Skip to content

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

An agreement between Rao Pharma Ltd and Singh Logistics provides that the arbitrator must be a retired High Court judge with commercial law experience. The parties fail to agree on a sole arbitrator and the High Court is asked to appoint one. What must the Court do under Section 11(8) before appointing?

The Court must seek a written disclosure from the prospective arbitrator under Section 12(1) and have due regard to the qualifications required by the parties' agreement, along with considerations ensuring an independent and impartial arbitrator, as Section 11(8) directs.

  1. AIgnore the agreed qualification as the Court has full discretion
  2. BSeek a written disclosure from the prospective arbitrator and have due regard to the qualifications required by the agreementCorrect
  3. CAppoint only a person from the Court's own panel regardless of the agreement
  4. DExamine the merits of the dispute to judge the arbitrator's suitability

Explanation

Section 11(8) requires the Court or its designate to seek a written disclosure under Section 12(1) and to have due regard to any qualifications required by the parties' agreement and to considerations securing an independent and impartial arbitrator. Under Section 11(6A) the Court confines itself to examining the existence of an arbitration agreement, not the merits.

Did you get it right without looking?

One question tells you little. A timed set on Arbitration Procedure, Appointment of an Arbitrator and Other Aspects shows your real accuracy, how long you take and where you lose marks.

Practise Arbitration Procedure, Appointment of an Arbitrator and Other AspectsFree diagnostic mock

More Arbitration Procedure, Appointment of an Arbitrator and Other Aspects questions