DELHI HIGH COURT
SANJEEV NARULA
Mcnally Bharat Engineering Company Limited – Appellant
Versus
Steel Authority of India Limited – Respondent
JUDGMENT
Sanjeev Narula, J. (Oral): The present petition under Section 39(2) of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"] is directed against the order dated 17th June, 2021 passed by the Arbitral Tribunal appointed under the Rules of Domestic Commercial Arbitration & Conciliation of the Indian Council of Arbitration ("ICA"), as amended w.e.f. 1st April, 2016 [hereinafter, "ICA Rules"].
THE FACTS
2.1. The Petitioner - M/s McNally Bharat Engineering Company Limited [hereinafter, "McNally"] is the lead contractor of a consortium comprising of itself and M/s Southern Cooling Tower Private Limited. Respondent No. 1 - Steel Authority of India Ltd. [hereinafter, "SAIL"] awarded a contract dated 22nd September 2012 for the setting-up of an external pump water system for mills and fire water pump houses at SAIL's Steel Plant at Bhilai to the consortium led by McNally [hereinafter, the "Contract"]. This Contract contains the arbitration agreement as provided under Clause 9.2 which reads as under:
"9.2 Arbitration of contracts shall be governed by the Rules of Indian Council of Arbitration (ICA)". The venue shall be New Delhi.
During the pendency of the Conciliatio
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.