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Showing contexts for: pma arbitration in Ntpc Ltd. Kahalgaon Super Thermal Power ... vs Hindustan Steel Works Construction ... on 28 August, 2017Matching Fragments
arbitration clause contained in the Letter of Award dated 03.02.2004 would refer matters to the Permanent Machinery of Arbitration (hereinafter referred to as 'PMA') in case of disputes.
3) The matter otherwise has a chequered history in which two Awards dated 10.04.2012 and 10.05.2012 were made by the Joint Secretary and Sole Arbitrator in which certain claims of the respondent before us were allowed and counter claims by the appellant rejected. The Member Secretary, and Appellate Authority at that time, by his order dated 11.02.2015, set aside the two awards stating that the Sole Arbitrator appears to have mixed up the facts of the present case with that of some other case.
8) The Permanent Machinery of Arbitration (PMA) had been set in place earlier than the judgment in the ONGC case, as noticed in Northern Coalfields (supra) in March, 1989. Yet in the summary contained in para 23, this Court, instead of appreciating that the Committee on Disputes was set up judicially, and ran parallel to the Permanent Machinery of Arbitration, appears to have combined the two in requiring permission from the CoD to refer disputes already finally decided by the PMA to a litigative process while the CoD was in place, as was held in para 24 of the said judgment.