Kavitha Gupta's blog

Every breach not justifiable merely on invocation of COVID-19 as a force majeure Lakshmikumaran & Sridhara India   June 15 2020 The Delhi High Court has recently held that every breach or non-performance cannot be justified or excused merely on the invocation of COVID-19 as a  force majeure  condition. The High Court was of the view that it would have to assess the conduct of the parties prior to the outbreak, the deadlines that were imposed in the contract, the steps that were to be taken, the various compliances that were required to be made and only then assess as to whether, genuinely, a party was prevented or is able to justify its non-performance due to the pandemic. Observing that the parties ought to be compelled to adhere to contractual terms and conditions and excusing non-performance would be only in exceptional situations, the Court in the case of  Halliburton Offshore Services v. Vedanta Limited  reiterated that a  force ...

India:  The Unresolved Controversy – Can Two Indian Parties Choose Foreign Seated Arbitration And Foreign Law To Resolve Their Disputes? 22 June 2017 by  Lomesh K. Nidumuri IndusLaw The question of whether two Indian parties can have a seat of arbitration outside India and choose foreign law to resolve disputes continues to remain a vexed issue. The Supreme Court recently had an opportunity to decide this controversy in the case of  Sasan Power Ltd., v. North American Coal Corporation India Private Limited 1  (" Sasan SC case "). However, the Supreme Court did not decide the issue in the light of the facts before it. Confusion and ambiguity still persists and Indian companies/parties are not sure if they can choose a foreign seated arbitration with the choice of foreign law, and thereafter seek to enforce the foreign arbitral award in India.  It would be useful to trace the jurisprudence on this issue. The Bombay High C...