PUYVAST CHARTERING B V Vs. KEC INTERNATIONAL LTD

JUDGEMENT

(1.) THE Petitioner have challenged impugned award dated 28 February 2007, under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act), passed by the sole Arbitrator. THE basic events are as under:

(2.) PETITIONER No.1 who is the owner (the owner) and original opponent entered into a GENCON charter party/Fixture Note on 8 April 2005 (the charter party) with the Respondents (The Charterers) for the carriage of 6297 MTs of steel angles in bundles and bolts/nuts packed in boxes from loadport Mumbai to discharge port Tripoli, Libya. PETITIONER No.2 was the agent of PETITIONER No.1 (the agent).

(3.) THE Respondents had proposed five names of the Arbitrator on 13 August 2005. Both the parties appointed by consent Mr. Cooper as a sole arbitrator. THE letter was also sent to the sole Arbitrator on 12 September 2005. THE Petitioners furnished the above bank guarantee on 24 August 2005. On 26 August 2005, the Petitioners, through an email consented and confirmed the appointment and requested to obtain the confirmation and the available dates, from the arbitrator.