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§ II

Case Studies

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In Re case-study

Case Study: Delhi Metro Rail Corporation Ltd. v. Delhi Airport Metro Express Pvt. Ltd.

The Supreme Court allowed DMRC’s curative petition, setting aside a "patently illegal" arbitral award. The Court ruled that conflating "curing defects" with "taking effective steps" and ignoring vital CMRS safety evidence caused a grave miscarriage of justice, creating an undeserved windfall.
2026 · 11 min read Held
Judgment
In Re case-study

Case Study: Rejanish K.V. v. K. Deepa

The Supreme Court in Rejanish K.V. v. K. Deepa (2025) held that judicial officers with seven years of prior advocacy are eligible for direct recruitment as District Judges under Article 233(2), overruling Dheeraj Mor and affirming equality in eligibility.
2025 · 6 min read Held
Judgment
In Re case-study

Case Study: Sri Hansraj Koley v. The Secretary, Labour Department and Others

In Sri Hansraj Koley v. The Secretary, Labour Department (WPA 10043 of 2025), Calcutta HC held guest faculty not a "workman" under Industrial Dispute Act, 1947, as they are not regularly employed and receive honorarium, not wages, dismissing the writ petition.
2025 · 2 min read Held
Judgment
In Re case-study

Case Study: Philip Morris v. Uruguay

The Philip Morris v. Uruguay case reaffirmed states' rights to regulate in the public interest, particularly for health measures. The ICSID tribunal ruled that Uruguay's tobacco regulations did not constitute expropriation or unfair treatment, setting a key precedent.
2025 · 5 min read Held
Judgment
In Re case-study

Case Study: Siemens A.G. v. The Argentine Republic

The Siemens v. Argentina case reaffirmed investor protections under BITs, ruling Argentina’s termination of Siemens’ contract as unlawful expropriation. The ICSID tribunal awarded Siemens over $217 million, reinforcing fair treatment and state obligations in investment disputes.
2025 · 5 min read Held
Judgment
In Re case-study

Case Study: SD Myers v. Canada

The SD Myers v. Canada case set key precedents in NAFTA arbitration, clarifying national treatment, minimum standard of treatment, and damages in non-expropriation cases. The Tribunal found Canada's PCB export ban discriminatory, awarding SDMI CAN$6 million in compensation.
2025 · 5 min read Held
Judgment
In Re case-study

Case Study: Metalclad Corp. v. United Mexican States

Metalclad v. Mexico highlights indirect expropriation under NAFTA, where regulatory actions deprived an investor of economic use. The tribunal ruled in favor of Metalclad, awarding $16.5M, but a Canadian court partially annulled the decision, limiting its scope.
2025 · 5 min read Held
Judgment
In Re case-study

Case Study: Tecnicas Medioambientales Tacmed S.A. (Tecmed) v. Mexico

The Tecmed v. Mexico case (ICSID Case No. ARB(AF)/00/2) established that politically motivated regulatory actions can constitute expropriation. The tribunal ruled that Mexico’s refusal to renew a landfill permit violated investor protections, awarding $5.5M in damages.
2025 · 4 min read Held
Judgment
Columns 19 min read

Implementing the RBI's 2026 Model Risk Guidance: Frameworks, Validation, Frontier AI, and the India Context

Technical and operational guide to implementing the RBI's 2026 Model Risk Management draft. NIST AI RMF and ISO/IEC 42001 as anchors, the SR 11-7 lineage, validation toolkit and its limits on foundation models, frontier AI risks, IndiaAI Mission, and a ten-point implementation checklist.

Sushant Shukla
Contributor
Jun 26
Columns 18 min read

The Legal Architecture Around the RBI's 2026 Model Risk Draft: DPDPA, CPA, Competition Act, and the IMAI Question

How the RBI's 2026 Model Risk Management draft interacts with the Digital Personal Data Protection Act, the Consumer Protection Act, the Competition Act, and the Supreme Court's IMAI judgment on guidance enforceability. Five regulatory-interaction clauses the final Guidance should add.

Sushant Shukla
Contributor
Jun 26
Columns 20 min read

Twenty-four Asks of the RBI: A Detailed Comment on the 2026 Model Risk Management Draft

A clause-by-clause comment record on the RBI's 2026 draft Guidance on Model Risk Management. Proportionality, definitions, the black-box validation problem at paragraph 46, kill-switch operationalisation, DPDPA interaction, and a phased 18, 24, 36 month rollout. Twenty-four asks in one place.

