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Question

The arbitrator in case of international commercial arbitration is appointed by ___________.

A
parties themselves
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B
Attorney - General of India
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C
Chief Justice of India
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D
Judge of the Supreme Court
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E
both (a) and (c)
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Solution

The correct option is E both (a) and (c)
The procedure in relation to appointment of arbitrators is provided under Section 11 of the Act. A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. The section also deals with the contingency wherein the parties fail to appoint an arbitrator mutually. In such a situation, the appointment shall be made, upon request of a party, by the Supreme Court or any person or institution designated by such Court, in the case of an International Commercial Arbitration or by High Court or any person or institution designated by such Court, in case of a domestic arbitration.

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