TAVASYA SSF (C/O TAVASYA CAPITAL MANAGERS LLP) vs MINISTRY OF EXTERNAL AFFAIRS & ANR.

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 20.04.2026 + ARB.P. 1589/2025 TAVASYA SSF (C/O TAVASYA CAPITAL MANAGERS LLP) .....Petitioner Through: Mr. Anirban Bhattacharya, Mr. Apoorv Agarwal, Mr. Manthan Dixit and Ms. Tanushvi Singh, Advocates. versus MINISTRY OF EXTERNAL AFFAIRS & ANR. .....Respondents Through: Mr. S.D. Sanjay, Additional Solicitor General along with Mr. Sharang Dhulia, CGSC, Ms. Nikita Sethi, Mr. Chetan Jadon, Advocate and Ms. Archana Chhibber, Legal Consultant for Respondent No. 1. Mr. Uttam Dutt, Senior Advocate along with Mr. Debarshi Bhadra, Ms. Sonakshi Singh, Mr. Kumar Bhaskar, Mr. Naman Kumar and Mr. Rahul Singh, Advocates for Respondent No. 2. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 [“Act”], seeking the Signature Not Verified Digitally Signed By:VARNIKA ARB.P. 1589/2025 Signing Date:22.04.2026 Page 1 of 13 14:59:48 constitution of a three-member Arbitral Tribunal for adjudication of disputes inter se the parties arising out of the EPC Agreement dated 31.03.2017 [“Agreement”]. 2. The material on record reflects that the Agreement stipulates a dispute resolution mechanism, which contemplates reference of disputes to Arbitration by a three-member Arbitral Tribunal. The relevant stipulation is contained in Clause 26.3.1 of the Agreement, which reads as under:- “26.3.1 Any Dispute which is not resolved amicably by conciliation, as provided in Clause 26.2, shall be finally decided by reference to arbitration by a Board of Arbitrators appointed in accordance with Clause 26.3.2. Such arbitration shall be held in accordance with the Rules of Arbitration of the Intern