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

Mehta Steel Ltd (India) and Hanseong Corp (South Korea) have an arbitration agreement that says nothing about how arbitrators are to be appointed or about their nationality. They agree to a sole arbitrator but cannot agree on the person within thirty days of Mehta's request to Hanseong to do so. Under the Arbitration and Conciliation Act, 1996, who makes the appointment on a party's request?

The Supreme Court, or a person or institution it designates, makes the appointment. Where parties to an international commercial arbitration cannot agree on a sole arbitrator within thirty days of the request, the court referred to in the appointment provisions is the Supreme Court, not the High Court.

  1. AThe Supreme Court, or a person or institution designated by it, since this is an international commercial arbitrationCorrect
  2. BThe High Court having jurisdiction over Mehta Steel's registered office
  3. CThe Principal Civil Court of original jurisdiction in the district
  4. DHanseong Corp, since Mehta Steel made the first request

Explanation

Section 11(5) provides that, on failure to agree within thirty days, the appointment is made on a party's request by the court or its designate. Under section 11(12)(a), in an international commercial arbitration the reference to the court means the Supreme Court. The High Court is the forum only for other arbitrations.

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