The Centre for Alternative Dispute Resolution (CADR) at National Law University Delhi is organising a Webinar on “DMRC v. DAMEPL Saga: An Inevitable Step or an Unnecessary Intervention?”
The Webinar, which is a second addition to the CADR Webinar Series, will be organised at 04:00 PM on 18 May 2024 (Saturday).
About CADR:
The Centre for Alternative Dispute Resolution, NLU Delhi, has a vision to promote the use of ADR methods among legal and non-legal professionals, students and the general public at large. The Centre envisions a society which values harmony, peaceful co-existence and diversity. The Centre strives to contribute to the vision and mission of the National Law University Delhi of developing human beings who are technically sound, socially relevant and emotionally strong by imbibing the skills of ADR methods like active listening, understanding others’ points of view, discussions, empathy, rational thinking and community interest. The Centre aims to change societal perspectives on disputes and disagreements from being viewed negatively to being seen as opportunities.
About the Webinar:
The Supreme Court’s decision in DMRC v. DAMEPL emphasises the complex interplay between arbitration and judicial interference in India. Despite working hard to maintain an arbitration-friendly image of India and the Indian judiciary, the Supreme Court, while deciding the curative petition, ventured to exercise its extraordinary powers to set aside an arbitration award in a long-held dispute between Delhi Metro Rail Corporation (DMRC) and Delhi Airport Metro Express Limited (DAMEPL). The Court found this dispute to be a fit case where the concern for justice had to be given preference over the principle of finality. Throughout the proceedings, the Bench was conscious to highlight the extraordinary nature of the issue. The Court noted that when curative petitions are filed concerning commercial issues, the threshold for consideration is aggravated.
While the judgment has been reported as a big and positive step in social media and newspaper reports it raises some serious concerns in the world of business and arbitration community. Does this judgment carry implications for the “Ease of doing Business” motto of the nation? Are there any special lessons for arbitrators and courts while dealing with disputes relating to infrastructure projects in India, especially involving a PPP model? Does this judgment indicate that the commercial disputes having the Government as one of the parties are to be treated as a different category? Can this judgment be considered a peculiar commentary on the dispute resolution scenario in India?
This Webinar aims to address the above and similar questions. It aims to bring together legal experts to critically analyse the practical implications of this rather extraordinary step taken by the Supreme Court of India. The Webinar will be an opportunity to gain an in-depth understanding of the dispute between DMRC and DAMEPL and the dispute resolution scenario in India.
Esteemed Panelists for the Webinar are-
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Hon’ble Mr. Justice (Retd.) B.N. Srikrishna – Former Judge, Hon’ble Supreme Court of India, and Eminent Jurist
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Prof. (Dr.) Ruhi Paul – Registrar, National Law University Delhi
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Ms. Priyanka Shetty- Partner, AZB & Partners
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Mr. Kartikey Mahajan- Partner, Khaitan & Co
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Mr. Gauhar Mirza- Partner, Cyril Amarchand Mangaldas
The Webinar will be moderated by Dr. Nidhi Gupta – Associate Professor, National Law University Delhi.
If you are interested in participating, please fill the registration form. The link for the Webinar will be shared with registered participants. Please note that the registration deadline is 17 May 2024.
For further updates, please follow the Centre on LinkedIn and Instagram. For any concerns/clarifications, you may write to cadr@nludelhi.ac.in or visit their official website.