S. 11(6) – Under what circumstances appointment of arbitrator by Chief Justice or designate can be made
Section 11(6) of the Arbitration and Conciliation Act, 1996 makes provision for making an application to the Chief Justice concerned for appointment of an arbitrator in three circumstances: (a) a party fails to act as required under the agreed procedure, or (b) the parties or the two appointed arbitrators fail to reach an agreement expected of them under that procedure, or (c) a person, including an institution, fails to perform any function entrusted to him or it under that procedure. If one of the three circumstances is satisfied, the Chief Justice may exercise the jurisdiction vested in him under Section 11(6) and appoint the arbitrator.
Case Law:
Deep Trading Company vs. Indian Oil Corporation
Citation:
(2013) 4 SCC 35