Arbitration and Conciliation (Amendment) Act, 2015: ss. 11 (6)
and 11 (6A) - GPL awarded tender work to applicant-Foreign
company and FGJ-its lndian subsidiary - Later original contract
split into five different and separate packages with different job
description - One contract with the applicant and four with FGl -
Each contract had separate arbitration clause - Dispute between
parties - Arbitration clause invoked - FGJ issued four arbitration
notices, applicant issued one arbitration notice whereas GPL issued
comprehensive arbitration notice consisting single arbitral tribunal
on basis of MoU - Whether there has to be a single arbitral tribunal
for International Commercial Arbitration or Multiple Arbitral
Tribunals - Held: Since the dispute between the parties arose in
2016, the instant issue is governed by the amended provision of
s. 11 (6A) as per which the power of the court is con.fined only to
examine the existence of the arbitration agreement - On facts, there
are five separate Letters of Award; five separate contracts awarded
to applicant and FGJ; separate subject matters; separate and distinct
work; each containing separate arbitration clause signed by the
respective parties to the contract - Original Package split into five
different Packages, each having different works prima facie
indicates the intention of the parties to split-up Original Package
into jive different packages - Thus, when there are five separate
contracts, one with foreign company and four with Indian subsidiary,
each having independent existence with separate arbitration clauses,
and Corporate Guarantee also contains an arbitration clause, there
cannot be a single arbitral tribunal for "International Commercial
Arbitration".