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

In an international commercial arbitration, an Indian company and a Singapore company cannot agree on a sole arbitrator, and the matter goes to the appointing authority. Which statement is correct under the Act?

The authority may appoint a sole or third arbitrator of a third nationality, different from both parties' nationalities, where the parties belong to different nationalities. A person of any nationality can be an arbitrator unless the parties have agreed otherwise, so no Indian-national or judge requirement applies.

  1. AThe authority must appoint an Indian national, since the seat is in India
  2. BThe authority may appoint an arbitrator of a nationality other than those of the partiesCorrect
  3. CThe authority is barred from appointing anyone who is not a national of one of the parties
  4. DThe authority must appoint a retired judge of the Supreme Court

Explanation

Section 11(9) lets the authority appoint a sole or third arbitrator of a nationality different from the parties' nationalities where they belong to different nationalities. Section 11(1) also says a person of any nationality may be an arbitrator unless the parties agree otherwise. No rule requires a retired judge.

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