Case Record - NLIU - Justice Tankha Moot

4TH NLIU JUSTICE R.K.
TANKHA MEMORIAL INTERNATIONAL

MOOT COURT COMPETITION, 2019
CASE RECORD
IN THE MATTER OF AN ARBITRATION
BETWEEN
Solar System Private Limited and Raconian Renewable Energy Limited
UNDER
Arbitration Rules of the Singapore International Arbitration Centre
(6th Edition, 1 August 2016)
February 22, 2019 - February 24, 2019
ORGANIZED BY:
National Law Institute University, Bhopal
in association with
The Office of Mr. Vivek Tankha
Senior Advocate
Member of Parliament, Rajya Sabha
2
INDEX
Sr. No. Particulars Page

1. Index. 2
2. Acknowledgement. 3
3. Cover Letter. 6
4. Notice of Arbitration and Statement of Claim. 7
5. Claimant Exhibit 1 (Supply and Installation Agreement). 11
6. Claimant Exhibit 2 (Request for extension of time). 14
7. Claimant Exhibit 3 (Response to request for extension dated 10.12.2017). 15
8. Claimant Exhibit 4 (Progress report of the MSSP Agreement). 16
9. Claimant Exhibit 5 (Request for Third Party Inspection). 17
10. Claimant Exhibit 6 (Response to request for extension dated 11.04.2018). 18
11. Claimant Exhibit 7 (Response to Right to Information application). 19
12. Claimant Exhibit 8 (Outcome of Third Party Inspection). 20
13. Claimant Exhibit 9 (Request for details of installation sites). 21
14. Claimant Exhibit 10 (Termination Letter). 22
15. Acceptance of arbitrator’s appointment. 23
16. Response to Notice of Arbitration and Statement of Defence. 24
17. Respondent Exhibit 1 (Micro Solar Power Plant Agreement). 27
18. Respondent Exhibit 2 (Grant of lease). 29
19. Respondent Exhibit 3 (Request for extension of MSPP Agreement deadline). 30
20. Request for Joinder of Parties. 31
21. Opposition to Joinder Request. 32
22. Statement of Defence to Counterclaim. 33
23. Procedural Order No. 1. 34
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ABOUT LATE JUSTICE R.K. TANKHA
Born on 29th May 1926, Justice Tankha completed his schooling at Allahabad and graduated in law from
Allahabad University. Thereafter, he practiced as a junior counsel to Shri Gopal Swarup Pathak, Senior
Advocate, who later was the Vice President of India.
Around 1950-51, Justice Tankha started his legal practice from the Rewa, Madhya Pradesh where he
received professional acclaim at a very young age. Subsequently, he moved to Jabalpur, the seat of the High
Court of the State of Madhya Pradesh and within a short period of time gained prominence at the Madhya
Pradesh Bar. He also served as the President of the High Court Bar Association. In 1972, he was elevated
as a Judge of the Madhya Pradesh High Court. Justice Tankha passed away at the age of 52 on 13th
December 1978.
His son, Shri Vivek Tankha, joined the Bar in 1979 and is one of the most eminent senior advocates. He
was the Advocate General of State of Madhya Pradesh from 1999 to 2003. He was also the Additional
Solicitor General of India before the Supreme Court from 2009 to 2012. An avid philanthropist, Mr. Tankha
has facilitated the opening of various Rotary Cross Blood Banks in tribal areas and has set up five schools
for specially-abled children in five towns in the states of Madhya Pradesh and Chhattisgarh.
This Competition was founded by Shri Vivek Tankha in the memory of his father - Justice Tankha, to
motivate young law students to strive for legal excellence and to promote the spirit of academic enquiry.
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ACKNOWLEDGMENT - THE OFFICE OF MR. VIVEK TANKHA
We would like to extend our sincere gratitude and thanks to Mr. Vivek Tankha for his constant support towards
the successful organisation of this Moot.
We also thank Mr. Varun K. Chopra and Mr. Prashant Sivarajan, members of the Office of Mr. Tankha, for
their valuable ongoing help in the organisation of the Moot.
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ACKNOWLEDGMENT - THE DRAFTING COMMITTEE
This Case Record has been authored by Mr. Akshay Sapre (Advocate; NLIU Batch of 2009), Ms. Raghavi
Viswanath (NLIU Batch of 2018) and Mr. Girish Deepak (NUALS Batch of 2017). The NLIU Moot Court
Association would like to express its deepest appreciation to the authors.
Mr. Kevin Nash, Deputy Registrar and Centre Director, and Mr. Piyush Prasad, Associate Counsel, of the
Singapore International Arbitration Centre also reviewed the Case Record and provided their inputs,
especially regarding the procedural aspects. Lastly, we also thank Mr. Prashant Mishra, Partner, L&L
Partners Law Offices, NLIU Batch of 2005, for his support and guidance.
Note: Teams are prohibited from contacting the aforementioned persons in relation to this Competition
directly or indirectly. The Administrators reserve the right to take any appropriate action, including
disqualification and/or blacklisting the participating institution and/or the members found engaging in such
conduct.
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MAC & MIG LLP.

Attorneys at Law & Solicitors
75 Arb Street, Capitol City, Antaria
T: (0) 146-9845 | F: (0) 146-9850 | E: office@mac&mig.co.an
November 15, 2018
The Registrar
Court of Arbitration
Singapore International Arbitration Centre
Singapore
SUB: NOTICE OF ARBITRATION
Dear Sir/Madam,
I represent Solar System Private Limited which, pursuant to Rule 3 of the Arbitration Rules of the
Singapore International Arbitration Centre (6th Edition, 1 August 2016) [hereinafter referred as the “SIAC
Rules”], submits its claim against Raconian Renewable Energy Limited. I enclose a copy of my power of
attorney to represent the Claimant in this arbitration.
Certain disputes have arisen between the Claimant and the Respondent, and the Claimant demands
that those disputes be referred to arbitration. A copy of the Notice of Arbitration and Statement of Claim
have been sent to the Respondent. A copy of the receipt from the courier service is attached. The total
amount claimed is USD 23 million, inclusive of emergency interim relief amounting to USD 5 million. The
case filing fee as mandated by the SIAC Schedule of Fees, has been made on behalf of the Claimant.
Relevant receipts are enclosed herewith.
As per the arbitration clause, the Claimant nominates Mr. Duke Nukem for appointment as the
sole arbitrator in this dispute and the place of arbitration is Lake City, Central Province.
Yours sincerely,
Veronica Moss (Counsel for Claimant)

MAC & MIG LLP.
Encl:
Notice of Arbitration and Statement of Claim
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November 15, 2018
NOTICE OF ARBITRATION AND STATEMENT OF CLAIM

(Pursuant to Rule 3 of the SIAC Rules 2016)
in the arbitral proceedings

between
The Parties
Solar System Pvt. Ltd.

