New SIDBI Grade A New Batch Starts on Nov 18

    Register

    Question

    If within 30 days the parties fail to appoint their arbitrators or the arbitrators fail to appoint the third arbitrator the arbitrator shall be appointed by the

    A National arbitration council New Delhi Correct Answer Incorrect Answer
    B District Judge of the local court Correct Answer Incorrect Answer
    C Chief Justice of the High court or a person/ institution designated by him Correct Answer Incorrect Answer
    D Chief Justice of the Supreme court or a person/ institution designated by him Correct Answer Incorrect Answer

    Solution

    Section 11 of the Arbitration and Conciliation Act, 1996 deals with the appointment of arbitrators. A person of any nationality may be appointed arbitrator unless the contrary intention is expressed by the parties. The parties are free to agree on a procedure for appointment of arbitrator or arbitrators. Where parties fail to appoint three arbitrators, each party shall appoint one arbitrator and the two arbitrators shall appoint the third arbitrator. Hence, appointing three arbitrators is mandatory, with the third one being the presiding arbitrator. Where a party fails to appoint an arbitrator in accordance with the third arbitrator with the within thirty days from the date of receipts of a request to do so from the other party or two appointed arbitrators fail to agree on the third arbitrator within 30 days from the date of their appointment, the appointment shall be made, upon a request of a party, by the Chief Justice of the High Court or any person or institution designated by him

    Practice Next