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Showing contexts for: pma arbitration in M/S. Saipem Triune Engineering Pvt. Ltd vs Indian Oil Petronas Pvt. Ltd. on 10 January, 2011Matching Fragments
It was pointed out by the learned counsel for the defendant/applicant that in the case of Eastern Coal fields (supra), the heading of the arbitration clause indicated that it applied to disputes between the Public Sector Enterprises inter se and the Public Sector Enterprises and the Government Departments, but, no such heading has been given to clause 31 of the Format for Agreement of Project Management Service. In my view, the contention is misconceived for two reasons. Firstly, the heading to Article 31 of the Format for Agreement of Project Management Service indicates that the arbitration shall be in accordance with OM No.3/5/93-PMA dated 30.6.1993, Government of India, Department of Public Enterprises and that OM, undisputedly, refers only to arbitration between Public Sector Enterprises inter se and the Public Sector Enterprises and Government of India. Secondly and more importantly, the arbitration clause in that case being absolutely identical to the arbitration clause contained in Article 31, the heading of the arbitration clause would not be a material factor.