I.A.No.8471/2016

1. This application has been filed by the respondent under Section 48 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) inter-alia praying therein that the enforcement of the Foreign Award dated 07.01.2015 as subsequently amended on 09.02.2015 and 16.03.2015 along with the Supplementary Award dated 06.07.2015 be refused.

2. The disputes between the parties arose out of the Charter Party Agreement dated 21.07.2010 executed between the parties whereby the petitioner as “owner” chartered to the respondent “charterer” its ship “Hawk” for the carriage of a cargo of 2 Jack-up rigs from Malaysia to India.

3. Clause 29, Part-I read with Clause 39, Part-II of the Charter Party Agreement provided for resolution of disputes in accordance with the English Law through Arbitration in London conducted in accordance with the London Maritime Arbitrators Association (LMAA) Rules.

4. Clause 7, Part-I of the Charter Party provided for the discharging port to be Bharuch or Sikka, India. The parties later agreed that the discharging should take place at Bedi Bunder rather than at Bharuch or Sikka. The respondent informed the petitioner that for d