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In case parties have agreed on a different procedure for commencing an arbitral proceedings, then such procedure shall prevail. In all other cases, the person raising the dispute shall call upon the respondent (other party) to refer that dispute to arbitration. If the parties agree to the existence of the dispute and agree upon an Arbitration such Arbitrator can be appointed. However, if there is no consensus on this, then any one of the party can move the High Court under Section https://www.mhc.tn.gov.in/judis/ 11 of the Act to appoint an Arbitrator to arbitrate the disputes. Once an arbitrator enters reference, either through consent or through orders of the court, he shall after complying with the provisions of Sections 18, 19, 20 and 22 fix the time for the claimant to file his claim statement with the documents and thereafter permit the respondent to file their statement of defense (which could also be in the form of a counter claim or a set off) with the relevant documents as contemplated under Section 23 of the Act. Thereafter, the Arbitrator shall follow the provisions of Section 24 and ultimately make the award. Section 25 of the Act prescribes the procedure to be adopted by an arbitrator in the case of a default by any of the party to the proceedings.

13. As per the Letter of Offer dated 16.10.2003 of the respondent company which formed the basis of the contract between the appellant and the respondent company disputes, differences and claims were to be resolved through Arbitration. Clause 24 of this https://www.mhc.tn.gov.in/judis/ Letter of Offer constituted the Arbitration Agreement between the parties. The parties had agreed that the dispute would be referred to a Sole Arbitrator who was to be nominated by the Managing Director of the respondent company. The venue was agreed to be at Hosur and the Arbitrator was required to submit the Award within 6 months of entering reference.