Vipin Sanghi, J. (Oral)

1. This petition has been preferred under Section 11 of the Arbitration & Conciliation Act, 1996 (the Act) to seek the appointment of an Arbitrator.

2. The case of the petitioner is that the petitioner and the respondent-IND Swift Ltd., had entered into a contract as contained in the purchase order dated 10.12.2013 which contains an arbitration clause 11, which reads as under:

“Arbitration-Dispute if any arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts in city of Delhi.”

3. One of the objections earlier raised by the respondent was that even the terms and conditions, inter alia, containing the aforesaid clause did not form part of the work order placed by the petitioner on the respondent. However, since the petitioner has filed additional documents, counsel for the respondent does not press the said objection. The only other objection pressed by the respondent is that on a perusal of the aforesaid clause, the same does not constitute an arbitration agreement.

4. The submission of learned counsel for the respondent is that a reading of the said clause does not evince a clear intention of the parties to refe