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M/S. DURO FELGUERA, S. A. vs. M/S. GANGAVARAM PORT LIMITED

SCR Citation: [2017] 10 S.C.R. 285
Year/Volume: 2017/ Volume 10
Date of Judgment: 10 October 2017
Petitioner: M/S. DURO FELGUERA, S. A.
Disposal Nature: Petition Disposed Off
Neutral Citation: 2017 INSC 1026
Judgment Delivered by: Hon'ble Ms. Justice R. Banumathi
Respondent: M/S. GANGAVARAM PORT LIMITED
Case Type: ARBITRATION PETITION /30/2016
Order/Judgment: Judgment
1. Headnote

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".

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Arbitration and Conciliation (Amendment) Act
  • 2015: ss. 11 (6) and 11 (6A) - GPL awarded tender work to applicant-Foreign company and FGI-its lndian subsidiary
5. Equivalent citation
    Citation(s) 2017 AIR 5070 = 2017 (9) SCC 729 = 2017 (9) Suppl. SCC 729 = 2017 (12) SCALE 433