ORDER : Antony Dominic, J. This is an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, for the appointment of an Arbitrator by this Court. Annexure-A is the agreement between the applicant, first respondent and the predecessor-in-interest of the second respondent. Clause 20 of the agreement provides for resolution of disputes by Arbitration. Disputes arose and notice of Arbitration was given, but in spite of it appointment was not made. It was in such circumstances this application was filed. 2. I heard counsel for the applicant and also learned counsel for the respondents. The agreement is between the following parties: "M/s. Estuary Developers & Purveyors Private Limited, a Company registered under the Indian Companies Act, 1956, and having its office at 1st Floor, Meghna Towers, Pullepady Cross Road, Kochi-18, India and M/s. MINKK International LLC, A Florida Limited Liability Corporation and having its office at 314, 9th Avenue East, Palmetto FL USA 34221 hereinafter jointly referred as The First Party, (which expression shall unless repugnant to the context mean and include their successors-in-interest, administrators, representatives and/or assigns) AND Dr. Jacob George residing at 2238 South Shore Drive, Erie, Pennsylvania, 16505 hereinafter, referred to as The Second Party (which expression shall mean and include his/here/their heirs, representatives, successors-in-interest, executors and/or assigns)." Reading of the above provision of the agreement and also the respondents in this application show that one of the parties to the agreement is a body corporate which is incorporated in USA. Section 2(f) of the Arbitration and Conciliation Act, 1996, define "International Commercial Arbitration" as follows: "International Commercial Arbitration" means an arbitration relating to disputes arising out of legal relationship, whether contractual or not, considered as commercial under the law in force in India and where at least one of the parties is- (i) an individual who is a national of, or habitually resident in any country other than India; or (ii) a body corporate which is incorporated in any country other than India; or (iii) a company or an association or a body of individuals whose central management and control is exercised in any country other than India; or (iv) a Government of a foreign country." Admittedly in this case the first respondent, is the body corporate incorporated in the United States of America and, therefore, disputes between the applicant who is also based in USA and the respondents is an International Commercial Arbitration. If that be so, in view of the provisions contained in Section 11(12), the application is maintainable only before the Honourable Chief Justice of India. Therefore, this application filed before this Court is not maintainable and for that reason is rejected. It is clarified that this Court has not expressed anything on the merits and this application is closed in view of the above, without prejudice to the right of the applicant to file afresh application in terms of Section 11(12) of the Act.