Skip to content

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

Sharma Textiles Ltd and Gupta Dyes Pvt Ltd have an arbitration clause that says disputes will be referred to arbitration but is silent on the number of arbitrators. A dispute arises. How many arbitrators will constitute the tribunal?

The tribunal will have a sole arbitrator. Under Section 10, parties may fix the number of arbitrators but it cannot be even, and if they fail to determine the number, the arbitral tribunal consists of a sole arbitrator by default.

  1. ATwo arbitrators, one nominated by each party
  2. BA sole arbitratorCorrect
  3. CThree arbitrators, with the third as presiding arbitrator
  4. DAny number decided by the court on request

Explanation

Section 10(2) provides that where the parties have not determined the number of arbitrators, the tribunal consists of a sole arbitrator. The default of three arbitrators in Section 11(3) is an appointment procedure for when the parties have chosen three, not a default number. Two arbitrators would be an even number, which Section 10(1) prohibits.

Did you get it right without looking?

One question tells you little. A timed set on Arbitration Procedure, Appointment of an Arbitrator and Other Aspects shows your real accuracy, how long you take and where you lose marks.

Practise Arbitration Procedure, Appointment of an Arbitrator and Other AspectsFree diagnostic mock

More Arbitration Procedure, Appointment of an Arbitrator and Other Aspects questions