Prof. Aakanksha Kumar
October 9, 2023 2024-09-20 11:16Prof. Aakanksha Kumar
Prof. Aakanksha Kumar
Associate Professor
B.A. LL.B. (Hons.) (HNLU, Raipur);
LL.M. (National University of Singapore);
UGC-NET (December 2013);
Pursuing Ph.D. (NLU Jodhpur)
Prof. Aakanksha Kumar is an Associate Professor at JGLS and currently teaches elective courses on Comparative Celebrity Laws, Laws of IPR in International Trade and Recognition and Enforcement of Arbitral Awards, alongside instructing compulsory courses in Legal Methods and Alternative Dispute Resolution.
She earlier served as an Assistant Professor at the NALSAR University until June 2020, and has previously also served as an Assistant Professor at the Amity University Chhattisgarh from March 2018-Feb 2019 and at the National Law University, Jodhpur where she headed the Centre for Advanced Research and Training in Arbitration Law (CARTAL) and handled activities of the flagship journal – Indian Journal of Arbitration Law (IJAL). She is also currently working on completing her PhD dissertation in the area of celebrity personality rights and looking at defining the contours for a Right of Publicity regime in India.
She is an alumnus of the HNLU Raipur [2012] and secured 15 gold medals for stellar academic performance during undergraduate studies. She then graduated from the Faculty of Law, National University of Singapore, with specialized Masters in International and Comparative Law. At NUS, she completed the directed research dissertation titled “The Taking of Evidence in International Arbitration: A New Legal Regime”, supervised by Prof. Gary F. Bell. She has successfully completed the WIPO Singapore Summer School organized jointly by WIPO, IPA Singapore and IPOS in June 2013 and has worked under the tutelage of Prof. Irene Calboli as her summer research assistant on a project on sustainable development and economic value of Geographical Indications from May to July 2013. She has also worked on a research project from the NUS Law’s E W Barker Centre for Law and Business, on the UNCITRAL Model Arbitration Law adoption in Asia, as the India rapporteur with Mr. Harisankar K S. The same has been published in a conference volume book by Cambridge University Publications.
She continues to write in the areas of domestic and international arbitration, and nurtures a special interest in Intellectual Property Law; and also speaks as a guest faculty at CII and CREDAI Arbitration workshops and conferences, and conducts training workshops for police personnel on IP Infringement and piracy; as well as for HEIs on Prevention of Sexual Harassment at Workplace and the UGC Regulations on Prevention of Sexual Harassment at HEIs..
SCOPUS
- Article titled – Internet Intermediary (ISP) Liability for Contributory Copyright Infringement in USA and India: Lack of Uniformity as a Trade Barrier in Journal of Intellectual Property Rights, Volume
19, Issue 4 (pages 272- 281), July 2014.
- Article titled – Foreign arbitral awards enforcement and the public policy exception – India’s move towards becoming an arbitration-friendly jurisdiction in International Arbitration Law Review Volume: 17, Issue 3 ( Pages 76 -85) , August 2014.[Issue indexed on SCOPUS]
Non SCOPUS
- Book Chapter titled “Celebrity Domain Name Arbitration: Enforcing The Right of Publicity Through Private Dispute Resolution in India”. Chapter 13 in Alternative Dispute Resolution : Prospects and Challenges (conference volume book edited by Law Mantra Editorial Team Comprising members including Prof.(Dr.) Vijender Kumar Vice-Chancellor, MNLU Nagpur, Prof.(Dr.) Naresh Kumar Vats, Registrar, RGNUL-Punjab, Mr. Aditya Mishra, Managing Trustee, Law Mantra, Ms. Akansha Jain, Joint Secretary, Law Mantra, Mr. Kishor Kumar Mishra, President, Law Mantra and Dr. Shailendra Kumar, Trustee, Law Mantra) at pp. 134-146, published by Bharti Publications, New Delhi [ISBN 978-93-89657-173]
- Book Chapter titled – The 1985 Model Law and the 1996 Act: A Survey of the Indian Arbitration Landscape [co-authored with Harisankar K.S.] in THE UNCITRAL MODEL LAW AND ASIAN ARBITRATION LAWS: IMPLEMENTATION AND COMPARISONS (ed. Gary F. Bell, Cambridge University Press, 2018, pp. 29-68). [Result of the Conference on the UNCITRAL Model Law on International Commercial Arbitration in Asia: A research project of the E W Barker Centre for Law and Business at NUS Law School. The Final phase of the project was a presentation at NUS in May 2015. Prof Harisankar K.S. and Aakanksha Kumar were selected as Country Specific Rapporteurs and Experts for this project]
- Book Chapter titled – Settlement of International Disputes, Chapter 10 in INTRODUCTION TO PUBLIC INTERNATIONAL LAW 185-209 (ed. Shilpa Jain, Eastern Book Company, First edition, 2016)
- Article titled – Giving The Award Debtor A “Choice Of Remedies” In Domestic International Arbitrations: Should India Go The Singapore Way? [Co-authored with Kruthika Prakash] in Indian Journal of Arbitration Law (Editorial), Volume 3, Issue 2 (pages 6 – 13), December 2014
- Article titled – The Third Gender and Gender Self-Identification in India: A Review in Journal of Politics and Governance, Volume 3, Issue 4 (pages 31 – 39 ), October-December , 2014.
