ORDER

G.P. MATHUR, J.- THE APPLICANT VIGIL MARINE SERVICES HAS MOVED THIS APPLICATION UNDER SECTION 11 (5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THAT THE VALIDITY OF THE APPOINTMENT OF SHRI P.B. MENON AS A SOLE ARBITRATOR FOR DETERMINING THE DISPUTE BETWEEN THE APPLICANT AND THE RESPONDENT COCHIN SHIPYARD LTD. BE CONFIRMED OR IN THE ALTERNATIVE A SOLE A ARBITRATOR MAY BE APPOINTED TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES.

2. THE APPLICATION IS FOUNDED ON THE PLEA THAT AN AGENCY AGREEMENT WAS ENTERED INTO BETWEEN THE APPLICANT, WHICH IS CARRYING ON BUSINESS AS COMMISSION AGENT AND BROKER IN THE MARITIME INDUSTRY, AND THE RESPONDENT COCHIN SHIPYARD LTD., WHICH IS A SHIPBUILDER/SHIP REPAIRER, ON 1-8-1993 AND CLAUSE 5 OF THE SAID AGREEMENT CONTAINS AN ARBITRATION CLAUSE WHICH READS AS UNDER:

"5. ARBITRATION.-IN CASE OF ANY DISPUTE OR DIFFERENCE ARISING OUT OF THE PRESENT AGREEMENT, WHICH CANNOT BE SETTLED BY MUTUAL NEGOTIATIONS, THE SAME SHALL BE REFERRED TO ARBITRATION AND THE AWARD MADE IN PURSUANCE THEREOF SHALL BE BINDING ON THE PARTIES. THE PROCEEDINGS OF ARBITRATION SHALL BE CONDUCTED UNDER THE INDIAN ARBITRATION ACT, 1940. THE VENUE OF ARBITRATION SHALL BE