Section 11 of Arbitration and Conciliation Act
Section 11 of the Arbitration and Conciliation Act, 1996
Purpose:
Section 11 deals with the appointment of arbitrators when parties to an arbitration agreement are unable to agree on the appointment or the agreed mechanism fails.
Detailed Explanation:
1. Appointment of Arbitrators by the Parties
Generally, the parties to an arbitration agreement are free to appoint an arbitrator or arbitrators by mutual agreement.
The arbitration clause or agreement may specify the number of arbitrators and the method of appointment.
2. Role of the Court in Appointment
If the parties fail to appoint an arbitrator as per the arbitration agreement or if the agreed appointing authority refuses or fails to appoint an arbitrator within the stipulated time, a party may approach the court for appointment.
3. Who Can Apply to the Court?
Either party or any person claiming through or under a party may make an application to the court for appointment of an arbitrator.
4. Procedure for Court Appointment
The court must appoint the arbitrator after giving the parties a chance to state their views.
The court should act without delay and preferably within 30 days from the receipt of the application.
5. Power of Supreme Court/High Court
The Supreme Court or High Court has exclusive jurisdiction to appoint arbitrators if:
The arbitration agreement provides for such appointment by these courts.
Or in cases where the parties have chosen such courts for the appointment.
6. Immunity of the Court
The court or the judge making the appointment is not liable to any civil or criminal proceedings for any act done or omitted to be done in good faith under this section.
Summary Table: Section 11 of Arbitration and Conciliation Act
| Provision | Description |
|---|---|
| Purpose | Appointment of arbitrators when parties fail to do so |
| Party’s Role | Parties are primarily responsible for appointing arbitrators as per arbitration agreement |
| Court’s Intervention | Court intervenes if parties or appointing authority fail or refuse to appoint within time |
| Who can approach Court? | Any party or person claiming through a party |
| Time for Court to Act | Court should act without delay (preferably within 30 days) |
| Exclusive Jurisdiction | Supreme Court/High Court can be appointed as appointing authority if so provided in arbitration clause |
| Immunity for Court | Courts/judges have immunity for acts done in good faith under this section |
Importance of Section 11:
Prevents deadlocks in the arbitration process due to failure to appoint arbitrators.
Ensures swift initiation of arbitration to avoid delays.
Upholds party autonomy while providing a judicial mechanism as a safeguard.
Enhances the efficiency and credibility of the arbitration process.
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