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    Question

    According to Section 11(5), when does court intervention

    occur in appointing a sole arbitrator? 
    A Whenever one party requests court assistance at any time Correct Answer Incorrect Answer
    B When parties fail to agree on the sole arbitrator within 30 days from receipt of a request by one party from the other, the appointment is made by the Chief Justice or designated authority upon request Correct Answer Incorrect Answer
    C Courts can never appoint a sole arbitrator; parties must always agree Correct Answer Incorrect Answer
    D The court must appoint a sole arbitrator when a three-arbitrator tribunal is initially agreed Correct Answer Incorrect Answer
    E Only after arbitration proceedings have commenced Correct Answer Incorrect Answer

    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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