22 Boulevard Road
Capital City
Antaria ~Claimant~
Represented by Mac & Mig LLP.
Raconian Renewable Energy Limited

245 UnderWater Park
Oceanside
Raconia ~Respondent~
I. Parties
1. Solar System Private Limited [hereinafter referred as the “Claimant”] is incorporated under the
laws of Antaria, a common law country. It has a legal personality and can bring legal actions in its
own name. It has its principal office at 322 Boulevard Road, Capital City, Antaria. The telephone
number is (0) 425-1930 and the fax number is (0) 425-1937. The e-mail address is
solar@solarsystem.co.an. It is represented in this arbitration by Mac & Mig LLP. Attorneys at Law
& Solicitors, 75 Arb Street, Capitol City, Antaria, T: (0) 146-9845 | F: (0) 146-9850 | E:
office@mac&mig.co.an.
2. The Claimant is a multinational company that manufactures, sells and distributes a variety of
commercial and consumer products, used in the new and renewable energy sector. Primarily, the
Claimant manufactures photovoltaic plates which are used in the setting up of solar power plants
to harness solar energy. It is a market leader in Antaria and supplies these products to other
countries also.
3. Raconian Renewable Energy Limited [hereinafter referred as the “Respondent”] is a company fully
owned by the government, incorporated under the laws of Raconia, a developing nation and a
welfare state. It has its principal office at 245 UnderWater Park, Oceanside, Raconia. The telephone
number is (0) 555-7356. The telefax is (0) 555-7359 and the general e-mail address is
rrel@raconia.ra.
4. The Respondent is a nodal agency, which works under the aegis of the Central Ministry of New
and Renewable Energy of the Government of Raconia [hereinafter referred as “CMNRE”]. The
Respondent’s primary business is to carry out schemes and programmes floated by CMNRE. It
also generates revenue from the sale of windmills and hydroelectric turbines.
II. Facts
5. In the year 2014, CMNRE resolved that it needed to shift from conventional energy to solar energy,
which was a self-sustaining power generation model. A Micro Solar Power Plant [hereinafter
referred as “MSPP”] Project was conceived by CMNRE and the Respondent was allotted a
monetary grant of USD 15 million from CMNRE for Phase I of the Micro Solar Power Plants
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Project [hereinafter referred as the “MSPP Agreement”]. This Phase involved manufacturing
10,000 MSPPs by the end of 2017. It was agreed that the costs of Phase II would be covered via a
separate grant issued after the completion of Phase I.
6. Nearly three months after receiving the funds from CMNRE, on 01.02.2016, the Respondent
floated a tender to invite proposals for the supply and setting up of the MSPPs. Being a government
company, it was required to conduct a competitive bidding process and follow the norms of
equality and fair play. Consequently, an auction was conducted and bids from various companies
having expertise in solar technology were invited. The company having the lowest bid was to be
awarded the tender, followed by a formal agreement.
7. The Claimant being a market leader in the renewable energy sector saw an outstanding opportunity
of expanding its business in Raconia. The Claimant submitted its bid, which was found to be lowest
amongst all bids received. Accordingly, the Respondent awarded the tender to the Claimant and
on 05.05.2017 it proceeded to execute a formal agreement [Claimant Exhibit 1, hereinafter referred
as the “Agreement”] with the Claimant.
8. The Agreement was a composite agreement for supply of goods and services, i.e. manufacture,
supply, installation and maintenance of 10,000 MSPPs across the Raconian territory. The entire
process was divided into three Phases i.e. Phase I: Manufacturing Phase, Phase II: Installation
Phase, and Phase III: Maintenance. Phase I involved manufacturing of the photovoltaic panels,
carbon fibre frames to hold the photovoltaic panels together, and other equipment used in the
assembling of the MSPPs. Phase II related to the installation and commissioning of the MSPPs at
the designated locations in the territory of Raconia, and Phase III involved maintenance of the
installed MSPPs for a period of three years from the date of installation.
9. The manufacture of photovoltaic panels involved testing of the panels for a continuous period of
8 hours in benchmark solar radiation on a clear day. This testing was an important aspect as it
enabled the Claimant to ascertain the per-day electricity generation capacity of each panel.
Immediately after the completion of Phase I, the goods so manufactured were to be subjected to
Third-Party Inspection through an independent agency nominated by the Respondent. The
Respondent was to bear the costs of such inspection, utilizing the Ministry’s grant. Phase II would
commence upon receiving a positive Third-Party Inspection Report.
10. Clause II of the Agreement stipulated that the Claimant would complete Phase I work by
30.12.2017 and have the goods ready for Third Party Inspection by such date. It was mutually
decided that the sites where the MSPPs were to be installed and commissioned would be informed
by the Respondent once the Claimant completed the production of the 10,000 MSPPs.
11. In order to meet the stringent deadlines, the Claimant made a cost estimate and found that it would
require more working capital for smooth execution of the project. Accordingly, it applied for a
loan of USD 13 million from the Antaria National Bank, Capital City [hereinafter referred as the
“Bank”]. As a pre-condition to the sanctioning of the loan, the Bank required the Claimant to
furnish some of its immovable properties as collateral. Owing to the Claimant’s stellar reputation
in the market, the loan was immediately sanctioned thereafter.
12. Immediately upon the execution of the Agreement and the release of the loan amount by the Bank,
the Claimant procured the raw material and commenced manufacturing of the photovoltaic panels
and other components to be used in the setting up of the MSPPs. While the manufacturing of
photovoltaic panels did not pose any hurdles, the 8-hour solar radiation testing could not be carried
out due to the onset of monsoon from September to November 2017.
13. Despite the weather conditions, the Claimant continued to manufacture the photovoltaic panels
and other components so as to be able to meet the deadline. On 10.12.2017, the Claimant wrote
to the Respondent, seeking an extension of 5 months for the completion of Phase I due to
unfavourable weather conditions [Claimant Exhibit 2]. The Respondent considered the request and
by letter dated 21.12.2017, granted a 4-month extension till 10.04.2018. By the same letter, it also
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informed the Claimant that the Third Party Inspection will be conducted by Testsoft Private
Limited [hereinafter referred as “Testsoft”], a company incorporated in Raconia [Claimant Exhibit
3].
14. By the end of March 2018, out of the 10,000 MSPPs to be installed at various locations, the
Claimant had completed production of 6,300 MSPPs. This fact was communicated to the
Respondent by Claimant’s letter dated 11.04.2018 [Claimant Exhibit 4], wherein the Claimant
pleaded that the weather did not permit the testing of the finished products. Thus, a further
extension of time was sought by the Claimant to meet the targets set for Phase I. Simultaneously,
the Claimant wrote to Testsoft and informed them that as many as 6,300 MSPPs were ready for
Third Party Inspection. It urged Testsoft to inspect the finished consignment and send a report to
the Respondent so that the Claimant could begin with Phase II insofar as the inspected goods are
concerned [Claimant Exhibit 5].
15. By its letter dated 15.05.2018, the Respondent asked the Claimant to complete Phase I by
30.05.2018, failing which action as per the Agreement would be taken, including termination of the
Agreement between the Parties [Claimant Exhibit 6].
16. In the meanwhile, the Respondent itself sought an extension of time from its parent ministry i.e.
CMNRE and represented that the MSPPs had been completed and were ready to be installed,
however, on account of bad weather conditions and the forthcoming parliamentary elections in
Raconia, implementation of the scheme would be hampered. Thus, it was pleaded that the deadline
for completion of the scheme be extended upto 30.11.2018 so that the scheme can be fully
implemented and the financial assistance already granted to the Respondent can be utilized. The
Claimant later filed a Right to Information application under the Raconian Freedom of
Information Act, 2009 by which CMNRE revealed that it had granted the extension [Claimant
Exhibit 7].
17. On the request of the Claimant, Testsoft conducted the Third Party Inspection and certified the
MSPPs as fit for installation. The inspection report was sent to the Respondent on 21.05.2018 and
a copy of this was also sent to the Claimant [Claimant Exhibit 8]. Based on this certification, on
25.06.2018, the Claimant wrote to the Respondent requesting details of the various locations where
the MSPPs were to be installed. The Claimant also stated in the letter that the remaining MSPPs
were under production and will soon be delivered for third party inspection [Claimant Exhibit 9].
Instead of replying to this letter, the Respondent proceeded to terminate the Agreement on
15.08.2018, on the ground that the Claimant failed to meet the extended deadlines and is liable for
payment of liquidated damages as per the Agreement [Claimant Exhibit 10]. Thereafter, CMNRE,
via notification dated 26.08.2018, blacklisted the Claimant.
18. Aggrieved by the termination of the Agreement, the Claimant has filed this notice of arbitration
under Rule 3 of the SIAC Rules because the conduct of the Respondent in terminating the
Agreement, despite having received an extension for itself is arbitrary and malafide.
III. Arbitration clause and the applicable law
19. Both Antaria and Raconia are parties to the United Nations Convention on Contracts for the
International Sale of Goods, 1988 [hereinafter referred as “CISG”].
20. The arbitration clause is found in Clause XV of the Agreement. It provides as follows:
a. Any dispute arising out of or in connection with this Agreement, including any question regarding
its existence, validity or termination, shall be finally resolved by a sole arbitrator appointed in
accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the
time being in force.
b. The seat of the arbitration will be Lake City, Central Province.
c. The language to be used in the arbitral proceedings will be English.
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21. Antaria, Raconia and Central Province are all parties to the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards 1958 [hereinafter referred as the “New York
Convention”] and have adopted the 1985 text of the UNCITRAL Model Law on International
Commercial Arbitration without amendment.
IV. Legal Conclusions
22. The Respondent has incorrectly invoked Clause XIV of the Agreement since it had willingly
granted the Claimant’s request for extension of time. Additionally, since the Claimant’s non-
performance of its contractual obligations was the result of circumstances beyond its control, it is
exempted from contractual liability by application of the doctrine of force majeure. Therefore, the
Respondent has breached its obligations under Chapter III of the CISG by failing to accept the
finished goods and pay the contract price for these goods.
23. The Claimant is entitled to emergency interim relief under Rule 30.1 of the SIAC Rules since the
contract was terminated without valid legal justification. As has been previously stated, the
Claimant had obtained a private loan of USD 13 million to perform its obligations under the
Agreement. The Respondent’s arbitrary termination has made it impossible for the Claimant to
repay this loan or even generate revenue from the finished goods. This is on account of their
custom-made specifications and the Respondent’s right of first refusal, which entitles it to
emergency interim relief under the SIAC Rules, which the Parties have fully adopted.
24. The Claimant believes that its experience serves as a precedent for prospective bidders for
government tenders. The Respondent’s decision to blacklist the Claimant, which significantly
tarnished the latter’s reputation, was a clear misfeasance of its public office for malafide
purposes. Therefore, the Claimant is entitled to receive exemplary damages.
V. Nomination of Sole Arbitrator
25. Pursuant to the arbitration agreement, the Claimant nominates the following individual for
appointment as the sole arbitrator:
Mr. Duke Nukem
14 Advocate Way, Lake City, Central Province
Tel: (0) 614-1570 | Fax: (0) 614-1571 | Email: dukenukem@lawyers.mp
VI. Relief
26. Consequently, the Claimant requests the Tribunal to:

