Protech Engineers Limited (Referred as 'Protech'), a Bangalore-based company engaged in manufacturing high-tech equipment, as part of its long-term business strategy, decided to expand into renewable energy sector. In Ja

Protech Engineers Limited (Referred as 'Protech'), a Bangalore-based company engaged in manufacturing high-tech equipment, as part of its long-term business strategy, decided to expand into renewable energy sector. In January 2024, it entered into a commercial agreement with Zong Energy Pte. Limited, (Referred as 'Zong Energy') a Singapore-based company known for executing large-scale solar power projects across Asia. The agreement relates to supply, installation and commissioning of a 100 MW solar power plant in Rajasthan. Under the contract, Zong Energy was responsible for supplying solar photovoltaic equipment, providing technical installation support and offering specialized engineering services required for setting up the project. The project involved strict timelines because the electricity generated from the plant was to be supplied to industrial consumers under long-term supply arrangements. The contract contained detailed provisions relating to performance obligations, payment terms, dispute resolution and risk allocation. As per the agreed financial structure, Protech was required to pay: 30% of the contract value as advance payment. 50% upon delivery of equipment and The remaining 20% after successful commissioning of the solar plant. The agreement also provided for a Force Majeure clause, by which either party would be excused from performance if unforeseen circumstances beyond their control occurred. Such events included natural disasters, pandemics, and government restrictions affecting the import or export of equipment. A dispute resolution mechanism was also contemplated between the parties. It provided that any dispute arising out of or in connection with the contract would be referred to arbitration in Singapore under UNCITRAL Rules, with Singapore designated as the seat of arbitration. The governing law of the contract was stated to be the Indian Contract Act, 1872. However, it later came to light that the arbitration clause was not incorporated in the main contract document signed by both parties. Instead, the clause was included through a Supplementary Letter dated 12th January 2024, which was signed on behalf of Zong Energy by its Chief Executive Officer (CEO). The main agreement made reference to certain supplementary documents forming part of the overall contractual understanding between the parties. Initially, the project progressed without any major issues. Zong Energy supplied certain components required for the solar plant and installation work commenced at the project site in Rajasthan. However, after partial delivery and commencement of installation, Protech began to face operational difficulties. Protech alleged that some of the components supplied by Zong Energy were sub-standard and not in accordance with the agreed technical specifications. According to Protech, these defects were likely to affect the efficiency and output of the solar power plant and could result in financial losses estimated at approximately ₹ 8 Crore. The parties attempted to resolve the dispute through discussions and mutual negotiations. Senior representatives from both sides held several meetings to explore possible solutions, including replacement of defective equipment and revision of project timelines. Despite these efforts, the dispute could not be resolved amicably. Consequently, on 1st October 2024, Protech issued a Notice of Arbitration, seeking to invoke the arbitration mechanism. At this stage, Zong Energy raised an objection to the arbitration proceedings. It contended that the arbitration clause was not valid and binding, as it was introduced through the supplementary letter signed by the CEO, who allegedly did not have proper board authorization to include such a clause. Therefore, Zong Energy argued that there was no valid arbitration agreement between the parties. Despite this objection, Protech proceeded to file an application before an Indian Court under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator. Zong Energy opposed the application on the ground that Indian Courts lacked jurisdiction, as the contract clearly specified Singapore as the seat of arbitration. According to Zong Energy, Courts at the seat of arbitration alone would have supervisory jurisdiction over the arbitral process. The dispute further escalated when Zong Energy withheld 15% of the contract payment, citing foreign exchange fluctuations and invoking the Force Majeure clause. Zong Energy also raised counter-claims amounting to ₹ 4 Crore, alleging that delays in the project were caused due to defective components supplied or mishandled by Protech. Protech disputed these allegations and contended that some of the claims raised by Zong Energy were not covered within the scope of the arbitration arrangement between the parties. Meanwhile, Protech became concerned about the advance payment already made to Zong Energy. Since a portion of the advance remained unutilized and was held in Indian bank accounts, Protech approached an Indian Court under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief for protection and attachment of such funds. In these circumstances, multiple issues have arisen between the parties relating to the existence and validity of the arbitration arrangement, the jurisdiction of Courts in view of the foreign seat, the scope of disputes that may be referred to arbitration and the availability of remedies to safeguard financial interests pending resolution of the dispute. The parties are also considering whether the dispute can be resolved through an expedited procedure, if permissible under the applicable legal framework. In the light of the above scenario, answer the following questions: Advise whether Protech can seek interim relief from Indian Courts under Section 9 of the Arbitration and Conciliation Act, 1996 for attachment or protection of unspent advance payments held in Indian bank accounts of Zong Energy in view of the foreign seat of arbitration and the Force Majeure claim raised by Zong Energy.