Soumen Sen, J. - (1.) This is an application under Section 48 of the Arbitration and Conciliation Act, 1996 challenging the enforceability of a foreign award dated 21st September, 2012 as amended by the amending award dated 20th November, 2012. The grounds for challenge are:- (a) That there was no concluded contract on 2nd April, 2008 between the parties. (b) That there was no valid invocation of the alleged arbitration clause and, accordingly, the appointment of Mr. Christopher Moss was bad, invalid and illegal. (c) That the tribunal was not properly constituted. (d) That the Tribunal did not consider the objection raised by the petitioner as to the legality and validity of the charterparty dated 2nd April, 2008 as well as the arbitration clause and the composition and constitution of the arbitral tribunal.
(2.) Although, various grounds have been taken in the petition but arguments have been advanced essentially on two points, namely, the constitution of the arbitral tribunal and that there was no valid concluded contract.
(3.) Before considering the objections raised by the petitioner, it is necessary to briefly indicate the facts.;