Moot case problem
Thrishika Kumar
(Querist) 11 December 2021
This query is : Resolved
1. Republic of vindhya is an Asian subcontinent which is in India
2.The airport authority of vindya AAV is statutory authority and they want to create and upgrade it
3.kobayachi construction is a statutory body established In 1975 which is in singapore and one of the top construction company
4.In November AAV called a tender for construction of a new airport in Gotham city several projects were give to kobayachi company from vindhya which is in india
5.Later this project of AAV was given to the kobayachi company and kobayachi and AAV company entered into contract and Kobayachi company agreed to finish that project by December 2020 and they started the project on July 2016
6. On March 3rd 2019 kobayachi acquired Lim green energy it is renewable company energy in singapore generating power using solar and wind energy lim green energy is a wholly owned subsidiary of kobayachi and it also powers all of kobayachi projects
7.later kobayachi subcontracted lim green energy to supply electricity for construction of the new air port in Gotham city the entire project is ruined by power generated through these solar panels by subsidiary company
8.by end of December kobayachi had only completed 70 percent of construction contrary what was decided in agreement AAV decided to terminate the contract for breach in the following month AAV had still not cleared all the dues for construction that was already completed since the final payment was to be done after the construction of the project The government also called for a new tender for compulsion of the said project
9.The AAV despite several requests from kobayachi failed to make the payment aggrieved by this kobayachi along with LIM green approached honorable Supreme Court of vindya for the appointment of arbitration wherein they had to select two arbitrators from a panel of 5 recommended by the avv AAV even argued that this Court cannot appoint arbitrators since the arbitration is foreign seated kobayachi is also seeking an interim relief
J K Agrawal
(Expert) 12 December 2021
Please furnish arbitration act and rules of Vindya as in India Supreme Court having no power to entertain arbitration matters to appoint an arbitrator or to provide interim relief.
Secondly what is the problem? do you want to draft pleadings or want to know about relevant laws?
This Forum is not supposed or meant to solve unreal problems.
Dr J C Vashista
(Expert) 13 December 2021
Seek guidance of your tutor / coach / professor, as this platform is meant only to help needy litigants.
