Debarment Practices in Action: Developing an Analytical Framework for Assessing the Potential Implications of Intertwining of Debarment Actions with Arbitral or Judicial Proceedings

Abstract

Case law and procurement practices in India have seen an “intertwining” problem emerge in procurement contracts, as in debarment-related actions of procurement officials becoming dependent on successful conclusion of arbitral or criminal proceedings before other fora, particularly when the grounds for debarment are the same as, or similar to, the grounds for arbitration or criminal proceedings. This has happened in quite a few cases handled by High Courts in the past, and in at least one recent administrative decision, even when the Supreme Court of India appears to have laid down clear principles segregating debarment and judicial proceedings as early as in 1975. This short academic paper (working draft) develops initial problem statements and an analytical framework for studying this intertwining problem, with an intent to infuse additional insights, refinements and modifications based on other country practices, rules and case law for discussion during the Global Revolution Conference 2015.