DHV BV Vs. TAHAL CONSULTING ENGINEERS LTD

JUDGEMENT

(1.) This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short the Act) for the appointment of an Arbitrator for adjudication of the disputes which are stated to have arisen between the parties.

(2.) The petitioner M/s DHV Consultants BV (for short DHV) is a foreign company registered in Netherlands, providing consultancy and engineering group services in aviation; spatial planning in environment, transportation and water with expertise in water management and water planning. Respondent No.1 - M/s. Tahal Consulting Engineers Limited (hereinafter referred to as Tahal) is also a consultant foreign company based in Israel and respondent No.2 is the Water Resources Organisation, PWD, Government of Tamil Nadu (hereinafter referred to as TNPWD).

(3.) The facts, relevant for the disposal of this petition, are as follows: On 1st December, 1997, an agreement (hereinafter referred to as the main contract) was signed between Tahal and TNPWD, with DHV and two other concerns, namely, Lahmeyer International of Germany and Consulting Engineering Services (India) Ltd., as sub- consultants, for providing management consultancy and technical assistance services for the Tamil Nadu Water Resources Consolidation Project. Subsequently, in March, 1998, a further sub-consultancy agreement (hereinafter referred to as the sub-contract) was signed between Tahal and DHV for providing services in respect of the main contract, scope whereof was defined in the conditions of both the said agreements.