Section 11 Arbitration Act 1996 (APPOINTMENT OF ARBITRATORS) where parties fail to agree:
Acourt refuses (cf. Arbitration and Conciliation Act 1996, Section 11 (amended 2015, 2019)) (cf. Arbitration and Conciliation Act 1996, Section 11 (amended 2015, 2019)) (cf. Arbitration and Conciliation Act 1996, Section 11 (amended 2015, 2019))
Bappointment is to be made by an arbitral institution designated by the SUPREME COURT (international commercial arbitration) or HIGH COURT (other arbitration); applications under Section 11 to be DISPOSED OF EXPEDITIOUSLY (30 days target after 2015 amendment)
Ccourt chooses (cf. Arbitration and Conciliation Act 1996, Section 11 (amended 2015, 2019)) (cf. Arbitration and Conciliation Act 1996, Section 11 (amended 2015, 2019)) (cf. Arbitration and Conciliation Act 1996, Section 11 (amended 2015, 2019))
Dat random (cf. Arbitration and Conciliation Act 1996, Section 11 (amended 2015, 2019)) (cf. Arbitration and Conciliation Act 1996, Section 11 (amended 2015, 2019)) (cf. Arbitration and Conciliation Act 1996, Section 11 (amended 2015, 2019))
Answer & Solution
Correct answer: B. appointment is to be made by an arbitral institution designated by the SUPREME COURT (international commercial arbitration) or HIGH COURT (other arbitration); applications under Section 11 to be DISPOSED OF EXPEDITIOUSLY (30 days target after 2015 amendment)
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