Fact 3:

3. That, disputes arose between the Petitioner and Respondent relating to damages incurred of USD 1,292,389.86 payable by the Respondent to the Petitioner as the Respondent failed to ship the Cargo in the agreed time. Due to Respondent's breach, the Petitioner purchased cargo from an alternate seller and incurred damages. The Petitioner invoked arbitration vide its broker's email dated 19.05.2021. The Respondent responded to the notice of invocation vide email dated 20.05.2021. Annexed hereto and marked as Annexure P/3 is the Petitioner's broker's email dated 19.05.2021 and the Respondent's response dated 20.05.2021.