The Petitioner, E-City Entertainment (I) Pvt. Limited (original respondent), (E-city) a private limited company (E-(III), having place of business at Mumbai, India, has invoked Section 34 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act) and prayed to set aside Partial Awards dated 9 February 2006 and 24 August 2007 and Final Award dated 27 March 2008 passed by the International Court of Arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC Rules).

Basic Events:-

2. The basic events are as under:

On 28 September 2000, Imax Ltd and E-city signed in Mumbai, a letter of intent dated 28 September 2000 (The agreement) leasing of 6 IMAX systems to be installed in India.

On 22 November 2000, they executed a contract under which Imax agreed to sell to E-city an IMAX 37 GT Projection system. On 21 December 2000, Imax entered into an agreement with Electronic Media Ltd (EML) and agreed to sell a single Imax cinema system. As alleged, EML failed to fulfill its obligations therefore, the ICC arbitration. (EML arbitration).

3. There arose disputes between the parties. Imax requested for Arbitration against EML and E-city