- Article titled – The Impact of Direct Taxes Code, 2010 on SEZs in India published in Excise Law Times, December 12, 2011 (Vol. 274: Part 2) at p. 38.
Blogs/Magazines/Editorials
- Regular contributor to the blog – ArbiterDictum (arbiterdictum.wordpress.com). Past posts include
- “Indian athlete’s persistence culminates into a landmark Court of Arbitration for Sport interim award” dated September 5, 2015
- “The Arbitration Ordinance, 2015 – Less isn’t always more. [Part I]” dated November 5, 2015
- Online Publication – The question of CCI’s jurisdiction to “modify” apartment buyers agreements -A Review of COMPAT’s DLF order in Centre of Risk Management and Derivatives [NLU Jodhpur] newsletter ‘CRMD Business Times’ for the month of August, 2014. – This article has previously been published as a livelaw blog post. Link to the same is: http://www.livelaw.in/question-ccis-jurisdiction-modify-apartment-buyers-agreements-reviewcompats-dlf-order/
- Article titled – Hart’s Theory of Adjudication published in LawZ Magazine, July 2010 (Vol. 10 No. 7 Issue 107) at p. 49.
- Article titled – Ostensible Ownership in Transfer of Property Law and Benami Transactions published in LawZ Magazine, August 2010 (Vol. 10 No. 8 Issue 108) at p.38.
Visiting Positions/Fellowships
- Visiting Faculty, Indian Institute of Technology, Jodhpur, Rajasthan, (INDIA) Jan-Apr 2015 and Jan-Apr 2016 [2 semesters] Taught several modules in the I year compulsory course titled “Rights. Responsibilities, Law and Constitution”
- Guest Faculty, MNLU Nagpur, July-August, 2021. Taught the PG Diploma [Arbitration] course in International Commercial Arbitration and India
Guest Lectures Delivered/Workshops conducted
- Invited to deliver guest lectures on commercial arbitration and choice of law concepts, at the Gujarat Maritime University, Gandhinagar, April-May, 2022
- Invited as a guest lecturer for the course on International Dispute Resolution administered for the LLM Students at Faculty of Law, Parul University, Baroda. Spoke on the topic Recognition and Enforcement of foreign arbitral awards in India on May 11, 2021.[Virtual]
- Invited as a guest lecturer for the course on Conflict of Laws, administered for the LLM (International Law) programme at DNLU, Jabalpur; and spoke at two sessions on the theme Recognition and enforcement of foreign judgements and foreign arbitral awards, in October 2020. [Virtual]
- Spoke at the panel on “Arbitrating Statutory and Regulatory Matters: What should be the outside domain of International Commercial Arbitration” as an expert panelist, and presented a paper on IPR Arbitrability and privatisation of justice delivery at the Seminar On International Transnational Litigation, “The Magic of International Arbitration” held at the Institute of Law, Nirma University, Ahmedabad on March 23-24, 2019
- Trainer at the Cell for IPR Promotion and Management (CIPAM), a professional body under the aegis of Department of Industrial Policy – 2-day workshop in collaboration with Chhattisgarh Police at the Chhattisgarh Police Academy, Chandkhuri, Raipur – for police officers, on the questions of Trademark and Counterfeiting – role of police personnel on February 12, 2019
- Invited as a guest faculty at the Workshop on Arbitration with focus on Real Estate Sector organised by Confederation of Indian Industry and The Confederation of Real Estate Developers’ Associations of India on 21 May 2015 – spoke on the topic – International Commercial Arbitration –The Singapore Success Story: Lessons to Learn and Practices to adapt
