LIJDLR

Volume IV Issue II

REPEAT APPOINTMENTS AND THE RISK OF BIAS IN ARBITRATION

Volume IV Issue II /

REPEAT APPOINTMENTS AND THE RISK OF BIAS IN ARBITRATION Shruti Dyodia, LL.M (ADR), 2nd Semester, Student at O.P Jindal Global University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.232 This study examines the increasingly significant issue of repeat or consecutive appointments of arbitrators in commercial arbitration and analyses whether such appointments create actual or perceived bias capable of undermining the principles of independence and impartiality. The research focuses primarily on the Indian legal framework governing arbitrator appointments and challenges, while undertaking a comparative examination of the approaches adopted in Singapore, Hong Kong, and Paris under leading institutional arbitration regimes. Employing a combined doctrinal and empirical methodology, the study analyses statutory provisions, judicial decisions, institutional rules, published appointment patterns, and arbitrator challenge outcomes. The empirical assessment demonstrates that appointments remain concentrated among a relatively small group of experienced arbitrators, whereas successful challenges based on alleged bias remain consistently rare across major arbitral institutions. These findings indicate that repeat appointments, although not constituting evidence of actual bias by themselves, may nevertheless generate structural risks affecting public confidence in arbitral neutrality. The study argues that existing disclosure-based safeguards are insufficient to address these concerns comprehensively. It therefore proposes reforms including strengthened and continuous disclosure obligations, enhanced institutional scrutiny of appointments, diversification of the arbitrator pool, and limitations on unilateral appointment mechanisms. The paper’s principal contribution lies in integrating doctrinal analysis with comparative and empirical evidence to demonstrate that preserving party autonomy must be balanced with institutional safeguards that reinforce transparency, impartiality, and confidence in contemporary arbitration, particularly within the evolving Indian arbitration framework.

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PERSONALITY RIGHTS AND CELEBRITY RIGHTS IN ADVERTISING AND BRANDING

Volume IV Issue II /

PERSONALITY RIGHTS AND CELEBRITY RIGHTS IN ADVERTISING AND BRANDING Ishita Mittal, LL.M, 2nd Semester, Student at Department of Laws, Panjab University, Chandigarh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.231 Springing up as hot-burning legal trend in India, publicity or personality rights of celebrities are contributing to the development of Indian entertainment law, thereby arsing the requirement for legal scholars and academics to study the implications of these peculiar rights. The two-fold Personality rights mainly comprise: Right to privacy and Publicity rights. Publicity rights traced back to common law jurisdictions and arose in response to the presence and influence of the motion pictures industry. Primarily derived from the right of privacy, publicity rights in India have arisen as a sui generis regime due to the astonishing rate of unauthorized usage of the various aspects of the celebrity persona, including those of celebrated actors such as Amitabh Bachchan and Rajnikanth, whose appearance or likeness have been unduly exploited for commercial gains by advertisers and brands alike. Unfortunately, the current Indian intellectual property regime seems insufficiently equipped to deal with this issue and its consequences. Judicial decisions in this area have been sporadic, leading towards the need to develop more lucid statutory language for enforcing this right and possibly, a distinct regime of publicity rights. This paper seeks to examine the growth of personality rights of celebrities as an emerging specialized right in India. The paper is divided into three parts. Part I of the paper discusses the origin and evolution of personality rights through international cases and judicial decisions. Part II discusses and analysis Indian cases and judicial decisions that have enforced personality rights. Part III discusses other statutory provisions dealing with personality rights such as copyright, trademark and related legislations in India. This paper concludes with possible suggestions as a way forward through a comparative analysis of the experience in different jurisdictions, with the hope of finding a suitable solution to India’s unique legal, social and cultural scenario.

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SHIELDING THE VOTE OR CLOAKING CORRUPTION? A DOCTRINAL CRITIQUE OF LEGISLATIVE PRIVILEGE POST-SITA SOREN

Volume IV Issue II /

SHIELDING THE VOTE OR CLOAKING CORRUPTION? A DOCTRINAL CRITIQUE OF LEGISLATIVE PRIVILEGE POST-SITA SOREN Swabhiman Swarup, B.A. LLB, 7th Semester, Student at National Law University Odisha (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.230 This is a landmark decision in “Sita Soren v. Union of India (2024) 5 SCC 629,” which has introduced a historic paradigm shift in constitutional jurisprudence and has completely up-ended the twenty-six-year-old precedent set in “P.V. Narasimha Rao v. State (1998)”. This judicial loophole in the Indian Constitution has been created by the interpretation of Articles 105(2) and 194(2) for more than two decades, which granted absolute immunity to legislators who took bribes provided that they do their part under the corrupt bargain in the House. The case comment delivers detailed doctrinal analysis of the unanimous judgment of the 7- judge Constitution Bench, which essentially separated legislative privilege from criminal malfeasance. This paper looks at the ratio decidendi and explains how the Court shifted the nature of bribery to be a complete and independent offence in “Prevention of Corruption Act, 1988,” which occurs when an undue advantage is accepted, without any relation to the later enactment. Moreover, this comment challenges the Court’s development of a rigid ‘two-fold functional test’ for parliamentary immunity, and its conscious rejection of antiquated British Westminster practices. In the end, the paper argues that Sita Soren has reestablished institutional morality and systemic probity in India’s representative democracy and has dealt with the possible future conflicts with parallel jurisdiction between judicial proceedings and legislative restrictions on privilege.

