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

Tata-Meridian Pvt Ltd (India) and Orion Pte Ltd (Singapore) fail to agree on a sole arbitrator within thirty days of a request. An application is made for appointment in their international commercial arbitration. Who decides the application under the Act?

The application goes to the Supreme Court or its designated person or institution, because in an international commercial arbitration the appointment provisions are construed as referring to the Supreme Court, whereas the High Court handles other arbitrations.

  1. AThe High Court within whose limits the principal civil court is situated
  2. BThe Supreme Court or a person or institution designated by itCorrect
  3. CThe principal civil court of original jurisdiction in the district
  4. DThe arbitral institution of Singapore by default

Explanation

In international commercial arbitration, references to the Supreme Court or High Court in the appointment provisions are read as the Supreme Court. The High Court route applies to other arbitrations. The Court may designate a person or institution.

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