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2018 Supreme(Del) 1530

NAVIN CHAWLA
BHARAT HEAVY ELECTRICALS LIMITED – Appellant
Versus
G+H SCHALLSCHUTZ GMBH – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ciccu Mukhopadhyay, Sr. Adv. with Mr. Abhijeet Sinha, Mr. Saurav Agrawal, Mr. S. Tiwari, Ms. Rashmi Gogoi, Advs.
For the Respondent: Mr. Abhimanyu Bhandari, Ms. Roohina Dua, Mr. Cheitanya Madan, Advs.

JUDGMENT :

1. This petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) challenging the Interim Award dated 31.10.2017 passed by the Arbitral Tribunal appointed by the parties in terms of Clause 16 of the Purchase Order No.B3V6474 dated 03.01.2014. The Arbitral Tribunal by its Impugned Award has inter-alia held as under :

“194. For the foregoing reasons, the Tribunal renders the following decisions :

(a) the Purchase Order is subject to Indian law;

(b) the Purchase Order was frustrated with effect from 27 March 2015;

(c) Claimant is entitled to rely upon, and Respondent is in breach of, the provisions of Clause 25 of the Purchase Order;

(d) the jurisdiction of the Tribunal to hear the Parties on damages arising from the said breach is expressly reserved, as is the Tribunal's jurisdiction as to costs.”

2. The facts giving rise to the disputes between the parties can be summarised as under :

(a) The petitioner was charged with the construction of a power plant in Marib, Yemen by the Public Electric Company of Yemen(PEC);

(b) On 29.04.2013, the petitioner commenced an internal process to identify the potential vendors for










































































































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