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NEED FOR A NATIONAL FORENSIC SCIENCE POLICY IN INDIA

Volume IV Issue II /

NEED FOR A NATIONAL FORENSIC SCIENCE POLICY IN INDIA Joel James J, LL.M, 4th Semester, Student at Tamil Nadu Dr. Ambedkar Law University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.229 The use of forensic science has become increasingly important in criminal investigations because it helps investigators rely on scientific findings rather than depending entirely on witness statements or confessions. As crime has become more complex with the growth of technology, cyber offences, organised criminal activities, and sophisticated methods of committing offences, the need for scientific investigation has grown significantly. Forensic evidence today plays an important role in identifying offenders, establishing facts, supporting prosecutions, and ensuring that innocent people are not wrongly implicated. In recent years, India has taken several steps to strengthen the use of forensic science within the criminal justice system. However, despite these developments, the forensic framework in the country continues to face a number of practical and institutional challenges. Many forensic laboratories experience heavy workloads, delays in issuing reports, shortage of trained personnel, and lack of modern infrastructure. Differences in facilities and standards across States have also created uneven levels of forensic support in criminal investigations. Although various laws, institutions, and investigative agencies make use of forensic science, there is still no comprehensive national policy that provides a clear and uniform direction for the development and regulation of forensic services throughout the country. This article examines the need for a National Forensic Science Policy in India and argues that such a policy has become necessary for strengthening scientific investigation and improving the effectiveness of criminal justice administration. The study analyses the present forensic science framework, identifies the major issues affecting forensic services, and discusses the consequences of these shortcomings for criminal investigations and court proceedings. It further explores how national policy can help establish uniform standards, improve infrastructure, promote professional training, encourage technological advancement, and strengthen coordination among different institutions involved in the criminal justice process. The article concludes that a comprehensive National Forensic Science Policy can play an important role in improving the reliability, efficiency, and credibility of scientific investigation in India.

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AN ANALYTICAL STUDY ON CORPORATE LAW AND GOVERNANCE IN THE MODERN BUSINESS ENVIRONMENT

Volume IV Issue II /

AN ANALYTICAL STUDY ON CORPORATE LAW AND GOVERNANCE IN THE MODERN BUSINESS ENVIRONMENT Divyansha Sharma, BBA LLB (H), 8th Semester, Student at Amity University Ranchi, Jharkhand (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.228 This paper discusses the profound effect of the nature and evolving trends of corporate law and governance. In this paper, the author has tackled fundamental notions of corporate law, corporate governance, and their interrelation, then proceeded to discuss conventional governance frameworks and their shortcomings. The main intent behind this study is to offer an in-depth analysis of the prevailing critical issues influencing corporate governance systems and their position and requirements in today’s globalized economy, while proposing flexible strategies for ensuring transparency, accountability, and sustainable business practices. The paper explores the manner in which corporate governance operates as a multifaceted regulatory framework that safeguards stakeholder interests, promotes fair business conduct, and sustains market confidence. Moreover, a distinction is made between governance models in different jurisdictions, highlighting the contrasts between shareholder-centric and stakeholder-inclusive approaches, as well as the shift towards integrated ESG (Environmental, Social, and Governance) considerations. Through definitions, case studies, and critical analysis, the paper examines contemporary challenges such as corporate fraud, insider trading, boardroom conflicts, misuse of corporate resources, and regulatory non-compliance. It further investigates the role of predictive regulatory analytics, whistleblower protection mechanisms, and digital transparency tools in strengthening corporate oversight. The paper also addresses issues of regulatory arbitrage, cross-border compliance complexities, and the tension between profit maximization and ethical conduct. Additionally, it presents real-world examples of corporate scandals and reforms that have shaped governance norms, underscoring the importance of robust corporate law frameworks. Overall, the study highlights the necessity of understanding these developments to formulate effective governance strategies through international cooperation, legal reforms, ethical corporate culture, and technological innovations in compliance monitoring.

