Alerts & Updates 29th Aug 2018

ELP Arbitration Weekly Update

Latest Thought Leadership

international trades
Alerts & Updates 30th Sep 2026

BIS Update: Temporary Suspension of the Linear Alkyl Benzene Quality Control Order

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Alerts & Updates 25th Sep 2026

Key decisions taken in the SEBI Board Meeting dated 24th September 2026

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international trades
Alerts & Updates 24th Sep 2026

ELP Sanctions Update – Foreign Sanctions and Contractual Obligations: Delhi High Court Directs Resumption of SAP Support Services to Nayara Energy

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Alerts & Updates 22nd Sep 2026

Sanctions Update – Lindsey O. Graham Sanctioning Russia and Iran Act of 2026 and Implications for India

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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.

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