"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.

Wednesday, August 4, 2010

Contract Law Resources, Arbitration and other News

MJ Antony's article in the Business Standard commenting on the case of Afcons Infrastructure v. Cherian Varkey was a fun read, though this blogger vehemently disagrees that the Arbitration and Conciliation Act, 1996 contains drafting errors and omissions to the extent stated in Bhatia International. Ask the Drafters of this Act; I am sure they'll have an altogether different story to tell. And they may be right too.

IBNLive reports a statement made by the CJ of the Bombay HC to the effect that a "dedicated court" (possibly referring to a Bench) would be constituted to deal with arbitration matters. And the said report also reports statements made by Justice Dalveer Bhandari of the Supreme Court to the effect that a panel of retired judges should be formed and arbitrators should be picked only from this panel. If this report is true and Justice Bhandari had meant to state that only retired judges should be appointed as arbitrators, he is singing the tune which the Law Commission sang a almost decade ago, The proposal of the Law Commission was rightly rejected by the Saraf Committee and also Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice's Report. On this purported proposal, I only give this link

Financial Express reports this important SC decision in which the SC has decided in favour of Sumitomo in a claim by Sumitomo for reimbursement of income tax imposed after submission of its bid. This is an important issue and we'll definitely try to have a post it.

[Added After Posting: You can download the Sumitomo v. ONGC judgement from this link]

On the Contract Law front:
Active readers and blawggers on the blawgosphere would be aware of an excellent set of posts under the label Recent Scholarships in the Contracts Prof Blog relating to the Current Scholarship in Contract Law. Readers might want to regularly check out these posts.In the alternative and to easily access the said posts ,you could go to the link titled "Contracts Professor Blog: Recent Scholarship" located under the gadget "Law Journals/ Reviews" located at the bottom left hand side of this blog.

Readers may also check out SSRN's Contracts and Commercial Law eJournal, which basically consolidates the Contract Law and Commercial Law papers posted in SSRN. Like the Contracts Prof 's Recent Scholarship thing, we have added this to the Law Journals/ Reviews gadget under the title "SSRN: Contracts and Commercial Law eJournal".

Happy researching and reading!

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