Srishti Singh 14 July 2022

arbitration and conciliation act

whether High Court has the power to appoint arbitrator if the time limit has already lapsed?

Quick Summary

This discussion examines whether the High Court retains the power to appoint an arbitrator if the agreed-upon time limit for such an appointment has already passed. While parties can approach the High Court for arbitrator appointment if they fail to do so as per their agreement, it's clarified that such appointments are typically made under Section 11 of the Arbitration and Conciliation Act within three years of the dispute arising.

3 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 14 July 2022

Hello,

Any of the parties may approach for the appointment of the arbitrator to the high court if the parties failed to appoint the arbitrator as provided in the agreement.

Srishti Singh 14 July 2022

Hey...but if time limit is already over... in that case do high courts has the power to appoint arbitrators?

Advocate Bhartesh goyal (advocate) 14 July 2022

Arbitrator can be appointed by H.C only wnen any party of agreement applies under sec 11 of Arbitration and Conciliation Act within 3 years of arisen dispute between them.