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Under Section 11(4) of the Act, where the appointment procedure in Section 11(3) fails (a party fails to appoint within 30 days or the two arbitrators fail to agree on the third within 30 days), the appointment shall be made by:
A{'text': 'The Speaker of Parliament of India acting in consultation with the Chairman of the Rajya Sabha under any provision of any law in force in any State of India regardless of any other consideration of any kind', 'label': 'A'}
B{'text': 'The Central Government acting through the Ministry of Law and Justice under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force', 'label': 'B'}
C{'text': 'The President of India acting in consultation with the Vice-President of India under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force', 'label': 'C'}
D{'text': 'The arbitral institution designated by the Supreme Court (in international commercial arbitration) or by the High Court (in arbitrations other than international commercial arbitration)', 'label': 'D'}
Answer & Solution
Correct answer: D. {'text': 'The arbitral institution designated by the Supreme Court (in international commercial arbitration) or by the High Court (in arbitrations other than international commercial arbitration)', 'label': 'D'}
1. Section 11(4), as inserted by the 2019 Amendment and reproduced in Lesson 13, provides for the fallback appointment.
2. The appointment shall be made on an application by the party, by the **arbitral institution designated by the Supreme Court** (in international commercial arbitration) or **by the High Court** (in arbitrations other than international commercial arbitration).
3. Section 11(3A) gives the Supreme Court and High Courts the power to designate graded arbitral institutions for this purpose.
4. Section 11(4) extracts judicial discretion and routes it through institutions.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 13 (Arbitration and Conciliation Act, 1996), pp. 297-303._
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