AIRCON BEIBARS FZE Vs. HELIGO CHARTERS PRIVATE LIMITED

JUDGEMENT

(1.) The petitioner, a company incorporated in Sharjah, UAE, under the laws of UAE, is engaged in the business of leasing and chartering of aircraft and/or helicopters. The respondent, a private limited company, incorporated under the Companies Act, 1956, is carrying out a business of providing helicopter services to the oil and gas industry in India. By this petition, filed under Ss. 47 and 49 of the Arbitration and Conciliation Act, 1996, the petitioner seeks enforcement of the Final Arbitration Award dtd. 25/1/2017 ( "Award ").

(2.) The Award is a foreign award within the meaning of Sec. 44 Part II of the Arbitration and Conciliation Act made pursuant to an agreement in writing for arbitration to be held in Singapore. The seat of arbitration under the Settlement Deed was at Singapore. The Awards directs the respondent to pay sum of USD 6,563,700/- and SGD 775,462.28.

(3.) The opposition to enforcement on behalf of the respondent is on five grounds which are briefly as follows;