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2017 (10) TMI 1304 - SC - Indian LawsWhat is the effect of the change introduced by the Arbitration and Conciliation (Amendment) Act, 2015 with particular reference to Section 11(6) and the newly added Section 11(6A) of the Arbitration and Conciliation Act, 1996? Whether there has to be a Single Arbitral Tribunal for 'International Commercial Arbitration' or 'Multiple Arbitral Tribunals'? Held that: - Duro Felguera being a foreign company, for each of the disputes arising under New Package No.4 and Corporate Guarantee, International Commercial Arbitration Tribunal are to be constituted - Package No.6 (₹ 208,66,53,657/-); Package No.7 (₹ 59,14,65,706/-); Package No.8 (₹ 9,94,38,635/-); and Package No.9 (₹ 29,52,85, 558/-) have been awarded to the Indian company-FGI. Since the issues arising between the parties are inter-related, the same arbitral tribunal, Justice R.M. Lodha, Former Chief Justice of India, Justice D.R. Deshmukh, Former Judge of Chhattisgarh High Court and Justice M. N. Rao, Former Chief Justice of Himachal Pradesh High Court, shall separately constitute Domestic Arbitral Tribunals for resolving each of the disputes pertaining to Packages No.6, 7, 8 and 9. Arbitration petition allowed.
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