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

Nair Exports (India) and Hoffmann GmbH (Germany) are in an international commercial arbitration with no agreed appointment mechanism for a sole arbitrator. They fail to agree within thirty days of request. Who is competent to make the appointment under the Act?

The Supreme Court, or a person or institution it designates, makes the appointment. In international commercial arbitration the references to the Supreme Court or High Court are construed as the Supreme Court, while other arbitrations go to the relevant High Court.

  1. AThe Supreme Court or its designated person or institutionCorrect
  2. BThe High Court within whose limits the principal Civil Court is situated
  3. CThe Chief Justice of the nearest High Court personally
  4. DThe District Court of the Indian party

Explanation

For matters arising in international commercial arbitration, references to the Supreme Court or High Court are read as the Supreme Court. The High Court route applies to other arbitrations. The Act no longer refers to the Chief Justice.

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