The Court dismissed a petition filed by JPC Infrastructure and Constructions Private Limited challenging a November 2023 arbitral award in favour of Alstom Transport India Limited.
The Dedicated Freight Corridor Corporation of India Limited (DFCCIL) had awarded Alstom a contract for electrification, signalling, telecommunication and allied works.
During arbitration, JPC relied on a June 2017 letter written by Alstom to DFCCIL.
The arbitral tribunal, comprising former Chief Justice of India Dipak Misra and retired judges DK Jain and JD Kapoor, refused to admit the letter.
It found that the document originated from a separate arbitration between Alstom and DFCCIL and had been obtained in circumstances that breached arbitral confidentiality.
The Court dismissed a petition filed by JPC Infrastructure and Constructions Private Limited challenging a November 2023 arbitral award in favour of Alstom Transport India Limited.
The dispute arose from the Eastern Dedicated Freight Corridor project between Bhaupur and Khurja. The Dedicated Freight Corridor Corporation of India Limited (DFCCIL) had awarded Alstom a contract for electrification, signalling, telecommunication and allied works.
Alstom subsequently entered into a back-to-back subcontract with JPC in December 2015. The ₹34.09 crore subcontract covered civil, electrical and associated works relating to 55 structures at Daudkhan, Hathras and Khurja.
Disputes arose over delays, site access, preparation of drawings, surveys, payments and alleged non-performance. Parts of JPC’s work were eventually removed from its scope and Alstom terminated the subcontract.
During arbitration, JPC relied on a June 2017 letter written by Alstom to DFCCIL. JPC contended that the letter contained admissions supporting its claim that preliminary surveys could not be undertaken without unhindered access to the project sites.
The arbitral tribunal, comprising former Chief Justice of India Dipak Misra and retired judges DK Jain and JD Kapoor, refused to admit the letter. It found that the document originated from a separate arbitration between Alstom and DFCCIL and had been obtained in circumstances that breached arbitral confidentiality.
