1. This application, under Section 48 in Chapter-I of Part-II of the Arbitration and Conciliation Act 1996, (for short- ‘the Act of 1996’) has been filed in the matter of foreign arbitral award dated 18.05.2016 passed by Mr. David Aikman, the Sole Arbitrator at London, in the arbitral reference titled as the “vantage key” between Django Navigation Ltd. of Liberia and Indo Ferro Metal Pvt. Ltd. of Jaipur, India, in relation to the vessel MV vantage key and charter party dated 24.12.2015. The petitioner company- Django Navigation Ltd. has prayed that the aforesaid award dated 18.05.2016 passed by Mr. David Aikman be declared as decree of this Court for being enforced.

2. The petitioner-company is incorporated under the laws of Liberia having its registered office at 80 Broad Street Monrovia, Liberia. Petitioner-company is in the business of owning and Chartering out ships. Respondent is a private company limited by shares having its registered office at Jaipur and engaged in the business of exporting, importing various commodities such as Minerals, Ores and Indonesian Coal. The above-referred to award is a “foreign award” as contemplated under Section 44 of the Arbitration and Conciliation Act, 1996 and published in the United Kingdom, which is a reciprocating territory notified by the Indian Government and is therefore enforceable under the provisions of Chapter-I of Part-II of the Act of 1996. As per averments of the application, the foreign award is final and binding under the English Law pursuant to Section 47 (1)(c) of the Act of 1996. In this regard, one Mrs. Electra Panayotopoulou, an English Solicitor and Partner of Holman Fenwick Willan LLP of Friary Court, 65 Crutched Friars, London EC3N 2AE United Kingdom, practicing in the aforementioned firm’s Piraeus office located at 83 Akti Miaouli & Flessa Street, 185 38 Piraeus, Greece, which is the Solicitor on record of the Award Holder in the arbitration proceedings, has affirmed an affidavit on 29th August, 2016 authenticating the Foreign Award in accordance with English law as required by Section 47 (1)(a) of the Arbitration and Conciliation Act, 1996 and has confirmed that the Foreign Award has become final and binding under English law. Foreign award has been passed in favour of the petitioner pursuant to the Charterparty and the arbitration clause contained therein as evidenced by way of the fixture recap dated 24.12.2015 (“the Charterparty”) between the respondent as the charterer and the petitioner as the owner of the vessel MV Vantage Key (“the Vassel”) chartered to the respondent. In this regard, one Konstantinos Savvidis, General Manager of Vantage Shipping Lines SA, the appointed Commercial Managers of the Vessel on behalf of the petitioner company, has sworn an affidavit dated 29.08.2016, enclosing a copy of the Charterparty as evidenced by way of the fixture recap dated 24.12.2015, in which he has certified that the arbitration agreement concluded in the Charterparty by way of the arbitration clause is in writing and was made by exchange of communications in writing, so far as relevant, through email, telex or other means of telecommunications, as contemplated under Section 47 (1) (b) of the Arbitration and Conciliation Act, 1996. Pursuant to the Charterparty, the respondent agreed to take on charter and the Owners agreed to charter, the vessel to carry a cargo of 12,500 mts bagged rice from Krishnapatnam, East Coast, India to Lattakia, Syria (‘the Cargo”). The fixture note dated 24.12.2015 makes specific reference to the Charterparty, which in its Clause 20 states as under:

“(20) ENGLISH LAW/ARB LONDON/LMAA RULES TO APPLY”.

3. As per the contents of the application, the petitioner on 28.12.2015 informed the respondent of the vessel’s expected arrival at the landport of Krishnapatnam and requested confirmation that the cargo would be ready for loading. The respondent informed the petitioner of delay of 2-3 days due to alleged documentation issues of the Ship