"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.

Sunday, February 26, 2012

Opinions/ Editorials on the White Industries Investment Arbitration and its Implications

Mr. Prabash Ranjan, a PhD candidate in law, King's College, London and faculty member (on leave), NUJS has written a piece in the Financial Express on the implications of the White Industries award. The article can be accessed from here. Apart from the discussions on implications, the piece also critiques, perhaps rightly so, the Indian Government's silence on the award indicating lack of transparency.

Ms. Kumkum Sen, Partner, Bharucha & Partners discusses the award in this piece in the Business Standard. This article is more of a descriptive comment but concludes:
"There are whispers in the corridors of power that India has taken a decision to drop arbitration procedures, in all future BITs and CEPAS or make it specific to the treaty in hand – no more MFNs and grandfather clauses."

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