NATIONAL ALUMINIUM COMPANY LIMITED Vs. METALIMPEX LIMITED

JUDGEMENT

(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 Hon'ble 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.) The arbitration agreement was entered into between the parties under the Arbitration Act, 1940 before it was repealed by the Act. Section 85 of the act provided for repeal and saving. It is as under:

(3.) The arbitration agreement is as under: