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JUDGMENT (ORAL)

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1. The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996¹Act, seeking the appointment of a Sole Arbitrator in terms of the Memorandum of Understanding dated 15.02.2024²MoU for the resolution of disputes inter se the parties.

2. Material on record indicates that the MoU envisages the Dispute Resolution Clause being Clause 3.2, which reads as under:

“3.2. GOVERNING LAW & DISPUTE RESOLUTION:

a. This Agreement shall be governed and construed in accordance with the laws of India.

b. If any dispute arises between the Seller(s) and Purchaser(s)(s) during the subsistence of this Agreement or thereafter. in connection with the validity, interpretation. implementation or alleged breach of any provision of this Agreement ("Dispute"), each of the said Party shall Endeavour to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed If not resolved within thirty (30) days from the date of the Dispute.

c. In the event the Dispute is not settled in accordance with the above sub-clause. either of the Seller or the Purchaser(s) shall be entitled to serve a notice in writin