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

Number and Qualifications of Arbitrators under the Arbitration Act

Updated 11 October 2026 · Fact-checked

Under Section 10, parties may fix the number of arbitrators, but it must not be even. If they do not decide, the tribunal is a sole arbitrator. Under Section 11(1), any nationality may serve unless the parties agree otherwise. Section 12(5) bars persons falling under the Seventh Schedule, unless waived in writing after the dispute arises.

Understand Number and Qualifications of Arbitrators

An arbitral tribunal is the body that decides your dispute. Section 2(1)(d) says it means a sole arbitrator or a panel of arbitrators. So the first question in any problem is: how many arbitrators, and who is fit to sit?

On number, the law gives the parties freedom with one limit. Under Section 10(1), the parties decide the number, but it shall not be an even number. The reason is practical: an even panel (say two or four) can split equally and produce no decision. If the parties say nothing, Section 10(2) fills the gap: the tribunal is a sole arbitrator.

On who can serve, the Act is open. Section 11(1) says a person of any nationality may be an arbitrator, unless the parties agree otherwise. The Act does not set a fixed list of professional degrees. Parties may agree on qualifications in their contract, for example a retired judge or a chartered engineer. If an arbitrator lacks the agreed qualification, Section 12(3)(b) allows a challenge.

The law then adds checks on independence. A person approached for appointment must disclose in writing any circumstances that give rise to justifiable doubts about independence or impartiality, and any that affect the ability to devote sufficient time, in particular to finish within twelve months (Section 12(1)). Separately, Section 12(5) makes a person ineligible if their relationship with the parties, counsel or subject-matter falls under the Seventh Schedule, even if the agreement says otherwise.

Keep two ideas apart. Disclosure and the Fifth Schedule are guides to doubts about independence and lead to a challenge. The Seventh Schedule is a hard bar on eligibility, which can be removed only by an express written waiver made after disputes have arisen.

Key rules to remember

Number of arbitrators (Section 10(1))
Number = as agreed by parties, but never an even number
One, three, five and so on are valid. Two or four is not.
Default number (Section 10(2))
No agreement on number ⇒ sole arbitrator
The default is one arbitrator, not three.
Nationality (Section 11(1))
Any nationality may be an arbitrator, unless the parties agree otherwise
A foreign national can be an arbitrator in India unless the parties have agreed otherwise.
Three-member default appointment (Section 11(3))
Each party appoints one; the two appointees appoint the third, who is the presiding arbitrator
Applies only when there is no agreed procedure under Section 11(2).
Disclosure (Section 12(1))
Written disclosure of circumstances raising justifiable doubts on independence or impartiality, and affecting time to finish within twelve months
Made in the form in the Sixth Schedule. The Fifth Schedule guides what raises doubts.
Grounds of challenge (Section 12(3))
Challenge only if (a) justifiable doubts on independence or impartiality, or (b) agreed qualifications are lacking
These are the only two grounds.
Ineligibility (Section 12(5))
Seventh Schedule relationship ⇒ ineligible despite any prior agreement
Parties may waive only after disputes arise, by express agreement in writing.

How to solve Number and Qualifications of Arbitrators questions

Use this order for any case question on the number or fitness of arbitrators. Always apply the facts to the provision before concluding.

  1. 1Read the arbitration clause. Note the number of arbitrators stated, any qualifications, and any nationality condition.
  2. 2Test the number against Section 10(1). If it is even, the clause is not valid as to number. If no number is stated, apply Section 10(2): a sole arbitrator.
  3. 3Check the nationality point under Section 11(1). Any nationality is allowed unless the parties agreed otherwise.
  4. 4Check agreed qualifications. If the person lacks them, note that Section 12(3)(b) permits a challenge.
  5. 5Check whether the person made the written disclosure under Section 12(1), and whether circumstances create justifiable doubts about independence or impartiality.
  6. 6Check whether the relationship falls in the Seventh Schedule. If yes, Section 12(5) makes the person ineligible. Look for a written waiver made after the dispute arose.
  7. 7If appointment is in issue, apply the Section 11 procedure: agreed procedure first, then the 30-day default rules.
  8. 8State your conclusion clearly and link it to the section.

Quickest way: Four-question check

When to use it: Use when you have little time and the question asks whether an appointment or clause is valid.

  1. Odd or even? Even number is not allowed. Silent clause means sole arbitrator.
  2. Nationality? Allowed unless the parties agreed otherwise.
  3. Seventh Schedule link? If yes, ineligible. Was there a written waiver after the dispute arose?
  4. Qualification or independence problem? That is a ground for challenge under Section 12(3), not automatic ineligibility.

Common mistakes in Number and Qualifications of Arbitrators

  • Saying the default tribunal is three arbitrators.