- Trainer on UGC Rules on Prevention of Sexual Harassment at Higher Educational Institutions and the UGC Anti Ragging Regulations at Amity University, Chhatisgarh [2018-2019]
- Conducted a one-day workshop on Artificial Intelligence and Intellectual Property Right: Basic Toolkit for protecting intangible IP Assets for BuddhiMed Technologies, Bengaluru (August 29, 2020)
Workshops, Courses, and FDPs completed
- Selected as part of a panel, to speak at the TMC’s Asser Institute ISLJ Conference, to be held at the Hague, October 2022, and presentinga paper titled : Inclusion of queer para-athletes in domestic and international swimming events: A critical study of Singapore’s policies and proposals for actionable reform
- Completed the GCSEL Faculty Development Programme on Sports Law, Governance and Policy, organised by GNLU Gandhinagar and Swarnim Gujarat Sports University, held via Cisco Webex, February, 2022.
- Completed the Center for International Law, National University of Singapore’s Singapore Arbitration Academy held via Zoom, June 2021.
- Completed the One Week FDP on IPR held from June 1 to 7, 2021 organised by MNLU, Nagpur [Virtual]
- Participated at the Seven Days Virtual Faculty Development Programme on Contemporary Issues in Law held from June 17-24, 2020; organized by CUSAT, Cochin
- Successfully completed the following courses organised by the MHRD IPR Chair, National Law University, Jodhpur:
- The lecture series on International Investment Arbitration Including IPR Aspects from 25th to 29th July 2016 by Mr. Kabir Duggal
- Special Lecture Series on Impact of globalization on national legal systems, resurgence of legal pluralism, law & economics of technology innovation, regulatory culture & regulatory competition from 25th August to 28th August,2016 by Prof. Jane Winn
- Participated in the “CIRC Faculty Development Programme on Competition Law” at Hotel Metropolitan, New Delhi (November 19,2013)
Paper Presentations as Participant
- Presented a paper titled Investment ‘Co-operation and Facilitation’ and Dispute ‘Prevention’: Is the new India-Brazil ICFT a wolf in sheep’s clothing? at the AsianSIL 8th Biennial Conference, organised by UNSW Canberra, Panel on the Interest Group on Investment Law – held on May 26, 2021 [co-authored with Prof Ashwin Mishra, Assitant Professor, JGLS] [Virtual]
- Participated at the Third IP & Innovation Researchers of Asia (IPIRA) Conference held from 24-27 March 2021 [Non – presenting participant] [Virtual]
- Presented a paper titled “Right of Publicity as a Fundamental Right in India: Did the apex court make a mistake in its bid to further “transformative constitutionalism”? at the NLSIU | Annual Themed Conference on Transformative Constitutionalism Exploring Ideas, and Possibilities in its Theory and Practice held at NLSIU Bengaluru on July 20-21, 2019
- Presented a paper titled “Arbitration of celebrity domain name disputes – an analysis of the role of ADR in IP dispute settlement on cyberspace” for the Seminar on Challenges and Prospects of ADR held at ILI Delhi on June 14-15, 2019
- Delivered a lecture on “Unlocking International Arbitration” at Hidayatullah National Law University, Raipur on February 9, 2019 as a part of the HNLU Alumni Lecture Series.
