1. The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 ('Act', in short) has been filed for appointment of an Arbitrator.
2. It is the case of the petitioner that the pipeline division of the respondent-corporation desired to execute the work of detailed engineering survey, soil survey and providing services for establishing ROU IN ROW of Paradip, Haldia, Durgapur, LPG Pipeline Project, entered into a contract with the petitioner on July 14, 2010. The contract has an arbitration clause, which is reproduced as under:
"9.0.0.0 ARBITRATION 9.0.1.0 Subject to the provisions of Clauses 6.7.1.0, 6.7.2.0 and 9.0.2.0 hereof, any dispute arising out of a Notified Claim of the CONTRACTOR included in the Final Bill of the CONTRACTOR in accordance with the provisions of the Clause 6.6.3.0 hereof, if the CONTRACTOR has not opted for the Alternative Disputes Resolution Machinery referred to in Clause 9.1.1.0 hereof, and any dispute arising out of any Claim(s) of the OWNER against the CONTRACTOR shall be referred to the arbitration of a Sole Arbitrator selected in accordance with the provisions of Clause 9.0.1.1 hereof. It is specifically agreed that the OWNER may prefer its claim (s) against the CONTRACTOR as counter-claim(s) if a Notified Claim of the CONTRACTOR has been referred to arbitration. The CONTRACTOR shall not, however, be entitled to raise as s set off defence or counter- claim any claim which is not a notified claim included in the CONTRACTOR'S Final Bill in accordance with the provisions of clause 6.6.3.0 hereof.