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6.2 If any dispute or difference arising between BSCL and Buyer under or in respect of or relating to the Main Contract insofar as it relates to the work to be carried out by MII is referred to arbitration and any award/ judgment/ decree/ order is passed, or a settlement is otherwise reached with MII's consent, MII shall be bound to accept the same and bear all MII's liability resulting therefrom. MII shall, however, be assisted at all stages by BSCL with such arbitration proceedings and MII shall bear all expenses of such arbitration/ litigation and/ or negotiated settlement, if any. However, expenses incurred by BSCL in deputing their officials to attend such arbitration/ proceeding/ litigation would be to BSCL/s accounts.
6.3 All disputes and differences in respect of any matter relating to or arising out of or in connection with the execution or construction of this subcontract document, if the same cannot be and/ or is not the subject matter of dispute between BSCL and the Buyer under the Main Contracts and is not settled mutually by negotiation, shall be referred to arbitration under the Indian Arbitration Act, 1940, as amended from time to time, by appointing some agency acceptable to both the parties as Arbitrators and if no agency is found acceptable to both the parties, then by constituting a Board of Arbitration consisting of three Arbitrators, one to be nominated/ appointed by each party and the third to be appointed by the two Arbitrators as Umpire. The arbitration proceeding shall be held at New Delhi and the decision of the Arbitrators or the Umpire as the case may be shall be final and binding on both parties hereto. The arbitrators or the umpire, as the case may be, shall record their reasons for passing awards, copies of which shall be sent to the parties.
4) The learned Arbitrator shall continue with the proceedings from the stage where the proceedings of the arbitration were on 8.5.1998, when the impugned order came to be made by the Calcutta High Court;
5) All the proceedings held till 8.5.1998 shall be treated as the arbitration proceedings held before the learned sole Arbitrator now appointed;
6) It shall be in the discretion of the learned Arbitrator to take or not to take oral evidence or to take oral evidence by way of affidavits. The learned arbitrator would be at liberty to adopt summary proceedings for concluding arbitration proceedings.

While dealing with the claims for the standby of DB 26 and interruption to WI-9 to WI S pipelines laying, the arbitrator in its partial award held:

"22. Standby Derrick Barge 26 (US$1,396,800.00) The claim for payment of standby charges in respect of Derrick Barge 26 relates to a standby for 24 days of that vessel. The MII Statement of Claim mentions that MII has not sent any invoice to BSCL. Therefore it cannot be said that any claim has been made by MII yet in the matter. Consequently, the position is that no difference or dispute concerning this had arisen between the parties when the reference to arbitration was made. Therefore, so far as this arbitration is concerned, the claim cannot be entertained. It falls outside this arbitration and cannot be considered."