No abstract

Gender diversity on corporate boards has become a point of emphasis, to the exclusion of all other forms of diversity. This paper analyses whether board gender diversity might help boards overcome groupthink (i.e. the failure of board members to consider alternatives to the dominant view when making decisions). This is a significant question because the board is reponsible for governance of the company and groupthink is often cited as a hurdle to effectively performing this role. Thus, the paper first examines the role of the board, board decision-making processes and the problem of groupthink, and subsequently, the potential of gender diversity to overcome groupthink. It concludes that gender diversity on corporate boards might help overcome groupthink so long as the women directors are also independent and bear ‘outsider’ status. However, other forms of diversity like race, education, tenure, professional background etcetera might offer the same benefits and thus should not be overlooked.

No abstract

India's new insolvency law, the Insolvency and Bankruptcy Code 2016 (‘IBC’) was introduced to improve the efficiency of the resolution process. Although there is much to be credited in the law, the practice of it has shown that the process is often delayed by excessive litigation. This article aimed to study delays under the IBC by looking at the application of the law and providing an alternative feminist assessment. This assessment highlights that a feminist value missing from the practice of the IBC is the inclusion of stakeholders, and particularly a non‐adversarial system that helps stakeholders manage and resolve conflict amicably (and expeditiously) during insolvency resolution. Litigation before tribunals and courts to adjudicate upon stakeholder conflict often leads to significant delays. The article proposes a model that nudges parties towards mediation during a Corporate Insolvency Resolution Process (‘CIRP’) within the IBC, in order to preserve relationships and reduce delays.

No abstract