JUDGMENT :

Vibhu Bakhru, J.

Introduction

1. The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the ‘A&C Act’) impugning an Arbitral Award dated 02.11.2019 delivered by the Arbitral Tribunal comprising of three members – Justice (Retired) R.C. Jain, Justice (Retired) Devinder Gupta and Justice (Retired) Sunil Ambwani as the Presiding Arbitrator. The impugned award was rendered by majority by Justice (Retired) R.C. Jain and Justice (Retired) Sunil Ambwani concurring. Justice (Retired) Devinder Gupta entered a separate dissenting opinion.

2. The impugned award was rendered in the context of disputes that had arisen between the parties in connection with the Concession Agreement dated 08.05.2002 (hereafter the ‘Concession Agreement’). The petitioner’s claim for cost of constructing additional toll lanes was rejected as the Arbitral Tribunal (by majority), inter alia, found that the same was covered within the ‘scope of work’ under the Concession Agreement and, the petitioner was not entitled to any further payment i