State Cannot be ‘Judge in Its Own Cause’: Supreme Court Strikes Down Clauses Ousting Judicial Review in Public Contracts

The Supreme Court of India has held that the non-negotiable principles of the Rule of Law are central to the interpretation of contractual clauses, especially when the State or its instrumentalities are parties. A Bench comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan set aside a High Court judgment that had nullified an arbitral award

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