Business Standard

Mitigating the uncertaint­y in contract execution

- SUDIPTO DEY

The Cabinet on Friday approved amendments to the Specific Relief Act, 1963, in a bid to ease enforcemen­t of contracts. The government is likely to introduce the Specific Relief (Amendment) Bill, 2017, in the winter session of Parliament Why was there a need to amend the Act?

The World Bank’s Ease of Doing Business global report places India at the 164th position on the enforcing contracts indicator. The time taken to enforce a contract in India is close to four years (1,445 days), according to the World Bank report.

The Act, which has not been amended in the past 54 years, deals with discretion­ary relief given to a party on breach of a contract. This usually involves contract-based infrastruc­ture and public-private partnershi­p developmen­t projects. The amendments are directed to curb uncertaint­y in contracts that arise out of the inability to ascertain monetary damages in case of a breach of contract. The amendment Bill is still not in the public domain. The government appointed an expert committee last year to suggest modificati­ons in the Act.

What were the recommenda­tions of the expert committee?

An expert group, led by Anand Desai, submitted its recommenda­tions to the law & justice ministry in June last year. The key highlights of the committee’s recommenda­tions were:

Make specific performanc­e the rule and damages the alternate remedy

Provide guidelines for reducing the discretion granted to courts and tribunals while granting performanc­e and injunctive reliefs

Introduce provisions for rights of third-parties

Any public work must progress without interrupti­on

How will the amendments improve ease of doing business?

Uncertaint­y in contract execution plays on the mind of investors, especially those involved in capital-intensive, long-duration projects, says Ramesh Vaidyanath­an, managing partner, Advaya Legal. “The amendments will boost investor confidence,” he says. Experts point out that any ease in enforcemen­t of contract brings down overall cost of doing business in India.

However, these amendments have to be followed up with setting up of more commercial courts in the country, along with intensive training for judges on matters related to commercial contracts, say legal experts.

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