“Infrastructure Arbitration – a perspective”
(with special emphasis on road sector)
by Mr. Manoj K Singh, Founding Partner, Singh & Associates
The Book discusses road infrastructure project, despite its title, this book is not merely relevant with road infrastructure project but also deals with all types of Infrastructure Project.
This book covers in detailed about Infrastructure Arbitration that that can be reference tool for all Infrastructure Disputes. It deserve a place in all construction professionals, and construction lawyer’s libraries.
It covers overview of Infrastructure Sector in India as well as detailed coverage of many essential aspect of Infrastructure Sector. It has covered distribution of legislative powers for infrastructure-related items. Further it deals with history of infrastructure development in India and current scenario of infrastructure and the principal reasons which leading to disputes in Infrastructure industry.
It provides outlines of Arbitration Law which includes, scheme of the Act, mandatory requirement of arbitration agreement, appointment of Arbitrator, jurisdiction of Arbitral Tribunal, Time limit for Arbitral Award, Issue regarding arbitrator’s fee, Arbitration Council of India, Recourse against arbitral award, Scope of interference by the court and Public Policy etc.
It also covers history of Road Infrastructure and how India has become one of the largest road networks in the world with about 59 lakh km of road length. It also discusses recent development in Road Infrastructure. Further it deals with types of PPP Projects in India which include: Engineering, Procurement and Construction (EPC) model, Toll model, Annuity model, Build, Own, Operate and Transfer (BOOT), Operation and Maintenance (O&M), Toll Operate and Transfer (TOT) etc. It also discusses impact of PPP on road development and various initiative by Indian government to accelerate private sector investment in road sector.
Further this book deals with Risk and Claim Management. It also discusses about guidelines of Central Vigilance Commission of India regarding tenders. Further it explain about FIDIC form of contracts and also deals with one of the major issue of Road Infrastructure i.e. Right of Way. Further it deals with the major claims of Infrastructure Dispute i.e. Idling of Manpower and Machinery, Extension of Time, Overheads, loss of profit, In Terrorem clauses, Price escalation clauses, Change of scope, concept of damages and also discusses formulas for Computation of Overhead and profit i.e. Hudson, Emden and Eichley.
Further this book also covers the fundamental of principle Evidence and Discovery which are one of the most important stages in any Infrastructure Disputes. It also deals in depth on types of evidence, best evidence rule, Principle of Convenience and Necessity, burden of proof, adverse inference, Emerging Trends for Discovery in the Field of Arbitration, Expert Evidence, and Cross Examination etc.
It important to mention here that this book has discusses is the first authority in India which discusses applicability of Penta Test in commercial contract, Interpretation of Endeavour Clause, Quantum Meruit, Commercial Impartibility, Consequences of Delay in Releasing of Payment
and one of the recent development in jurisprudence i.e. relational contract,
which is unheard in India till now.
This book has covered massive jurisprudence and legislative efforts coupled with the statutes that have tried to determine very vast issue of Infrastructure Disputes.