1.The petitioner has filed these two petitions under Section 11 of the Arbitration and Conciliation Act, 1996 [“the Act”], for appointment of an arbitrator to adjudicate disputes between the parties, arising under two distribution agreements, both dated 04.08.2017. 2.The agreement which is the subject matter of ARB.P. 1183/2022 was executed between the petitioner and the respondent, whereas the agreement which is the subject matter of ARB.P. 1186/2022 was executed between Biomet Orthopaedic India Private Limited [“Biomet”]

and the respondent. The rights and liabilities of Biomet under the latter agreement have been transferred to the petitioner herein, by virtue of a Scheme of Amalgamation approved by the National Company Law Tribunal vide order dated 12.09.2018 in CP No. 136/2016. 3.Under both agreements, the respondent was appointed as a distributor of medical devices on behalf of the petitioner/Biomet. Both agreements contain clauses for alternative dispute resolution [Item 10 of the Reference Schedule read with Clause 22], which provide for arbitration to be held in New Delhi by a mutually appointed sole arbitrator. Failing agreement as to the sole arbitrator, each party w