Legal intelligence page · Statute

Section 11, Arbitration and Conciliation Act, 1996

Appointment of arbitrators. This page tracks every judgment, amendment and regulatory development the platform indexes under Section 11, updated automatically as new content is published.

Judgments indexed

742

Supreme Court

118

Last updated

Yesterday

Overview

Section 11 governs the appointment of arbitrators where the parties' agreed procedure fails. The scope of the referral court's enquiry has narrowed considerably since the 2015 and 2019 amendments, and the current question before benches is how far a court may look at the existence of the arbitration agreement before referring.

Statutory text — extract

A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. Where the parties fail to agree on a procedure for appointing the arbitrator, the appointment shall be made, on an application of the party, by the Supreme Court or the High Court as the case may be.

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