Similarly, Section 11 of the Arbitration Act provides the circumstances under which a party can approach the court to appoint an arbitrator. The relevant portion is as follows:
“(4) If the appointment procedure in sub-section (3) applies and—
(a) a party fails to appoint an arbitrator within thirty days from the receipt of a request to do so from the other party;
the appointment shall be made, upon request of a party, by the Supreme Court or, as the case may be, the High Court or any person or institution designated by such Court;
(5) Failing any agreement referred to in sub-section (2), in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator within thirty days from receipt of a request by one party from the other party to so agree the appointment shall be made, upon request of a party, by the Supreme Court or, as the case may be, the High Court or any person or institution designated by such Court.”
Thus, where Sections 11(4) and 11(5) of the Arbitration Act apply, a party seeking to approach the court for appointment of an arbitrator must issue an invocation notice, and there must be a failure to appoint an arbitrator within 30 days of receipt of the notice by the other party.
Source: Barandbench
