"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Friday, September 19, 2008

Case Comment on DDA v RS Sharma at SSRN

Link to my short comment on DDA v RS Sharma.
Badrinath Srinivasan, Case Comment: Delhi Development Authority vs. R. S. Sharma

Abstract:
In Delhi Development Authority v. R.S. Sharma, the Supreme Court of India has comprehensively laid down the law relating to setting aside arbitral awards under Section 34 of the Indian Arbitration and Conciliation Act, 1996. The Arbitration and Conciliation Act, 1996 contains seven grounds for setting aside arbitral awards. The Supreme Court has drawn "principles" from previous cases and has laid down certain unenumerated grounds for setting aside arbitral awards.
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