VIBHU BAKHRU, J

1. The petitioner has filed the present petition under Section 36 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act') seeking to enforce the Award dated 17.02.2011 rendered by the arbitrator appointed under the Permanent Machinery of Arbitration (hereafter 'PMA'). The PMA was constituted pursuant to the executive order (OM) dated 22.01.2004, which required the Central Public Sector Undertakings to resolve their, inter se, disputes by arbitration under the PMA.

2. The said OM expressly provided that the "PMA shall not entertain the disputes referred to it without the proper Arbitration Clause". The arbitration clause annexed with the OM expressly provided that the Act would be inapplicable to arbitration conducted under the PMA. The said clause reads as under:-

"In the event of any dispute or difference relating to the interpretation and application of the provisions of the contracts, such disputes or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in-charge of the Department of Public Enterprises. The Arbitration