Alerts & Updates 29th Aug 2018

ELP Arbitration Weekly Update

Latest Thought Leadership

Alerts & Updates 14th Jul 2025

Trade Watch – July 14, 2025

Read More
Articles 11th Jul 2025

SEZ Amendment Rules 2025: Targeted and swifter approach

Read More
News & Media 11th Jul 2025

Spoiled milk and rotten promises: Q-comm firms’ hygiene lapses threaten FMCG brand ties

Read More
Articles 10th Jul 2025

GST at Eight: Evolution, Challenges, and the Way Forward – A Legal Perspective

Read More

This week, we examine the decision of the Supreme Court in M.P. Power Generation Co. Ltd & Anr. v. Ansaldo Energia Spa & Anr.[1] The issue which arose before the Supreme Court was whether the arbitral award could be set aside on the grounds of patent illegality and conflict with public policy.

The Supreme Court reiterated the settled position of law that the court under Section 34(2) of the Arbitration and Conciliation Act, 1996 (“the Act”) does not act as a court of appeal while applying the ground of ‘public policy’ to an award and consequently errors of fact cannot be corrected under Section 34(2) of the Act.

While the Supreme Court upheld the findings of fact made in the Award, the Supreme Court examined the conditional bank guarantees and determined whether the invocation was premature, wrongful, and illegal.

Read More

Privacy Policy

As per the rules of the Bar Council of India, lawyers and law firms are not permitted to solicit work or advertise. By clicking on the "I Agree" button, you acknowledge and confirm that you are seeking information relating to Economic Laws Practice (ELP) of your own accord and there has been no advertisement, personal communication, solicitation, invitation or any other inducement of any sort whatsoever by or on behalf of ELP or any of its members to solicit any work through this website.