Tag: Infrastructure Contract

How a Defective Arbitration Clause & the Pandemic Shaped a Landmark Supreme Court Ruling on Limitation
1Dec By The Legal ChamberNo Comments
Supreme Court

How a Defective Arbitration Clause & the Pandemic Shaped a Landmark Supreme Court Ruling on Limitation

The Supreme Court held that an arbitration clause is not rendered invalid merely because the named arbitrator becomes statutorily ineligible; courts retain authority under Section 11(6) of the Arbitration Act to appoint a neutral arbitrator. Additionally, the limitation period for filing the application was extended by excluding the COVID-19 period from 15 March 2020 to 28 February 2022. Facts Of The Case: The appellant, Offshore Infrastructures Limited, was awarded a contract by the respondent, Bharat Petroleum Corporation Limited (formerly Bharat Oman Refineries Limited), for composite works at the Bina Refinery. The work, accepted on 31 December 2016, was to be completed by 30 May 2017 but was ultimately finished on 31 January 2018. The appellant raised its final bill on 20 Ma...
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Supreme Court Rules: Tender Conditions Must Be Clear, Can’t Reject Bids on Unstated Requirements
16Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Tender Conditions Must Be Clear, Can’t Reject Bids on Unstated Requirements

The Supreme Court ruled that tender conditions must be explicit and unambiguous. A bidder cannot be disqualified for non-submission of a document not expressly mandated by the tender. The tendering authority must act fairly and cannot impose hidden requirements, especially when a submitted certificate adequately demonstrates compliance with the stated criteria. Facts Of The Case: The case involved a tender issued by Madhya Pradesh Power Generating Co. Ltd. (MPPGCL) for coal beneficiation work. Maha Mineral, the appellant, submitted its bid relying on its past experience as a 45% partner in a Joint Venture (JV) named Hind Maha Mineral LLP. To prove this, it submitted a work execution certificate from the Maharashtra State Mining Corporation (MSMC), which explicitly stated its 45% share an...
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