▪ declare that the Tribunal has the jurisdiction to consider this dispute;
▪ order the Respondent to accept the 6,300 MSPPs that are ready for installation and pay the per
unit price for the finished MSPPs;
▪ order the Respondent to pay interest at the prevailing market rate in Antaria on the contract
price for the finished goods from the date of breach to the date of payment;
▪ order the Respondent to pay an amount equal to 20% of the contract price as exemplary
damages for its wrongful conduct;
▪ grant emergency interim relief of USD 5 million; and
▪ order the Respondent to pay all costs of arbitration, including costs incurred by the Parties.

MAC & MIG LLP.
Encl: Claimant Exhibits C1-C10.
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EXHIBIT C1
SUPPLY AND INSTALLATION AGREEMENT
Whereas the Seller and Buyer commit to the creation and installation of renewable energy products in the
State of Raconia;
Whereas the Seller agrees to manufacture, install and maintain 10,000 Micro Solar Power Plants in
accordance with the Global Solar Panel Standards, 2003;
Whereas the Buyer agrees to pay the purchase price for the supply, installation and maintenance of 10,000
Micro Solar Power Plants [hereinafter referred as the “Agreement”];
Whereas the Parties agree to perform their obligations under the Agreement in a timely and efficient
manner;
Whereas the Parties agree to make reasonable compromises whenever absolutely necessary,
The Parties, as defined in Clause I, agree on the following conditions:
CLAUSE I: PARTIES
Seller: Solar System Pvt. Ltd., 322 Boulevard Road, Capital City, Antaria, telephone (0) 425-1930, fax (0)
425-1937, e-mail solar@solarsystem.co.an, represented by Trevor Armstrong, CEO of Solar System Pvt.
Ltd.
And
Buyer: Raconian Renewable Energy Ltd., 245 UnderWater Park, Oceanside, Raconia, telephone (0) 555-
7356, fax (0) 555-7359, e-mail rrel@raconia.ra, represented by Scarlett Hemsford, CEO of RREL.
CLAUSE II: PERFORMANCE OF THE AGREEMENT
The performance of the Agreement involves three phases, namely:
Phase I: The Seller agrees to manufacture 10,000 Micro Solar Power Plants [hereinafter referred as “MSPP”]
by 30.12.2017. The MSPPs include photovoltaic panels, the holding equipment and other components
thereof, designed to produce 1GW of solar power in a year, catering to the average weather conditions of
Raconia.
Phase II: The finished goods will then have to be installed at the locations decided by the Buyer in
consultation with the Central Ministry for New and Renewable Energy of the Government of Raconia
which the Buyer will duly notify the Seller immediately after completion of Phase I.
Phase III: The installed panels will have to undergo regular maintenance for three years from the date of
installation.
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CLAUSE III: THIRD PARTY INSPECTION
After the completion of Phase I, the finished goods will be required to undergo inspection in accordance
with the Global Solar Panel Standards, 2003, by a third party designated by the Buyer. The costs of Third
Party Inspection will be borne by the Buyer.
CLAUSE IV: PURCHASE PRICE
1. As agreed by the Parties in the tender offer of 01.05.2017, the purchase price for 10,000 MSPPs is
USD 15 million (unit price of USD 1500 per MSPP).
2. The Seller shall additionally be paid USD 10 million for performance of Phase II of the Agreement,
subsequent to the completion of Phase I.
3. The price component for Phase III shall be decided by the Seller and Buyer after the conclusion
of the Agreement, based on the actual rather than anticipated costs.
[...]
CLAUSE XIV: TERMINATION
The Parties reserve the right to terminate this Agreement, upon serving a notice at least 15 days prior to
such termination, on grounds of the other Party’s inability or failure to perform its obligations under the
Agreement, unless such inability or failure has been condoned by the other Party.
CLAUSE XV: DISPUTE RESOLUTION CLAUSE
d. Any dispute arising out of or in connection with this Agreement, including any question regarding
its existence, validity or termination, shall be finally resolved by a sole arbitrator appointed in
accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the
time being in force.
e. The seat of the arbitration will be Lake City, Central Province.
f. The language to be used in the arbitral proceedings will be English.
CLAUSE XVI: CLAIM FOR DAMAGES
Apart from claims seeking payment of purchase price, any breach of this Agreement will confer upon the
Party against which such breach was committed, the option of claiming additional damages up to USD 15
million.
CLAUSE XVII: CONFIDENTIALITY
This Clause relates to all information exchanged between the Parties or of which the Parties become aware
in conjunction with the conclusion, execution or termination of the present Agreement.
The Parties to this Agreement undertake to keep confidential this information for a period of five years
post the completion of this Agreement, save only in respect of the following circumstances:
- where any information is already in the public domain, or becomes part of the public domain
Any breach of this confidentiality obligation will entitle the other party to liquidated damages of USD
50,000.
CLAUSE XVII: RIGHT OF FIRST REFUSAL
The Seller agrees not to supply the finished goods to any other buyer, until the Agreement is concluded,
without the Buyer’s prior approval. This approval can only be conveyed in written form.
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CLAUSE XVIII: CHOICE OF LAW
This Agreement is governed by the UN Convention on the International Sale of Goods, 1988. For issues
not dealt with by this Convention the UNIDROIT Principles are applicable.
Signed on: May 05, 2017
Trevor Armstrong Scarlett Hemsford

