Can Take Or Pay Clauses Be Enforced Without Meeting Liquidated Damages Conditions?
Introduction In our earlier article titled “Take or Pay Clauses in Fuel Supply Agreements, Ship or Pay Clauses in Transportation Contracts in the Energy Sector – Part I,” we had examined how Indian courts and tribunals generally assess claims under Take or Pay Clauses (TOPC) through the lens of liquidated damages. Section 74 of the […]