Clarifying The Arbitrator Appointment Process: Key Takeaways From Delhi High Court Order

In India, Section 11(6) of the Arbitration and Conciliation Act, 1996 ("A&C Act"), addresses the appointment of arbitrators when parties cannot agree on a choice or mechanism for their selection. This provision empowers the Chief Justice of the High Court or the Supreme Court, depending on the case, to appoint an arbitrator or an arbitral tribunal. The scope of Section 11(6) involves the Court's role in ensuring that an arbitration agreement is honored and that the appointment process is handled fairly.

Last week, the scope of Section 11(6) of the A&C Act was examined by Delhi High Court in the case of Hitesh Chhabra & Anr. Vs Sandeep Chhabra[1], wherein in view of the disputes arising between the partners of a partnership firm, petition was filed by petitioners under Section 11(6) of the A&C Act for reference of the disputes between the parties to arbitration. It was informed by petitioners before the Court that the Partnership Deed dated 22 April 2006, executed