CEO, Solar System Private Limited CEO, Raconian Renewable Energy Limited
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EXHIBIT C2
To
Scarlett Hemsford
245 UnderWater Park
Oceanside, Raconia
December 10, 2017
Sub: Request for extension of time
Dear Ms. Hemsford,
Hope this letter finds you well.
As communicated to you during your telephonic conversation with Mr. Armstrong in July 2017, the
manufacturing process of the photovoltaic panels and the other equipment is well under way.
While the manufacturing process hasn’t suffered any stoppages, owing to the unusually heavy rains this
year, we were unable to utilize the months of September to November for solar radiation testing of the
panels.
In fact, these circumstances have compelled us to delay our internal deadlines. But we did not want to act
in haste and compromise on the quality or efficiency of the panels. Therefore, I would request you to grant
us an extension till May 10, 2018 for the completion of Phase-I.
Do let us know if this is agreeable with you.
Looking forward to your response.
Yasser Sequiera,
Head of Production, Solar System Private Limited
22 Boulevard Road, Capital City, Antaria
Email: yassers@solar.com
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EXHIBIT C3
To
Trevor Armstrong
Solar System Private Limited
22 Boulevard Road
Capital City, Antaria
December 21, 2017
Sub: In re request for extension dated December 10, 2017
Dear Mr. Armstrong,
This is in reference to your letter dated December 10, 2017, requesting a further extension for the
completion of Phase I of the Agreement.
Do note that RREL is also operating under strict time constraints imposed by our parent ministry CMNRE.
However, we understand your predicament considering the unusually heavy rains this year, which have
hampered your progress. Taking into account these extenuating circumstances we would be able to grant
you an extension till April 10, 2018.
Please also note that we have appointed Testsoft Pvt. Ltd. for the purposes of conducting the Third Party
Inspection. Kindly coordinate with Mr. Ferhat Emirhan who is the operations in - charge for the MSPP
inspection at Testsoft Pvt. Ltd. and arrange for the testing once all the MSPPs are completed.
Yours sincerely,
Scarlett Hemsford
CEO, Raconian Renewable Energy Limited
245 UnderWater Park, Oceanside, Raconia
Email: scarlett@rel.ac
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EXHIBIT C4
To
Scarlett Hemsford
245 UnderWater Park
Oceanside, Raconia
April 11, 2018
Sub: Progress report of the MSPP Agreement
Dear Ms. Hemsford,
Greetings of the New Year! And apologies for the delayed revert.
I write to you in reference to the extension of time granted by you in your letter dated December 21, 2017.
I am pleased to inform you that we have completed manufacturing as many as 6300 MSPPs, all of which
are ready for third party inspection. We have simultaneously contacted Testsoft Pvt. Ltd. requesting them
to commence the inspection.
Regrettably, however, the weather is still quite unfavorable and we will require some more time to complete
Phase I of the Agreement.
Be assured that we are doing everything in our capacity to meet the deadlines, but the situation is currently
out of our control.
Do let us know at the earliest if you could grant us an extension.
Looking forward to a positive response,
Yasser Sequiera,
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EXHIBIT C5
To
Ferhat Emirhan
Testsoft Private Limited
33, Lagua Street
Downtown, Raconia.
April 11, 2018
Sub: Request for Third Party Inspection
Dear Mr. Emirhan,
I write to you on behalf of Solar System Pvt. Ltd. As you may be aware, we have entered into a contract
with RREL for the supply of 10,000 Micro Solar Power Plants.
We were informed that your company has been assigned the task of carrying out the inspection of the
finished goods, after which we could proceed with Phase II of the Agreement.
As of today, we have finished manufacturing as many as 6300 MSPPs. While we understand that Phase I
of the project requires completion of 10,000 MSPPs, we could save time if you could undertake a phased
inspection, beginning with the 6300 finished MSPPs.
Once you have approved of the panels and notified RREL about the results of the inspection, we will
immediately start working on the installation of the MSPPs.
Do let us know if this arrangement is agreeable with you.
Warm regards,
Trevor Armstrong
Chief Executive Officer, Solar System Private Limited
Email: trevor@solar.com
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EXHIBIT C6
To
Trevor Armstrong
22 Boulevard Road
May 15, 2018
Sub: In re request for extension dated April 11, 2018
Dear Mr. Armstrong,
This is in reference to your letter dated April 11, 2018, requesting a further extension for the completion
of Phase I of the Agreement.
We would be able to grant you an extension till May 30, 2018.
Do note that RREL has granted you repeated extensions in respect of the Agreement, the first phase of
which was due to be completed in the December of 2017. This is inspite of the time constraints we ourselves
are operating under. You must acknowledge that we are also contract bound to the Central Ministry of
New and Renewable Energy in our State. Therefore, we are accountable for every extension we grant.
We believe that it is reasonable for us to expect some reciprocity and consideration from your end. While
we do appreciate your commitment to quality and acknowledge that you have been striving to meet
deadlines, we would be compelled to terminate the Agreement if the new deadline is not met.
Yours sincerely
Scarlett Hemsford
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EXHIBIT C7
To
Trevor Armstrong
22 Boulevard Road
September 04, 2018
Sub: In re application number 145768/2018 (Request for information relating to the Micro Solar
Power Plants Agreement)
Dear Mr. Armstrong,
This is in reference to your RTI application no. 145768/2018 filed under Section 22 of the Freedom of
Information Act, 2009. Your application was transferred to us by the Public Information Officer of the
Central Ministry of New and Renewable Energy of the State of Raconia. In your application, you had
requested details of the communication between the Central Ministry and the Raconian Renewable Energy
Limited, regarding the status of the Micro Solar Power Plants Agreement.
This is to notify you that by letter dated May 31, 2018, Raconian Renewable Energy Limited had requested
for the timelines under the MSPP Agreement to be extended till November 30, 2018, owing to some
administrative occurrences. This request was accordingly accepted and granted by the Ministry. We hope
this information suffices. In case you have a follow up question, please use the same reference number that
has been assigned herewith.
Sincere regards,
Tony Griezmann
Joint Secretary, Central Ministry of New and Renewable Energy
211 Federal Street, Raconia
Email: tony@cmnre.ac.rr
20
EXHIBIT C8
To
Scarlett Hemsford
245 UnderWater Park
Oceanside, Raconia
May 21, 2018
Sub: Outcome of Third Party Inspection
Dear Ms. Hemsford,
This is to inform you that we have concluded the Third Party Inspection of the 6300 finished MSPPs
produced before us by Solar System Pvt. Ltd., as authorized by you.
Upon studying the per day radiation capacity of the photovoltaic cells in the Raconian weather conditions,
the optimum land area-power production ratio and the number of homes the MSPPs can distribute solar
power to, we are of the opinion that the finished goods are fit to be installed.
In normal weather conditions, an average of 5 MSPPs installed per acre of land should be able to generate
5GW of solar power in a year and supply electricity to 60 homes. This not only meets the domestic targets
set aside by the Government of Raconia, but also puts us one step closer to the sustainable energy targets
prescribed in the Global Solar Panel Standards, 2003.
We have enclosed a detailed report containing the above conclusions, the laboratory report of the chemical
analysis of the solar radiations and the environmental clearances from the Department of Renewable
Energy, Raconia.
Do contact us if you require any additional information. As discussed earlier, we would like our expenses
amounting to USD 2 million to be paid via a bank transfer to our corporate account, the details of which
have been forwarded to your accounts team.
Warm regards,
Ferhat Emirhan
CEO, Testsoft Private Limited
33, Lagua Street, Downtown, Raconia.
Email: ferhat@testsoft.com
21
EXHIBIT C9
To
Scarlett Hemsford
245 UnderWater Park
Oceanside, Raconia
June 25, 2018
Sub: Request for details of installation sites
Dear Ms. Hemsford,
I am pleased to inform you that the 6300 finished MSPPs have received quality clearance from the officials
at Testsoft Pvt. Ltd. I have been told that this clearance letter was also forwarded to you.
I wanted to enquire if we could commence the installation of the MSPPs that have received clearance. This
will really save us time while the remaining MSPPs are being simultaneously manufactured.
If you are agreeable with this proposal, do share with us the details of the locations where the MSPPs need
to be installed and the contact details of the packaging and transporting company that we are required to
coordinate with.
Yours sincerely,
Yasser Sequiera,
22
EXHIBIT C10
To
Trevor Armstrong
22 Boulevard Road
August 15, 2018
Sub: In re request for details of installation sites
Dear Mr. Armstrong,
This is in reference to your letter dated June 25, 2018, notifying us of the completion of 6300 MSPPs.
Unfortunately, we will not be able to proceed with the Agreement unless all 10,000 MSPPs are
manufactured and delivered to us. We need not remind you of the various extension requests that we have
entertained and even granted. That more than 35% of Phase I is still due, after the repeated extensions, is
inexcusable.
We were hopeful that you would respect the concessions we had made and put your best foot forward. But
we have been disappointed by your services and are hereby compelled to terminate our Agreement by
invoking Clause XIV.
We would like to bring to your notice that we have already incurred significant costs, including but not
limited to the fees for the lease of land by CMNRE, the service charges paid to Testsoft Pvt. Ltd. and even
the costs of the tendering process. Therefore, we would appreciate if you could pay us contractual damages
for 70% of the contract price i.e. USD 10.5 million.
There is no need to reiterate that neither Party would have intended for the Agreement to end this way.
Nevertheless, we wish you all the best for your future endeavours. Our legal team, headed by Ms. Elena
Pantaleo, will get in touch with you to discuss the future course of action.
Yours sincerely,
Scarlett Hemsford
23
Elena Pantaleo, Advocate

