Abstract
The NHAI chairman was a worried man. He had just learned that the Supreme Court of India had upheld the minority award of the dissenting arbitrator, which was against NHAI. This dispute was between Ssangyong and NHAI regarding the price adjustment clause and a linking factor used to link the old WPI with the new one. Should NHAI do away with arbitration as the method of dispute resolution in its contracts? If NHAI decides to continue, what additional measures can be taken to strengthen the dispute resolution mechanism?
Additional Information
| Product Type | Case |
|---|---|
| Reference No. | STR0482 |
| Title | Ssangyong - NHAI |
| Pages | 29 |
| Published on | Aug 29, 2024 |
| Year of Event | 2005-2019 |
| Authors | Agarwal, Anurag K; |
| Area | Strategy (STR) |
| Discipline | International Business, Public Policy and Law, Strategic Management |
| Sector | Government, Infrastructure |
| Learning Objective | (1). Understand the importance of L1, price escalation and price adjustment clauses in public contracts for infrastructure. (2). Evaluate the effectiveness of arbitration as a dispute resolution method for infrastructure projects. (3). Assess the changes in interpreting “public policy” applicable in the arbitration law as the phrase has evolved. (4). Understand the importance and scope of Article 142 of the Constitution of India as interpreted by the courts in India vis-à-vis the law of arbitration. |
| Keywords | Arbitration; Infrastructure; Highways; Price Adjustment; Discretion; Supreme Court |
| Country | India |
| State | Delhi |
| City | Delhi |
| Organization | NHAI |
| Access | For All |
My Cart
You have no items
in your shopping cart.