ORDER

The petitioner has filed this petition under Section 11(4) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) for appointment of an Arbitral Tribunal for adjudication of its claims and settlement of the disputes between the parties.

2. The facts, in brief, as stated by petitioner are as follows :

2.1) Petitioner is a company incorporated under the laws of Tunisia. The respondent placed purchase orders dated 10.11.2000, 17.11.2000, 4.12.2000, 20.12.2000 and 13.7.2001 on the petitioner for supply of various quantities of Phosphoric Acid. Each purchase order stipulated the quantity to be supplied, the price, the payment terms and shipment particulars. All the purchase orders stated that all other terms and conditions are as per FAI terms (that is, the “Fertilizer Association of India Terms and Conditions for Sale and Purchase of Phosphoric Acid”). Clause 15 of FAI terms provided for settlement of disputes by arbitration.

2.2) The petitioner effected the supplies in pursuance of the purchase orders and raised invoices for such supplies. The respondent failed to pay the invoice amounts aggregating to US $ 1,50,15,913.38 in respect of the supplies against the said pur