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    Question

    In case of 3 arbitrators appointment of presiding

    arbitrator can be made by____.
    A Two appointed arbitrators may appoint cumulatively Correct Answer Incorrect Answer
    B Parties are free to determine Correct Answer Incorrect Answer
    C Supreme Court or High court may suo moto appoint after 30 days of appointment of other arbitrators. Correct Answer Incorrect Answer
    D Two appointed arbitrators shall appoint the third arbitrator Correct Answer Incorrect Answer
    E Any of the above. Correct Answer Incorrect Answer

    Solution

     Arbitration & Conciliation Act  S.11. Appointment of arbitrators .—(1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. (2) Subject to sub-section (6), the parties are free to agree on a procedure for appointing the arbitrator or arbitrators. (3) Failing any agreement referred to in sub-section (2), in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator. (4) If the appointment procedure in sub-section (3) applies and— (a) a party fails to appoint an arbitrator within thirty days from the receipt of a request to do so from the other party; or (b) the two appointed arbitrators fail to agree on the third arbitrator within thirty days from the date of their appointment, the appointment shall be made, upon request of a party, by 1[the Supreme Court or, as the case may be, the High Court or any person or institution designated by such Court];

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