JUDGMENT

(Judgment released on 20.04.2022)

1. By way of the present petition filed under section 11(6) of the Arbitration & Conciliation Act 1996 (A&C Act), the petitioner M/s Medela India Private Limited seeks appointment of an arbitrator for adjudication of disputes that are alleged to have arisen with the respondent M/s Walnut Corporation from Distribution Agreement dated 20.04.2018.

2. Notice in this petition was issued on 06.10.2021; whereupon reply dated 15.12.2021 was filed by the respondent.

3. Ms. Richa Singh, learned counsel for the petitioner, has drawn the attention of this court to clause 20.5 of the Distribution Agreement, which it is submitted, contains the arbitral mechanism and territorial jurisdiction clause as agreed to between the parties. Clause 20.5 reads as under:

"20 General Provisions

20.5 This Agreement is subject to Indian law. All disputes arising out of or in connection with the present Agreement shall be settled as per the Arbitration and Conciliation Act, 1996. The Tribunal shall consist of sole arbitrator appointed by Medela. This Agreement shall be governed by and interpreted in accordance with the laws of India, wit