The National University of Juridical Sciences (NUJS) Law Review is one of India’s leading legal publications, known for its insightful commentary on critical legal issues and developments. The editorial board consistently produces scholarly work that contributes significantly to the legal discourse in India and beyond.
The NUJS Law Review is proud to present “The Curious Case of a Curative: A Contrarian Reflection on the Arbitral Award Set Aside in DMRC v. DAMEPL” by Ranak Banerji & Ria Kumar, current editors of the journal. This note critically examines the Supreme Court’s (‘SC’) curative powers through the lens of the Delhi Metro Rail Corporation (DMRC) v. Delhi Airport Metro Express (DAMEPL) judgment. The case marks a milestone, being the first arbitral award set aside at the curative stage by the SC, raising essential questions regarding the scope and application of curative petitions.
In this editorial, the authors provide a detailed empirical analysis of past curative petitions entertained by the SC. They construct a broad evaluative framework to assess the DMRC judgment, offering a contrarian viewpoint that challenges prevailing interpretations and critiques surrounding the ruling.
The article sheds light on critical aspects of curative petitions, specifically addressing the extent to which they can be used to challenge arbitral awards. By juxtaposing accepted and rejected curative petitions, the authors aim to clarify the threshold that a petition must meet to be entertained at the curative stage.
| Event | Details |
|---|---|
| Release Date | Volume 17(2), 2024 |
| Published By | NUJS Law Review |
| Authors | Ranak Banerji & Ria Kumar |
| Topic | Curative Petitions, Arbitral Awards |
| Access Note | Read the full note here |
This note is invaluable for practitioners, academicians, and students interested in understanding the evolving jurisprudence on curative petitions and the SC’s expanding role in arbitration matters. It is particularly relevant to those engaged in commercial arbitration, constitutional law, and litigation.
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