Photo of Gauri Rasgotra

Partner in the Dispute Resolution Team at the Delhi office of Cyril Amarchand Mangaldas. Gauri has over two decades of experience in advisory and litigation experience in both academic and corporate settings. Gauri has also held the position of Director of the India Studies Centre of George Washington University Law School in Washington D.C. She can be reached at gauri.rasgotra@cyrilshroff.com

The power of judicial review enables the judiciary to determine the constitutional validity of legislative and/or executive actions, possibly making them subject to invalidation.

The power of judicial review by Tribunals was examined and decided by the Supreme Court in S.P. Sampath Kumar v. Union of India and in the subsequent case of L. Chandra Kumar v. Union of India. After the decision in Sampath Kumar case divergent views were taken by various benches of the Supreme Court. The matter was therefore referred to a seven judge bench of the Supreme Court in L. Chandra Kumar.

Continue Reading Power of Judicial Review by the National Green Tribunal

The Law Commission of India’s report of August 2014 on the Indian Arbitration Act mentions that amendments are being suggested to the Arbitration Act to provide a “stable business environment and strong commitment to the rule of law, based on predictable and efficient systems of resolution of disputes.”

Amendments to the Indian Arbitration Act, 1996 were passed by both Houses of Parliament and assented to by the President on December 31, 2015. These amendments apply to all arbitral proceedings commenced on or after October 23, 2015 but parties can agree to even apply these amendments to proceedings commenced before the Amendment Act.

Continue Reading India and International Arbitration: Prospects