Case Law Analysis
|Supreme Court of India
Section 11(4) Arbitration and Conciliation Act | Co-Arbitrators May Appoint Presiding Arbitrator After 30 Days If Parties Fail to Agree : Supreme Court
The Supreme Court reaffirms that under Section 11(4), if parties fail to jointly appoint a presiding arbitrator within 30 days, the two party-appointed arbitrators retain the authority to make the appointment - reinforcing party autonomy and closing the door to procedural delays disguised as jurisdictional challenges. This clarifies a critical pathway for tribunal constitution in domestic arbitrations, benefiting commercial parties and arbitrators alike.