NAVIN CHAWLA, J.

1. This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) has been filed by the petitioner seeking appointment of a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Agreement dated April, 2013. The said Agreement contains an Arbitration Agreement in form of Clause 22 thereof, which is reproduced herein below:

“22. It is mutually decided by both the parties that in case of any dispute or difference of opinion arising out of or in connection with this agreement (including the validity or interpretation hereof) shall be referred for settlement to Mr. Peter Gaehwiler, who is presently the Asia Pacific CFO of the Second Party. Only if the difference is not resolved, the unresolved issue, dispute or difference of opinion shall be settled through arbitration in India in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. The venue of the arbitration shall be Delhi/NCR. The arbitration award shall be fully binding on both the Parties.”

2. The disputes having arisen between the parties, the petitioner invoked the Arbitration