O R D E R

CHANDRA DHARI SINGH, J (Oral)

1. The instant petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter “Arbitration Act”) has been filed on behalf of the petitioner seeking setting aside of the Arbitral Award dated 28th July 2018 (hereinafter “the Award”) passed by a three-member Arbitral Tribunal (hereinafter “learned Tribunal”).

FACTUAL MATRIX

2. A brief background of the dispute between the parties before this Court is delineated hereunder:-

a. The petitioner is the Government of India Undertaking responsible for maintenance, management and development of National Highways or stretch of the National Highways vested in or entrusted to it by the Central Government. The respondent is a Multi-National Company registered as per the laws of Republic of Korea, represented by its Power of Attorney, Mr. S. J. Kim, working largely in the field of infrastructure development, including construction of roads, highways, dockyards and other such projects across the world.

b. The petitioner awarded a contract for construction of a four- lane Highway at the Jhansi-Lakhanadon section between km 351 to km 405.77, National Highway-26 in the state of Madhya Pradesh to