JUDGMENT

1. The present petition under Section 11 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as 'the Act'] has been filed by the petitioner [hereinafter referred to as 'Bizibi'] seeking appointment of an arbitrator for adjudication of disputes between it and the respondent [hereinafter referred to as 'HCL'], arising out of an agreement between them dated 19.12.2001, entitled 'Call Centre Consultancy Agreement' [hereinafter referred to as 'the Consultancy Agreement'].

2. The Consultancy Agreement contains an arbitration clause in Clause 16 thereof. Clause 16.1 provides for adjudication of disputes by two arbitrators, one each to be nominated by Bizibi and HCL, and an umpire, appointed by the arbitrators so nominated. It is provided that the place of arbitration shall be New Delhi.

3. It is averred in the petition that the parties first entered into a Memorandum of Understanding dated 07.11.2001, with regard to sale of a call center software license by HCL to Bizibi, pursuant to which the Consultancy Agreement was entered into for certain services to be provided by HCL to Bizibi in this regard. Bizibi, alongwith its rejoinder, has filed another agreement betw