School of Law (Oct – Dec 2022)


Journal Papers

1. Pattjoshi, S., & Ghosh, P. (2022). Third party funding for litigation in dispute resolution mechanism and its recent developments in international commercial arbitration, International Journal of Mechanical Engineering ISSN: 0974-5823; Vol. 07, Issue 6, Jun 2022, pg. 538.

2. Pattjoshi, S., & Ghosh, P. (2021) Critical appraisal of third-party funding in India, Psychology and Education (2021) 58(1): 3462-3467, ISSN: 00333077.

3. Pattjoshi, S., & Ghosh, P. (2021) Footprint of TPF entities in trade liberalization and international commercial dispute resolution mechanism with reference to india, Turkish Online Journal of Qualitative Inquiry (TOJQI), ISSN:1309-6591; Vol. 12, Issue 6 July 2021 Pg. 9753-9758.

4. Pattjoshi, S. (2022) Third party funding mechanism and judicial attitudes and responses in international commercial arbitration, Industrial Engineering Journal, Volume 15 Issue 11  October 2022 ISSN: 0970-2555.

Conference Papers

1. Pattjoshi, S., & Ghosh, P. (2021) Critical Appraisal of Third Party Funding In India,  presented paper at 8th International Online Conference on Recent Advancements in Interdisciplinary Research (ICRAIR 2021) held on 30-31 January 2021 at Asian Institute of Technology Conference Center, Pathumthani, Thailand.

2. Pattjoshi, S., & Ghosh, P. (2021) Footprint of TPF entities in Trade Liberalization and International Commercial Dispute Resolution Mechanism with Reference to India, presented at “4th International Conference on Multi-Disciplinary Research Studies and Education (ICMDRSE-2021)  held in Kuala Lumpur, Malaysia on the 29th – 30th June 2021.

Ph.D. Degree Awarded (Provisional)

Student’s Name: Dr. Seemasmiti Pattjoshi

Supervisor’s Name: Dr. Puranjoy Ghosh

Thesis Title:  The Third Party Funding in International Commercial Arbitration- A Study with Reference to India.

Abstract of the Thesis:

Third-party funding in International Commercial Arbitration is one of the most contemporaneous and controversial issue in the normative framework in India. The last several years have witnessed increasing involvement of Third Party Funders in International Commercial Arbitration proceedings. Third-party funding has been considered as one of the means of access to justice for those who have a credible claim but no financial means to pursue it. Dispute resolution in India tends to be a cost-heavy proposition for the parties involved. The present discussion highlights the judicial attitudes and responses regarding TPF (Third Party Funding) from the delivery of procedural and substantive justice as well as suggesting legal and jurisprudential grounds in third party funding governance all across the world. It also points out that all the principles and appraisal of TPF which will ultimately contribute in delivering justice in both national and international commercial arbitration if third party funding is left to self-governance.

Keywords: Third party funding, justice, access to justice, international commercial arbitration

Student’s Name: Dr. J Bagchi

Supervisor’s Name: Prof (Dr.) Sasmita Samanta, Vice Chancellor,KIIT University

Co-Supervisor’s Name: Dr Amarendra Pattnaik, School of Law, KIIT University

Thesis Title: Talent Analytics – an In-Depth Study of its Impact on Employee Retention

Abstract of the Thesis:

Among all the resources that an organization needs to achieve its objectives, Human Resource is the most critical. Traditionally considered just as a factor of production, today human resource has become the prime mover of best organizations. Every employee is a bouquet of competencies or talents. Therefore, many organizations consider Human Resource Management as Talent Management.

In this research, the researcher has attempted to find out if there is a correlation between Talent Analytic in an organization and Employee Retention. Talent Analytic essentially means the processes, methods and technologies that are used to manage various HR functions in an organization. Data-driven decision making and data-analytic is sub-sets of Talent Analytics system. Opposite of employee retention is employee attrition. Every organization wishes to retain their best employees and don’t like employee attrition. Organizations adopt various initiatives to keep a tab on employee attrition. Employees look for a range of factors to continue working with an organization like salary, work culture, opportunity to learn, leadership, job content, opportunity of career advancement etc. One of the factors that employees also look at is the decision making process in the organization. They try to check whether the decisions are based on facts or not. They expect all decisions to be fair and transparent and here comes the role of Talent Analytics. The use of such a system helps in proper decision making and in also influences employees’ satisfaction.

