top of page
Home
Raising the Bar Podcast
Raising the Bar Newsletter
The Arbitration Consultant
Raising the Bar with Gaurav!
Play Video
Play Video
02:03
A (near) complete guide to Arbitration and Contract Law Practice.
If you want a quick fire yet detailed guide to learning Arbitration, Contract Law and Evidence for claims – read the Judgment from the Bombay High Court in Mumbai Metropolitan Region Development Authority v. Mumbai Metro One Private Limited 2026 SCC OnLine Bom 1479. It discusses the following: 1. Scope of Powers under Section 34. - All the principles neatly distilled in 3 paragraphs. 2. Evidence of Quantification for grant of claims - When is guesstimation allowed and when it is not. If no evidence, the guesstimation is insufficient and award liable to be set aside. Guesstimation can only be done when some evidence of quantification is present, and the Arbitral Tribunal then analyses the evidence to reach an appropriate amount. 3. A clear distinction between Loss of Profits, Loss of Profitability and Loss of Business Opportunity - How loss of profits is simpler to prove as they relate to wrongful termination of the contract and loss of profitability are delay claims where the threshold to grant damages is very high. Finally, a categorical finding that a bare assertion that the Claimant would have been able to earn profits or interest elsewhere is insufficient for grant of claim. 4. Meaning of change of scope - when can re-imbursement be granted for the increased expenses on change of scope and also the crucial evidentiary requirement to grant the damages i.e. the billing provided by the supplier and the sub-contractor for the extra work done. 5. Right of Way and Encumbrances - The crucial factor being whether encumbrance means physical encumbrance or legal encumbrance. This is critical as many construction delay disputes start from whether the Right of Way was provided in time by the Employer and what exactly amounts to Right of Way. 6. Extension of Concession Period as Damages - Whether extension of concession period was adequate to compensate for the delay claims or whether the Claimant is entitled to re-imbursement of the construction costs for the delay. It is rare to find so many critical construction arbitration issues being discussed in a single judgment, but we have got one gem which did discuss those issues, and it is a must read for arbitration and contract law enthusiasts.
Play Video
Play Video
00:42
Early Days in Mumbai - Gautam Mohanty
Play Video
Play Video
01:44
Writing Articles - Gautam Mohanty
Play Video
Play Video
02:19
Value of Networking for Lawyers - Gautam Mohanty
Play Video
Play Video
01:19
Working with an Arbitrator - Gautam Mohanty
Play Video
Play Video
47:23
Episode #6 - Gautam Mohanty
The First Full Video Podcast of the Channel is here. With none other than Gautam Mohanty. He is an Advocate working in Arbitrations in India. He has experience of over 10 years in arbitration and has worked as a Judicial Clerk to Retd. Supreme Court Judges assisting them in their Arbitration duties. He is a BBA.LLB(Hons.) graduate from NLU Odisha, earned his Master's Degree from Central European University, Budapest and is currently a Doctoral Candidate at Kozminski University. My connection with him also deeply personal because he is my Hostel Roommate from my days at NLUO and my Co-Founder on The Arbitration Workshop Blog (TAW). We shot this Podcast in November 2025, hence the sweater and flannel. Hope you enjoy the Podcast as much as we enjoyed the creative process. 00:00 - Introduction to First Video Podcast - and our 1st Guest : Gautam Mohanty. 01:51 - Why law? CLAT Exam and entering National Law University Odisha in 2010. 04:25 - Career Plans v. Reality Check - Post Law School 06:30 - Quitting the first Job and first experience with Arbitration and the Mumbai experience. 08:35 - Master's at Central European University, Budapest 11:45 - Coming back to India - Working with an Arbitrator. 13:10 - Entering Academia - Jindal Global Law School. 15:30 - Publishing articles on Arbitration Law & Co-founding the Arbitration Workshop Blog. 21:54 - Pursuing Ph.D. at Kozminski University, Warsaw. - Scholarships et al. 27:45 - Paris Arbitration Academy and the importance of networking. 30:00 - The Academic v. Professional value of Ph.D. & Researching at Other Universities - Cambridge, UK & Burgundy, France. 35:10 - India v. Abroad - Culture Surprise 36:13 - Growth of Arbitration in India and advice for Students and experience of working as an Of Counsel at Gessel, Poland. 40:53 - Time Management, Energy and Being Healthy! 43:52 - Forget Arbitration - Contract law is key! 45:57 - This is the end!
Play Video
Play Video
02:52
Episode #5 - The Value of Contemporaneous Documents in Arbitration
Play Video
Play Video
02:31
Episode #4 - Honest Guesswork to calculate damages in Arbitration - Words of Caution.
bottom of page