JUDGMENT

Vibhu Bakhru, J. - M/s Wapcos Limited (hereinafter 'Wapcos') has filed the present appeal under Section 37(1)(c) of the Arbitration and Conciliation Act (hereinafter 'the A&C Act') impugning a common judgement dated 31.07.2020 (hereinafter 'the impugned judgement') passed by the learned Commercial Court, whereby it had rejected the applications filed by Wapcos and M/s C & C Energy Private Limited (hereinafter 'C&C') under Section 34 of the A&C Act. The parties had preferred their respective applications, impugning the award dated 13.06.2019  (hereinafter 'the impugned award') to the extent that they were aggrieved. Wapcos assails the impugned judgement to the limited extent that it rejects its application under Section 34 of the A&C Act [being OMP(Comm) No. 167/2009 captioned M/s WAPCOS Limited vs C & C Energy Private Limited].

Factual Background

2. On 18.09.2012, the Energy Water and Sanitation Authority of Rwanda (EWSA, Rwanda) awarded a contract to Wapcos for 'supervision of engineering-procurement-construction of 15 MW peat-to-power plant in Rwanda' (hereinafter 'the Project').

3. Thereafter, on 21.01.2013, Wapcos and C&C entered into an agreement (hereinafter 'the Agreeme