1. A limited issue – though not free from complexity – arises for
consideration in the present petition, preferred by the petitioner, M/s
DSC Ventures Pvt Ltd, under Section 11(6) of the Arbitration and
Conciliation Act, 1996 (hereinafter referred to as “the 1996 Act”).
2. The petitioner and respondent entered into a Concession
Agreement, dated 8th May, 2003, whereunder the respondent was to
convert an existing 2-lane highway, (NH-6) in the Raipur-Durg stretch
in the state of Chhattisgarh, into a 4-lane highway. Disputes arose.
Clause 19.2 (a) of the Concession Agreement provided for reference
ARB.P. 203/2020 Page 1 of 38
of disputes to a three member arbitral tribunal, if efforts at resolution,
by amicable settlement, were to fail. The Clause reads thus:
Source: Indian Kanoon