SANJIB BANERJEE,J. - (1.) The respondent has not been called upon.
(2.) This is an appeal under section 37 of the Arbitration and Conciliation Act, 1996 from an order setting aside an arbitral award of August 30, 2011 on the ground that the constitution of the arbitral tribunal was in derogation of the arbitration agreement between the parties.
(3.) The arbitration clause in the distribution agreement between the parties dated July 1, 2003 was as follows:- "This Distribution Agreement shall be construed in accordance with, and governed in all respects by the Indian Law. Should any controversy arise in regard to this agreement, the parties agree that it will be submitted, and the ruling accepted as final to an arbitration Board composed by three members, one appointed by the Distributor, one by Parker and one by the Chamber of Commerce of India. The Arbitration process should be governed by Indian Arbitration Act 1996 / subsequent revision and the venue will be Parker Hannifin India Pvt. Ltd. Plot # EL- 26,MIDC, Mahare, Navi Mumbai - 400 701." ;