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

Meera, a party to a pending arbitration, is a person of unsound mind and needs someone to represent her interests in the proceedings. Which statement correctly reflects the Act?

A party can apply to the arbitral tribunal during the proceedings for a guardian for a person of unsound mind. Section 17(1)(i) expressly gives the tribunal this power for the purposes of the arbitral proceedings, alongside a parallel Court power.

  1. AOnly the Court can appoint a guardian, and the tribunal has no such power
  2. BA party may apply to the arbitral tribunal during the proceedings for the appointment of a guardian for a person of unsound mind for the purposes of arbitral proceedingsCorrect
  3. CA guardian can be appointed only after the award is made
  4. DThe arbitration agreement automatically becomes void

Explanation

Section 17(1)(i) allows a party to apply to the tribunal during the proceedings for appointment of a guardian for a minor or person of unsound mind for the purposes of the arbitral proceedings. Section 9(1)(i) gives a parallel power to the Court, so the Court-only claim is wrong.

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