TMI Blog2018 (4) TMI 781X X X X Extracts X X X X X X X X Extracts X X X X ..... the number of arbitrators, provided, it is an odd number, as well as the procedure for appointing them - Justice Amitava Roy, a former Judge of this Court, is appointed as the sole Arbitrator to adjudicate the disputes between the parties on such fees he may fix. Petition disposed off. - Arbitration Case (C) No. 53 of 2016, Arbitration Case (C) No. 63 of 2016, Arbitration Case (C) No. 54 of 2016 And Arbitration Case (C) No. 57 of 2016 - - - Dated:- 16-4-2018 - Mr. R.K. Agrawal And Mr. S. Abdul Nazeer JJ. For the Petitioner(s) : Mr. Shibashish Misra, AOR And Mr. Merusagar Samantaray, AOR For the Respondent(s) : Mr. Abhijat P. Medh, AOR JUDGMENT R.K.Agrawal J. 1) The IBI Consultancy India Private Limited-the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... existing 2-Lane Road to 4-Lane dual carriageway between Km 413.200 to Km 488.270 on NH-24 in the State of Uttar Pradesh. Second subsidiary Company of the respondent-Company is Raipur Expressway Limited (REL), which is also a special purpose vehicle (SPV) of the respondent-Company and has signed a Concession Agreement with the NHAI for developing the Raipur-Aurang Highway Project (REL Project) for widening the existing 2-lane Road to 4-Lane dual carriageway between Km 239 to Km 281 on NH-6 in the State of Chhattisgarh. 4) Vide e-mail dated 16.02.2010, the respondent-Company sent a Request for Proposal (RFP) to the petitioner-Company, inviting technical and commercial proposal for their LSEL and REL Projects. Vide letter dated 07.06.2010, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roup and the petitioner-herein filed petitions under Section 11 of the Act before the High Court being Arbitration Petition Nos. 443, 448, 444 and 449 of 2014 before the High Court of Delhi at New Delhi. Learned single Judge of the High Court, vide order dated 24.02.2015, disposed of the petitions while holding that since one of the parties to the petition is an entity incorporated outside India, therefore, the arbitration of the dispute involving such an entity would be an international commercial arbitration within the meaning of Section 2(1)(f) of the Act and for seeking appointment of an Arbitrator in a dispute involving such an entity, an application will have to be filed before the Supreme Court under Section 11(9) of the Act. The p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i) This Contract Agreement and Appendices hereto (ii) Letter or indent ref no. No LSEL/Tolling/IBI/HO-2 dated 14th June 2010 .. Clause 3.14 Arbitration (as mentioned in ref. No LSEL/Tolling/IBI/HO-1 dated 14th June 2010) 1. In the event of any dispute or difference arising out or touching upon any of the terms and conditions of this contract and /or in relation to the implementation or interpretation hereof, the same shall be resolved initially by mutual discussion and conciliation but in the event of failure thereof, the same shall be referred to an independent arbitrator mutually agreed by the two parties. The decision of the arbitrator shall be final and binding upon the parties. The arbitration shall be in Delhi and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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