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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, Sharma Infra Ltd asks Gupta Steel Ltd in writing to appoint its arbitrator. Gupta Steel does nothing for 35 days. What is the correct position under section 11?

Because Gupta Steel failed to appoint within thirty days of receiving the request, Sharma Infra may apply for appointment to the Supreme Court or High Court, or its designated person or institution. The thirty-day period has already expired.

  1. ASharma Infra may request the court or its designated person or institution to make the appointment, as the thirty-day period has lapsedCorrect
  2. BSharma Infra must wait sixty days before approaching the court
  3. CSharma Infra's own arbitrator automatically becomes sole arbitrator
  4. DThe arbitration agreement lapses and the dispute goes to a civil court

Explanation

Section 11(4)(a) allows a request to the Supreme Court or High Court (or designate) if a party fails to appoint within thirty days of receiving the request. 35 days exceeds thirty, so the request is permitted. No sixty-day wait or automatic sole arbitrator exists.

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