Tag: Dispute Resolution

Legally Xenophobic

By Ranjeev C DubeyArbitration Law
Predictably, when the Justice BN Srikrishna committee submitted its report to the law ministry last week advising the government to allow foreign lawyers to represent clients in international arbitrations being held in India, the legal community was in an uproar again. Yet again, we lawyers made it clear that we…

Self-inflicted Wounds

By Ranjeev C DubeyLegal Profession
When the Supreme Court directed the Government of India to establish a National Disaster Mitigation Fund in May 2016, Finance Minister Arun Jaitley observed that India’s judiciary was destroying its institution structure “step by step, brick by brick”. Who is responsible for this judicial activism is a matter of debate,…

Commercial Common Sense Justice

By Ranjeev C DubeyLitigation
The judiciary is ambivalent on the sanctity of commercial contracts. All too often, the judge prioritises a quest for what he thinks is justice over the integrity of contracts in the market place. To make India a wealthy country, we don’t need to read Arnold Toynbee’s twelve volume “A Study…

Jailbird Republic

By Ranjeev C DubeyLitigation
It seems that the default way to enforce resolve disputes these days is to employ the services of swashbuckler Station House Officers and file criminal cases in order to intimidate or imprison those with whom you do not agree. The great tragedy of our democracy is not that 22.1 per…

My Wages For Your Sins

By Ranjeev C DubeyLitigation
Why in this world of paralysed time and frozen turbulence, Supreme Court senior counsel aren’t taken seriously till they make Rs 10 lakh a day ! “Can’t you see”, Pink Floyd’s singer song writer Roger Waters berated us in 1984, “it all makes perfect sense, expressed in dollars and cents”.…