The Unravelling of Bharat Drilling: A Supreme Court Reckoning for Contractual Sanctity in Arbitration
Introduction The foundation of any contract, particularly those involving public resources, rests on the mutually agreed-upon allocation of risk. A fundamental scenario arises when government contracts contain prohibitory clauses, which explicitly bar claims for specific liabilities like idle labour/machinery or business loss. These clauses are not merely boilerplate; they represent a deliberate, negotiated boundary defining the parties’ financial exposure. Yet, […]
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