1. The above Application is filed by the Applicant-Voltas Limited against the Respondent-M.P. Entertainment & Developers Pvt. Ltd. for appointment of a Sole Arbitrator under Section 11 (6) of the Arbitration and Conciliation Act, 1996 ("the Act") to adjudicate the disputes and differences that have arisen between the parties relating to two Work Orders both dated 2nd August, 2007 (Exhibits-A and A-1 to the Application).

2. According to the Applicant, the facts leading to the filing of the present Application, in brief are as follows:

2.1 On 2nd August, 2007, two inter-connected Work Orders namely MP/ENT/033/07-08 and MP/ENT/033/1/07-08 were issued to the Applicant by the Respondent for "HVAC Low Side" and supply of 3 water-cooled 475 TR centrifugal chiller unit. Both the Work Orders (at pages 22 and 24 of the Application) contained the following Clause:

"In case of any dispute during the execution of the work and if the matter is referred to Arbitration then it will be resolved by dual Arbitrator, one by client and another by contractor" (Emphasis supplied)

(hereinafter referred to as the ‘Subject Clause’)

2.2 Disputes arose between the parties during the pendency of the works