JUDGMENT

Anil Kshetarpal, J. - An application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of 1996 ) has been filed for the appointment of an independent and impartial Arbitrator. The detailed facts of the case are not required to be noticed. The existence of an agreement containing an arbitration clause is not in dispute between the parties. The clause reads as under:-

"44 ARBITRATION:

All disputes or differences of any kind whatsoever which shall at any time arise between the parties hereto touching or concerning the work or the execution or maintenance thereof this contract or the rights touching or concerning the work or the execution or maintenance thereof of this contract or the construction operation or effect thereof or to the right or liabilities of the parties or arising out of relation thereto whether during or after determination, foreclosure or breach of the contract (other than those in respect of which the decision of any person is by the contract expressed to be final and binding) shall after written notice by either party to the contract to the other of them and to the Appointing Authority who shall be appointe