Question

The appointment of arbitrator/arbitrators, can be made _______________.

• A. by the parties
• B. by designated authority
• C. by arbitral institution
• D. Either (a) or (b) or (c)

Answer 1

Answer: (D)

Either (a) or (b) or (c)

Appointment of arbitrators under Arbitration Act, $1996$ has been provided under Section $11$ of the act. Under this section, parties are free to agree on a procedure for appointing the arbitrator or arbitrators. If the parties fail to appoint any arbitrator by agreement, the arbitration will be with three arbitrators where each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator. If the parties fail to agree on the arbitrator within thirty days from receipt of a request by one party from the other party to so agree the appointment shall be made, upon request of a party, by the Chief Justice or any person or institution designated by him or by an arbitral institution.