Introduction

1.1 Both these petitions are filed under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’) against the Award dated 16th February, 2005 of the learned Sole Arbitrator. By the said Award most of the claims of the Respondent National Aluminum Co. Ltd. (‘NALCO’), a Government of India undertaking engaged inter alia in the mining of bauxite and the manufacture and sale of alumina and aluminium, against the Petitioner Peak Chemical Corporation (‘PEAK’), a company incorporated under the laws of Illinois, U.S.A were allowed and the counter-claims of PEAK were rejected. The dispute between the parties concerned the supplies of caustic soda lye by PEAK to NALCO.

1.2 While PEAK has filed O.M.P. No. 160 of 2005 challenging the impugned Award, NALCO has filed O.M.P. No. 454 of 2005 to the extent that the learned Arbitrator has in answering Issue No.7 held that NALCO was obliged to invite PEAK to participate in the risk purchase to mitigate the damage allegedly suffered by NALCO. NALCO’s petition time barred

2. PEAK’s O.M.P. No. 160 of 2005 was filed on 9th May 2005, whereas NALCO’s O.M.P. No. 454 of 2005 was filed on 16th May 2005. On the first date of hear