Question

In an arbitration by three arbitrators where the parties fail to agree upon appointment of arbitrators, under section $11$, Arbitration and Conciliation Act, $1996$.

• A. each party shall appoint one, and the two appointed arbitrators shall appoint the third arbitrator
• B. the claimant shall appoint two arbitrators and the disputant shall appoint one
• C. the disputant shall appoint two arbitrators and the claimant shall appoint one
• D. all the three, to be appointed by the Court

Answer 1

The correct option is A each party shall appoint one, and the two appointed arbitrators shall appoint the third arbitrator

Under Section 11 of the Arbitration and Conciliation Act, 1996 which provides for procedure of appointment of arbitrators; a person of any nationality may be an arbitrator, unless otherwise agreed by the parties. In case if the parties fail to reach an agreement regarding appointment of arbitrator, 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.