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…
DetailsShould there be mandatory paternity leave? Killing two birds with one stone – encouraging greater involvement of fathers in raising children, while also reducing workplace discrimination against women for taking maternity leave. Watch today’s episode of We Women Want on Newsx. https://youtu.be/5kKgMmB4YLs?si=jajX-m7grU5HE3u6 With Priya Sahgal, Farah Kidwai and Dr Vimal
DetailsLimitation in Section 37 Appeals: Unanswered Questions
Payal Chawla The issue of limitation for filing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (“ACA”) may require reconsideration. This matter was seemingly resolved by a three-judge bench in the case of Government of Maharashtra v. Borse Bros Engineers & Contractors (P) Ltd. (“Borse Brothers”). This judgment has been subsequently…
DetailsLegislative 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,”…
DetailsTOWARDS 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…
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Bridging the Gender Gap in Access to Justice
Watch the video here https://worldbank.scene7.com/s7viewers/html5/VideoViewer.html?asset=worldbankprod/Bridging%20the%20Gender%20Gap%20in%20Access%20to%20Justice-AVS&config=worldbankprod/WBG-Standard-Player&serverUrl=https://worldbank.scene7.com/is/image/&contenturl=https://worldbank.scene7.com/is/content/&posterimage=worldbankprod/Bridging%20the%20Gender%20Gap%20in%20Access%20to%20Justice-AVS&videoserverurl=https://worldbank.scene7.com/is/content © World Bank, June 26, 2024, Washington D.C., United States
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Bridging the Gender Gap in Access to Justice
My remarks at the Conference hosted by the World Bank at Washington DC on Justice and the Rule of Law Global Forum Bridging the Gender Gap in Access to Justice Panel Discussion Remarks by Payal Chawla I am a domestic abuse survivor. I have also endured pregnancy and young motherhood discrimination at the hands of…
DetailsThe Scope of Curative Jurisdiction in Arbitration
The recent ruling by a three-judge bench in the case of Delhi Metro Rail Corporation Ltd. v. Delhi Airport Metro Express Pvt. Ltd. (“DMRC case”) has drawn significant criticism from legal scholars and practitioners. However, this criticism may be somewhat misplaced. The primary criticism appears to focus on the exercise of curative jurisdiction. However, just…
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