Supreme Court notice to GVK, MIAL on ACSA’s plea for appointment of arbitrator

The Supreme Court has sought response from GVK Airports Holdings and others on a plea by Airport Company South Africa (ACSA), a minority partner in Mumbai International Airport (MIAL), seeking appointment of a fresh arbitral tribunal to decide the dispute over alleged breach of the shareholder’s agreement (SHA) of April 2006. It also wants the apex court to set aside the appointment of the arbitrator by MIAL, which is led by majority partner GVK, and also quash the setting up of an arbitral tribunal.

ACSA, which has nominated Professor Lawrence Boo as its arbitrator, wants the apex court to appoint the MIAL’s arbitrator for setting up a three-member tribunal to resolve dispute over alleged breach of contract in relation to the RoFR (right of first refusal) contained in the SHA.