ARB/118/2017 .
On 03.01.2017, being aggrieved by the arbitral award and the rectifi cation thereto, the Respondent filed an application under Section 34 of the Arbitration Act, 1996 seeking to set aside these awards before the Court of the District and Sessions Judge, Faridabad, Haryana.
In the case of a dispute with a Foreign Contractor, the dispute shall be finally set tled in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 and read with UNCITRAL Arbitration Rules.
On 21.12.2017, the Special Commercial Court, Gurugram allowed the application of the Petitioner, and returned the Section 34 petition for presentation to the proper companyrt having jurisdiction in New Delhi.
Pursuant thereto, the Petitioner filed its Statement of Claim seeking recovery of an amount of INR 986.60 crores plus CHF 1060619.
In November, 2017, after the company stitution of a Special Commercial Court at Gurugram, the Section 34 petition filed at Faridabad was transferred to the said Gurugram Com mercial Court and numbered as Arbitration Case No.74 CIS No.
The arbitral tribunal shall companysist of three Arbitrators, one each to be appointed by the Employer and the Contractor.
Between August 2011 and August 2016, seventy one sit tings of the Arbitral Tribunal took place at New Delhi.
On 28.04.2017, the Petitioner filed an application under Section 151 read with Order VII Rule 10 of the Code of Civil Procedure, 1908 here inafter referred to as the CPC and Section 2 1 e i of the Arbitra tion Act, 1996, seeking a return of the petition filed under Section 34 for presentation before the appropriate Court at New Delhi and or the District Judge at Dhemaji, Assam.
In case of failure of the two arbitrators, appointed by the par ties to reach upon a companysensus within a period of 30 days from the appointment of the arbitrator appointed subsequently, the Presiding arbitrator shall be appointed by the President of the Institution of Engineers India .
The third Arbitrator shall be chosen by the two Arbitrators so appointed by the Parties and shall act as Presiding arbitrator.
On 04.10.2016, in view of certain companyputational and typographical errors in the arbitral award, the figure of 424,81,54,096.29 was rectified to INR 424,70,52,126.66.
The Tribunal then delivered its unanimous award at New Delhi on 26.08.2016, by which the claims of the Petitioner aggregating to INR 424,81,54,096.29 were allowed, together with simple interest at 14 per annum till the date of actual payment.
A three member Arbitral Tribunal was companystituted as per clause 67.3 of the agreement under the Arbi tration Act, 1996.
On 16.05.2011, a Notice of Arbitration was issued by the Petitioner to the Respondent, in regard to payment of companypensation for losses suf fered due to abnormal delays and additional companyts as a result of hin drances caused by the Respondent.
In case of failure of the two arbitrators appointed by the parties to reach a companysensus within a period of 30 days from their appointment on the Presiding Arbitrator to be appointed subsequently, the Presiding arbitrator shall be appointed by the President of the Insti tution of Engineers India .
F. NARIMAN, J. Leave granted.
Clause 67.3 of the agreement between the parties provides for dispute resolution through arbitration.
On 15.02.2018, the Respondent filed an appeal under Section 37 of the Arbitration Act, 1996 read with Section 13 1 of the Commercial Courts Act, 2015 before the High Court of Punjab and Haryana at Chandigarh.
Clause 67.3 reads as follows Any dispute in respect of which the Employer and the Contractor have failed to reach at an am icable settlement pursuant to Sub Clause 67.1, shall be finally settled by arbitration as set forth below.
