Alerts & Updates 29th Aug 2018

ELP Arbitration Weekly Update

Latest Thought Leadership

Newsletter/Booklets 6th Feb 2026

Capital Markets Newsletter: January 2026

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Alerts & Updates 6th Feb 2026

Key Changes under the IFSCA (Fund Management) (Amendment) Regulations, 2026 – An Analysis

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Newsletter/Booklets 5th Feb 2026

Trade Newsletter: January 2026

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Alerts & Updates 5th Feb 2026

SEBI proposes to ease the “fit and proper criteria” under SEBI (Intermediaries) Regulations, 2008 for ease of compliance and doing business

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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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