What can I do if the other party refuses to appoint an arbitrator?

Question

My contract has an arbitration clause but the other party is not cooperating in appointing an arbitrator. I want to know how to get one appointed. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

What can I do if the other party refuses to appoint an arbitrator? is governed in India primarily by Arbitration and Conciliation Act 1996, Section 11, Arbitration and Conciliation Act 1996, Section 11(6) and Arbitration and Conciliation Act 1996, Section 11(6A). The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 11 lays down the procedure for appointment of arbitrators, allowing parties to agree on their own procedure, failing which each party or the agreed procedure appoints arbitrators within the time specified in the clause.

Section 11(6) allows a party to approach the High Court, in the case of a domestic non-international commercial arbitration seat, or the Supreme Court for an international commercial arbitration, if the other party fails to act as required under the agreed appointment procedure.

Section 11(6A) confines the court's inquiry at this stage to the existence of a valid arbitration agreement, following the Supreme Court's ruling in Arbitration and Conciliation Act amendments and reaffirmed in cases like In Re: Interplay, leaving all other issues including limitation to the tribunal.

The Arbitration and Conciliation (Amendment) Act 2019 introduced arbitral institution-based appointment mechanisms designated by the Supreme Court or High Court, in place of the court appointing an arbitrator directly, though courts continue to exercise the power pending full notification.

A party must send a clear notice invoking arbitration and proposing an arbitrator before approaching the court under Section 11, since the court will expect proof that the appointment procedure was actually attempted and failed.

What to do next: 1) Send a formal notice invoking the arbitration clause and proposing an arbitrator or panel; 2) Wait for the period specified in the clause, or thirty days if none is specified, before escalating; 3) File a Section 11 application before the appropriate High Court or Supreme Court if the other side does not respond; 4) Attach the arbitration agreement and correspondence proving the failed appointment attempt.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Arbitration and Conciliation Act 1996, Section 11 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.