Career in Tech Policy Unpacked: In conversation with Kriti Trehan
Interviewed by K V Vinaya
Public Policy
Arbitration in Government Contracts: Party Autonomy Versus Public Policy
by Vasanth Rajasekaran* and Harshvardhan Korada**
‘Duty of Referral Court in post-award stage to prevent misuse of arbitration’; Delhi HC rejects plea by Jaiprakash Associates for second arbitration in Rs. 360 Crores claim
“Applying the ‘eye of the needle’ test, the Court has no hesitation in observing that the prima facie scrutiny of the facts of the present case, leads to a clear conclusion that there is not even a vestige of doubt that the claim is non-arbitrable.”
4th Edition of GNLU International Conference on Business, Law & Public Policy [February 22 & 23, 2025]
The GNLU International Conference on Business, Law & Public Policy (GICBLP), in collaboration with Shardul Amarchand Mangaldas
Call for Papers | NLIU-CPS Journal for Legislative Drafting and Parliamentary Research [JLDPR]
[Submissions for papers are invited for NLIU-CPS Journal for Legislative Drafting and Parliamentary Research (JLDPR) (Volume III). The last date of submission is December 10, 2024]
Christ University | National Blog Writing Competition on ADR and Arbitration Law
School of Law, CHRIST (Deemed to be University) Bangalore is hosting the first edition of the National Blog Writing Competition on ADR
Jharkhand HC sets aside orders reducing pay scale of an employee for requirement of Diploma in Engineering
The Court stated that recovery of excess amount from the employee was not permissible, if there was no misrepresentation or suppression by the petitioner.
Penal Charges — RBI’s Move Towards Implementation of Fair Lending Practices
by Karan Ajitsaria† and Nitesh Sharma††
Allahabad HC partially sets aside arbitral award; Says Arbitrator’s dangerous precedent undermines sanctity of contracts and trust in arbitration
Arbitral proceedings are not cricket matches, where hitting beyond the boundary is usually rewarded
‘Certificate issued during pendency of dispute would not amount to final payment certificate’; Delhi HC sets aside arbitral award in conflict with public policy of country
“When no opportunity is given to deal with an argument which goes to the root of the case based on evidence which go behind the back of the party and results in a denial of justice to the prejudice of the party, the same would amount to violation of principle of natural justice.”
Christ University | Shastrath National Policy Drafting Competition [26th and 27th March 2024]: Submit by 1st March 2024
The 1st edition of the National Policy Drafting Competition named Shastrarth is being organized by Public Policy and Governance Committee and Law
‘Scope of interference in arbitration award passed u/s 34, 37 of A&C Act is limited unless error appears on face of record’; Telangana HC dismisses appeal
“The expression ‘public policy’ is of wider amplitude and hence, where award passed by arbitral tribunal is against the terms of contract or against law of land for time being in force, such an award is against public policy of India and is liable to be set aside under Section 34 of Arbitration and Conciliation Act, 1996.”
1st National Essay Writing Competition on Air and Space Law 2023-24
The Air and Space Law Committee, School of Law, CHRIST (Deemed to be University), Bengaluru, is organising the 1st National Essay Writing
Decoding Allahabad High Court verdict on applicability of doctrine of severability on arbitral awards
“Section 34 confers power on the court to set aside an award, the power could be exercised to set aside any or all such awards, whether composite, interim, final or additional”
Madras High Court dismisses lawyers’ pleas praying to participate as eligible candidates in direct recruitment to the post of Civil Judge
“If the plea of the petitioners is accepted, it would amount to opening a Pandora box and several other similarly candidates would start knocking at the doors of this Court with the similar demand and in that case, recruitment will turn out to be a never-ending process as the examination is scheduled on 19-08-2023.”
Delhi High Court upholds arbitral award for not falling within the mischief of Section 48(2)(b)(ii) of Arbitration Act
A challenge to an Award on the grounds of violation of “public policy” or “fundamental policy of Indian law” would be liable to be countenanced provided it is established that its enforcement would run contrary to well-established legal tenets which brook of no exception.
Award passed after an inordinate and unexplained delay will be contrary to justice and will defeat justice: Delhi High Court
India has long hoped to become an arbitration hub and providing time bound mechanisms for resolving disputes will certainly be a feather in the cap. Introducing Section 29A by way of amendment is therefore intentioned to ensure that the disputes in arbitration are adjudicated in a time-bound manner.
[Gas Migration Dispute] Reliance had limited role to ‘explore’ and ‘extract’ natural gas as a licensee only; Delhi High Court upholds arbitral award in favour of Reliance Industries
Delhi High Court observed that in the present case, the natural resource viz. natural gas was neither ‘bought’ nor ‘sold’ as between Reliance and the Ministry; thus, the public trust doctrine was not contravened.
Irretrievable Breakdown of Marriage: Decoding Supreme Court judgment on grant of divorce under Article 142 of Constitution; waiver of 6 month’s cooling off period
Given the expansive amplitude of power under Article 142(1) of the Constitution, the exercise of power must be legitimate, and clamours for caution, mindful of the danger that arises from adopting an individualistic approach as to the exercise of the Constitutional power, observed the Supreme Court
Supreme Court can dissolve marriages on “irretrievable breakdown” by invoking powers under Article 142; holds Constitution Bench
The Supreme Court also held that the mandatory waiting period of 6 months for divorce by mutual consent can be dispensed subject to requirements and conditions laid down in previous Supreme Court judgments.