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ARTICLE · 19 JULY 2024

Criticizing The Government Memorandum Dated 03.06.2024: A Roadblock To Arbitration

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The Government of India recently released an Office Memorandum dated 03.06.2024 (hereinafter, "the Memorandum") on Arbitration and Mediation in Public Procurement Contracts.

IndiaLitigation, Mediation & Arbitration
Rahul Saraswat
Rahul Saraswat
Aayush Mishra
Aayush Mishra
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The Government of India recently released an Office Memorandum dated 03.06.2024 (hereinafter, "the Memorandum") on Arbitration and Mediation in Public Procurement Contracts. The said Memorandum has blown a whiff of turbulence in the legal community specially when the Government itself is promoting India as a hub of Arbitration. The Memorandum comes with certain new-fangled assumptions, falling in the extremities of logic and reason. The essence that the Memorandum emanates is to push entities to pursue mediation as a mode of dispute settlement mechanism. While the objective looks sensible, the way it has been projected seems problematic and disdained.

For convenience and clarity, following are the takeaways from the Memorandum of the Government of India (exact wordings of the Memorandum retained herewith for accuracy):

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