Introduction
The Arbitration and Conciliation Act, 1996
("Act") was enacted to have a unified
legal framework for domestic arbitration, international arbitration
and enforcement of foreign awards. This Act has been widely adopted
from the UNCITRAL Model Laws. The UNCITRAL Model Laws emphasize on
the party autonomy1 by which the parties are free to
choose the procedure for arbitration.
The parties are, thus, free to appoint an arbitrator of their
choice and when no consensus is arrived at within 30 days from the
receipt of request by one party from another2, the
Arbitration Institution designated by the Supreme Court or the High
Court (as the case may be)3 will appoint an arbitrator.
Until the Arbitration (Amendment) Act, 2019 is notified by the
Government, the Supreme Court or the High Court may appoint the
arbitrator. Importantly, the Courts shall not overlook the
procedure as agreed by the parties and suo moto appoint an
arbitrator.4 However, the Arbitrator
