Milana 2024 | Engage & Enlarge A Landmark Event in Construction Law Education

Manipal Law School, a constituent unit of Manipal Academy of Higher Education, Bengaluru has launched master level construction law programs from the academic year 2024. This LLM in construction law and arbitration is first of its kind interdisciplinary program in India and it has been offered as a regular master’s program for law graduates and as a Post graduate diploma for experienced professional construction engineers in blended mode. The course was inaugurated in August 2024 and first semester examinations for both streams was conducted during 9th to 16th December at our campus.

Group photo of Construction Law (LLM and PG Diploma streams)

On December 17, 2024, Manipal Law School hosted a momentous event titled Milana 2024: Engage & Enlarge, which brought together both streams of this pioneering Construction Law and Arbitration (CLA) program. The event served as an excellent opportunity for networking, knowledge sharing and developing community among the full-time and part-time inaugural cohorts.

Inaugural Ceremony:

The chief guest for the event was the MLS director Prof (Dr) Sarasu Esther Thomas and Mr Gaurav Yadav, deputy director of admissions was among the distinguished guests of the day.

Following the ceremonial lighting of the lamp and offering floral tributes to the founder of MAHE, Padma Shri Dr Tonse Madhava Ananth Pai, the has begun. In his welcome speech, Prof. Venkataragavan revealed that his vision for the master’s in construction law program began during his master’s studies in law at Robert Gordon University in Scotland. He went on to explain how the construction law program was curated at MLS first with short duration certificate programs followed by specially developed curriculum for both practicing lawyers and construction engineers. Prof Venkat highlighted the importance of interdisciplinary program such as construction law to navigate the complexities of the construction projects. Prof Venkat thanked his mentor, tutor at RGU Bill McLaughlin and Phil Simons an adjunct faculty at Manchester university for their assistance in implementing the LLM program at MLS.

The chief guests then took to the stage to share their insights. They spoke about the relevance of the course in today’s legal landscape, particularly considering India’s rapid infrastructure development and the increasing need for specialized knowledge in construction law.

Mr. Gaurav Yadav addressed the gathering, providing insights into Manipal University’s evolution and its recognition as an “Institution of Eminence. He has highlighted some of the challenges faced during the admission process especially the change of nomenclature owing to regulatory requirements.

Prof (Dr) Sarasu Thomas, spoke about the institute’s outreach programs, emphasizing the need for legal literacy among professionals from various fields. She expressed that the program is off to a great start, is a very niche and much-needed program. She had mentioned about introducing similar interdisciplinary programs in the field of medical law and ethics given that MAHE is a proven leader in medical education. She also emphasized the importance of brainstorming alternatives to courts, such as innovative dispute resolution methods.

Faculty Insights:

After the inaugural speeches, faculty members Dr Ali Farhan, Dr Raghavendra Holla of MIT, Dr Indranil Saha, Mr Pavan and industry experts Dr Badrinath, Dr Sridhar Mothe, Mr Ajit Kumar Mishra, Mr Janakiram and Mr Girish who had taught in the construction law program had shared their tutoring experience. From the speeches it was evident that the student engagement and interaction was indeed outstanding, and it highlighted the program’s hands on learning approach.

Roundtable Discussion: Women in Construction Law:

Following a brief tea break, the event featured an impactful roundtable discussion titled “Women in Construction Law.” This session highlighted the experiences of four accomplished women from diverse sectors, including a practicing advocate, a project manager in construction sector and two recent law graduates. The discussion delved into their personal journeys, the significance of diversity in the field and the various challenges and opportunities that women face within construction law. Each panellist addressed specific issues such as work-life balance, safety concerns and career advancement prospects for women in this male-dominated industry.

The dialogue underscored the crucial intersection between law and engineering, emphasizing how legal and technical elements of construction must work together. A significant point of discussion was the need to improve female participation in the sector. This session was particularly noteworthy as it marked one of the first occasions where women led discussions on these topics while male participants observed as spectators. The environment created support and empowerment, encouraging attendees to advocate for greater inclusivity within construction law.

