Arbitrability of claims after issuing a No Claim Certificate in Construction Contracts

In the construction industry, especially where contracts are awarded by the Public Sector Utilities in India (“PSUs”), it is a prevalent practice to insist for a No-claim certificate (“NOC”) and/or No due Certificate from the Contractors before clearing the final bill/payment. The Contractors, who are rarely in a bargaining position and always in urgent needContinue reading “Arbitrability of claims after issuing a No Claim Certificate in Construction Contracts”

Is the Supreme Court in Ssangyong, wrong?

“Equity thus depending, essentially, upon the particular circumstances of each individual case, there can be no established rules and fixed precepts of equity laid down, without destroying its very essence, and reducing it to a positive law. And, on the other hand, the liberty of considering all cases in an equitable light must not beContinue reading “Is the Supreme Court in Ssangyong, wrong?”