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

Under a domestic arbitration clause with no agreed procedure, three arbitrators are needed. Rohit Steel Ltd appointed its arbitrator, and Meera Alloys Pvt Ltd appointed its own. The two arbitrators were appointed on 10 June but could not agree on the presiding arbitrator. When may a party first request the court to appoint the third arbitrator?

A party may request the court only after thirty days from the date the two arbitrators were appointed, if they have still failed to agree on the third arbitrator. The period runs from their appointment, and no deadlock notice is required.

  1. AImmediately on 10 June, since they disagree
  2. BAfter thirty days from 10 June, the date of their appointmentCorrect
  3. CAfter sixty days from 10 June
  4. DOnly after the arbitrators give a written notice of deadlock to the court

Explanation

Where the two appointed arbitrators fail to agree on the third arbitrator within thirty days from the date of their appointment, the appointment is made by the court upon request of a party. The period runs from their appointment, not from any notice of deadlock.

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