M/A PSA MUMBAI INVESTMENTS PTE. LIMITED vs THE BOARD OF TRUSTEES OF THE JAWAHARLAL NEHRU PORT TRUST

The Supreme Court addressed the validity of the RFQ and RFP process for the 4th Container Terminal Project at Jawaharlal Nehru Port, emphasizing that these documents do not constitute a binding agreement between the parties as per the disclaimer included. The Court held that the Jawaharlal Nehru Port Trust retains the right to annul the bidding process without assigning reasons until a Concession Agreement is signed, thereby establishing that the bid process is governed by Indian law and exclusive jurisdiction lies with Mumbai courts. The arbitration clause within the draft Concession Agreement was also highlighted as a significant aspect of the bidding process.