Agreement of reference to a common arbitrator

Agreement of reference to a common arbitrator

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.