1. The above petitions have been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) challenging the award dated 17th March, 2015 passed by the Arbitral Tribunal consisting of three Arbitrators.

2. MAPEX Infrastructure Pvt. Ltd. will be referred to as ‘MAPEX’ while National Highways Authority of India will be referred to as ‘NHAI’ in the present judgment.

3. The disputes between the parties are in relation to the contract for Four Laning including Strengthening of Existing Two Lane Pavement of National Highway No.2 from Panagarh (Km 517) to Palsit (Km 581.457) Section in the State of West Bengal which was awarded by the NHAI vide Letter of Acceptance No. NHAI/12018/3/2000/GM(E-III) Tech dated 26 September 2001 issued to the Consortium of M/s Gamuda-WCT Joint Venture.

4. MAPEX was incorporated as a Special Purpose Vehicle to implement the project and accordingly, a Concession Agreement was entered into between NHAI and MAPEX on 21st November, 2001.

5. The project was awarded on Build, Operate and Transfer (BOT) basis