Sanjib Banerjee, J.

The award is challenged on two main grounds, but it may not be necessary to conclusively decide on the legal issue involved in the first ground since the second ground appears to be good enough.

The agreement between the parties pertained to the development of a property at Wood Street. Disputes and differences arose between the parties, whereupon the respondents issued a letter on October 21, 2009 indicating their nominee as the arbitrator. The person named by the respondents understood the nomination to be the appointment and addressed a letter to the petitioners herein on December 1, 2009, though the letter erroneously records the date as November 1, 2009.

3. The arbitration agreement between the parties is short and simple and requires disputes and differences between the parties to the agreement to "be referred to arbitration in terms of provisions of the Arbitration and Conciliation Act, 1996." There is no procedure for constitution of the arbitral tribunal that is agreed to between the parties and recorded in the arbitration agreement. Ordinarily, when the arbitration agreement between the parties does not provide for the manner of constitution of