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The Arbitration and Disputes Team at Kochhar & Co. represented Air Liquide Global E&C Solutions India Private Limited, the Claimant, in an arbitration against Vedanta Limited, arising out of contractual disputes relating to the setting up of an Air Separation Unit (ASU) at Vedanta’s Copper Smelter Plant at Tuticorin, Tamil Nadu.

The dispute arose following Vedanta’s invocation of Force Majeure and suspension of contractual obligations under a series of agreements executed between the parties for the engineering, procurement, erection and commissioning of the ASU project. The matter involved complex issues concerning contractual interpretation, Force Majeure, allocation of risk, quantification of claims, and the legal consequences flowing from prolonged suspension of the project due to regulatory actions and judicial orders.

After an extensive arbitral process involving pleadings, documentary evidence, examination of witnesses and detailed submissions by both sides, the Arbitral Tribunal rendered a reasoned Award granting reliefs to the Claimant. The Award brings finality to a dispute that had remained pending for several years and addresses the rights and obligations of the parties in the context of long-term infrastructure and EPC-style contracts affected by regulatory and judicial intervention.

The arbitral proceedings were conducted before a three-member Tribunal comprising Justice F.M. Ibrahim Kalifulla (Presiding Arbitrator), Justice Vikramajit Sen, and Justice V. Bharathidasan. The Kochhar & Co. team was led by Mr. Shiv Sapra, Partner (Delhi), and was proficiently assisted by Mr. Aviral Tripathi, Associate.