A Wake-Up Call on Confidentiality Clauses: The Tata Power v. Kleros Capital Case:

The 2025 ruling by SIAC in the Tata Power vs. Kleros Capital Partners dispute serves as a powerful reminder of the enforceability and commercial weight of confidentiality and non-circumvention clauses in Non-Disclosure Agreement (NDA). In this case, reportedly stemming from alleged breaches of a NDA related to a proposed coal mining project in Russia, the tribunal awarded over USD 490 million in damages to Kleros Capital (including interest and legal costs).

The takeaway? Confidentiality clauses are not boilerplate—they are binding. For legal teams and businesses alike, this is a strong reminder: treat NDAs seriously from day one. Missteps, even early on, can lead to massive legal and reputational fallout.