- Presented a paper titled “Publicity as a Fundamental Right in India: A Re-look at the privacy roots of personality protection” at the First IP & Innovation Researchers of Asia Conference, 2019 held at Kuala Lumpur on 31 January- 1 February, 2019 at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia. The Conference is organized by the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia in collaboration with the WIPO Academy, World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), Texas A&M University School of Law, and the Faculty of Law of the University of Geneva
- Participated at the half-day Workshop on Research and Teaching Methodologies on Saturday, 2 February 2019 that discussed publications (books and journal articles) and placement of scholarship in peer reviews and law reviews; at Kuala Lumpur at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia
- Presented the paper titled “The twisted saga of the jilted ex: Tackling revenge porn and privacy invasion on cyberspace in India” at the International Conference “Securing Cyber Space – Recalibrating Legal and Technological Dimensions” jointly organized by Bishop Cotton Women Christian Law College and NLSIU Bengaluru, held on May 13, 2018 at BCWCLC Bengaluru.
- Presented the paper titled “Celebrities v ‘Non’ celebrities: “Who” has the Right of Publicity protection?” at the VII Annual IP teaching Workshop 2018, held on March 24, 2018 at National Law University, Delhi.
- Participated at the CIIPC-CPIP Conference ‘Back to Basics: The Role of Property in the IP System held on March 22-23, 2018 at National Law University, Delhi.
- Presented the paper titled “Celebrity Personality and Privacy Rights Protection v. Public Right of Free Speech: Protecting Celebrity Attributes While Striking the Right Balance” at the Works-in-Progress Conference “IPScholars Asia” 2017 on 23 & 24 February 2017 at School of Law, Singapore Management University, Singapore.
- Attended and participated at the Launch Seminar of the Mumbai Centre for International Arbitration, held at Mumbai on October 8, 2016.
- Presented a paper titled “TPP, TTIP, New Model BIT and “Carve-Outs”: What do nations expect from an international investment dispute resolution system?” at the Three day International Conference on Liberalisation and Globalisation : Changing Legal Paradigm held at NLSIU Bengaluru between 14th and 16th July, 2016.
- Participated as a Speaker and presented the paper titled “Anti-Arbitration Injunctions as a roadblock in the “Asian age of Arbitration”, at the 5th Biennial Conference of the Asian Society of International Law, Bangkok, Thailand on November 26-27, 2015
- Attended the SIAC India Conference at The Leela Palace, New Delhi, on 05 September, 2015.
- Presented a paper titled – “To Veto or Not To Veto? – The Perceived Impracticability of the Proposed NJAC” at the National Conference on Constitutional Appointments: Vignettes and Vicissitudes to be held at the School of Law, Christ University, Bengaluru, from January 13-14, 2015.
- Participated in the Two-Day “International Conference on International Law and Intellectual Property Laws” at Indian Society of International Law, New Delhi; organised jointly by ISIL and Faculty of Law, University of Delhi (March 22-23, 2014)
- Participated in the 2nd ASSOCHAM International Conference on “Competition Law – Challenges in the implementation” at Hotel The Leela, Chanakyapuri, New Delhi (March 8, 2014)
Presentations as invited Panelist
- Invited as Panelist and Speaker at the national symposium on Intellectual Property Rights at Symbiosis Law School, Hyderabad, held in September 2020, on the theme “Changing Dynamics of Intellectual Property for Development” [Virtual]. Delivered a talk on the theme: Geographical Indication protection as a tool for upliftment of handloom weavers in India: A suggestion for a sustainable use model . Also chaired a technical session on Business and IPR.
- Panelist and Guest Speaker at the Seminar on International Intellectual Property Law Regime held at Institute of Law, Nirma University, Ahmedabad on February 28, 2020. Presented a paper on “Parallel Imports and Exhaustion under Trademarks Law in India”
- Presented the paper titled “DRM provisions in US FTAs and concerns for India post (in spite of) the 2012 Amendment” as a panelist at the Conference of Copyright and Technology held on April 8-9,2017, organized by DIPP Chair on IPR and National Law University, Jodhpur.
- Chaired the panel session on “Technology Protection Measures and Digital Rights Management” at the Conference of Copyright and Technology held on April 8-9,2017, organized by DIPP Chair on IPR and National Law University, Jodhpur.
- Chaired the First NLU Jodhpur Panel Discussion on Antitrust Law, 2016 held on March 11, 2016; on the theme “Tying, Market Power and Procompetitive Justifications”.
