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. Specifically, I want to know how Arbitration and Conciliation Act 1996, Section 11 applies to a situation like mine and what the corporate law position in India actually is. If there is a deadline I should be aware of, I need to know that now.

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). Outcomes in section 11 arbitrator appointment disputes depend heavily on documentation, so check what you can actually evidence as you read.

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.

Practical steps: 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 — remedies under Arbitration and Conciliation Act 1996, Section 11 carry limitation periods, and unexplained delay 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 corporate law.