What If the Other Party Refuses to Appoint an Arbitrator?

Deadlock at the appointment stage is common.

1. Court intervention under Section 11

If one party fails to appoint an arbitrator despite notice, the aggrieved party can approach the High Court or Supreme Court under Section 11.

2. Limited judicial scrutiny

Post Duro Felguera v. Gangavaram Port, courts at Section 11 stage examine only the existence of an arbitration agreement, not merits of the dispute.

This ensures speedy constitution of tribunals.

3. Forfeiture of appointment right

If a party fails to appoint an arbitrator within the stipulated time, courts have consistently held that the right stands forfeited.

The court will appoint an independent arbitrator, overriding contractual mechanisms if needed.

Practical takeaway

Non-cooperation does not stall arbitration. Courts step in quickly to keep the process moving.

This article is written by Alankar Narula, Advocate, practising in commercial arbitration and dispute resolution before the Punjab & Haryana High Court.