Introduction

1. These petitions arise out of a foreign Award dated 14th October 2011. The successful party in the arbitral proceedings NNR Global Logistics (Shanghai) Co. Ltd. (‘NNR’) has filed OMP No. 61 of 2012 under Sections 47 and 49 of the Arbitration and Conciliation Act, 1996 (‘Act’) seeking enforcement of the foreign Award. In the said petition, the unsuccessful party Aargus Global Logistics Pvt. Ltd. (‘Aargus’) has filed objections under Section 48 of the Act. Aargus has also filed OMP No. 201 of 2012 under Section 34 of the Act seeking the setting aside of the foreign Award. The grounds for setting aside the foreign Award are identical to the grounds urged by Aargus in the objection to the enforcement petition, i.e., OMP No. 61 of 2012.

Background

1. 2. The background to the petitions is that Aargus is a company incorporated in India having its registered office in Delhi and is engaged in the business of freight forwarding and associated international cargo services in India and abroad. NNR is a company incorporated under the laws of Peoples Republic of China having its head office in Shanghai. NNR is a joint venture between NNR Global Logistics (Japan) and Shan