SOUMEN SEN,J. - (1.) This is an application for execution of a foreign award. The petitioner has filed three supplementary affidavits to bring on record additional documents to show that the arbitration clause in the charter party agreement has been validly enforced and the arbitral tribunal was constituted in accordance with the procedure agreed by and between the parties.
(2.) The award-debtor at the relevant time was a charter of the vessel "Trade Star". The petitioner is a foreign company. The petitioner as despondent owner of the Vessel M. V. Trade Star by a Final Recap / Voyage Charter Party on an amended Gencon Form dated 10th April 2013 chartered the vessel M. V. Trade Star to the respondent to carry a full and complete cargo of 25,000 MT 10% MOLOO OWS OPTION. The duly certified copy of the Final Recap / Voyage Charter Party along with Rider Clauses and clean GENCON 94 is annexed to the petition. Clause 4 of the Final Recap along with Clause 19 of the clean GENCON Charter Party provides for the Arbitration Clause which reads:- "a) This Charter Party shall be governed by and construed in accordance with English Law and any dispute arising out of this Charter Party shall be referred to arbitration in London in accordance with the Arbitration Act s 1950 and 1979 or any statutory modification or modification or reenactment thereof for the time being in force. Unless the parties agree upon a sole arbitrator, one arbitrator shall be appointed by each party and the arbitrators so appointed shall appoint a third arbitrator, the decision of the three man tribunal thus constituted or any two of them shall be final. On the receipt by one party of the nomination in writing of the other party's arbitrator, that party shall appoint their arbitrator within 14 days, failing which the decision of the single arbitrator appointed shall be final."
(3.) The terms of the charter party dated 10th April 2013 were exchanged through email. It is stated that the parties have acted on the basis of such terms thereby indicating consent to such terms by their conduct. In the supplementary affidavit, addendum to the charter party dated 10th April 2013 has been disclosed which appears to have been signed by both the parties. The said addendum refers to the fixture note dated 10th April 2013 and records that apart from what was mentioned in the addendum all other terms of the charter party agreement dated 10th April 2013 remained unchanged, unaltered and irrevocable. The award-holder says that disputes arose in respect of the charter party agreement evidenced by the "Final Recap" note dated April 13, 2013.;