An arbitration agreement names no arbitrator and the parties fail to agree on an appointment. A party may apply for appointment of an arbitrator to:

Explanation: Where the parties fail to agree on the appointment, a party may make an application to the HIGH COURT (or the Supreme Court, for international commercial arbitration) under Section 11 of the Arbitration and Conciliation Act, 1996, which has the power to appoint an arbitrator. The section constitutes a chief-justice/designated-judge function and is administrative-cum-judicial in nature. Section 34, by contrast, concerns challenge to an award, and Section 36 enforcement. Section 11 is the gateway for getting a stalled arbitration onto a proper tribunal.