DELHI AIRPORT METRO EXPTRESS PRIVATE LIMITED (INDIA) Vs. CONSTRUCCIONES Y AUXILIAR DE FERROCARRILES & ANR

JUDGEMENT

(1.) This petition is filed under section 34 of the Arbitration and Conciliation Act, 1996 seeking to challenge the final award dated 22.8.2016, partial award on jurisdiction dated 2.2.2015 and partial award on costs of jurisdictional challenge dated 15.12.2015 passed by the learned Arbitral Tribunal.

(2.) I may note that when this matter came up for hearing on 10.1.2017 notice was issued confined to the issue of maintainability of the present petition under section 34 of the Arbitration and Conciliation Act, 1996.

(3.) Some of the relevant facts are that CAF Spain (respondent No.1) and Reliance Infrastructure Limited jointly bid for the Airport Metro Express Line Project in New Delhi. The project connects Indira Gandhi International Airport, New Delhi with the city of New Delhi. The two parties, namely, CAF Spain and Reliance had entered into an MOU on 24.2007. They further entered into a Consortium Agreement on 9.10.2007. The respondent No.2/CAF India is a company incorporated under the Companies Act, 1956 and is wholly owned subsidiary of CAF Spain/respondent No.1.