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

Patel Infra Ltd (India) and Hanwa Corp (Korea) are in an international commercial arbitration with an agreement for a sole arbitrator. They fail to agree on one within thirty days of the request. Which statement is correct?

The application lies to the Supreme Court, because Section 11(12)(a) treats the Court as the Supreme Court in international commercial arbitration. Under Section 11(9), it may appoint a sole arbitrator of a nationality different from the nationalities of the parties.

  1. AThe application goes to the High Court, which cannot appoint a foreign national
  2. BThe application goes to the Supreme Court, which may appoint an arbitrator of a nationality different from both partiesCorrect
  3. CThe application goes to the Supreme Court, which must appoint an Indian national
  4. DNo Court may act since the parties chose a foreign party

Explanation

Under Section 11(12)(a), in international commercial arbitration the reference to the Court means the Supreme Court. Section 11(5) allows a request after thirty days of failure to agree on a sole arbitrator. Section 11(9) lets the appointing authority choose an arbitrator of a nationality other than those of the parties where they belong to different nationalities. Section 11(1) also says a person of any nationality may be an arbitrator unless parties agree otherwise.

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