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WHY DO WHITE-COLLAR CRIMINALS ESCAPE PUNISHMENT? ENFORCEMENT GAPS IN INDIA

Volume IV Issue II /

WHY DO WHITE-COLLAR CRIMINALS ESCAPE PUNISHMENT? ENFORCEMENT GAPS IN INDIA Joel James J, LL.M, 4th Semester, Student at Tamil Nadu Dr. Ambedkar Law University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.227 White-collar crime has emerged as one of the most challenging forms of deviance in modern society because it is often committed by individuals who occupy positions of economic, political, or professional influence. Unlike conventional crimes, these offences are usually carried out through business transactions, financial dealings, corporate activities, or abuse of official authority. Although such crimes can cause significant economic losses and undermine public confidence in institutions, many offenders avoid meaningful punishment. This situation raises important concerns about the effectiveness of enforcement mechanisms and the ability of the legal system to hold powerful individuals accountable. This article examines why whitecollar criminals frequently escape punishment in India by focusing on the enforcement gaps that exist within the legal and regulatory framework. It explores the concept and evolution of white-collar crime and analyses its connection with elite class deviance. The study further examines factors such as political influence, economic power, regulatory weaknesses, investigative limitations, corporate complexity, and delays in prosecution that often make enforcement difficult. Particular attention is given to the role of regulatory institutions and enforcement agencies in addressing economic offences and corporate misconduct. The article argues that the problem is not merely the existence of white-collar crime but the unequal manner in which accountability is enforced. While ordinary offenders are often subjected to swift legal consequences, influential individuals and corporate actors may benefit from structural advantages that reduce the likelihood of conviction. The study also highlights the broader legal and social consequences of such enforcement failures, including economic harm, weakened public trust, and challenges to the rule of law. Finally, it suggests reforms aimed at strengthening institutional independence, improving investigations, enhancing corporate accountability, and ensuring that the criminal justice system responds more effectively to offences committed by powerful members of society.

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FORENSIC INFRASTRUCTURE DEFICIT AND DELAY IN CRIMINAL TRIALS: A POLICY ANALYSIS

Volume IV Issue II /

FORENSIC INFRASTRUCTURE DEFICIT AND DELAY IN CRIMINAL TRIALS: A POLICY ANALYSIS Jenimettilda J, LL.M, 4th Semester, Student at Tamil Nadu Dr. Ambedkar Law University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.226 Forensic science has become an important part of criminal investigation in recent years. Courts and investigating agencies increasingly rely on scientific evidence such as DNA analysis, fingerprints, toxicology reports, and digital evidence to establish facts and determine responsibility. The growing use of scientific methods has improved the quality of criminal investigations and reduced excessive dependence on confessions and witness testimony alone. At the same time, the success of scientific investigation depends on the availability of strong forensic institutions capable of examining evidence quickly and accurately. Although India has expanded its forensic facilities over the years, several practical difficulties continue to affect the system. Many forensic laboratories are required to handle a large number of cases with limited resources. Delays in examinations, shortage of trained experts, uneven distribution of forensic facilities, and inadequate technological support often slow down the process of investigation. As a result, forensic reports are not always available within a reasonable time, creating difficulties for investigating officers, prosecutors, courts, victims, and accused people. This article examines how weaknesses in forensic infrastructure contribute to delays in criminal trials in India. It studies the existing forensic framework, identifies the major institutional and infrastructural shortcomings affecting forensic services, and analyses the impact of these deficiencies on the criminal justice process. The article argues that delays in criminal trials cannot be viewed only as a judicial problem because they are also linked to the capacity of forensic institutions that support investigations. It further highlights the need for policy measures aimed at strengthening laboratory facilities, increasing professional capacity, improving coordination among institutions, and reducing delays in forensic examination. Strengthening forensic infrastructure is essential not only for effective investigation but also for ensuring timely justice and maintaining public confidence in the criminal justice system.

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AI, CREDIBILITY, AND EVIDENCE IN ASYLUM LAW: DIALECT RECOGNITION, TRANSCRIPT SUMMARISATION, DOCUMENT ANALYSIS, AND COUNTRY-OF-ORIGIN RESEARCH