146 Court Street Oceanside, Raconia
T: (0) 125-5585 | F: 125-5586
E: pantaleo@adv.ra
November 25, 2018
The Registrar
Court of Arbitration
Singapore
Re: ARBITRATION BETWEEN SOLAR SYSTEMS PRIVATE LIMITED AND RACONIAN

RENEWABLE ENERGY LIMITED
Dear Sir/Madam,
I am in receipt of the Claimant’s letter dated November 15, 2018 enclosing the Notice of
Arbitration and Statement of Claim by Solar System Private Limited against my client, Raconian Renewal
Energy Limited.
Pursuant to Rule 4 of the SIAC Rules, please find enclosed the Respondent’s Response to the
Notice of Arbitration and Statement of Defence [hereinafter referred as the “Response and Statement of
Defence”]. Pursuant to Rule 4.3, the Respondent confirms that a copy of the Response and Statement of
Defence have been sent to the Claimant today by email and courier. We would like to inform you that the
Respondent agrees the nomination of Mr. Duke Nukem as the sole arbitrator to adjudicate the disputes
between the Parties. The Respondent has also paid the requisite counterclaim filing fee for the
counterclaims made in this Statement of Defence.
Yours sincerely,
Elena Pantaleo (Counsel for Respondent)

146 Court Street
Oceanside, Raconia
Email: pantaleo@adv.ra
Encl:
Response to Notice of Arbitration and Statement of Defence
24
November 25, 2018
RESPONSE TO NOTICE OF ARBITRATION AND STATEMENT OF DEFENCE

