Shaun Star
This book draws on the many similarities between the Indian and Australian legal systems, while highlighting the vast differences in legal practice. It provides a comparative analysis of a broad range of legal subjects, authored by some of Australia`s and India`s top legal luminaries. This volume compares many of the significant areas of the respective regulatory regimes to allow the reader to understand the similarities and differences of the legal frameworks. The first section discusses the respective regulatory frameworks from a macro perspective, comparing constitutional laws, approaches to judicial interpretation and international trade and investment policies. The second section is of particular relevance to businesspeople and transactional lawyers, focusing on how mergers and acquisitions, capital markets and securities, competition law, tax and intellectual property are regulated. The third section discusses both jurisdictions` approach to dispute resolution and the fourth section of this volume focuses on environmental law, public health law, the regulation of energy and resources and corporate governance. This volume will be a useful resource for businesspeople, academics, law students, corporate lawyers and policy makers interested in India, Australia or the Australia-India relationship. Forewords by The Honourable Justice Robert French AC Chief Justice of the High Court of Australia The Honourable Justice H.L. Dattu Chief Justice of the Supreme Court of India CONTENTS SECTION 1: A BIG PICTURE PERSPECTIVE 1. Federalism A Selected Comparison Nicholas Aroney and Khagesh Gautam 2. Comparative Law and the Role of the Judiciary Douglas McDonald and Arun K. Thiruvengadam 3. Regulation of International Trade in Goods and Services Brett Williams and R.V. Anuradha 4. Regulation of Foreign Direct Investment Zeke Solomon AM and Haigreve Khaitan SECTION 2: DOMESTIC AND INTERNATIONAL COMMERCIAL TRANSACTIONS 5. Mergers and Acquisitions Emma Armson and Umakanth Varottil 6. Capital Markets and Securities Philippa Stone, Adrian Amer, Madhurima Mukherjee and Agnik Bhattacharyya 7. Competition Law-Merger Control Cyril Shroff, Nisha Kaur Uberoi, Linda Evans and Mihkel Wilding 8. Competition Law-Enforcement Conduct Prohibitions Pallavi Shroff, Elizabeth Avery and Genevieve Rahman 9. Tax Law Shreya Rao and Justin Dabner 10. Intellectual Property Natalie P. Stoianoff and T. Vidya Kumari SECTION 3: DISPUTE RESOLUTION 11. Litigation and Civil Procedure Gopal Subramanium and S. Stuart Clark AM 12. Commercial Arbitration Doug Jones AO SECTION 4: OTHER SPECIFIC AREAS OF LAW 13. Environmental Law Pushpa Kumar Lakshmanan, Alice Skipper and Brian Hayes QC 14. Public Health Law and Ethics Fiona Lander and Anand Grover 15. Corporate Governance and Independent Directors Shardul S. Shroff and Robert P. Austin 16. The Regulation of the Energy and Resources (Oil and Gas) Sector Sumanto Basu, Jyotika Khilnani Guha, Stuart MacGregor, Catherine Phillips and Patrick Cranley.
