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

Under a three-arbitrator default procedure, Mehta Steels Ltd requests Rao Forgings Pvt Ltd to appoint its arbitrator. Rao Forgings does nothing for thirty days from receipt of the request. What is the correct course?

Mehta Steels may apply to the Supreme Court or the High Court, as applicable, or its designate, which makes the appointment. The right arises because Rao Forgings failed to appoint within thirty days of receiving the request.

  1. AMehta Steels may request the court, or its designate, to make the appointmentCorrect
  2. BMehta Steels may appoint both arbitrators itself without any request
  3. CThe arbitration agreement lapses automatically
  4. DThe matter must wait for sixty days before any request is made

Explanation

If a party fails to appoint within thirty days of receiving the request from the other party, the appointment is made, on request of a party, by the Supreme Court or High Court, or its designated person or institution. No automatic lapse or sixty-day wait is provided; sixty days is only the target for disposing of the application.

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