Decision can be taken in different forms such as – Intuition, Rational and Bounded Rational. In Intuition method, the decision maker decides without considering data or information on the subject. It is based on experience and gut feeling. In the rational decision making, a decision maker considers all relevant data for making decisions. Such decisions are based on logic and data analysis. The third type of decision making is based on limited available information or data and is called bounded rational decision making. Managers are sometimes constrained to take decisions based on whatever information that is available.

As Talent Analytics is a data driven method of decision making and can positively impact various facets of Talent Management – Recruitment, Training & Development, Retention, Career advancement, Redeployment. Now a day’s high-end software are available to integrate employee related information available at different units/departments of the organization. ERP is one such software from leading companies like SAP, TCS, Oracle, Infosys.

Many organizations are able to use historical data to predict future outcomes. For example, an employee frequently visiting job sites is an indication that he will leave the organization as soon as he gets a better opportunity. Similarly, an employee with high number of unaddressed professional grievances may leave the organization.

Now, if an organization has good Talent Aanalytics in place, they can mining of such information can  preventive them to leave the organization.. Talent is scarce and an organization spends huge amount of money to get right talent. Losing such latent adversely affects an organization and hence retaining talent is important.

In this research, the researcher looks at retention dimension of talent management. The researcher would like to see if the existence of Talent Analytic system and its proper implementation has a positive effect on employee retention or not.

The researcher collected responses about the utility of Talent Analytics from more than 500 employees working in manufacturing and service sector. All these respondents belong to Odisha, West Bengal and Bihar. On analysis of data it was found that a large majority of respondents think that Talent Analytics helps in employee retention. But when the researcher tried to find out if there is a correlation between the availability of Talent Analytics System in the organization where a respondent works and his retention intention, there no significant correlation. The researcher considered the retention intention at two levels – (i) Those who wish to continue with their current organization for more than 2 years (ii) Those who wish to continue with their current organization for more than 4 years. In neither of the above levels, the researcher noticed a clear relationship. It means while Talent Analytics is considered useful in manpower management and decision making, but it has no impact on employee retention.

Student’s Name: Dr. Mitul Dutta

Supervisor’s Name: Dr. Prafulla Chandra Mishra, School of Law

Thesis Title: Right To Self Determination In International Law: A Study In Human Right Perspective

Abstract of the Thesis:

Recently the world witnessed the crisis in Ukraine. The south-eastern region of Ukraine or the larger Donbas region, two territories, namely, Luhansk and Donetsk which were controlled by the pro-Russia rebel groups, demanding self-determination for several years. The territories of Luhansk and Donetsk declared independence, and Russian President Vladimir Putin recognized the territories as independent sovereigns and deployed military forces to maintain peace of those regions. Now, the question that arises here is, whether the self-determination claims and the subsequent secession and annexation by Russia justified under international law.

Self-determination consists of one of the most disputed areas of international law. This right is a precursor to some of the most disputed instances of secession in the world today. Most of these claims often escalate to armed conflicts and cause a lot of loss of life and property and thereby disturbing the international peace and security.

At present there is not distinct clarity about the nature of right, the mode of its implementation of the right and the consequences and status of entities borne out of self-determination. Unfortunately, even judicial decisions do not provide much guidance in this regard. The ICJ’s decision on Kosovo is one such example.

This thesis is an attempt to analyse the scope of the right to self-determination in international law explore the issues connected with it. The thesis seeks to analyse the interrelationship between self-determination and secession and their human rights implication. The thesis also takes up for discussion the status of the seceding entities in international law.

Keywords: Self-Determination, Sovereignty, Secession, Unilateral Declaration of Independence, Recognition.

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