Appointment of Arbitrator through court procedure

At Finvestopedia, having team of Lawyers for arbitration in Delhi NCR, topic of arbitration is close to us, briefly:

In India, the process for appointing an arbitrator depends on the agreement between the parties involved in the dispute. If the parties have agreed on a method of appointing an arbitrator, then that method should be followed. However, if the parties have not agreed on a method of appointing an arbitrator, or if one party fails to appoint an arbitrator within the agreed timeline, then the appointment can be made through the courts.

The procedure for appointing an arbitrator in India through the courts is outlined in Section 11 of the Indian Arbitration and Conciliation Act, 1996. According to Section 11, if the parties cannot agree on the appointment of an arbitrator, or if one party fails to appoint an arbitrator within 30 days of receiving a request from the other party to do so, then the appointment can be made by a court.

Precisely, section 11(6) of the Indian Arbitration and Conciliation Act of 1996 deals with the procedure for appointment of arbitrators by the courts in India. Section 11(6) of the Indian Arbitration and Conciliation Act of 1996 provides a mechanism for appointment of arbitrators by the courts in situations where the parties are unable to agree on an arbitrator also in a situation if the two appointed arbitrators fail to appoint a third arbitrator.

Under this section, if the parties are unable to agree on the appointment of an arbitrator, either party may apply to the court to make the appointment.

The following is a general procedure for appointing an arbitrator in India through the courts:

• The aggrieved party should file a petition with the appropriate court, which has jurisdiction over the dispute.
• The petition should include a statement of the dispute that is to be resolved through arbitration, the names and addresses of the parties to the dispute, the names and addresses of the arbitrators proposed by the parties, if any, the qualifications required of the arbitrator, and any other relevant information that the applicant may want to provide.
• The court will examine the petition and may also hear the parties before making the appointment.
• The court will consider the qualifications of the arbitrator and may appoint an arbitrator who meets the qualifications agreed upon by the parties or as per the qualifications specified by the court.

Drafting of arbitration petition is a great effort, we understand it as we represent several clients who require services of Arbitration Lawyer in Delhi NCR, the application must be in writing and contain the following information:

Once the application is filed, the court will examine the application and may also hear the parties before making the appointment. The court will consider the qualifications of the arbitrator and may appoint an arbitrator who meets the qualifications agreed upon by the parties or as per the qualifications specified by the court.

Being one of the Best Arbitration Law Firm in Delhi NCR overall we believe, the process for appointing an arbitrator in India is designed to be fair and impartial, ensuring that the arbitrator has the necessary qualifications and experience to resolve the dispute at hand.