HLS ASIA LTD Vs. GEOPETROL INTERNATIONAL INC

JUDGEMENT

(1.) THIS appeal by HLS Asia Ltd. ('HAL') under Section 37 of the Arbitration & Conciliation Act, 1996 ('Act') challenges the interim Award dated 29th May 2012 passed by the Arbitral Tribunal ('Tribunal') accepting the plea of Respondent No.2/NTPC Ltd. ('NTPC') that it be deleted from the arbitral proceedings.

(2.) THE background to the present appeal is that the contract for Wireline Logging Services ('WLS') was entered into on 14th July 2009 between HAL and Respondent No.1/M/s. Geopetrol International Inc. ('GII'). The said contract clearly stated that GII was acting as an Operator of a block in Changlang District, Arunachal Pradesh for and on behalf of a Consortium comprising GII, NTPC (Respondent No.2), Brownstone Ventures Limited ('BVL')/ Respondent No.3, a company incorporated in Ontario, Canada and Canoro Resources Limited ('CRL')/Respondent No.4, a company having its registered office in Noida, Uttar Pradesh. The preamble clause of the said contract stated as under:-

(3.) 2 of JOA, GII was designated as the Operator and the parties were to provide the Operator with such powers of attorney as would be required from time to time by the concerned authorities in order to carry out the operations pursuant to the JOA. 4. Article 4.7 of JOA stipulated the powers and duties of the Operator. Sub-clauses (g) and (r) of Article 4.7 of JOA are relevant and read as under:- ...