Sushant Shukla
Contributor
Jun 26
Columns 24 min read

One Rulebook for the G-Sec Market: Decoding the RBI's 2026 Draft Master Direction on Secondary Market Transactions in Government Securities

The Reserve Bank's draft Master Direction collapses 36 legacy circulars into one rulebook for secondary market trading in Government securities. T+1 settlement as default, calibrated When Issued limits, short sale codified for all eligible entities, and a defined FEMA pathway for non-residents.

Sushant Shukla
Contributor
Jun 26
Columns 22 min read

From Credit Models to Frontier AI: Inside the RBI's 2026 Draft Guidance on Model Risk Management

The RBI's draft Guidance on Model Risk Management, 2026 puts every model used by India's banks, NBFCs and FIs, statistical, algorithmic and AI alike, under a single Board-owned framework, and writes the regulator's first detailed AI rulebook. A clause-by-clause analysis.

Sushant Shukla
Contributor
Jun 25
Columns 1 min read

How Does India's Securities Regulator Actually Work?

An empirical study of 35,417 SEBI orders — settlements, adjudications, whole-time-member directions and tribunal appeals from 1995 to 2026 — answering ten questions about how India's securities regulator really enforces the law.

Legal Wires
Contributor
May 25
Columns 18 min read

Navigating without a Helmsman vis-à-vis liability for Maritime autonomous surface ships under Singapore Law

Maritime tort law assumes a human helmsman whose negligence can be tested against the reasonable mariner. Autonomous vessels obliterate that assumption. This article maps how Singapore's Spandeck framework, COLREGs, and limitation regimes hold — or fail — when no one is at the wheel.

Anish Sinha
Contributor
May 04
Columns 12 min read

The Punjab Anti-Sacrilege Law, 2026: The High Constitutional Costs of Legislating in Fear

The Punjab Amendment Act 2026 prescribes harsher sacrilege sentences than Pakistan’s blasphemy law. A constitutional analysis of legislative competence, repugnancy with BNS, vagueness, and proportionality.

Anish Sinha
Contributor
Apr 29
§ IV

Lex-O-Pedia

Explore Lex-O-Pedia →
Def. lex-o-pedia
How are Ownership of Different Rights and Duration of Copyright Protection Regulated Under Copyright Law?
Indian Copyright Act defines who controls a work and for how long. While authors usually hold rights, exceptions exist. Ownership and duration exist to balance between creator incentives and public access.
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Def. lex-o-pedia
What is the Role of Sections 3 and 4 in the Indian Patent Law?
The Indian Patent Act (Sections 3 & 4) prevents monopolies on non-patentable items like traditional knowledge, atomic energy, and mere discoveries. Landmark cases like Novartis reinforce that incremental changes must show "enhanced efficacy" to protect public interest and genuine innovation.
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Def. lex-o-pedia
How does Censorship in Films affect the Right to Freedom of Speech and Expression?
Understand film censorship in India through the lens of the CBFC, the Cinematograph Act 1952, and Article 19(1)(a). Explore how courts balance free speech with reasonable restrictions, key cases like K.A. Abbas and S. Rangarajan, and the evolving film certification framework including U/A grades.
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Def. lex-o-pedia
What is Compelled Speech under Indian Media Law and Constitutional Law ?
Exploring compelled speech under Indian media and constitutional law — the right to speak and the right to silence under Article 19(1)(a), with analysis of Bijoe Emmanuel, the national anthem case, and emerging challenges in digital media regulation.
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Def. lex-o-pedia
Will Force Majeure apply to the impending LPG crisis in India?
Will a wave of force majeure litigation hit Indian courts and will it be successful?
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Def. lex-o-pedia
What is the impact of Globalization on Investment Law?
Globalization has transformed investment law, shaping foreign direct investment (FDI) flows, regulatory frameworks, and investor protections. Bilateral treaties, dispute mechanisms, and economic integration reflect the evolving legal landscape of cross-border investments.
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Def. lex-o-pedia
What is the role of the International Centre for Settlement of Investment Disputes (ICSID)?
The International Centre for Settlement of Investment Disputes (ICSID) provides a neutral forum for resolving disputes between states and foreign investors. Established in 1966 under the ICSID Convention, it ensures impartial arbitration and conciliation, fostering investment stability.
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Def. lex-o-pedia
What are Bilateral Investment Treaties (BITS)?
Bilateral Investment Treaties (BITs) are agreements between two states that protect foreign investors by ensuring fair treatment, preventing expropriation, and providing dispute resolution mechanisms.
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