( 1 ) THE present writ petition has been preferred by the petitioner against the order passed by the Learned designate of the Honble Chief Justice of this High Court under Section 11 (6) of the Arbitration and Conciliation act, 1996 dated 6th July, 2004 in petition under arbitration Act No. 30 of 2003.

( 2 ) AN interesting question of law has been raised in the present petition to the effect that whether the High court under Article 226 of the Constitution of India can go into the details of an agreement between the parties and should decide the existence or otherwise of a clause "international commercial arbitration" in the agreement especially when [i] the existence of such clause in the agreement is disputed by the respondent; and [ii] an arbitrator has already been appointed, by this Court under Section 11 (6) of the Arbitration and Conciliation act, 1996 or instead of concluding by the High Court as to the existence or otherwise of a clause "international commercial arbitration" in the agreement, should it be left open, for the parties, to raise the said contention before the Arbitrators on the basis of facts, ( which may be settled upon the evidence to be taken