The Civil Miscellaneous Appeal is filed against the order of the learned Arbitral Tribunal dated 110. 2006.

2. The facts arising out of this appeal are as under:-

The Board of Trustees of the Port of Chennai, the appellant herein, is a statutory authority duly constituted under the Major Port Trusts Act, 1963 having the office at Rajaji Salai, Chennai-600 001. The respondent is a Feeder Operator engaged in the carriage of goods by sea with its registered office at England and Wales and with a place of business in India. The appellant, with the consultation of Ministry of Shipping, introduced a Berth Reservation Scheme for container vessels. In pursuance of this scheme, the appellant and the respondent entered into a Berth Reservation Agreement dated 18th January 1995 under which the appellant agreed to provide the respondent with a reservation of 200 metres of berth length at West Quay I and II, Dr.Ambedkar Dock. The respondent, as licensee, obtained a reservation of the 200 metres of berth together with a back-up area for an initial tenure of 2 years for the purpose of berthing, discharging and loading cargo. The appellant as well as the respondent subsequently extended