JUDGMENT

J R Midha, J. - The petitioner is seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act.

2. The arbitration agreement between the parties is contained in clause 15 of the operation, maintenance and management agreement dated 16th March, 2018, which is reproduced hereunder:

"15. Governing Law, Jurisdiction & Dispute Resolution

15.1 This Agreement shall be governed by and construed in accordance with the laws of India and subject to clauses 15.2 and 15.3, the jurisdiction of this Agreement shall be exclusively in the courts of New Delhi, India.

15.2 Negotiation: The Parties shall negotiate in good faith and use reasonable efforts to settle any dispute, difference or claim raised, arising out of or in connection with this Agreement including the construction, validity, execution, performance, termination or breach hereof (hereinafter referred to as =Dispute''). In the event that the Parties are unable to reach a resolution within 30 (thirty) days of the start of Dispute the Arb. P. 662/2019 Page 2 of 16 same shall be settled by binding arbitration.

15.3 Arbitration: Any Dispute which is not settled by Mediation, shall be determined by Ar