    Students confuse the Section 11(3) procedure for a three-member tribunal with the default number.

    Fix: Remember Section 10(2): no agreement on number means a sole arbitrator. Section 11(3) only applies if three are to be appointed.

  • Treating a two-arbitrator clause as valid because the parties agreed.

    Students recall that parties are free to decide the number.

    Fix: The freedom is limited by the words in Section 10(1): the number shall not be even.

  • Saying a foreign national cannot be an arbitrator in India.

    Students assume local seat means local arbitrators.

    Fix: Section 11(1) allows any nationality unless the parties agree otherwise.

  • Mixing up the Fifth and Seventh Schedules.

    Both deal with relationships and appear in Section 12.

    Fix: Fifth Schedule guides justifiable doubts and leads to challenge. Seventh Schedule makes a person ineligible under Section 12(5).

  • Allowing a waiver of Seventh Schedule ineligibility in the original contract.

    Students think party autonomy always prevails.

    Fix: Section 12(5) applies notwithstanding any prior agreement. A waiver is valid only if made after disputes arise, expressly and in writing.

  • Claiming the Act fixes professional qualifications for arbitrators.

    Students search for a qualification list, such as an Eighth Schedule.

    Fix: The text supplied sets no fixed list. Qualifications come from the parties' agreement, and lack of them is a ground under Section 12(3)(b). Answer from that text.

Worked examples

Example 1

Beta Infra Ltd, Pune, and Gamma Steel Ltd, Kolkata, agreed that their disputes would be decided by two arbitrators, one chosen by each. A dispute arises. Gamma says the clause is void as to number. Advise.

Show the solution
  1. Provision: Section 10(1) lets parties decide the number but it shall not be an even number.
  2. Facts: the clause provides for two arbitrators, which is an even number.
  3. Analysis: the freedom of the parties does not extend to an even number, so the clause on number does not comply with Section 10(1).
  4. Conclusion: Gamma is right on the point of number. The parties should agree on an odd number, such as three, with each side appointing one and the two choosing a presiding arbitrator, as in Section 11(3) if no other procedure is agreed.

Answer: The two-arbitrator clause breaches Section 10(1) because the number is even. The parties should agree on an odd number, such as three.

Example 2

Ravi Exports Pvt Ltd and Hans Müller GmbH (a German company) have a contract silent on the number and nationality of arbitrators. Ravi proposes Mr Anil Rao, whose firm acted as Ravi's regular counsel and falls within a Seventh Schedule category. Hans objects to him, and also says no foreign national can sit. Advise.

Show the solution
  1. Number: the contract is silent, so Section 10(2) gives a sole arbitrator.
  2. Nationality: Section 11(1) allows any nationality unless the parties agreed otherwise. They did not, so Hans's second objection fails.
  3. Eligibility of Mr Rao: his relationship falls in the Seventh Schedule, so under Section 12(5) he is ineligible notwithstanding any prior agreement.
  4. Waiver: the proviso allows waiver only by express written agreement made after disputes have arisen. Nothing suggests this was done.
  5. Disclosure: any proposed arbitrator must give the written disclosure under Section 12(1) before appointment.

Answer: The tribunal is a sole arbitrator. A foreign national can serve, so Hans's nationality objection fails. Mr Rao is ineligible under Section 12(5) unless both parties expressly waive in writing after the dispute arose.

Exam tips

  • State the section number with each rule. Examiners reward the provision, analysis and conclusion structure.
  • Always test the number first. An even number is the usual trap in case facts.
  • Distinguish challenge under Section 12(3) from ineligibility under Section 12(5) in every answer on fitness.
  • Mention the waiver proviso and its three conditions: after disputes arose, express, in writing.
  • If asked about qualifications, answer from the agreement of the parties and Section 12(3)(b), and do not invent a statutory list.

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

Number and Qualifications of Arbitrators: frequently asked questions

Can the parties appoint two arbitrators?

No. Section 10(1) says the number shall not be an even number. Parties can choose one, three or another odd number.

What happens if the agreement does not mention the number of arbitrators?

Under Section 10(2), the arbitral tribunal consists of a sole arbitrator. The appointment then follows Section 11(5) if the parties cannot agree within thirty days of a request.

Can a foreign national be an arbitrator in India?

Yes. Section 11(1) says a person of any nationality may be an arbitrator unless the parties have agreed otherwise.

Does the Act list required qualifications for an arbitrator?

The sections supplied do not set a fixed list of degrees. Parties may agree on qualifications, and an arbitrator who lacks them can be challenged under Section 12(3)(b). Ineligibility arises separately under Section 12(5) and the Seventh Schedule.

Can parties waive the Seventh Schedule bar?

Only after disputes have arisen between them, and only by an express agreement in writing. A waiver in the original contract does not work.