Justice Sachin Datta heard the challenge today and issued notices to MDB and said that the matter will be heard in October.
Senior Advocate Abhimanyu Mahajan, representing TCL, argued that the case reflected an institutional failure by the ICC.
Senior Advocate Amit Sibal appeared for BGR and highlighted the alleged bias on part of the president. He said that their submission was rejected by the arbitral tribunal without engagement.
“We cited Mozambican law and in one word the tribunal rejected it,” Sibal stated.
Meanwhile, Senior Advocate Rajshekhar Rao appeared for MDB. He argued that the ICC has rejected the petitioners’ challenge to the appointment of the presiding arbitrator though a formal communication is yet to be issued.
Rao added that in view of the allegations made against the President, Justice L Nageswar Rao has also recused.
He opposed passing of any interim order in the case.
After hearing the lawyers, Justice Datta said that since Justice Rao has recused from the proceedings, the tribunal is effectively not functioning. Therefore, no interim orders are required at this stage, the Court said.