Question
Under Section 11(1) of the Arbitration and Conciliation
Act, 1996, who is eligible to be appointed as an arbitrator?ΒSolution
Section 11(1) provides: "A person of any nationality may be an arbitrator, unless otherwise agreed by the parties." This reflects international arbitration standards and allows parties maximum flexibility in selecting arbitrators based on expertise rather than nationality. The parties can expressly or impliedly restrict arbitrators to nationals, specific professions, or individuals with particular qualifications. This openness to foreign arbitrators is particularly valuable in international commercial arbitration and reflects India's commitment to becoming a global arbitration hub.
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