"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well." -Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Sunday, July 20, 2014

PSC Awards: Selan Exploration v MoPNG

We bring to readers certain arbitral awards which have been rendered under the Production Sharing Contracts between the Ministry of Petroleum and Natural Gas and the Contractor(s). The purpose of doing so is to bring these awards to the public domain as it throw light on how Production Sharing Contracts are interpreted. It is expected that these awards would be useful to litigants as well as academicians.

The first of this series is the award pursuant to arbitration between Selan Exploration v. Ministry of Petroleum and Natural Gas. The dispute pertained to share of profit petroleum between the Contractor and the Government. The case also deals with the calculation of the Investment Multiple which forms an integral part of the Production Sharing Contract. The award can be accessed from here.

Thursday, July 17, 2014

Bangladesh India Arbitral Award: HSF & The Tribune Summary

Herbert Smith Freehills' Dispute Resolution team has come up with a summary of the Arbitral Award in the Bangladesh India maritime dispute over the Bay of Bengal. The summary can be read from this link. The summary of the award as it appeared in the online edition of the Tribune can also be accessed from this link.

Thursday, July 10, 2014

NLIU Law Review: Call for Papers

Call for papers from NLIU Law Review:

The NLUJ Law Review invites original and previously unpublished manuscripts across various legal studies and disciplines from law students, professors, practicing lawyers, and other members of the legal fraternity. Contributions are currently invited for Volume 3, Issue 1. Last date for submission is 31th August, 2014.

About the Review

NLUJ Law Review is the flagship journal of National Law University, Jodhpur. It has been established with the objective of becoming a formidable instrument in taking the standard of legal research in India up by several notches. It is a bi-annual, double-blind student reviewed, and student-edited journal focusing on an inter-disciplinary approach towards legal writing. The Review aims to publish articles on all aspects of law, and though special emphasis is placed on contemporary developments, the Review's range includes jurisprudence and legal history.

Objectives of the Journal
Beyond contributing to the legal academia, the Review realises the growing paradox in legal scholarship, in that, most journals have increasingly focussed on being published rather than being read. The Review believes that legal scholarship will only truly realise its raison d’être when it plays a more tangible role in the lives of students, professors, lawyers and judges. Thus, the Review is committed to the cause of increasing the readability of published legal scholarship and relieving it of some of the esotericism it seems to have acquired.

Nature of Submissions

We welcome submissions under the following categories:
A.     Articles (5000 - 15000 words, including footnotes)
The articles category is designed to include both short and long works to provide an opportunity for all those interested in law, whether as academics, research scholars, practitioners or students, to keep abreast with new ideas and the progress of legal reform. The research articles should contain a comprehensive study and should provide a sustained analysis of various legal topics. The author’s stand on the issue(s) should be expressed with clarity. All articles should be accompanied by an abstract not exceeding 250 words.

B.     Short Notes and Comments (2000 - 3000 words, including footnotes)
An important feature of the Review is the ‘Notes and Comments’ section, in which the authors analyse recent judicial decisions, new legislation, and current law reform proposals. Short notes should be accompanied by an abstract not exceeding 200 words.

C.     Book reviews (2000-2500 words, including footnotes)
The Review will also assess recently published books in every issue. The books are selected keeping in mind that one of the mandates of NLUJ Law Review is to promote quality scholarship especially of young Indian academics and scholars whether based in India or abroad whose works are often given lesser credit then they deserve in the Indian legal academia. The book review shall entail an examination of ideas promoted by the author of the book from the point of view of originality, extent of analysis, and tenability.

Submission Guidelines

·         Authors shall make all submissions (articles, book reviews and notes/comments) in Word format (‘.doc’ or ‘.docx’) as an e-mail attachment to lawreviewnluj@gmail.com, with the subject ‘Submission of manuscript’. PDF/other formats will not be accepted.
·         The main text of the paper should be in font size 12, Garamond, 1.5 line spacing and footnotes in font size 10, Garamond, 1.0 line spacing. Legal maxims should be in italics.
·         Deadline: The submissions must reach latest by 31st August, 2014.
·         Text and citations should conform to A Uniform System of Citation (19th ed. 2010) (“The Bluebook”). Footnotes are strongly preferred over endnotes.
·         Co-authoring of papers is permissible only for ‘Articles’. Co-authored papers/papers with multiple authors should not exceed more than two authors.
·         All works must be original and unpublished. The submissions should not be plagiarized wholly or in part from any sources.
·         No abstract is required for Book Reviews or Case Comments/Legislative Reviews.
·         Please indicate your name, contact number and any other information you deem important, in the body of your email. Your name, affiliation or any other identifying information should not be included in any part of the submission.
·         All questions and queries can be addressed to lawreviewnluj@gmail.com.

Tuesday, July 8, 2014

Bay of Bengal Maritime Boundary Arbitration between Bangladesh and India: Award

We had previously blogged about the dispute between Bangladesh and India on the delimitation of maritime boundary in the Bay of Bengal (here). The arbitral tribunal consisting of Professor Dr. Rüdiger Wolfrum, (President), Judge Thomas A. Mensah, Dr. Pemmaraju Sreenivasa Rao, Professor Ivan Shearer and Judge Jean-Pierre Cot has passed an award on 07.07.2014 delimiting the boundaries of Bangladesh and India. Although Dr. Pemmaraju Rao concurred with the tribunal on several aspects, he disagreed with the majority on aspects pertaining to adjustment of provisional equidistant line, creation of grey area due to the adjustment of provisional equidistant line.

The award and all relevant documents, including the Permanent Court of Arbitration Press Release are available here. Hats off to PCA for providing all the main documents pertaining to the arbitration.
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