About the Webinar

With a second addition to its Webinar Series, the Centre for Alternative Dispute Resolution, NLU Delhi, is delighted to present its Webinar on “DMRC v. DAMEPL Saga: An Inevitable Step or an Unnecessary Intervention”

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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.

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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?

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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 dispute resolution scenario in India.

 

Our esteemed Panelists include-

Hon’ble Mr. Justice (Retd.) B.N. Srikrishna - Former Judge, Hon’ble Supreme Court of India, and Eminent Jurist

Prof. (Dr.) Ruhi Paul- Registrar, National Law University Delhi

Ms. Priyanka Shetty - Partner, AZB & Partners

Mr. Kartikey Mahajan - Partner, Khaitan & Co

Mr. Gauhar Mirza - Partner, Cyril Amarchand Mangaldas

 

The webinar was be moderated by -

Dr. Nidhi Gupta - Associate Professor, National Law University Delhi