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

Court Powers and Time Limits in Section 11 Appointment

Updated 11 October 2026 · Fact-checked

At the appointment stage, the Supreme Court or High Court confines itself to examining whether an arbitration agreement exists (s 11(6A)). It should try to dispose of the application within sixty days of service of notice (s 11(13)). Its decision is final and no appeal, including Letters Patent Appeal, lies (s 11(7)).

Understand Court Powers and Time Limits in Appointment

Section 11 deals with how an arbitrator is appointed. Parties are free to agree on the procedure. A court steps in only when that procedure fails, or when there is no agreed procedure and the deadlines are missed.

The court's job here is narrow. Under section 11(6A), the Supreme Court or High Court, while considering an application under sub-section (4), (5) or (6), must confine itself to the examination of the existence of an arbitration agreement. It does not decide the merits of the dispute. Other objections are left to the arbitral tribunal.

Speed matters. Section 11(13) says the application shall be disposed of as expeditiously as possible, and an endeavour shall be made to dispose of it within sixty days from the date of service of notice on the opposite party. The word is endeavour. It is a target, not a hard deadline that voids the order if missed.

The decision is final. Under section 11(7), no appeal, including a Letters Patent Appeal, lies against a decision on a matter entrusted by sub-section (4), (5) or (6) to the court or its designate. Also, the court's designation of a person or institution is not a delegation of judicial power (s 11(6B)).

For fees, section 11(14) lets the High Court frame rules to fix the fees of the tribunal and the manner of payment, after taking into account the rates in the Fourth Schedule. This does not apply to international commercial arbitration, or to other arbitrations where the parties agreed fees under the rules of an arbitral institution.

Key rules to remember

Scope of court examination: Section 11(6A): confine to the existence of an arbitration agreement; Applies to applications under s 11(4), (5) and (6). It applies notwithstanding any judgment, decree or order of any court.
Disposal period: Section 11(13): endeavour to dispose within 60 days from date of service of notice on the opposite party; Disposal should be as expeditious as possible. The period runs from service of notice, not from filing.
Finality: Section 11(7): decision is final; no appeal including Letters Patent Appeal; Covers decisions under s 11(4), (5) and (6).
Fees of tribunal: Section 11(14): High Court may frame rules, regarding the Fourth Schedule rates; Not for international commercial arbitration, nor where parties agreed fees under an arbitral institution's rules.
Disclosure before appointment: Section 11(8): seek written disclosure under s 12(1); have due regard to party-agreed qualifications and independence; Court or designate must do this before appointing.
Which court: Section 11(12): international commercial arbitration - Supreme Court; other arbitration - High Court; For other arbitration, it is the High Court within whose limits the principal Civil Court is situated.
First request prevails: Section 11(11): the High Court first approached alone is competent; Applies where requests go to different High Courts.

How to solve Court Powers and Time Limits in Appointment questions

Use this order for any problem on court powers in appointment.

1Identify the stage. Is the application under s 11(4), (5) or (6)? Check that the agreed procedure failed or the 30-day period lapsed.
2Identify the forum. International commercial arbitration goes to the Supreme Court. Other arbitration goes to the High Court as per s 11(12).
3State the scope. The court examines only whether an arbitration agreement exists (s 11(6A)). Merits and other objections are for the tribunal.
4Apply the disposal rule. State that the court should endeavour to decide within 60 days from service of notice (s 11(13)).
5Check the appointment duties. The court seeks a written disclosure under s 12(1) and considers agreed qualifications and independence (s 11(8)).
6Address fees if raised. High Court rules under s 11(14) with Fourth Schedule rates, with the stated exceptions.
7Conclude on remedy. The decision is final and no appeal lies (s 11(7)). Apply the facts clearly.

Quickest way: Five-point recall for section 11 court powers

When to use it: Short-answer or case-based questions where time is limited.

Scope: only existence of the arbitration agreement.
Time: endeavour, 60 days from service of notice.
Forum: Supreme Court for international commercial, High Court otherwise.
Fees: High Court rules, Fourth Schedule, with exceptions.
Finality: no appeal, not even Letters Patent Appeal.