- Presented a paper titled – “Foreign Arbitral Awards Enforcement and the Public Policy Exception: India’s Move towards becoming an arbitration friendly jurisdiction” at the 43rd Annual Conference of the ISIL held on April 11-12, 2014. Was also a member on the Panel for the session on Private International Law.
Conferences/Workshops/Lectures -Organised
- Coordinated and Organised several guest lectures and Seminars for the CADR, JGLS for Fall 2021, in collaboration with THAC [Thailand International Arbitration Center] and Arbitral Women, THAC, HKIAC@45, etc.
- Coordinated the administration of the Elective Course on 1958 New York Convention in Action taught by Prof Marike Paulsson at the Jindal Global Law School, Fall 2021.
- Organised and co-ordinated the following events for the Center for Alternative Dispute Resolution, JGLS, Spring 2021
- CADR Guest Lecture Series 2021 – Lecture 1 – Ms. Sonali Mathur, AZB and Partner, Mumbai, on the theme – The Muddy Waters of the “Interim” : Awards, Orders and Emergency Arbitration, held on February 20, 2021
- CADR Guest Lecture Series 2021 – Lecture 2 – Mr. Sahil Kanuga, Co-Head, International Disputes and Investigations, NDS Mumbai, on the theme Rethinking Dispute Resolution : Unlearning Perceptions and Advisory Strategy Building, held on February 23, 2021.
- CADR Guest Lecture Series 2021 – Lecture 3 – Mr. Promod Nair, Arista Chambers, on the Reforming Investor-State Dispute Settlement – held on March 19, 2021
- CADR Guest Lecture Series 2021 – Lecture 4 – Mr. Gourab Banerji, Sr Advocate, SC – on the theme Execution of Foreign Arbitral Awards held on March 20, 2021, d
- CADR Guest Lecture Series 2021 – Lecture 6 – Prof. Joel Lee, NUS Law, on the theme Cultural Competency in Mediation, held on April 6, 2021 [Event Supported by the Singapore International Mediation Institute, SIMI]
- CADR Teachers’ Training 2021 – Prof Joel Lee, NUS – Teaching Effective Mediation Skills – held on April 13, 2021 [Event Supported by the Singapore International Mediation Institute, SIMI]
- CADR Panel Discussions 2021– Panel Discussion 1 – Arbitration Careers – Institutional Arbitration and Government Advisory – Prof Ashwin Mishra [JGLS, CADR] as moderator, Panelists – Piyush Prasad, Counsel, SIAC and Manini Brar [Formerly with ICC and SIAC], Now Consultant (Legal) at Investment Division, Ministry of Finance, Government of India], held on April 17, 2021
- CADR Guest Lecture Series 2021 – Lecture 7 – Prof Franco Ferrari, NYU, on the theme Relevance of Seat in International Commercial Arbitration, held on April 19, 2021
- CADR Panel Discussions 2021 – Panel Discussion 3 – Taking Evidence and Evidentiary Standards in International Arbitration – Prof. Aakanksha Kumar [JGLS, CADR] as moderator, Prof. Kabir Duggal, Columbia Law and Ms. Rekha Rangachari, New York International Arbitration Centre, held on April 26, 2021
- CADR Guest Lecture Series 2021 – Lecture 9 – Prof Dr Prabhash Ranjan, SAU, on 11 May 2021 on the theme “ISDS and Taxation : Insights from Cairn Energy v India”
- Office of Career Services and CADR Webinar on Virtual Dispute Resolution – Advocacy, Benefits and Challenges by Mr. Ankoosh Mehta, Partner, Cyril Amarchand Mangaldas, Mumbai on May 15, 2021.
- Successfully contributed as the Organising Secretary (Out-station) in the planning and conduct of the NCW -funded Seminar on Cyber Crime against Women: Prevention and Mitigation held at Amity Law School, Amity University, Chhattisgarh March 28-29, 2019.
- Successfully organised the 1st International Arbitration Conference on Arbitration at the Crossroads, as the Executive Director of CARTAL [Centre for Advanced Research and Training in Arbitration Law], NLU Jodhpur [October 2016], sponsored by Baker and McKenzie, USA.
