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

Under a contract between Anand Pharma Ltd (Ahmedabad) and Bhatia Logistics LLP (Pune), the clause says the sole arbitrator will be agreed by the parties and does not give any other procedure. Anand writes to Bhatia proposing a name, and Bhatia neither accepts nor proposes another name. After how long, and to whom, can Anand apply?

Anand may apply after thirty days from Bhatia's receipt of the request to agree, to the Supreme Court or High Court, or a person or institution designated by it. The thirty-day period is the statutory window for the parties to agree on a sole arbitrator.

  1. AAfter 30 days from receipt of the request to agree, to the Supreme Court or High Court or its designateCorrect
  2. BAfter 60 days from the request, to the Supreme Court only
  3. CImmediately after the letter, to the principal civil court
  4. DAfter 90 days, to the other party's chosen institution

Explanation

For a sole arbitrator with no agreed procedure, if the parties fail to agree within thirty days from receipt of the request by one party from the other, the appointment is made on request by the Supreme Court or High Court or its designate. Sixty days applies only to the endeavour to dispose of the application.

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