Common mistakes in Court Powers and Time Limits in Appointment

Saying the court decides the merits or all jurisdictional objections at the section 11 stage.
Students confuse the appointing court with the tribunal.
Fix: Write that under s 11(6A) the court confines itself to the existence of an arbitration agreement.
Treating the 60-day period as mandatory and the order void if delayed.
Students ignore the word endeavour.
Fix: Say the court shall dispose of it expeditiously and shall endeavour to do so within 60 days; it is directory in language.
Counting 60 days from the date of filing.
Loose reading of the sub-section.
Fix: The period runs from the date of service of notice on the opposite party.
Saying an appeal lies to a Division Bench against an appointment order.
Students assume ordinary appeal rights.
Fix: Section 11(7) bars any appeal, including Letters Patent Appeal.
Applying High Court fee rules to international commercial arbitration.
The Explanation to s 11(14) is missed.
Fix: State that s 11(14) does not apply to international commercial arbitration, nor where parties agreed fees under an institution's rules.
Naming a wrong court for an international commercial arbitration.
Students recall the old Chief Justice wording.
Fix: Under s 11(12)(a), refer to the Supreme Court. Cite the court, not the Chief Justice.

Worked examples

Example 1

Alpha Infra Ltd, Pune and Beta Steels Pvt Ltd, Mumbai have a domestic contract with an arbitration clause. Beta ignores Alpha's request to agree on a sole arbitrator for over thirty days. Alpha applies to the High Court. Beta argues in court that Alpha's claim is time-barred and weak on merits. Advise on the court's approach.

Show the solution

Provision: s 11(5) applies where parties fail to agree on a sole arbitrator within thirty days of a request. Appointment is then made by the court on request.
Forum: this is not an international commercial arbitration, so the High Court acts under s 11(12)(b).
Scope: under s 11(6A) the court confines itself to the existence of an arbitration agreement.
Analysis: Beta's objections on limitation and merits do not go to the existence of the agreement, so they are left for the tribunal.
Process: before appointing, the court seeks a written disclosure under s 12(1) and considers independence and agreed qualifications (s 11(8)).
Time: the court should endeavour to decide within sixty days from service of notice on Beta (s 11(13)).

Answer: The High Court should appoint the sole arbitrator once it is satisfied that an arbitration agreement exists. Beta's objections on merits and limitation are for the tribunal.

Example 2

After the High Court appoints an arbitrator on Alpha's application, Beta wants to file an appeal, including a Letters Patent Appeal. Also, the arbitrator's fees need to be fixed. Advise.

Show the solution

Provision: s 11(7) makes a decision under s 11(4), (5) or (6) final.
Analysis: it expressly says no appeal including Letters Patent Appeal shall lie.
Conclusion on appeal: Beta cannot appeal against the appointment decision under this section.
Fees: under s 11(14) the High Court may frame rules to determine fees and their payment, after considering the Fourth Schedule rates.
Exception: if the parties agreed fees under the rules of an arbitral institution, s 11(14) does not apply to that case.
Apply to facts: if no institutional rules were agreed, the High Court's fee rules and the Fourth Schedule rates guide the fees.

Answer: No appeal lies against the appointment under s 11(7). Fees follow the High Court's rules framed under s 11(14), subject to the Fourth Schedule rates, unless institutional rules were agreed.

Exam tips

Quote the sub-section numbers: 11(6A), 11(7), 11(13) and 11(14). Examiners reward exact provisions.
Use the format provision, analysis, conclusion. Keep the conclusion to one clear line.
Do not state 60 days as an absolute deadline. Use the word endeavour.
In case-based questions, check first whether the arbitration is international commercial, as it decides the court.
Do not quote case names unless you are certain of them. A clear statement of the rule scores better than a doubtful citation.

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

Court Powers and Time Limits in Appointment: frequently asked questions

Is the 60-day limit under section 11(13) mandatory?

The section says the court shall dispose of the application as expeditiously as possible and that an endeavour shall be made to dispose of it within sixty days from the date of service of notice on the opposite party. It is framed as an endeavour. Write it that way in the exam.

What can the court examine under section 11(6A)?

Only the existence of an arbitration agreement. This applies to applications under sub-sections (4), (5) and (6). The court does not decide the merits of the dispute at this stage.

Can I appeal against an order appointing an arbitrator?

No. Section 11(7) says the decision is final and no appeal, including a Letters Patent Appeal, lies against it. This covers decisions under sub-sections (4), (5) and (6).

Who fixes the arbitrator's fees under section 11?

Under s 11(14), the High Court may frame rules to determine the fees of the tribunal and the manner of payment, considering the Fourth Schedule rates. It does not apply to international commercial arbitration or where parties agreed fees under an arbitral institution's rules.