INDRA SISTEMAS S.A v. KOLKATA METRO RAIL CORPORATION LTD

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

1. We have heard the learned counsel for the parties

and perused the record.

2. By way of the instant petition under Section 11(6)

of the Arbitration and Conciliation Act, 1996 (“Act”),

the Petitioner seeks appointment of the Respondent’s

Nominee Arbitrator as well as the third/presiding

Arbitrator. Such appointment is sought under Clause 17.9

of the General Conditions of Contract (“GCC”), as

amended by Clause 49B of the Special Conditions of

Contract (“SCC”), which form part of the Contract

Agreement dated 10.09.2014 (“Contract”) entered into

between the parties.

3. To broadly set out the sequence of events, the

Petitioner is a company registered under the laws of

Spain and engaged in the business of metro rail traffic

management and fare collection systems, while the

Respondent is a Government of India enterprise

implementing the Kolkata (East-West Metro) Corridor

Project (“Project”).

4. Under the Contract, the Petitioner was entrusted

with the design, manufacture, supply, installation,

testing and commissioning of the Automatic Fare

Collection (AFC) System for the Project. The works under

the Contract were structured in two phases, namely...