Arbitration, Mediation and Conciliation · Arbitration Procedure, Appointment of an Arbitrator and Other Aspects

Appointment of Arbitrators under Section 11 Explained

Updated 11 October 2026 · Fact-checked

Section 11 lets parties agree on how to appoint arbitrators. If they have no agreement, the Act gives a default: each party names one arbitrator in a three-member tribunal, and those two name the presiding arbitrator. If the process fails within thirty days, the Supreme Court or High Court, or its designate, makes the appointment.

Understand Appointment of Arbitrators under Section 11

An arbitration needs a tribunal before it can start. Section 11 answers who appoints the arbitrator and what happens if the parties cannot agree. The scheme has three layers: party agreement first, the Act's default procedure second, and court appointment as the last resort.

A person of any nationality may be an arbitrator, unless the parties agree otherwise. The parties are free to agree on the appointment procedure, subject to sub-section (6). This is party autonomy. You should always check the arbitration clause first.

If there is no agreed procedure, the Act fills the gap. In a three-arbitrator tribunal, each party appoints one arbitrator and the two appointed arbitrators appoint the third, who acts as presiding arbitrator. In a sole arbitrator case, the parties must agree on the name.

When the process stalls, a party may apply for appointment. The application goes to the Supreme Court or the High Court, or to a person or institution that the Court designates. The Court does not decide the merits. It confines itself to examining the existence of an arbitration agreement.

The decision on such an application is final, and no appeal, including a Letters Patent Appeal, lies against it. Before appointing, the Court or designate must seek a written disclosure from the prospective arbitrator under Section 12(1) and have due regard to the qualifications the parties required and to securing an independent and impartial arbitrator.

Key rules to remember

Party freedom: Section 11(1) and (2): any nationality may be an arbitrator unless parties agree otherwise; parties are free to agree on the appointment procedure, subject to sub-section (6); Always start with the agreement. The default applies only if there is no agreement.
Default for three arbitrators: Each party appoints 1 arbitrator; the two appointed arbitrators appoint the third, who is the presiding arbitrator (Section 11(3)); Applies only failing any agreement on procedure.
Failure in a three-member tribunal: Party fails to appoint within 30 days of the other party's request, or the two arbitrators fail to agree on the third within 30 days of their appointment → appointment on request by the Court or its designate (Section 11(4)); The two 30-day clocks start at different points. Note them carefully.
Sole arbitrator default: Parties fail to agree within 30 days from receipt of a request by one party from the other → appointment on request by the Court or its designate (Section 11(5)); The clock runs from receipt of the request.
Failure of an agreed procedure: Party fails to act, parties or arbitrators fail to reach an expected agreement, or a person or institution fails to perform its function → a party may request the Court or its designate to take the necessary measure (Section 11(6)); Unless the agreement provides other means of securing the appointment.
Scope of the Court's examination: Under sub-sections (4), (5) and (6), the Court confines itself to the examination of the existence of an arbitration agreement (Section 11(6A)); The Court does not decide the merits of the dispute at this stage.
Which court: International commercial arbitration → Supreme Court. Any other arbitration → High Court within whose limits the principal Civil Court is situate (Section 11(12)); If more than one request is made to different High Courts, the one first approached alone is competent (Section 11(11)).
Finality and speed: Decision is final, with no appeal including Letters Patent Appeal (Section 11(7)). Endeavour to dispose of the application within 60 days from service of notice on the opposite party (Section 11(13)); The 60 days is an endeavour, not a strict bar.

How to solve Appointment of Arbitrators under Section 11 questions

Use this method for any case-based question on appointment of arbitrators. Write each step as provision, analysis and conclusion.

1Read the arbitration clause. Note whether it sets an appointment procedure, the number of arbitrators and any required qualifications.
2If the clause sets a procedure, apply it first under Section 11(2). If there is none, apply the default: Section 11(3) for three arbitrators or Section 11(5) for a sole arbitrator.
3Check the dates. Count thirty days from the correct starting point: receipt of the request for a party's failure, date of appointment for the two arbitrators, or receipt of the request for a sole arbitrator.
4Decide whether there is a failure. If so, identify the sub-section: (4) for the default three-member procedure, (5) for a sole arbitrator, (6) for an agreed procedure that breaks down.
5Identify the forum. Use the Supreme Court for international commercial arbitration and the relevant High Court for other arbitrations, or the person or institution that the Court designates.
6State the Court's limited role: it examines the existence of an arbitration agreement, seeks the Section 12(1) disclosure and considers party-required qualifications and impartiality.
7Conclude. State who appoints, that the decision is final with no appeal, and the 60-day endeavour for disposal.

Quickest way: Agreement, default, failure, forum

When to use it: Use this when you have limited time on a short-note or a fact-based question.

Agreement: is there an agreed procedure? If yes, follow it.
Default: no agreement means 1+1 then presiding arbitrator, or joint agreement for a sole arbitrator.
Failure: 30 days lapsed? Cite sub-section (4), (5) or (6).
Forum: Supreme Court for international commercial arbitration, High Court otherwise, or its designate.
Close with: Court looks only at existence of the arbitration agreement; decision final; no appeal.

