha Godrej Foundation Scholarship (2018)
  1. Law of Contracts
  1. Conflict of Laws
  1. Law and Economics
  2. Law and Religion