"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
CS Professional · Arbitration, Mediation and Conciliation · PYQS · June 2026
"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 Arbitration and Conciliation Act, 1996 (Referred as 'the Act') or institutional rules." Answer the following on the basis of the provisions of Section 11 of the Act : A joint venture agreement stipulates a three-arbitrator tribunal. Party X appoints an arbitrator. Party Y fails to appoint an arbitrator within 30 days of a request. What is the option available to Party X?
Answer & Explanation:
Section 11(3) provides that in an arbitration with three arbitrators, each party shall appoint one arbitrator and the two appointed arbitrators shall appoint the presiding arbitrator. Section 11(4) provides a statutory default mechanism where: a party fails to appoint its arbitrator within thirty days of receipt of a request from the other party; or the two appointed arbitrators fail to appoint the third arbitrator within thirty days. In either case, the appointment may be made by the Supreme Court or High Court or an arbitral institution designated by such Court. In the present case, Party X has already appointed its arbitrator. Party Y has failed to appoint an arbitrator within thirty days from the request made by Party X. Accordingly, Party X may approach the appropriate Court or designated arbitral institution under Section 11(4)(a) for appointment of an arbitrator on behalf of Party Y.
Topics: Appointment of Arbitrators
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