( 1 ) THE petitioner has filed this petition challenging the vires of Section 13 (3) and (4) of the Arbitration and Conciliation Act, 1996 (hereinafter REFERRED TO as the Act ). The petitioner has also made a prayer for a direction to remove respondent No. 1 from acting as Sole Arbitrator in the arbitration between the petitioner and respondent No. 2.

( 2 ) BRIEFLY stated, the facts are that the petitioner and respondent No. 2 entered into a contract on 12th August, 1994 under which respondent No. 2 was entrusted with the work of erection and commissioning of 3 x 160 TPH Boiler at Panipat Oil Refinery of the Indian Oil Corporation Limited (for short IOCL ). Disputes and differences arose between the parties. As per the terms and conditions of the contract, which contained an arbitration clause, respondent No. 1, Mr. C. M. Garg was appointed as the Sole Arbitrator, on 10th April, 1997 by the petitioner. We may note here that respondent No. 1 is an ex-director of the petitioner and is also a member of the Indian Council of Arbitration. Respondent No. 1 entered upon the reference and issued notices to parties inviting claims. It appears that during the course of arbitration