1. This is an application for appointment of an arbitrator under Section 11(6)
of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as
‘the said Act’). The respondents had raised an objection with regard to
service of the notice invoking arbitration. A supplementary affidavit has
been filed indicating that the notice invoking arbitration was served upon
the respondents.
2. The respondents have not denied the contents thereof. Today, the
respondents have raised an objection with regard to the maintainability of
this application before this Court on the ground that clause 29 of the loan
agreement provided that, the initiator of the dispute had an option of
approaching either of the two institutions mentioned in the agreement, for
appointment of a sole arbitrator. As per the schedule of the agreement, the
place of arbitration is Chennai, and this court lacks jurisdiction.