Overall, the roundtable not only provided a platform for women to share their insights but also inspired attendees to consider ways to enhance diversity in the field. The discussions created a sense of community among participants, reinforcing the importance of collaboration and support for women pursuing careers in construction law.

Fireside Chat

The day’s discussions continued with a fireside chat moderated by Prof. Venkataragavan on the topic “Is a Construction Act for India a Game Changer” Cohorts Aditya Singh Chauhan, a prominent practicing advocate specializing in construction law and S Suresh Rao, a senior manager from one of the leading infrastructure contractors were the panel. They delved into critical issues surrounding existing legislation and articulated the necessity for exclusive laws tailored to address current challenges faced by the construction industry in India.

The participants discussed the prevalence of disputes and delays in the Indian construction industry and how the current dispute resolution mechanisms are ineffective especially the absence of statutory backing of the adjudication decisions. The conditional payment provisions, delayed justice due to prolonged arbitration and enforcement of the awards were discussed.

This panel further discussed whether a statutory legislation like the United Kingdom’s Housing Grants Act 1996 or Construction Industry Payment and Adjudication Act of Malaysia or Singapore’s Security of Payment Act would be beneficial to resolve the ongoing delays in obtaining the justice. The challenges and potential benefits of implementing such a law in India was also discussed. This event has sparked engaging discussions among attendees regarding potential reforms and innovations needed to enhance legal frameworks governing construction projects in India.

Group Presentations and Awards:

Post-lunch activities commenced at 2:30 PM, where participants were divided into five groups to present topics assigned earlier in the day. The presentations showcased diverse perspectives on various aspects of construction law, demonstrating the depth of understanding developed during their studies.

• Group 1 analysed the “Impact of multi-tier dispute resolution clauses in construction contracts”, noting the general preference for consensual dispute resolution methods. They discuss the timelines of these clauses and that some may just be a formality.

• Group 2 provided a “Critical review of the Indian Contract Act of 1872”, noting that it serves as a fundamental legal framework for construction contracts. They discussed the applicability of some of the clauses and suggested some amendments as well.

• Group 3 presented on “The effectiveness of FIDIC dispute adjudication boards (DABs) in Indian contracts”, noting that they are not legally binding but provide a mechanism for early dispute resolution. They also note that DABs are effective when the dispute is technical and not just commercial.

• Group 4 discussed “The root causes of delays in construction projects”, noting that delays are a very vast subject and identified 10 areas of root causes.

• Group 5 presented on “The legal and financial implications of delayed dispute resolution for tier-1 subcontractors”, highlighting the various risks and financial challenges faced by subcontractors in the construction industry.

After thoughtful deliberation by a jury composed of faculty members and industry experts, Team 3 was declared as the winner for their exceptional presentation. Dr Sarasu Thomas presented them with a prize, celebrating their hard work and innovative ideas.

Future Endeavours:

The event concluded with an exciting discussion about an upcoming International Construction Law Conference Scheduled for April 5, 2025, at Manipal Law School. This conference aims to further explore global trends in construction law and promote international collaboration among legal professionals. A similar conference was held at MLS during March 2024 and the proposed April conference would the second such conference at MLS, Bengaluru.

The event was expertly anchored by Ms. Koyal Poojary, whose engaging presence kept attendees informed and entertained throughout the day. The day wrapped up with a heartfelt vote of thanks delivered by Mr. Karthik J Panicker, expressing gratitude to all participants, speakers and organizers who contributed to making Milana-2024 a resounding success, ending his vote of thanks with a famous quote “we must try for excellence and success will come on its own”. Cohorts Deepak V Punam and S Suresh Rao have tirelessly worked during the past few weeks prior to the event for successfully conducting it on 17th December and kudos to their administrative skills for a perfect event.

As participants stood together for the national anthem to close this significant gathering, it was clear that Milana 2024 had not only strengthened connections between students but also laid a solid foundation for future collaborations within India’s evolving landscape of construction law education and practice.