A dispute arises between ABC Ltd. and XYZ Pvt. Ltd. regarding arbitration. Parties fail to agree on arbitrator. Which provision of Arbitration and Conciliation Act, 1996 applies?
Explanation & Strategy
Click any section to expand · only one open at a time
Section 11 provides the judicial backstop when party autonomy fails in arbitrator selection. After the 2015 amendments, the power was vested in the Supreme Court and High Courts (replacing the earlier Chief Justice mechanism). The court can appoint an arbitrator applying the same qualifications and disqualification norms as agreed by parties. This ensures that arbitration proceedings cannot be stalled by one party's refusal to cooperate in the appointment process.
The text reads: Section 11 ACA: Where parties fail to agree on appointment of an arbitrator, the High Court (domestic) or Supreme Court (international commercial) shall make the appointment upon request.