Arbitrators are appointed in India by the Indian Arbitration and Conciliation Act, 1996.
The procedure in relation to appointment of arbitrator(s) is provided under Section 11 of the Act.
A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. The
aforesaid section also deals with the contingency wherein the parties fail to appoint an arbitrator
mutually. In such a situation, the appointment shall be made, upon request of a party, by the
Supreme Court or any person or institution designated by such Court, in the case of an
International Commercial arbitration or by High Court or any person or institution designated by
such Court, in case of a domestic arbitration. The purpose of this provision is to secure the
appointment of an unbiased and impartial arbitrator. Agreement of reference to a common
arbitrator allows the parties to appoint a common arbitrator with mutual consent.