- (1.) THIS, is an application filed under section 11 (6) of the Arbitration and conciliation Act, 1996 (in short "the Act")for appointment of an Arbitrator.
(2.) I have heard Dr. A. M. Singhvi, learned senior counsel for the applicant and mr. Kailash Vasdev, learned senior counsel for the respondents at length. The sole question that arises for consideration in this petition is as to whether an application under Section 11 (6) of the Act is maintainable? In view of the order that I propose to pass, it may not be necessary to recite the entire facts, leading to the filing of the present application.
(3.) SUFFICE it to say that contract nos. 2001-SI/25, 2001-SI/26 both dated 12th january 2001 and Contract No. 2001-SII/41 dated 28th February 2001 were amended/ modified by way of a common addendum no. 1 on 2. 3. 2001. By an addendum dated 2nd March, 2001 clause (ii) was introduced. It reads : " (ii) Settlement of disputes through Indian arbitration Council, Delhi. " The dispute having arisen and as agreed to by both the parties the matter was referred to one Mr. Samuel J. Marshall, who was agent for both the parties in the transactions and who also agreed to mediate between the parties. With the intervention of Mr. Samuel J. Marshal, the parties arrived at an agreement to resolve the dispute between the parties. The settlement agreement was entered into on 18. 1. 2002. Clause 18 of the settlement reads : "18. Should any dispute or non implementation arise this will be adjudicated solely by Mr. Samuel J. Marshall. " ;