in the arbitration
between
1. As a preliminary matter, the Respondent denies all averments made in the Statement of Claim, except
what has been specifically admitted. The Claimant has presented an extremely distorted picture of
the facts which deserves to be disregarded by the Tribunal.
I. Background
2. The Respondent is a government company working towards the upliftment and betterment of the
people of Raconia. It has been in operation for more than three decades and is well-experienced in
contractual dealings, with both domestic and foreign companies.
3. In order to meet the ever-growing electricity needs of Raconia, the Central ministry of New and
Renewable Energy [hereinafter referred as “CMNRE”] resolved to explore alternate sources of
power generation. Solar energy was a natural choice considering its consumption potential, and its
minimal environmental impact. Thus, the Micro Solar Power Plant Project [hereinafter referred as
the “MSPP Project”] was conceived wherein as many as 10,000 Micro Solar Power Plants were to be
installed across the country, which would give to the people of Raconia, stable and continuous
electricity at extremely economical rates.
4. To carry out this CMNRE resolution, the Respondent, a nodal agency of CMNRE, was given the
mandate of implementing the MSPP Project via an agreement [hereinafter referred as “MSPP
Agreement”, Respondent Exhibit 1]. Being a government company, the Respondent was obligated to
maintain transparency and confer equality of opportunity to the service providers. It floated a public
notice inviting tenders for the supply of solar panels. Thereafter, technical and financial bids from
various companies having expertise in solar technology were received. The company having the
lowest bid with the required technical specifications was to be awarded the tender, which would be
followed by a formal agreement.
5. The Claimant, a market leader in the renewable energy sector, provided the lowest bid catering to the
required technical specifications and was accordingly awarded the tender. On 05.05.2017, the
Respondent and Claimant entered into a formal agreement [hereinafter referred as the “Agreement”],
which specified the various obligations of the Claimant, in the form of phases of performance and
the time limits within which these phases were to be completed. Subsequent to this Agreement,
CMNRE leased out 2000 acres of land in favour of the Respondent for the installation of the MSPPs
[Respondent Exhibit 2].
II. Statement of Counterclaim
6. The Claimant is in clear breach of Clause II of the Supply and Installation Agreement which
prescribes that Phase I of the MSPP Project was to be completed by 30.12.2017. This Phase involved
manufacturing 10,000 MSPPs and having them inspected by Testsoft Pvt. Ltd. Though it was granted
several extensions, the Claimant failed to complete even 65% of the first Phase of the project which
is now overdue by nearly a year [Claimant Exhibits 3 and 6]. The Claimant’s delayed performance also
compelled the Respondent to seek an extension from CMNRE for the completion of the project,
while continuously incurring expenses on account of its lease agreement with the Ministry [Respondent
Exhibit 3].
7. There exists no obligation on the Respondent to accept the goods under the Agreement as under the
substantive law governing the Agreement the buyer is obligated to buy only when the contract is fully
performed. The Claimant, owing to its extensive experience in undertaking similar projects in
25
multiple regions, ought to have reasonably foreseen that the monsoon would impede the progress of
the manufacturing and testing stages of the Agreement. Therefore, the Claimant’s inability to
complete Phase I on time is a fundamental breach of the contractual terms in its letter and spirit.
III. Damages for counterclaim
8. In light of the Claimant’s default, it is requested that the breach of the Agreement be remedied by
liquidated damages amounting to USD 10.5 million, in lieu of the expenses incurred by the
Respondent towards the tendering process, costs of Third Party Inspection by Testsoft Pvt. Ltd.
[Claimant Exhibit 7], leasehold expenses paid to the Government of Raconia and other incidental
expenses.
IV. Respondent has not violated the terms of the Agreement
9. Though the Claimant agreed to the terms and conditions of the Agreement, it failed to complete
even Phase I of the project citing weather issues. It is undisputed that the Respondent was initially
responsive to the requests of the Claimant and granted several extensions. However, these extensions
were only meant to apply to the period in which the effects of the extenuating circumstances (in this
case, the monsoon) could still be felt. Once these circumstances ceased to exist, the Claimant could
not have continued to make use of these extensions. At the same time, the Respondent was under
no obligation to grant additional extensions beyond those which it had already granted. Therefore,
the Respondent rightfully terminated the Agreement by invoking Clause XIV [Claimant Exhibit 9].
V. Claimant’s request for exemplary damages are untenable under the Agreement
10. Preliminarily, under Rule 31 of the SIAC Rules, equitable reliefs cannot be granted by this Tribunal
unless the Parties expressly confer upon the Tribunal such authority. Additionally, the Claimant’s
request for exemplary damages cannot be granted under the terms of the present Agreement as such
damages have not been agreed upon by the Parties as a remedy for contractual breach. Clause XV of
the Agreement, under which this Tribunal is constituted, only empowers this Tribunal to consider
issues relating to the Agreement.
VI. Claimant’s request for emergency interim relief lacks merit
11. There is no rationale behind the claim for emergency interim relief under Rule 30.1 of the SIAC
Rules, raised in the Notice of Arbitration. In fact, the purported financial urgency arises out of the
Claimant’s inability to perform its contractual obligations. Accordingly, the Claimant must not be
allowed to take undue advantage of its own wrongful conduct. Furthermore, the grant of emergency
interim relief under such circumstances, to the tune of one-third of the purchase price, would be a
gross miscarriage of justice.
VII. Relief
12. Respondent requests the Tribunal to:
▪ declare that the Respondent has not wrongfully avoided the Agreement;
▪ dismiss the Claimant’s request for emergency interim relief, liquidated damages and
exemplary damages;
▪ declare that the Claimant has breached its obligations under the Agreement;
▪ order the Claimant to pay damages to the tune of 10.5 million for the breach of the
Agreement;
▪ order the Claimant to pay interest at the prevailing market rate in Raconia on the
damages awarded from the date of intended delivery of the MSPPs to the date of the
conclusion of the present arbitral proceedings.
26
Elena Pantaleo (Counsel for Respondent)

146 Court Street, Oceanside, Raconia
Email: pantaleo@adv.ra
Encl: Respondent Exhibits R1-R3.
27
EXHIBIT R1
MICRO SOLAR POWER PLANT AGREEMENT
Whereas the promotion and use of renewable energy is considered as a sustainable development goal for
developing and developed nations;
Whereas the Parties to this Contract undertake to provide subsidised renewable energy to the citizens of
Raconia, in furtherance of the Government of Raconia’s welfare policies;
Whereas the Parties to this Contract undertake to adhere to the principles of equality, non-arbitrariness and
transparency in all transactions connected to and arising from this Contract;
Whereas the Parties to this Contract agree to respect their commitment to quality, and not quantity;
Whereas the Parties agree to act in a timely and efficient manner;
The Parties give onto themselves this Agreement:
ARTICLE 1: PARTIES
Government: Central Ministry of New and Renewable Energy, 211 Federal Street, Raconia, telephone: (0)
744-7086, fax: (0) 311-5562, represented by Tony Griezmann, Joint Secretary, CMNRE.
And
Company: Raconian Renewable Energy Ltd., 245 UnderWater Park, Oceanside, Raconia, telephone: (0)
555-7356, fax: (0) 555-7359, represented by Scarlett Hemsworth, CEO of RREL.
ARTICLE 2: PERFORMANCE OF THE CONTRACT
1. The Company undertakes to commission the manufacturing, installation and maintenance of

10,000 Micro Solar Power Plant Projects [hereinafter referred as “MSPP”] of power production
capacity of 1GW in a year, in pursuance of the Government’s Renewable Energy Scheme of 2006.
2. The Government undertakes to pay a consideration of USD 15 million for the manufacturing of
10,000 MSPPs. This amount shall be paid at the time of execution of this Agreement.
3. The Government agrees to issue an additional grant of USD 10 million for the installation of the
MSPPs. However, this amount will only be disbursed upon the completion of the entire
manufacturing process.
28
ARTICLE 3: GRANT OF LEASE
1. The Government agrees to lease out 2000 acres of land, across the territory of the State of Raconia
for the installation of the 10,000 MSPPs, the locations of which shall be decided in due course.
2. The Company agrees to pay an annual rent of USD 1000 per acre of land to the Government from
the time the lease deed is executed.
ARTICLE 4: PROFIT-SHARING
1. The Parties agree to sell, or facilitate the sale of solar energy at reduced rates to private distributors.
2. The revenue generated by these sales shall be shared on a 50-50 basis between the Government
and the Company.
ARTICLE 5: DEADLINE
The Company agrees to complete the manufacturing of the 10,000 MSPPs by January 01, 2018 and the
installation of the panels at the designated sites by May 01, 2018. The maintenance period of the MSPP
Project shall conclude three years after the installation of the panels.
[..]
ARTICLE 16: DESIGNATED REPRESENTATIVE
The Company agrees to independently handle all litigations and arbitrations arising out of, or in connection
to this Contract, unless exceptional circumstances require otherwise.
ARTICLE 17: TERMINATION
Either Party reserves the right to terminate this Contract, with 30 days’ notice, on grounds of the other
Party’s inability or failure to perform its obligations under the Agreement, unless such inability or failure
has been condoned by the other Party.
ARTICLE 18: TRANSPARENCY
All information and proceedings under this Contract shall be made public pursuant to Section 57 of the
Raconian Freedom of Information Act, 2009.
Effected on: November 25, 2015
Tony Griezmann Scarlett Hemsford

