( 1 ) THIS is an appeal against an order passed by the District Judge, visakhapatnam under Section 9 of the arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") in la. No. 187 of 2004 in OP No. 21 of 2004 which has been filed by Gerald Metals. This appeal has been filed by National Aluminum company Limited (for short "nalco") who was respondent before the Trial Court. The parties shall be referred as they were placed before the Trial Court.

( 2 ) THERE is no dispute between the parties with regard to the facts. All relevant facts are almost admitted. The respondent- nalco is a producer of Aluminum and the petitioner- Gerald Metals is a company incorporated in Switzerland and carries on business at International level. NALCO entered into a contract with a company called Transworld (Aluminum) Limited on 30-11-1998 for sale of 79,000 Metric Tonnes +/- 5% of Sandy Metallurgical Grade collimated Alumina. The purchase had to be made in a period of five years from 1999 to 2003. The break up at which the quantities had to be shipped was spelt out in the contract. The port at Visakhapatnam was identified as a loading port for loading the cargo for tr