( 1 ) THIS is a petition under Section 11 of the Arbitration and Conciliation Act filed by the petitioner seeking an appointment of the Arbitrator on the ground of the failure of the respondent to appoint an arbitrator within the notice period as given by the petitioner.

( 2 ) BEFORE coming to the legal issues arising for consideration, the salient facts may be noted.

(I) The petitioner had been awarded a contract for construction of a Five Star Deluxe Hotel, for the respondent-Corporation at Chandigarh, vide a work order issued on 7th May, 1999.

(II) Disputes had arisen in execution of the construction contract. The construction contract contained an arbitration agreement between the parties in the following terms:-

ARBITRATION Clause -48

EXCEPT where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality o workmanship or materials used on the work or as to any other question, claim, right matter or thing whatsoever, in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, orders