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2018 Supreme(SC) 1008

ROHINTON FALI NARIMAN, INDU MALHOTRA
Vedanta Ltd. – Appellant
Versus
Shenzen Shandong Nuclear Power Construction Co. Ltd. – Respondent


JUDGMENT :

Indu Malhotra, J.

Leave granted.

The present Special Leave Petition has been filed to challenge the judgment and order dated 30th August, 2018 passed by the Delhi High Court in an Appeal filed under Section 37 of the Arbitration & Conciliation Act, 1996 [hereinafter referred to as “the said Act”].

2. The factual matrix of the present case, briefly stated, is as under:

2.1 On 22nd May 2008, the Appellant and the Respondent-Company entered into four interrelated contracts for the construction of a 210MW Co-Generation Power Plant, viz.:-

i. Offshore Engineering and Technical Services Contract

ii. Offshore Supply Contract

iii. Onshore Services and Construction Contract

iv. Onshore Supply Contract

These contracts are hereinafter collectively referred to as the ‘EPC Contracts’.

2.2 Each of the four contracts contained an Arbitration Clause which is identically worded, which reads as under:

“Article 10

ARBITRATION

10.1 The parties hereto shall endeavor to settle all disputes and difference relating to and/or arising out of the Contract amicably.

10.2 In the event of the parties failing to resolve any dispute amicably the same shall be referred to Arbitration in accordance with the Arbitration



































































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