The Herbert Smith Freehills India Essay Competition, organized in partnership with the National Law School of India Review, offers undergraduate law students a premier platform to present rigorous scholarship on corporate law and commercial arbitration. Winning entries receive cash awards, national recognition, and potential publication in the prestigious law journal.
Overview and Institutional Partnership of the Competition
The essay competition represents an academic collaboration between international law firm Herbert Smith Freehills and the National Law School of India Review (NLSIR). The competition is open to undergraduate law students enrolled across premier Indian law universities, including NLSIU Bangalore, NALSAR Hyderabad, WBNUJS Kolkata, NLU Jodhpur, NLU Delhi, GNLU Gandhinagar, NLIU Bhopal, NLU Odisha, Jindal Global Law School, and the School of Excellence in Law in Chennai.
By engaging emerging legal minds on difficult commercial and statutory questions, the competition seeks to promote high-caliber legal writing. Participating students gain experience framing analytical arguments, structuring legal research papers, and addressing practical problems encountered in commercial practice.
Core Competition Themes: CSR and BALCO Arbitration Insights
The competition focuses on two distinct areas of modern Indian commercial law that demand critical analysis and statutory interpretation:
- Corporate Social Responsibility in the Companies Act: Participants analyze mandatory CSR provisions under Section 135 of the Companies Act, evaluating how statutory mandates affect corporate governance structures, board accountability, and social development objectives. Submissions examine compliance frameworks, spending thresholds, and the responsibilities of directors in monitoring project implementation.
- Implications of BALCO v. Kaiser Aluminium: Essays evaluate the landmark Supreme Court ruling in BALCO v. Kaiser Aluminium, examining its impact on Indian arbitration jurisprudence, seat versus venue distinctions, and judicial non-intervention in foreign-seated arbitrations under Part I of the Arbitration and Conciliation Act, 1996.
Both topics require participants to synthesize statutory provisions, judicial precedents, and economic realities. For students preparing academic submissions, studying published legal articles and academic essays offers valuable guidance on methodology, thesis development, and clear prose structure.
Detailed Analysis of Corporate Social Responsibility Mandates
Section 135 of the Companies Act introduced a statutory framework requiring qualifying companies to establish a CSR committee and allocate at least two percent of their average net profits toward eligible activities listed in Schedule VII. Academic submissions explore several practical legal questions:
- Fiduciary Duties of Directors: The integration of social accountability with traditional shareholder-wealth maximization standards under Section 166 of the Companies Act.
- Enforcement and Penal Provisions: The transition from a comply-or-explain model to strict statutory penalties for unspent CSR funds transferred to designated national funds.
- Impact Assessment Rules: Mandatory third-party impact assessments for large-scale social welfare projects and their documentation in annual board reports.
Arbitration Jurisprudence Following the BALCO Precedent
The Constitution Bench decision in Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc. marked a fundamental shift in Indian arbitration law by holding that Part I of the Arbitration and Conciliation Act, 1996 does not apply to arbitrations seated outside India. Key areas of legal scrutiny include:
- Territoriality Principle: The affirmation of the seat of arbitration as the legal center of gravity, restricting Indian court intervention to domestic arbitrations.
- Interim Relief in Foreign Arbitrations: The initial limitations on obtaining interim relief under Section 9 for foreign-seated arbitrations and subsequent legislative amendments addressing this issue.
- Enforcement of Foreign Awards: The streamlined process for enforcing arbitral awards under the New York Convention pursuant to Part II of the Act.
In addition to traditional commercial disputes, emerging areas such as digital contracts and cyber laws in India increasingly intersect with corporate governance and statutory compliance frameworks.
Submission Guidelines and Manuscript Formatting Criteria
To ensure fairness and consistency in evaluation, the competition enforces strict manuscript submission standards:
- Originality and Authorship: Submissions must be original, unpublished, and authored by an individual participant. Co-authorship is strictly prohibited.
- Word Limit: The main essay must not exceed 3,500 words, including footnotes, but excluding the abstract and bibliography. Substantive or discursive footnoting is discouraged.
- Abstract Requirement: Each entry must include a concise 300-word abstract summarizing the central thesis, primary issues, and conclusions.
- Formatting Specifications: Manuscripts must be submitted in Microsoft Word format, using Times New Roman font, 12-point size for body text, 1.5 line spacing, and 10-point font for footnotes with uniform citation formatting.
- Anonymity and Cover Sheet: Personal details and university affiliation must appear only on a separate cover sheet to maintain blind review integrity.
Evaluation Matrix and Editorial Standards
Submissions undergo rigorous double-blind peer review by an expert editorial panel comprising academic editors and legal practitioners. Entries are scored according to a balanced evaluation matrix:
- Issue Identification and Legal Analysis (25%): Clarity in framing core legal questions and depth of statutory interpretation.
- Clarity and Presentation (25%): Logical organization, precise language, coherence of arguments, and readable prose.
- Suggested Solutions (20%): Feasibility, originality, and practical viability of recommendations proposed to resolve identified issues.
- Depth of Research (20%): Thoroughness of case law analysis, comparative jurisprudence, and commercial context.
- Formatting and Citation Accuracy (10%): Strict adherence to uniform citation conventions and technical guidelines.
Prizes, Publication, and Submission Procedure
The top two essays in each topic category receive cash prizes of Rs. 20,000 and Rs. 12,500 respectively, accompanied by certificates of merit. Winning entries are considered for formal publication in NLSIR, subject to final editorial review.
Completed manuscripts and cover sheets must be submitted in PDF format via email to the official editorial desk. Timely submission is essential, as late submissions incur a grading penalty of five marks per hour past the announced deadline.