JUDGEMENT (ORAL)

1. The present Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996¹Act seeking the appointment of a Sole Arbitrator to adjudicate the disputes, arising out of the Facility Agreement dated 30.05.2024²Agreement.

2. The Agreement contains a stipulation which contemplates adjudication of disputes, arising out of the Agreement, by way of Arbitration. The relevant stipulation is contained in Clause 20 of the Agreement³Arbitration clause. The relevant portion, being Clause 20.1, reads as follows:

“20. DISPUTE RESOLUTION

20.1 All disputes, claims, controversy or difference or questions between the Parties arising out of or relating to the Facility Documents (including a dispute relating to the validity or existence of any Facility Documents) shall be referred to arbitration by a sole arbitrator where both Parties shall mutually decide and appoint one arbitrator. The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, including the statutory amendments thereof. The venue, place and the seat of arbitration shall be New Delhi and the language of the arbitration shall be English. The award