Arbitration, Mediation and Conciliation · Conceptual Framework of International Commercial Arbitration

Appointment of Arbitrators and Tribunal Procedure in International Arbitration

Updated 11 October 2026 · Fact-checked

Parties are free to agree on how arbitrators are appointed. If they fail, Section 11 gives a default procedure and, in an international commercial arbitration, the Supreme Court makes the appointment on request. Under Section 29A, the tribunal may aim to make its award within twelve months of completing pleadings, but this is an endeavour, not a mandate.

Understand Appointment of Arbitrators and Tribunal Procedure in International Arbitration

Arbitration starts with a tribunal. The Act lets the parties decide who the arbitrators are and how they are chosen. A person of any nationality may be an arbitrator, unless the parties agree otherwise. This is useful in international disputes, where parties often want a neutral person.

If the parties have not agreed on a procedure, Section 11 supplies one. For three arbitrators, each party appoints one, and those two appoint the third, who acts as the presiding arbitrator. For a sole arbitrator, the parties must agree on the person.

When this fails, the court steps in. In an international commercial arbitration, the references to the "Supreme Court or, as the case may be, the High Court" are read as the Supreme Court. The Supreme Court may designate a person or institution to make the appointment. In any other arbitration, it is the High Court within whose local limits the principal Civil Court is situated. In an international commercial arbitration, for a sole or third arbitrator, the Supreme Court or its designate may appoint an arbitrator of a nationality other than those of the parties, where the parties belong to different nationalities.

The court's role is narrow. It confines itself to examining the existence of an arbitration agreement. Before appointing, it seeks a written disclosure from the prospective arbitrator under Section 12(1) and has due regard to the qualifications the parties required and to securing an independent and impartial arbitrator. The decision is final, and no appeal, including a Letters Patent Appeal, lies against it.

Once the tribunal is in place, Section 29A deals with time. The award in a domestic arbitration must be made within twelve months from the date pleadings are completed under Section 23(4). For international commercial arbitration, the proviso says the award may be made as expeditiously as possible, and an endeavour may be made to dispose of the matter within twelve months. So the strict mandate-termination consequence is tied to the domestic rule in sub-section (1).

Key rules to remember

Default three-member tribunal: Each party appoints 1 arbitrator; the two appointed arbitrators appoint the third (presiding); Applies only if the parties have not agreed a procedure (Section 11(3)).
Thirty-day triggers: Party fails to appoint within 30 days of request, or two arbitrators fail to agree on the third within 30 days of their appointment → court appointment on request; Section 11(4). For a sole arbitrator, 30 days from receipt of a request to agree (Section 11(5)).
Who appoints in international commercial arbitration: Supreme Court (or person or institution designated by it); Section 11(12)(a). In other arbitrations, the High Court (Section 11(12)(b)).
Scope of court's examination: Confined to the existence of an arbitration agreement; Section 11(6A).
Disposal of application: Endeavour to dispose of within 60 days from service of notice on opposite party; Section 11(13).
Award time limit: 12 months from completion of pleadings under Section 23(4); extendable by consent by up to 6 months; Section 29A(1) and (3). For international commercial arbitration, the proviso makes this an endeavour.
Additional fees for early award: Award within 6 months of tribunal entering upon reference → additional fees as parties agree; Section 29A(2).
Fee reduction on court-extended delay: Reduction not exceeding 5% per month of delay attributable to the tribunal; Section 29A(4) proviso; arbitrator must be heard first.

How to solve Appointment of Arbitrators and Tribunal Procedure in International Arbitration questions

Use this order for any case question on appointment or tribunal time limits.

1Identify whether the arbitration is international commercial or other. This decides whether the Supreme Court or the High Court acts.
2Check for a party-agreed appointment procedure. If one exists, apply it first (Section 11(2)).
3If none exists, apply the default: three arbitrators (one each, then the presiding arbitrator) or a sole arbitrator by agreement.
4Check the 30-day periods to see whether the failure has actually occurred, and who may apply to the court.
5State the court's role: confined to existence of an arbitration agreement; written disclosure under Section 12(1); regard to qualifications and independence; decision final, no appeal.
6Apply Section 29A for timing: starting date (completion of pleadings), twelve months, six-month extension by consent, then court extension.
7Conclude clearly with the forum, the appointment route and the time consequence, tied to the facts.

Quickest way: Four-question check

When to use it: Use in a short case question when time is tight.

Type: international commercial or not? Name Supreme Court or High Court.
Agreed procedure or default? State it in one line.
Has 30 days passed without action? If yes, a party may apply to the court.
Time: is it a Section 29A question? Twelve months from pleadings, plus six by consent, then court.

