M/A Psa Mumbai Investments Pte. Limited vs The Board Of Trustees Of The Jawaharlal ...

The Supreme Court held that the RFQ and RFP documents issued for the 4th Container Terminal Project did not create a binding agreement between the parties, as explicitly stated in their disclaimers. The Court emphasized that the bid process was governed by Indian law and that the Jawaharlal Nehru Port Trust had the right to annul the bid process without assigning reasons until a Concession Agreement was signed. The arbitration clause in the draft Concession Agreement was deemed enforceable under the Arbitration and Conciliation Act, 1996, establishing the principle that disputes arising from the bid process could be resolved through arbitration.