- (1.) Indian Acrylics Limited ('IAL') in this petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 ('Act') has challenged the majority Award dated 16 th March 2002 of the arbitral Tribunal ('Tribunal') adjudicating the disputes between IAL and Respondent No.1- E.I. Du Pont De Nemours ('Du Pont') arising out of a know-how agreement, an assistance agreement, an engineering information agreement all dated 1 st June 1988, an equipment supply agreement dated 31 st May 1988 and a supplementary agreement dated 10 th September 1993 between the parties. The Four Agreements
(2.) The know-how agreement was entered into between IAL and Du Pont on 1 st June 1988 under which Du Pont as licensor agreed to grant IAL as a licensee a non-exclusive license to use Du Pont's confidential information and know-how as defined and specified in the agreement to use polymer in the manufacture of a product defined as "acrylic monocomponent fiber and tow" as specified in Annexure IA thereof, "essentially equivalent to 'Orlon Type 42' ". The expressions 'process', 'process equipment', 'plant' and 'know-how' were defined in the agreement as under: " 'Process' means a method for producing Product consisting of polymerizing acrylonitrile, methyl acrylate and a sulfonic acid salt in a water slurry; subsequently separating drying, dissolving in dimethylformamide; extruding the resultant solution through spinning cells into filament bundles by a dry spinning process' subsequently purifying, drawing, crimping, drying, cutting and packaging as practised at Du Pont's plant at Waynesboro, Virginia, U.S.A. and explained in Annexure IE. 'Process Equipment' means the equipment useful in operating the process, listed in Annex 2A of the Equipment Supply-Agreement between the parties. 'Plant' means the first commercial facility built by or for Licensee in the Republic of India using the Process Equipment according to design and engineering provided under this and/or accompanying agreements of even date, the Plant having an initial capacity of producing at least 15,000 metric tons per annum of Product, based on 3.0 denier product, where a year is defined as eight thousand (8000) operating hours. 'Know-How' means latest commercial technical information in the possession of Du Pont to be used for designing, construction and installation of the 'Plant' capable of manufacturing the 'Product' by using the 'Process', which information is in Du Pont's opinion sufficiently comprehensive that an engineering organization skilled in the design of chemical plants can design and erect and Licensee can operate the Plant. Know-How includes the items specified in Annex 1B hereof. That Annex 1B specifies timing of delivery."
(3.) The term 'expansion' was defined as under: "'Expansion' means an increase in Product capacity in India by addition of one or more polymerization reactors and/or spinning position either (i) in the Plant or (ii) in a new facility of Licensee or any Sub-licensee referred to in Article V.2.;