Joint Secretary, CMNRE CEO, Raconian Renewable Energy Limited
29
EXHIBIT R2
To
Scarlett Hemsford
245 UnderWater Park
Oceanside, Raconia
May 07, 2017
Sub: Grant of lease in accordance with Article 3 of the MSPP Agreement
Dear Ms. Hemsford,
This is to notify you that we have identified the requisite tracts of land for the installation of the MSPPs
and hereby allot the same in accordance with the lease terms decided under Article 3 of the MSPP
Agreement. These leasehold lands are only to be used for the purposes agreed upon by us in our previous
negotiations.
Our legal team will be in touch with you to finalise the terms and formalise the lease agreement.
The date for the execution of this lease shall be May 30, 2017 and RREL will subsequently be liable to pay
the lease amount for the first 6 months in advance.
Sincere regards,
Tony Griezmann
Joint Secretary, Central Ministry of New and Renewable Energy
211 Federal Street, Raconia
Email: tony@cmnre.rc
30
EXHIBIT R3
To
Tony Griezmann
Joint Secretary
Central Ministry of New and Renewable Energy
211 Federal Street
Raconia
May 20, 2018
Sub: Request for an extension for the completion of the MSPP project
Dear Mr. Griezmann,
We had earlier informed you that we had invited tenders for the manufacturing, supply and installation of
the Micro Solar Power Plants and awarded the tender to Solar Systems Pvt. Ltd. on May 05, 2017.
The Supply and Installation Agreement entered into with Solar Systems Pvt. Ltd. was enacted to give effect
to the deadlines agreed upon between us. However, owing to the unfavorable weather conditions, the
manufacturing of the solar panels has still not been completed by the Solar System Pvt. Ltd. In addition,
the forthcoming parliamentary elections in the State of Raconia will inevitably delay the installation of the
MSPPs. Therefore, we are compelled to request an extension for the completion of the entire project, i.e.,
manufacturing and installation, till November 30, 2018.
The extension would aid us in effectively utilizing the monetary grant we have received from you and
performing our obligations under the MSPP Agreement. Be assured that we will continue paying rent for
the land leased out to us by you, even if the deadlines are extended.
Apologies for the inconvenience this request has caused.
Looking forward to a positive response from you.
Sincere regards,
Scarlett Hemsford
31
December 03, 2018
The Registrar
Court of Arbitration,
Singapore
REQUEST FOR JOINDER OF PARTIES

I. Parties
1. This is in reference to the notice of arbitration filed by Solar System Private Limited before the SIAC
on November 15, 2018, which has been enclosed. The Respondent, Raconian Renewable Energy
Limited, requests that this may be treated as an application under Rule 7.8 of the SIAC Rules 2016,
which the Parties have agreed will apply to this arbitration proceeding under Clause XV of the
Agreement. The Respondent requests that CMNRE be joined as a Respondent party to this
proceeding.
2. CMNRE is a Union Ministry of the State of Raconia. It has its principal office at Central Ministry of
New and Renewable Energy, 211 Federal Street, Raconia. The telephone number is (0) 744-7086,
fax: (0) 311-5562.
II. Brief Statement of Facts and legal reasons
3. Preliminarily, this request for joinder derives the force of law from Article 16 of the MSPP Agreement
entered into between CMNRE and the Respondent, which permits the Ministry to be impleaded in
arbitration proceedings when exceptional circumstances so require. It is the Respondent’s contention
that the present circumstances meet this threshold. Under the MSPP Agreement, the Respondent
has been appointed as a nodal agency and provided a grant of USD 15 million for the completion of
Phase I of the MSPP Project. It was instructed to utilise the amount of USD 15 million to pay the
Claimant for the cost of manufacturing of MSPPs. On the completion of this phase the Respondent
was to be provided with an additional grant of USD 10 million for Phase II of the project. Clearly,
CMNRE was the primary financier of the entire MSPP project.
4. However, the maintenance costs under Phase III were to be borne by the Respondent utilising the
revenue generated by the sale of electricity. Additionally, the expenses of the Third Party Inspection
conducted by Testsoft Pvt. Ltd and the rent of the leased land were to be dispensed using the initial
grant for Phase I.
5. The Respondent to this date has only received USD 15 million for the completion of Phase I, which
is yet to be completed by the Claimant. It is imperative to bring to the Tribunal’s notice that the
Respondent derived most of its turnover from its engagements with CMNRE. The damages claimed
in the notice of arbitration far exceed the financial capacity of the Respondent and it is hence
requested that CMNRE be joined as a party to the dispute.
Elena Pantaleo, Adv. (Counsel for Respondent)

146 Court Street Oceanside, Raconia
Tel. (0) 125-5585
Telefax (0) 125-5586
32
December 07, 2018
The Registrar
Singapore
OPPOSITION TO THE REQUEST FOR JOINDER OF PARTIES
1. This is in reference to the request for joinder of parties filed by Raconian Renewable Energy Limited
on December 03, 2018. We have been informed that the Respondent has requested the Tribunal to
join CMNRE as a party to these proceedings. However, we would like to bring to the Tribunal’s
notice that such joinder is impermissible because this would infringe upon the contractual privity of
the Supply and Installation Agreement. The Respondent possesses a distinct legal identity in exercise
of which it has incurred contractual liability to indemnify us. Therefore, it is unfair and illegal for the
Tribunal to allow the Respondent to set-off its liability with CMNRE.
2. In any case, even if the Respondent’s liability is treated as a composite liability it shares with CMNRE,
Article 16 of the MSPP Agreement designates the Respondent as the permanent representative of
the Government. This clause essentially does away with the need to separately implead CMNRE in
any disputes that concern either the MSPP Agreement or the conduct of the Respondent.
Understandably, the Ministry is apprehensive about creating a floodgate situation and getting
embroiled in multiple litigations.
3. Our concerns with the Respondent’s request also extend to the confidentiality breaches that the
Ministry’s joinder would potentially trigger. CMNRE, being a government entity, is bound by a
statutory obligation to make public all the information disclosed during the proceedings, which is
antithetical to the confidentiality obligations under Rule 39 of the SIAC Rules 2016. This leaves the
Claimant with no safeguard against potential disclosures of price-sensitive information under the
Supply and Installation Agreement. Therefore, we would request the Tribunal to bear in mind the
best interests of all the stakeholders involved and reject the request for joinder.

