Question
Under the Arbitration and Conciliation Act, 1996, who
has the authority to appoint an arbitrator when the parties fail to do so?Solution
•As per Section 11 of the Arbitration and Conciliation Act, 1996, if the parties fail to appoint an arbitrator (or a panel of arbitrators), either party may approach the court to appoint an arbitrator. •The court appoints the arbitrator if the parties have not agreed upon one or in cases where the chosen arbitrators are unable to act. •In international arbitration, the appointment authority may also be the international institution specified by the parties, but if not, it remains with the court.
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