(1) THIS is an application under Section 11 of the Arbitration and Conciliation Act, 1996 (for short "the Act") by National Aluminium Company Ltd. (NALCO for short) through Mr Ashim Choudhuary, Executive Director made to Honble the Chief Justice of India with a request to nominate an arbitrator as M/s Metalimpex Ltd. ("Metalimpex" for short), the respondent, failed to nominate an arbitrator in terms of the arbitration agreement between the parties. NALCO is an Indian company and Metalimpex a Bangladeshi company. The arbitration would be international commercial arbitration as defined in clause (f) of sub-section (1) of Section 2 of the Act as under:

"2. Definitions.(1) In this Part, unless the context otherwise requires, (a)-(e) * * * (f) international commercial arbitration means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India and where at least one of the parties is (i) an individual who is a national of, or habitually resident in, any country other than India; or (ii) a body corporate which is incorporated in any country other than India; or (iii) a company or