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4. Responding to the above assertion of the petitioner, the respondent, as the claimant before the learned Arbitral Tribunal, relied on Clause 29 of the Subcontract Agreement between the petitioner and the respondent, which contemplated resolution of disputes by arbitration, and read thus:

"29 APPLICABLE LAW - SETTLEMENT OF DISPUTES 29.1 This Subcontract Agreement shall be governed by the laws of [India] with courts at [Delhi] having exclusive jurisdiction to adjudicate on all dispute/matters arising out of this Sub-Contract.

29.2 Reference to Mediation 29.2.1 In the event of any dispute or difference between the Contractor and the Subcontractor, whether arising during the execution or after the completion or abandonment of the Subcontract Works or after the determination of the employment of the Subcontractor under this Subcontract (whether by breach or in any other manner}, m regard to any matter or thing of whatsoever nature arising out of this Subcontract or in connection therewith, then either Party shall give to the other notice in writing of such dispute Description of suit Period of limitation Time from which period begins to run

258. To obtain any other declaration. Three years When the right to sue first accrues.

or difference and such dispute or difference shall be and is hereby referred to mediation. A Party who receives a notice for mediation from the other Party shall consent and participate in the mediation process and shall make all reasonable efforts to resolve the same through mediation in accordance with the mediation rules of the International Chamber of Commerce- Alternate Dispute Resolution- ICC ADR 29.2.2 Notwithstanding anything in this Subcontract, in the event of any dispute or difference arising out of or relating to this Subcontract, or the breach thereof, no Party shall proceed to arbitration UNLESS the Parties have made reasonable efforts to resolve the same through mediation as provided in Clause 29.2.1 above.

"26. It is a matter of record that when the Subcontract was terminated by the Respondent on 16.09.2016 and termination letter was delivered to the Claimant on 21.09.2016, within few days thereof, i.e., on 22.09.2019, the Claimant had requested ICC International Centre for ADR, for mediation as the dispute had arisen. Thus, the Claimant invoked the dispute resolution mechanism for redressal of its grievance immediately after the termination of the Subcontract.