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

Three-member tribunal, no agreed procedure. Ravi Steels appointed its arbitrator. Mehta Forgings was asked to appoint its arbitrator but did nothing for 30 days after receiving the request. What follows under Section 11?

The appointment is made by the court or a person or institution it designates, on request of a party. Mehta Forgings' failure to appoint within thirty days of the request triggers this power under Section 11. The other party's arbitrator does not become sole arbitrator.

  1. ARavi Steels' arbitrator becomes sole arbitrator automatically
  2. BOn request of a party, the appointment is made by the court or its designated person or institutionCorrect
  3. CThe two parties must wait for the tribunal to be reconstituted by the Registrar
  4. DThe arbitration agreement lapses

Explanation

Under the default three-arbitrator procedure, if a party fails to appoint within thirty days of receipt of the request, the appointment is made on a party's request by the court or its designate. There is no automatic sole arbitrator and the agreement does not lapse.

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