JUDGMENT

Prakash Shrivastava, CJ. - This application under Section 11(6) of the arbitration and Conciliation act, 1996 for appointment of arbitrator to resolve the dispute between the parties.

2. It is undisputed that the agreement dated 26th June, 2015 was executed between the parties which contain the following arbitration clause:

'33. any dispute arising out of or in connection with this agreement including matters relating to the rights and obligations of the parties arising out of or in connection with this agreement or the breach or termination of it, shall be first discussed in good faith among representatives of each party who are of appropriate authority within a period of 20 days from the date of notice by one party to another. If the dispute is not resolved by discussion within 20 days (or such longer period as may be mutually agreed), then any party may refer such matter to be finally resolved by arbitration conducted by a panel of three arbitrators appointed as per the provisions of the arbitration and Conciliation act, 1996. The appointment of all the three arbitrators shall be completed within 45 days of first reference of dispute by any party. The place of arbitration