Common mistakes in Appointment of Arbitrators under Section 11

Applying the default three-arbitrator procedure even when the agreement lays down its own procedure.
Students memorise the default and forget it applies only failing an agreement.
Fix: Always state that Section 11(2) gives priority to party agreement, and that Section 11(3) applies only failing such agreement.
Approaching the Court before the thirty days have lapsed.
Students ignore the time limit or start counting from the wrong date.
Fix: Identify the trigger: the other party's request, the date the two arbitrators were appointed, or receipt of the request to agree on a sole arbitrator.
Saying the Court decides whether the dispute is valid or arbitrable on the merits at the appointment stage.
Students confuse Section 11 with a full hearing.
Fix: Quote Section 11(6A): the Court confines itself to examining the existence of an arbitration agreement.
Naming the wrong court.
Students forget the split in Section 11(12).
Fix: Supreme Court for international commercial arbitration; the High Court for other arbitrations, or in each case the person or institution designated by that Court.
Stating that an appeal lies against the appointment order.
Students assume every court order is appealable.
Fix: Cite Section 11(7): the decision is final and no appeal, including a Letters Patent Appeal, lies.
Treating designation of an institution as delegation of judicial power, or calling the Chief Justice the appointing authority.
Students use older wording from before the 2015 amendment.
Fix: Write that the Court or its designated person or institution appoints, and that designation is not regarded as delegation of judicial power (Section 11(6B)).

Worked examples

Example 1

Alpha Ltd, Mumbai, and Beta Ltd, Pune, have an arbitration clause for three arbitrators but no appointment procedure. Alpha appoints an arbitrator and asks Beta in writing to appoint one. Beta does nothing for forty days. What can Alpha do?

Show the solution

Provision: with no agreed procedure, Section 11(3) applies. Each party appoints one arbitrator and the two appoint the third as presiding arbitrator.
Analysis: Under Section 11(4)(a), if a party fails to appoint within thirty days from receipt of the request from the other party, the appointment is made on request of a party by the Court or its designate.
Beta did not appoint for forty days, which is beyond thirty days from receipt of the request. The failure has occurred.
Forum: both are Indian companies, so this is not an international commercial arbitration. The High Court within whose limits the principal Civil Court is situate, or its designate, has jurisdiction under Section 11(12)(b).
Court's role: it examines only the existence of the arbitration agreement, seeks the Section 12(1) disclosure from the prospective arbitrator and has regard to impartiality.

Answer: Alpha can apply to the competent High Court, or its designate, to appoint Beta's arbitrator. The decision will be final and no appeal will lie.

Example 2

Ravi Pvt Ltd and Sunrise Inc. (a foreign company) agreed to a sole arbitrator without naming one. Ravi requested Sunrise on 1 March to agree on a name. Sunrise received the request on 3 March and did not respond. On 10 April, Ravi wants court appointment. Is the application valid, and to which court?

Show the solution

Provision: Section 11(5) applies in a sole arbitrator case where there is no agreed procedure under sub-section (2).
Analysis: the thirty days run from receipt of the request, which is 3 March, not the date it was sent.
Thirty days from 3 March ends on 2 April. Sunrise did not agree by then, so the condition is satisfied by 10 April.
Forum: one party is a foreign company, so this is an international commercial arbitration. Section 11(12)(a) refers the matter to the Supreme Court.
Section 11(9): in an international commercial arbitration, the Supreme Court or its designate may appoint an arbitrator of a nationality other than the nationalities of the parties where the parties belong to different nationalities.

Answer: The application is valid because more than thirty days have passed from receipt of the request. Ravi should apply to the Supreme Court or its designate, which may appoint an arbitrator of a different nationality from either party.

Exam tips

Write provision, facts, conclusion. Cite sub-section numbers such as 11(4), 11(5) and 11(6) so the examiner sees you matched the facts to the right rule.
Count the thirty days from the right trigger and show the date calculation in the answer.
Name the correct forum using Section 11(12) every time. Mention the designate where relevant.
Remember that sub-section (6A) limits the Court to examining the existence of an arbitration agreement. Use it in any question where a party argues the merits at the appointment stage.
End the answer with finality under sub-section (7) and, where relevant, the 60-day endeavour under sub-section (13).

Practice questions from Arbitration Procedure, Appointment of an Arbitrator and Other Aspects

Appointment of Arbitrators under Section 11: frequently asked questions

What happens if parties cannot agree on a sole arbitrator?

If there is no agreed procedure and the parties fail to agree within thirty days from receipt of a request by one party from the other, a party may ask the Court. The Supreme Court or the High Court, or its designate, makes the appointment under Section 11(5).

Which court appoints the arbitrator under Section 11?

In an international commercial arbitration it is the Supreme Court. In any other arbitration it is the High Court within whose limits the principal Civil Court is situate. In both cases the Court may act through a person or institution it designates.

Can the court decide the merits when appointing an arbitrator?

No. Under Section 11(6A) the Court confines itself to the examination of the existence of an arbitration agreement. The merits of the dispute are for the tribunal.

Can an order under Section 11 be appealed?

No. Section 11(7) says the decision is final and no appeal, including a Letters Patent Appeal, lies against it.

How quickly should the court decide an application for appointment?

The Court or designate should dispose of it as expeditiously as possible. Section 11(13) says an endeavour shall be made to dispose of it within sixty days from the date of service of notice on the opposite party.