When the Other Side Refuses to Appoint an Arbitrator
Short answer: A refusal or failure to nominate an arbitrator does not automatically defeat the arbitration agreement. Review the appointment clause, invocation notice, service record, contractual sequence, designated institution, arbitral seat, and jurisdiction. If the agreed mechanism has failed, an application under Section 11 may be considered before the competent court.
What should be checked first?
Start with the executed arbitration clause. It may specify the number of arbitrators, nomination method, institutional rules, seat, governing law, notice method, and escalation steps. The invocation should match that mechanism. A defective or premature notice can create avoidable jurisdictional or maintainability objections.
What evidence shows refusal or failure to act?
- The executed contract and any amendments.
- The notice invoking arbitration and proof of delivery.
- The reply, express refusal, competing nomination, or evidence of non-response.
- Correspondence about the appointment process.
- A dated chronology of the underlying dispute.
- Information about related court or interim proceedings.
What happens after the agreed mechanism fails?
A court-appointment application may be considered under the Arbitration and Conciliation Act, 1996. The filing should accurately present the arbitration agreement, invocation history, service record, unresolved appointment issue, arbitral seat, and jurisdictional basis. The appropriate court cannot be selected only from the parties’ addresses or a convenient hearing location.
Which page explains the formal Section 11 route?
Read the detailed page on Section 11 arbitrator appointment before the Calcutta High Court and the broader arbitration services overview.
Primary sources
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For a focused consultation, share the principal agreement, invocation notice, response, proof of service, connected orders, and a short chronology through the contact page. Please do not send confidential originals unless requested.
This page provides general legal information, not advice for a specific dispute. Court procedure and available remedies depend on the facts, agreement, governing law, forum, and current rules.