India's Supreme Court has dismissed an appeal by the National Thermal Power Corporation Ltd (NTPC) against the judgment of the Delhi High Court where the Indian power company had challenged the partial award given by arbitrators at the International Chamber of Commerce (ICC) in Paris.

This is the latest of several cases heard at law concerning a project that fell substantially behind schedule due to delays in opening of letters of credit (L/C) and obtaining import licences.

Contracts

NTPC had entered into a contract with Siemens Atkeingesellschaft to establish an 817-megawatt gas power project in Uttar Pradesh.

There were other contracts with BHEL and Siemens Ltd, Mumbai.

Delays

Due to delays in opening L/Cs and obtaining import licences, the project fell substantially behind schedule, and claims for damages were raised against NTPC.

The claims were subsequently taken to the ICC's International Court of Arbitration. NTPC also made counter-claims.

Appeals

The tribunal gave a partial award in favour of the German firm while NTPC's counter claims were dismissed.

NTPC then appealed to the Indian High Court without success and finally to India's Supreme Court which has also dismissed the power company's appeal.

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