DCM DECOMETAL GMBH Vs. ROHIT FERRO TECH LIMITED

JUDGEMENT

(1.) The petitioner is an Austrian company having its place of business in Austria. The respondent claimant is an Indian company having its registered office at 35, Chittaranjan Avenue, Kolkata-.

(2.) The arbitration in which these two parties were involved was an International Commercial Arbitration within the meaning of Section 2 (1) (f) of the Arbitration and Conciliation Act. 1996. The place where the arbitration took place was Kolkata. Hence, Part-I of the Act applied to it. The petitioner challenges an award dated 19th January, 2011. It was made by an Arbitral Tribunal comprising of our former Chief Justice Chittotosh Mookerjee, an eminent Indian counsel Mr. Sudipto Sarkar and Mr. Alan J Thambiayah. The claimant in that application was the respondent.

(3.) By the award the petitioner herein was directed to pay the claimant US$ 1,13,04,00/-. The petitioner was also directed to pay interest on the said sum @ 12% p.a. from 28th November, 2008 till the date of payment. There were other directions in the award with regard to payment of costs and expenses of arbitration.