What does section 11 of arbitration Act provide for?
11. Power to Court to remove arbitrators or umpire in certain circumstances. (1) The Court may, on the application of any party to a reference, remove an arbitrator or umpire who fails to use all reasonable dispatch in entering on and proceeding with the reference and making an award.
Under what circumstances does the Chief Justice of the high Court have the right to appoint an arbitrator?
Once the agreement in that regard ceases when the party fails to agree upon the same, the Chief Justice is free to appoint a sole arbitrator even in respect of matters where the party agreed to have the dispute resolved by 3 arbitrators.
Can an order passed under section 11 of the Arbitration and Conciliation Act be appealed?
The “anomalous” question of appeal However, there is no provision that entitles a party to appeal against an order refusing the appointment of an arbitrator under Section 11 of the Act.
What is the procedure for appointment of arbitrator?
Procedure for the appointment: the appointment of the arbitrator is to be made by mutual consent of all the parties to the dispute. differences have arisen between the parties to the arbitration agreement; or between the appointed arbitrators; the differences are on the appointment or appointments of arbitrators.
Who can appoint sole arbitrator?
The only option of the parties in such cases would be to appoint the sole arbitrator by mutual consent failing which, as per amended Act (post 2019 amendment), such appointment shall be made by Arbitral Institutions designated by Supreme Court or the High Court, as the case may be.
Who can be an arbitrator?
Who can be appointed as arbitrator? Arbitrators can be non-lawyer experts in areas relevant to the dispute, but in practice, the vast majority of arbitrators are lawyers, law professors or scholars, judges and other dispute resolution professionals.
What is the age of retirement of Judges of High Court?
The retirement age for high court judges is 62, while it is 65 for Supreme Court judges.
Can an engineer be appointed as an arbitrator?
That, as per MOU, the Chief Engineer (NZ), Lucknow can mediate or arbitrate once either of the party approach to them. But he can not appoint the arbitrator.
Has Section 11 6A been deleted from the arbitration Act?
[1] When the 2019 Amendments to the Act are brought into force, Section 11 (6A) which introduced this prima facie test under Section 11 through the 2015 Amendments was to be deleted since the power of appointment is to be delegated to arbitral institutions.
Who shall appoint an arbitrator under section 11 of the Arbitration and Conciliation Act 1996 in case of an international arbitration?
Section 11 of the Act read with Rule 3 of the Scheme allows the Chief Justice to designate any person or institution for the purpose of appointing an arbitrator.
What is the qualification of arbitrator?
The Indian law does not lay down any specific qualifications for arbitrators. Every person who is of age and of sound mind can be appointed as an arbitrator. Arbitral institutions include in their panel a wide range of experts drawn from various professions, trade and business.
Who can act as arbitrator?
(1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. (2) Subject to sub-section (6), the parties are free to agree on a procedure for appointing the arbitrator or arbitrators.