JUDGMENT :

1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (‘Act’, for short) with the following prayers:

“Therefore, in the light of the facts and circumstances of the present case, and the submissions made in regard thereto, this Hon'ble Court may be pleased to:

a. Declare that Clause 17.9 of the GCC forming part of the said Contract, inasmuch as it provides for appointment of all three arbitrators from a panel of arbitrators proposed by the Respondent, is void and unenforceable;

b. Take the necessary measure and secure the constitution of an independent and impartial Arbitral Tribunal to adjudicate upon the claims of the Petitioner including inter alia by taking the following measures:

I. (a) Recognise the appointment of Justice M.M.S. Bedi (Retd,) as the nominee arbitrator on behalf of the Petitioner, (b) declare that the Respondent has forfeited all its rights to participate in the constitution of the Arbitral Tribunal, and consequently (c) appoint an arbitrator on behalf of the Respondent, which arbitrator along with Justice M.M.S. Bedi (Retd), shall mutually appoint the third (presiding) arbitrator;

II. In the alternative to (i