Right of recourse claims based on latent defects in the nuclear energy sector in India: brace yourself for factintensive disputes

Abstract

This working paper is focused on trying to interpret the meaning of “latent defects” and analysing how a case were to unfold if an operator of nuclear installation were to exercise its right of recourse against a supplier in the event of supply of equipment or material with latent defects, as envisaged under the unique Section 17(b) of the Civil Liability for Nuclear Damage Act, 2010 (CLND Act), as adopted by the Indian Parliament. Therefore, this paper presumes and builds on the assumption of some prior knowledge of general nuclear law principles as well as the CLND Act and related debates. We welcome comments on any part of the paper.