(1.) The Ministry of Petroleum and Natural Gas in the Union Government has instituted these proceedings purportedly under Ss. 14(2) read with Sec. 15(2) of the Arbitration and Conciliation Act, 1996[The Act] for a declaration that the majority of the members of the Arbitral Tribunal consisting of the Chairman Sir Michael D. Kirby AC CMG and Sir Bernard Rix, the two Arbitrators nominated by respondent Nos. 1 to 3 are de jure/de facto unable to discharge their functions and consequently their mandate stands terminated in terms of Sec. 14 of the Act.
(2.) The arbitration proceedings emanate from a Production Sharing Contract[PSC] dtd. 12/4/2000 executed between the petitioner and the respondent Nos. 1 to 3 and related to the development and production of gas from D1 to D3 gas discoveries falling in the D-6 block and marketing of gas in terms thereof.
(3.) The allegation in the present petition essentially is that the various procedural orders passed by the Arbitral Tribunal and the manner in which proceedings have been conducted clearly leads the petitioner to apprehend an evident bias and harboring justifiable doubts as to the independence and impartiality of the arbitrators. The petitioner alleges that the various procedural orders passed by the Tribunal would indicate that it has treated them unfairly, denied them reasonable opportunity and of favoring the cause of respondent Nos. 1 to 3.