Authority: Supreme Court of India
Order Date: 31 July 2026
Case Overview
- Parties: Bhutan Ventures Ferro Alloys Pvt. Ltd. (petitioner, company incorporated in Bhutan) vs. Shyam EPC Pvt. Ltd. (respondent, Indian company).
- Contracts: Three EPC contracts dated 01‑12‑2022 for civil construction; supply; and erection, installation, testing and commissioning of a 2 × 33 MVA ferro‑silicon project in Bhutan.
- Termination & Arbitration Invocation: Petitioner terminated all three contracts by notice dated 16‑12‑2024 and issued a consolidated arbitration invocation notice on 10‑03‑2025.
- Service: Respondent was served by substituted service through publication in Sakshi and The Times of India on 20‑03‑2026; no response was filed.
- Court Proceedings: Petitions filed under Section 11(6) and 11(12) of the Arbitration and Conciliation Act, 1996; Court heard counsel for petitioner; found arbitration agreements valid and respondent’s non‑action established.
Final Outcome
- The Court allowed all three arbitration petitions.
- Hon’ble Mr. Justice Mukul Mudgal, former Chief Justice of the Punjab and Haryana High Court, was appointed as Sole Arbitrator for all three matters.
- Seat and venue of arbitration fixed at New Delhi; arbitrator to determine fees in consultation with parties.
- The Court expressly stated it has not expressed any opinion on the merits; all factual and legal contentions remain for the arbitrator to resolve.
- Pending interlocutory applications, if any, are disposed of.
Topics: Arbitration, EPC Contracts, International Construction