MAC & MIG LLP.
33
December 22, 2018
The Registrar
Singapore
STATEMENT OF DEFENCE TO COUNTERCLAIM

(Pursuant to Rule 20.4 of the SIAC Rules 2016)
In the arbitral proceedings
between
1. In its Counterclaim filed on November 25, 2018, the Respondent has alleged that the Claimant has
breached the contract by failing to deliver the 10,000 MSPPs on time. However, this allegation is
unfounded since the Respondent itself had granted us an extension on May 15, 2018.
2. Further, the Respondent had also secured an extension from the CMNRE [Respondent Exhibit R3].
Therefore, the urgency, which supposedly triggered the Respondent’s termination of the
Agreement, has ceased to exist. In any case, the weather conditions which compelled us to
repeatedly ask for extensions, were completely out of our control and we cannot be held
responsible for consequences arising out of such circumstances.
3. It is on this basis that we would request the Tribunal to summarily dismiss the Respondent’s
counterclaim by exercise of its discretion under Rule 29.3 of the SIAC Rules 2016. Needless to say,
the Tribunal is authorised to apply the procedure for summary dismissal considering that the
Parties have expressed their intention to be bound by the SIAC Rules, which have been
incorporated via Clause XV of the Agreement. It is pertinent to note that in such cases of
incorporation, there is no requirement of separately opting in to summary procedure.
4. As we had disclosed in our Statement of Claim, we are time-bound to repay the loan of USD 13
million obtained by us. Therefore, it would be in the interests of time and efficiency to strike off
the Respondent’s counterclaim and solely arbitrate the merits of our claim (which includes the
request for emergency interim relief).

MAC & MIG LLP.
34
PROCEDURAL ORDER NO. 1

of December 30, 2018
in the Arbitral Proceedings

between
Solar Systems Private Limited and Raconian Renewable Energy Limited
1. The Tribunal takes note of the following facts:
a) The President of the Court of Arbitration of SIAC appointed me as the sole arbitrator on
December 01, 2018 pursuant to Rule 9.3 of the SIAC Rules 2016. The Parties were informed
of the constitution of the Tribunal by SIAC on the same day.
b) Neither Party challenges the jurisdiction of the Tribunal over this dispute in principle, though
the Respondent contests the authority of the Tribunal to award exemplary damages.
c) Both Parties agree that the Supply and Installation Agreement dated May 05, 2017 [the
“Agreement”] is subject to the CISG.
d) The Parties are in agreement that in light of the issues in dispute, there is a need to bifurcate the
proceedings. The first part of the proceedings will be devoted to adjudicating the request for
joinder, the Claimant’s reservations with the joinder request and the application for summary
dismissal of the Respondent’s counterclaim. The latter part of the proceedings will examine the
merits of the Claimant’s allegation that the Respondent wrongfully avoided the Agreement and
its request for damages.
e) Both the procedural and the substantive issues will be presented jointly at the oral hearing.
f) Both Parties have agreed that irrespective of the outcome of the procedural claims, the alleged
breach of the Agreement and consequent request for damages merits a separate award.
2. In light of these considerations, the Parties are required to address the following issues in the oral
hearings at Lake City, Central Province:
a) Whether the Claimant can invoke summary procedure under Rule 29 of the SIAC Rules 2016
to request dismissal of the Respondent’s counterclaim?
b) Whether the Central Ministry for New and Renewable Energy of the State of Raconia may be
joined as a party to the present arbitral proceedings?
c) Whether the joinder of the Central Ministry for New and Renewable Energy of the State of
Raconia infringes the Claimant’s confidentiality obligation under Rule 39 of the SIAC Rules
2016?
d) Whether the Claimant is entitled to emergency interim relief under Rule 30.1 of the SIAC Rules
2016?
e) Whether the Claimant’s conduct breached the Agreement and whether the Respondent was
justified in terminating the Agreement?
f) Whether the Tribunal has the authority to grant exemplary damages and whether the Claimant
is entitled to such damages?
3. The written submissions of the Parties must be sent in no later than 11:59 pm (IST) on February
5, 2019.
4. The submissions are to be made in accordance with the Rules of the Moot as agreed upon by the
Parties at the preliminary meeting presided by the duly appointed sole arbitrator.
35
5. It is undisputed between the Parties that Central Province, Raconia and Antaria are Contracting
States of the CISG and have adopted the 1985 text of the UNCITRAL Model Law on International
Commercial Arbitration without amendment and the New York Convention.
6. Clarifications regarding the Procedural Order No. 1, the Statement of Claim, Statement of Defense
and any other exhibits produced by either Party, must be addressed to mca@nliu.ac.in. The
questions must be categorized as follows:
a) Questions relating to the negotiation, drafting and conclusion of the Agreement.
b) Questions relating to the negotiation, drafting and conclusion of the MSPP Agreement.
c) Questions concerning the joinder of CMNRE in the arbitral proceedings.
d) Questions concerning the confidentiality concerns arising out of the joinder.
e) Questions concerning summary disposal procedures.
f) Questions concerning computation of damages.
g) Questions concerning exemplary damages and emergency interim relief.
h) Questions relating to the applicable laws and the official Rules of the Moot.
i) Other questions.
7. Both Parties are invited to attend the oral hearing scheduled for 22 – 24 February, 2019. The details
concerning the timing and the venue will be provided in due course.
Duke Nukem
(Sole Arbitrator)

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4TH NLIU JUSTICE R.K.

TANKHA MEMORIAL INTERNATIONAL

February 22, 2019 - February 24, 2019

Sr. No. Particulars Page

ABOUT LATE JUSTICE R.K. TANKHA

ACKNOWLEDGMENT - THE OFFICE OF MR. VIVEK TANKHA

ACKNOWLEDGMENT - THE DRAFTING COMMITTEE

MAC & MIG LLP.

November 15, 2018

SUB: NOTICE OF ARBITRATION

Veronica Moss (Counsel for Claimant)

November 15, 2018

NOTICE OF ARBITRATION AND STATEMENT OF CLAIM

in the arbitral proceedings

Solar System Pvt. Ltd.

Represented by Mac & Mig LLP.

Raconian Renewable Energy Limited

III. Arbitration clause and the applicable law

IV. Legal Conclusions

V. Nomination of Sole Arbitrator

26. Consequently, the Claimant requests the Tribunal to:

Veronica Moss (Counsel for Claimant)

SUPPLY AND INSTALLATION AGREEMENT

The Parties, as defined in Clause I, agree on the following conditions:

CLAUSE II: PERFORMANCE OF THE AGREEMENT

The performance of the Agreement involves three phases, namely:

CLAUSE III: THIRD PARTY INSPECTION

CLAUSE IV: PURCHASE PRICE

CLAUSE XIV: TERMINATION

CLAUSE XV: DISPUTE RESOLUTION CLAUSE

CLAUSE XVI: CLAIM FOR DAMAGES

CLAUSE XVII: CONFIDENTIALITY

CLAUSE XVII: RIGHT OF FIRST REFUSAL

CLAUSE XVIII: CHOICE OF LAW

Signed on: May 05, 2017

Trevor Armstrong Scarlett Hemsford

December 10, 2017

Sub: Request for extension of time

Dear Ms. Hemsford,

Hope this letter finds you well.

Do let us know if this is agreeable with you.

Looking forward to your response.

December 21, 2017

Sub: In re request for extension dated December 10, 2017

Dear Mr. Armstrong,

Hope this letter finds you well.

April 11, 2018

Sub: Progress report of the MSPP Agreement

Dear Ms. Hemsford,

Do let us know at the earliest if you could grant us an extension.

Looking forward to a positive response,

April 11, 2018

Sub: Request for Third Party Inspection

Dear Mr. Emirhan,

Do let us know if this arrangement is agreeable with you.

May 15, 2018

Sub: In re request for extension dated April 11, 2018

Dear Mr. Armstrong,

Hope this letter finds you well.

We would be able to grant you an extension till May 30, 2018.

September 04, 2018

Dear Mr. Armstrong,

May 21, 2018