Journal Article
Author(s): Rajiv Yadav

Arbitration in Electricity Matters: A Discordant Note Struck by Supreme Court of India (2020) 5 SCC J-12

In this article published in the Supreme Court Cases (SCC) Journal section, Rajiv Yadav argues that the judgment of the Supreme Court in Gujarat Urja Nigam Ltd. v. Essar Power Ltd. [(2008) 4 SCC 755] having been passed dehors the settled principles of statutory interpretation, is per incuriam and the same needs to be revisited by the Supreme Court as and when the opportunity presents itself in an appropriate case so that the right of power sector entities to have recourse to the alternative adjudicatory mechanism of “arbitration” is not subjected to the additional (discriminatory) requirement of approval of SERCs.