Y. K. SABHARWAL, J.

( 1 ) BY agreement dated 26th June 1981 entered into between the parties respondent No. 1 awarded to the petitioner a contract for construction of civil and plumbing works of school building at Beida District in Libya. The contract contains an arbitration clause which inter-alia provides that except where otherwise provided for in the contract, all questions and disputes shall be referred to the sole arbitration of the Managing Director and if the Managing Director is unable or unwilling to act to the sole arbitration of some other person willing to act as such arbitrator. The arbitration clause further provides that the arbitrator to whom the matter is originally referred being transferred or vacation of his office or being unable to act for any reason such Managing Director at the time of such transfer, vacation of office or inability to act shall appoint another person to act as arbitrator in accordance with the terms of the contract. It is further provided that no person other than a person appointed by such Managing Director shall act as an arbitrator. According to the arbitration agreement the venue of the arbitration shall be the registered office of M/s.

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