"When parties to a contract have an arbitration agreement but have not agreed on the procedure for appointing Arbitrators, the appointment is guided by statutory default provisions (such as Section 11 of the Indian Arbit

Section 11 of the Arbitration and Conciliation Act, 1996 primarily recognises the principle of party autonomy. Under Section 11(2), parties are free to agree upon a procedure for appointment of arbitrators. Where no such procedure is agreed and the arbitration is to be conducted by a sole arbitrator, Section 11(5) provides that if the parties fail to agree on the appointment within thirty days from receipt of a request by one party to the other, the appointment may be made upon an application to the Supreme Court or the High Court or an arbitral institution designated by such Court. In the present case, the contract is silent regarding the procedure for appointment of arbitrators. Company A issued a notice proposing an arbitrator. Company B failed to agree to the proposed arbitrator within thirty days. Therefore, Company A may approach the appropriate High Court or the arbitral institution designated by it under Section 11(5) seeking appointment of a sole arbitrator.