Question
According to Section 11(5), when does court intervention occur in appointing a sole arbitrator?Â
Solution
Section 11(5) provides: "Failing any agreement referred to in sub-section (2), in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator within thirty days from receipt of a request by one party from the other party to so agree, the appointment shall be made, upon request of a party, by the Chief Justice or any person or institution designated by him." The 30-day period is critical—it provides a reasonable timeframe for agreement before judicial intervention. The appointment by the Chief Justice or designated authority is binding and final.
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