JUDGMENT :

RAJIV SHAKDHER, J.

1. This petition is directed against award dated 06.07.2018 passed by the sole arbitrator. The petitioner before me is the National Board of Examinations (hereafter referred to as “NBE”). Via the impugned award, the learned arbitrator has answered the reference in favour of the respondent i.e. M/s Prometric Testing Pvt. Ltd. (hereafter referred to as “PTPL”).

1.1. The reference made, jointly, to the learned arbitrator by NBE and PTPL (hereafter unless the context requires otherwise both entities will be collectively referred to as “parties”) concerned a singular issue, which is, whether server logs/proxy server logs fall within the ambit of the expression “candidate data” as defined in Clause 1.2 of Master Service Agreement (in short “MSA”)? Notably, there was no monetary claim or counter claim made by the parties before the arbitrator.

1.2. Furthermore, parties chose not to lead evidence in the matter. Therefore, before I proceed further, it may be necessary to etch out, broadly, the backdrop in which parties made a reference to the arbitrator.

2. In M