Common mistakes in Appointment of Arbitrators and Tribunal Procedure in International Arbitration

Saying the High Court appoints in an international commercial arbitration.
Students remember the older or domestic position.
Fix: For international commercial arbitration, the reference is to the Supreme Court under Section 11(12)(a). The High Court acts in other arbitrations.
Saying the court examines the merits or validity of the agreement in detail.
Confusion with older case law and general court powers.
Fix: Under Section 11(6A), the court confines itself to examining the existence of an arbitration agreement.
Counting the twelve months from the date of appointment.
Students mix the old and current text of Section 29A.
Fix: Count from the date of completion of pleadings under Section 23(4). The six-month fee incentive in 29A(2) runs from the date the tribunal enters upon the reference.
Stating that the mandate of the arbitrator always ends if twelve months pass in an international commercial arbitration.
Applying the domestic rule to every case.
Fix: The proviso to Section 29A(1) says the international award may be made as expeditiously as possible and an endeavour may be made for twelve months. Termination under 29A(4) is linked to the period in sub-section (1).
Forgetting that the parties' agreement overrides the default.
Students jump straight to the three-arbitrator rule.
Fix: Always begin with Section 11(2): parties are free to agree on the procedure. The default applies only failing agreement.
Saying an appeal lies against the court's appointment decision.
Assuming all court orders are appealable.
Fix: Section 11(7) makes the decision final, and no appeal, including a Letters Patent Appeal, lies.

Worked examples

Example 1

Alpha Ltd (Mumbai) and Beta GmbH (Germany) have an arbitration clause for three arbitrators but no appointment procedure. Alpha appoints its arbitrator and asks Beta to appoint one. Beta does nothing for 40 days. Advise Alpha.

Show the solution

The dispute is between an Indian company and a foreign company, so it is treated as an international commercial arbitration for this question.
The parties agreed no procedure, so the default in Section 11(3) applies: each party appoints one arbitrator and the two appoint the presiding arbitrator.
Under Section 11(4)(a), failure to appoint within thirty days of the request lets Alpha apply for appointment. Forty days have passed.
In international commercial arbitration, the application goes to the Supreme Court or its designated person or institution (Section 11(12)(a)).
The court will confine itself to the existence of the arbitration agreement, seek the written disclosure under Section 12(1) and have regard to independence and impartiality. Its decision is final.

Answer: Alpha may apply to the Supreme Court (or its designate) for appointment of Beta's arbitrator, because Beta missed the 30-day period. The court only checks that an arbitration agreement exists, and its decision cannot be appealed.

Example 2

In a domestic arbitration, pleadings were completed on 1 March 2026. The parties extend the time by consent as far as the law allows. By what date must the award be made, and what happens if it is not?

Show the solution

Under Section 29A(1), the award must be made within twelve months of completion of pleadings, that is by 1 March 2027.
Under Section 29A(3), the parties may by consent extend the period by a further period not exceeding six months, so the latest date is 1 September 2027.
Under Section 29A(4), if the award is not made by then, the mandate of the arbitrators terminates unless the Court has extended the period before or after the expiry.
Extension by the Court may be sought by any party under Section 29A(5) only for sufficient cause and on terms the Court imposes.
If the Court finds the delay is attributable to the tribunal, it may reduce fees by not more than five per cent for each month of delay, after hearing the arbitrator.

Answer: The award is due by 1 March 2027, extendable by consent to 1 September 2027. After that, the mandate terminates unless the Court extends the time for sufficient cause, and fees may be reduced by up to 5% per month of tribunal-caused delay.

Exam tips

Start every answer with the provision, then the facts, then the conclusion. Name Section 11 and Section 29A clearly.
Always state the forum: Supreme Court for international commercial arbitration, High Court otherwise.
Quote the 30-day, 60-day, twelve-month and six-month periods exactly, and say what each one triggers.
Mention the final-decision rule in Section 11(7) and the narrow examination in Section 11(6A); examiners look for both.
Do not write about the UNCITRAL Model Law in detail unless the question asks. Link it in one line as the model for the Act.

Practice questions from Conceptual Framework of International Commercial Arbitration

Appointment of Arbitrators and Tribunal Procedure in International Arbitration: frequently asked questions

Who appoints the arbitrator in an international commercial arbitration in India?

If the parties' agreed procedure fails or no procedure exists and the 30-day periods lapse, the Supreme Court makes the appointment on request. It may designate a person or institution to do this.

Can the court appoint an arbitrator of a different nationality?

Yes. In an international commercial arbitration, for a sole or third arbitrator, the Supreme Court or its designate may appoint an arbitrator of a nationality other than those of the parties, where the parties belong to different nationalities.

What is the time limit for an award in international commercial arbitration?

The proviso to Section 29A(1) says the award may be made as expeditiously as possible, and an endeavour may be made to dispose of the matter within twelve months from completion of pleadings. It is framed as an endeavour.

How fast must the court decide an appointment application?

Section 11(13) says it shall be disposed of as expeditiously as possible, and an endeavour shall be made to dispose of it within sixty days from service of notice on the opposite party.