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

A Mumbai company and a Singapore company are in an international commercial arbitration; their agreement gives no appointment procedure and they fail to agree on a sole arbitrator within thirty days of the request. Which statement is correct under section 11?

In an international commercial arbitration, the request for appointment is made to the Supreme Court. Where the parties belong to different nationalities, it may appoint a sole or third arbitrator of a nationality different from theirs.

  1. AThe appointment request goes to the Supreme Court, which may appoint an arbitrator of a nationality other than those of the partiesCorrect
  2. BThe appointment request goes to the High Court within whose limits the principal civil court sits, and nationality is irrelevant
  3. CThe Chief Justice of the nearest High Court must appoint a person of Indian nationality
  4. DThe appointment may be made by either party unilaterally

Explanation

Section 11(12)(a) treats references to the Supreme Court or High Court as the Supreme Court in international commercial arbitration, and section 11(9) lets it appoint a sole or third arbitrator of a nationality other than the parties' where they belong to different nationalities. The High Court option reflects domestic arbitration.

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