Volume IV Issue II /

AI, CREDIBILITY, AND EVIDENCE IN ASYLUM LAW: DIALECT RECOGNITION, TRANSCRIPT SUMMARISATION, DOCUMENT ANALYSIS, AND COUNTRY-OF-ORIGIN RESEARCH Rajeev Meena, LL.M. (Business Law), University of California, Davis School of Law, California, USA. Advocate enrolled with the Bar Council of Rajasthan, India. Legal Researcher and AI Legal Evaluation Specialist focusing on the intersection of Law, Artificial Intelligence, Intellectual Property, and Legal Education Download Manuscript doi.org/10.70183/lijdlr.2026.v04.225 Artificial intelligence is increasingly entering refugee status determination through tools such as dialect recognition, name transliteration, speech transcription, transcript summarisation, document analysis, country-of-origin research, and case matching. These tools are often presented as instruments of efficiency, consistency, and administrative support. Yet, in asylum law, they operate within a field where proof is already fragile and credibility is often decisive. Applicants may flee without documents, lose evidence during displacement, face trauma-related memory gaps, or remain unable to obtain corroboration from unsafe States. In such conditions, AI-shaped evidence may not merely assist decision-makers. It may silently influence how truth, identity, origin, and risk are understood. This paper examines the legal reliability standard that should govern AI-assisted evidence in asylum adjudication. It argues that technical accuracy alone cannot justify evidentiary reliance. Asylum decisions require legal trustworthiness, which must include explainability, traceability, data quality, contestability, human oversight, and protection against sole or decisive reliance on automated outputs. The paper analyses the doctrinal foundation of credibility assessment, the benefit of doubt principle, evidentiary vulnerability of asylum seekers, and the risks of administrative over-reliance on technical tools. It further evaluates the EU AI Act, especially its classification of asylum-related AI systems as high-risk, and considers its relationship with asylum law safeguards, non-refoulement, individual assessment, and the right to an effective remedy. The paper concludes that AI may assist asylum decision-making, but it must never replace human legal judgment. In refugee protection, technology must remain subordinate to fairness, reasons, and the duty to protect people from persecution and serious harm.

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THE EU AI ACT AND THE RIGHT TO ASYLUM: ARE “HIGH-RISK” SAFEGUARDS ENOUGH FOR ASYLUM, VISA, AND RESIDENCE DECISIONS?

Volume IV Issue II /

THE EU AI ACT AND THE RIGHT TO ASYLUM: ARE “HIGH-RISK” SAFEGUARDS ENOUGH FOR ASYLUM, VISA, AND RESIDENCE DECISIONS? Prabin Acharya, Advocate licensed to practice in Nepal Legal Researcher and Immigration Law Professional; LL.M., University of California, Davis School of Law (2025) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.224 This paper examines whether the EU AI Act’s “high-risk” framework adequately protects the right to asylum when artificial intelligence assists asylum, visa, and residence decisions. It situates AI within EU migration governance, where automated screening, document analysis, risk indicators, country-of-origin research, and credibility tools may influence access to protection before a human officer gives reasons. The paper argues that the AI Act marks an important regulatory advance because it expressly classifies several migration, asylum, and border-control AI systems as high-risk and subjects them to duties of risk management, data governance, transparency, human oversight, accuracy, and fundamental rights assessment. Yet these safeguards remain incomplete if they operate only as technical compliance standards. Asylum law demands individualised assessment, meaningful reasons, effective remedy, and strict respect for non-refoulement under the EU Charter, the Refugee Convention, and the Common European Asylum System. The paper further contends that opacity, automation bias, weak disclosure, and predictive profiling may convert AI assistance into disguised determinative decision-making. It therefore proposes a rights-centred model requiring notice, explainability, independent audit, case-file traceability, and stronger limits on AI tools that affect credibility, evidence reliability, or removal outcomes. Its central claim is that technology must remain subordinate to protection and due process.

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REGULATORY CAPTURE IN INDIA: WHEN REGULATORS SERVE THE ELITE

Volume IV Issue II /

REGULATORY CAPTURE IN INDIA: WHEN REGULATORS SERVE THE ELITE Jenimettilda J, LL.M, 4th Semester, Student at Tamil Nadu Dr. Ambedkar Law University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.223 Regulatory bodies play an important role in modern governance because they are responsible for overseeing industries, enforcing legal standards, and ensuring that economic activities are carried out in a fair and accountable manner. In India, several independent regulatory institutions have been established in sectors such as telecommunications, banking, securities markets, environmental protection, competition law, and natural resources. These bodies are expected to function impartially and strike a balance between economic development and public welfare. However, concerns have increasingly been raised about regulatory capture, a situation in which regulators become influenced by the very groups they are meant to regulate. When this happens, regulatory decisions may begin to favour powerful corporations, influential business interests, or political actors rather than the interests of the wider public. This article examines the idea of regulatory capture in the Indian context and explores the ways in which elite influence can affect regulatory decision-making. It discusses the development of the concept and its relevance in contemporary regulatory governance. The study further analyses how regulatory capture may arise in important sectors such as telecommunications, environmental administration, financial regulation, and natural resource management. It argues that regulatory capture should be viewed as a form of elite class deviance because it allows powerful groups to secure advantages through institutional influence while often remaining beyond direct legal scrutiny. The article also highlights the wider consequences of regulatory capture, including reduced public trust, weakened accountability, distorted market conditions, and challenges to democratic governance. In light of these concerns, the study suggests a number of reforms aimed at improving transparency, strengthening institutional independence, enhancing accountability, and encouraging greater public participation in regulatory processes. Such measures are necessary to ensure that regulatory institutions continue to serve the public interest and remain resistant to undue influence from powerful elite groups.

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