- Faculty Coordinator for the 2nd ITMU Law School National Moot Court Competition, March 2014
The published Book Chapter titled – The 1985 Model Law and the 1996 Act: A Survey of the Indian Arbitration Landscape [co-authored with Harisankar K.S.] in THE UNCITRAL MODEL LAW AND ASIAN ARBITRATION LAWS: IMPLEMENTATION AND COMPARISONS (ed. Gary F. Bell, Cambridge University Press, 2018, pp. 29-68), was the result of the Conference on the UNCITRAL Model Law on International Commercial Arbitration in Asia: A research project of the E W Barker Centre for Law and Business at NUS Law School. The Final phase of the project was a presentation at NUS in May 2015, fully supported and funded by the EW Barker Center for Law and Business, NUS Law. Prof Harisankar K.S. and Aakanksha Kumar were selected as Country Specific Rapporteurs and Experts for this project
- Compulsory Courses, JGLS [Current]
- Legal Methods [Undergraduate Semester 1]
- Alternative Dispute Resolution [Undergraduate, Year III]
- Elective Courses, JGLS [Current]
- Comparative Celebrity Laws: Personality, Publicity and Free Speech [LLM IPR Specialisation, Undergraduate elective]
- Laws of IPR in International Trade [Undergraduate IPR-Trade elective]
- Recognition, Enforcement and Execution of Arbitral Awards [JGLS Blended Learning LLM in DR – Specialisation]
- Maharashtra National Law University, Nagpur [2021]
- PG Diploma course – International Commercial Arbitration and India
- NALSAR Hyderabad [2019-2020]
- Legal Methods in Semester I, BALLB(Hons)
- Comparative Celebrity Laws: Personality, Publicity and Free Speech – 1 Year LLM Elective
- Laws of IPR in International Trade in Semester VIII, X and LLM Elective
- Constitutional Law II in Semester VI, BALLB(Hons)
- Taught classes at the contact Seminar Classes for P.G.Diploma in Patents Law Programme offered in Distance mode at NALSAR, on IP Law & Legal Remedies and International Treaties – WIPO/ Paris Convention/ Berne Convention/ MADRID /Budapest
- Amity University, Chhattisgarh [2018-2019]
- Law of Arbitration and ADR in Semester VII BALLB(Hons) and BBALLB(Hons)
- Law of Torts in Semester VI – BALLB(Hons) and BBALLB(Hons)
- Public International Law in Semester VII BALLB(Hons) and BBALLB(Hons)
- Research Methodology and Legal Writing in LLM Semester I
- Minor Track course Semester V students of BBA, BCom and BA(J&MC) –Legislation Themes in Human Rights [Regional Human Rights Systems and Indian legislations]
- Minor Track course – Semester IV students of BBA, BCom and BA(J&MC) – Specific Themes in Human Rights
- NLU Jodhpur [2014-2017]
- Compulsory Clinical Course in Law of Arbitration and ADR in Year V
- International Commercial Arbitration to Year V and LLM [International Trade Law Specialisation/Honours cohorts]
- Foundation courses Constitutional Governance I & II , Undergraduate Year I
- Laws of IPR in International Trade to Years IV, [International Trade Law Specialisation/Honours cohorts]
- Northcap University, Gurugram [2013-2014]
- Comparative Competition Law and Policy [Undergraduate, Year IV]
- Arbitration and ADR [Undergraduate, Year IV]
- Private International Law [Undergraduate, Year III]
- Competition Law [LLM, Year II]
- IIT, Jodhpur [2015 – 2016]
- I year compulsory course titled Rights. Responsibilities, Law and Constitution
- Reviewer/Referee for Indian Law Review [May-June 2021 – SCOPUS Indexed Journal]
- Invited to participate at the first meeting of private and institutional stakeholders by the Trade Policy Division, Department of Commerce, Ministry of Commerce and Industry, on a proposed National Institute for Promotion of Arbitration [NIPA], held in New Delhi at the Udyog Bhawan on November 8, 2016.
- Faculty Advisor, Indian Journal of Arbitration Law [CARTAL, NLU Jodhpur – July 2014- May 2017] [Indexed on Hein Online and Kluwer Arbitration]