JUDGMENT

Vibhu Bakhru, J. The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter `the Act'), inter alia, praying that an arbitrator be appointed to adjudicate the disputes that have arisen between the petitioner and the respondent (hereafter (`BHEL').

2. The learned counsel appearing for BHEL did not dispute the existence of an arbitration agreement. She; however, contended that this Court does not have the jurisdiction to entertain the present petition as the arbitration is to be conducted in Bhopal, Madhya Pradesh.

3. Briefly stated, the relevant facts necessary to address the aforesaid controversy are as under:

3.1. On 11.05.2007, BHEL issued a Notice Inviting Tender (NIT) for "civil works, erection, testing and commissioning of 220KV transmission line for loop in and loop out and augmentation of existing 220 KV Chandrapura switchyard including dismantling and handing over of all equipments (including dismantled equipments/materials) to principal employer/customer (Damodar Valley Corporation) as detailed in technical specification". The tender documents comprised of (a) Conditions of Contract for Civil Work; (