JUDGMENT :

S. Ravindra Bhat, J.

1. Chennai Metro Rail Limited, the applicant (hereinafter referred to as “Chennai Metro”), a joint venture between the Central Government and the Government of Tamil Nadu, had, pursuant to a public tender, awarded the contract to the respondent (hereafter referred to as “Afcons”) have called for a project the total value of Rs. 1566 crores. The contract was signed on 31.01.2011. Eventually, on 15.04.2021, Afcons sought a reference of several heads of disputes to arbitration after certain interlocutory proceedings. Eventually on 29.04.2021, it was agreed that two dispute heads (claim 2(b) to 2(d)) and the Chennai Metro’s counter claim would be referred to a three-member tribunal under the Arbitration and Conciliation Act, 1996 (hereafter “the Act”). The tribunal was then constituted.

2. The tribunal by Minutes dated 14.05.2021 recorded the agreement of parties, that the hearing fee for each arbitrator (there were three members of the Tribunal) was fixed at Rs.1,00,000/- per session of hearing date. During the course of the proceedings, one member of the tribunal passed away and had to be substituted, which was done on 12.08.2021. The parties proceeded wi