- (1.) In this petition under Section 11(5) read with Section 11(12) of the Arbitration and Conciliation Act, 1996, the petitioner prays for the appointment of a sole arbitrator for adjudication of disputes that have arisen between the parties in relation to a "Service Provider Agreement" executed between them. The facts in brief are as under:
(2.) The petitioner-company is registered under the Laws of Panama with its Registered Office at Microjacket-359003, Roll 64778, Frame 53, Panama and a representative office at C-204, LGF, Greater Kailash-I, New Delhi- 110048. The company, it appears, is engaged in providing liaison services to companies in public as well as in private sector within and outside the country including procurement of contracts from Government agencies for its clients and providing facilitation of pre and post contractual obligations and activities agreed upon by the parties. The company claims a small percentage of the value of the contract towards its fee for the Agency services rendered to its clients.
(3.) The petitioner's case is that M/s. Mass Global Investment Company incorporated under the Iraqi Law and engaged in power production for Kurdistan Regional Government is one of its clients. Its further case is that in January-February 2006, the petitioner introduced respondent-Bharat Heavy Electricals Limited, a public sector undertaking engaged in integrated power equipment plant manufacturing to the said M/s Mass Global Investment company in connection with a "Turnkey Supply of Arbeel Power Plant" in the State of Kurdistan. A contract was, according to the petitioner, signed between M/s Mass Global Investment Company ("the MGIC" for short) and the respondent on 6th May, 2006. The petitioner claims that the respondent had agreed to pay 1.1% of the contract value as agency fee for the services rendered by the petitioner in connection with the said Arbeel project for the respondent. The project could not, however, materialize for no fault of the petitioner. That did not deter the petitioner from using its good offices to procure another project by the name "Sulaymaniah Gas Power Project". A Memorandum of Agreement was signed between the petitioner's client and the respondent- Corporation on 20th January, 2007 for execution of the said project which was followed by signing of a Turnkey contract on 4th March, 2007. The original contract value of the project aforementioned was US $ 117,000,000 which was later increased to US $ 118,181,750. The petitioner asserts that as in the case of Arbeel project, the respondent had agreed to pay 1.1% of the contract value towards agency fee to the petitioner without the requirement of providing any further service.;