Section 11 Arbitration Act 1996 (APPOINTMENT OF ARBITRATORS) where parties fail to agree:
Answer & Solution
Correct answer: B.
1. Section 11 Arbitration and Conciliation Act 1996 governs APPOINTMENT OF ARBITRATORS where parties fail to agree.
2. ORIGINAL Section 11: Chief Justice or designate.
3. 2015 AMENDMENT: SUPREME COURT (international commercial arbitration) or HIGH COURT (others) — disposal within 60 DAYS of service.
4. 2019 AMENDMENT: ARBITRATION INSTITUTIONS designated by Supreme Court (international) or High Court (others); designate institutions for appointment under Section 11(6).
5. SC may designate institutions like MCIA, DIAC, ICA, etc.
6. Section 11(7): orders made by an arbitral institution designated by Supreme Court / High Court are NOT subject to APPEAL.
7. The 2019 amendment moved towards INSTITUTIONAL ARBITRATION model.
8. Hence option B is correct.
_Source: Arbitration and Conciliation Act 1996 (Bare Act) + Mediation Act 2023 — Arbitration and Conciliation Act 1996, Section 11 (amended 2015, 2019)_
Related questions
In SBP & Co. v. PATEL ENGINEERING LTD (2005) 8 SCC 618, the Supreme Court held that the JUSection 28 Arbitration Act 1996 specifies APPLICABLE LAW:Section 39 Arbitration Act 1996 grants the arbitral tribunal LIEN on the:INTERIM AWARD under Arbitration Act 1996:Section 38 Arbitration Act 1996 (DEPOSITS) requires parties to:DOMESTIC ARBITRATION versus INTERNATIONAL COMMERCIAL ARBITRATION:Section 21 Arbitration Act 1996 defines COMMENCEMENT OF ARBITRATION as:Section 43 Arbitration Act 1996 (LIMITATION) provides that the period of LIMITATION ACT 19