( 1 ) THIS is the second round of litigation between the parties. The question involved in the earlier petition, inter alia, was seeking declaration as to the existence, validity and effect (scope) of the Arbitration Agreement in respect of the claims raised by the Consortium vide its Request for Arbitration. By the present petition, the Gas Authority of India Ltd. (in short GAIL) has challenged additions/modifications of claims/disputes/questions lodged by respondents 1 to 3 led by Spie Capag S. A. (in short Consortium) which the Consortium did while filing its statement of claims before the Arbitral Tribunal and which the Arbitral Tribunal has incorporated in the draft Terms of Reference inspite of GAIL s protest. This action of the Consortium as well as of the Arbitrator, has been challenged, amongst others, on the following grounds :

(I) That the reference to Arbitral Tribunal was a restricted reference. Only those claims which were mentioned in Section VII and for which declaration was claimed in Sections VIII (2) and (3) of the Request for Arbitration could be entertained. (ii) That without making a fresh Request for additional/modified claims, the Consortium has inc