The Hazy Glimpse of Tomorrow

Payal Chawla It was November 2, 2028. The festive lights had dimmed, but the haze lingered—thick, gray, and suffocating. Delhi, long accustomed to its annual battle with winter smog and stubble burning, now faced an unprecedented crisis. This time, the air wasn’t just polluted; it was poison. I woke up in the dead of night,…

Teaser of my upcoming video podcast, “Navigating Commercial Disputes”, in collaboration with Bar & Bench! The debut episode features Mr. Justice Madan Lokur, former Judge of the Supreme Court of India and currently serving as a Judge on the Fiji Supreme Court. I invite you to watch, enjoy, and share your thoughts. Stay tuned for…

Legislative Efficacy Assessment: A Crucial Judicial Initiative

In a recent landmark decision, the Supreme Court of India underscored the importance of evaluating the impact of legislation. The case, Yash Developers v. Harihar Krupa Co-Operative Housing Society Limited, highlighted the necessity of assessing whether statutes achieve their intended purpose. The Court observed that this assessment “is the implied duty of the executive government,”…

TOWARDS DISPUTE IRRESOLUTION

In a recently released office memorandum dated June 3, 2024, the government outlined new guidelines for arbitration and mediation in contracts related to domestic public procurement. While the memorandum ostensibly promotes mediation, it explicitly signals a shift away from arbitration for government undertakings. Consequently, once the current pipeline of arbitration cases dry out, future contracts…