JUDGMENT Ravi Malimath, A.C.J. - The petitioner is before this Court, in this petition under Section 11 of the Arbitration and Conciliation Act, 1996 (for short "the Act"), seeking appointment of an Arbitrator to resolve the disputes that have arisen between the parties. 2. Learned counsel for the petitioner contends that an agreement was executed between the petitioner and the respondent. In respect of the said agreement, certain disputes have arisen between the parties, which are required to be resolved through arbitration. In that regard, Clause 24.4 of the general condition of contract, which relates to Arbitration, is referred to by the learned counsel for the petitioner. Clause 24.4 of the general condition of contract reads as under:- GCC 24.4 Arbitration shall be carried out in accordance with the following procedures. Contracts with domestic contractors: The Arbitration proceedings shall be in accordance Arbitration and Conciliation Act, 1996. Arbitral Tribunal consisting of 3 Arbitrators one each to be appointed by the Employer and the Contractor and the third Arbitrator to be chosen by the two Arbitrators so appointed by the Parties to act as Presiding arbitrator, shall be considered. In case of failure of the two Arbitrators appointed by the parties to reach upon a consensus within a period of 30 days from the appointment of the Arbitrator appointed subsequently, the Presiding Arbitrator shall be appointed by the Indian Council of Arbitration. (a) Arbitration proceedings shall be held at Pantnagar, India and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English. (b) The decision of the majority of arbitrators shall be final and binding upon both parties. The cost and expenses of Arbitration proceedings will be paid as determined by the arbitral tribunal. However, the expenses incurred by each party in connection with the preparation, presentation, etc. of its proceedings as also the fees and expenses paid to the arbitrator appointed by such party or on its behalf shall be borne by each party itself. (c) Performance under the contract shall continue during the arbitration proceedings and payments due to the Contractor by the Employer shall not be withheld, unless they are the subject matter of the arbitration proceedings. 3. Shri Shubhang Dobhal, learned counsel for the respondent does not dispute the existence of an arbitration clause in the agreement executed between the parties. 4. (c) Performance under the contract shall continue during the arbitration proceedings and payments due to the Contractor by the Employer shall not be withheld, unless they are the subject matter of the arbitration proceedings. 3. Shri Shubhang Dobhal, learned counsel for the respondent does not dispute the existence of an arbitration clause in the agreement executed between the parties. 4. As per the arbitration clause, the arbitration is required to be conducted by an Arbitral Tribunal consisting of 3 arbitrators one each to be appointed by the employer and the contractor and the third arbitrator to be chosen by the two arbitrators so appointed by the parties to act as the presiding arbitrator. 5. It is submitted by Shri Sunil Khera, learned counsel for the petitioner, that the petitioner has since appointed Shri Manish Chandra Singh, Advocate, resident of 005, PSA Plaze, Kalyani View, Nainital Road, Rudrapur, Udham Singh Nagar as an arbitrator from their side. 6. Since there is no appointment of arbitrator by the respondent and having considered the availability of the arbitrators, I'am of the considered view that an arbitrator is required to be appointed from the side of the respondent. 7. Under these circumstances, Shri Rajeev Tandon, Advocate, residing at Bholanath Garden, Haldwani, Nainital, is appointed to act as the arbitrator on behalf of the respondent, after his disclosure in writing is obtained in terms of Section 11(8) of the Act; and only after receipt thereof shall his appointment, as an arbitrator on behalf of the respondent, come into force. The learned arbitrator appointed by this Court, on behalf of the respondent, shall fix his fees in consultation with the respondent. 8. In terms of Clause 24.4 of the general condition of contract, both the arbitrators shall together appoint the third arbitrator, who shall act as the presiding arbitrator. 9. The arbitration application is disposed off accordingly.