Arbitration and Conciliation Act, 1996

Section 24

Limitation of power of appointing authority

⚡ Quick Answer Reference: Section 24 Arbitration Act

Provision: Section 24 of Arbitration Act
Act: Arbitration and Conciliation Act, 1996
Classification: arbitration
Jurisdiction: India
Summary: This section limits the power of the appointing authority in arbitration cases. It states that the authority can appoint one of the persons named by the parties or any other person as an arbitrator, but cannot appoint anyone named by the parties as an umpire.

Statutory Content

What does Section 24 of Arbitration Act say?

The authority appointing the arbitrator shall have the power to appoint one of the persons named by the parties or any other person as an arbitrator, but shall not have the power to appoint any person as an arbitrator who has been named by the parties as an umpire.

Indian StandardSection 24, Arbitration and Conciliation Act, 1996

Bluebook (21st ed.)Arbitration and Conciliation Act, 1996, § 24 (India)

Court Pleading StandardSection 24 of the Arbitration and Conciliation Act, 1996

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 24 of Arbitration Act mean?

Plain English Explanation

This section limits the power of the appointing authority in arbitration cases. It states that the authority can appoint one of the persons named by the parties or any other person as an arbitrator, but cannot appoint anyone named by the parties as an umpire.

Practical Interpretation

In practice, this section means that the appointing authority has some flexibility in choosing an arbitrator, but must respect the parties' preferences and cannot override their choice of umpire.

Core Legal Purpose

The core purpose of this section is to ensure that the appointing authority has sufficient powers to appoint an arbitrator, while also respecting the parties' autonomy and preventing any potential conflicts of interest.

Key Legal Elements

•The appointing authority must appoint one of the persons named by the parties as an arbitrator.
•The appointing authority cannot appoint anyone named by the parties as an umpire.
•The appointing authority has the power to appoint any other person as an arbitrator.
•The parties have the right to name their preferred arbitrator and umpire.

Practical Example

Practical Example of Section 24 Arbitration Act

Rajesh and Priya are parties to a dispute and have agreed to arbitration. They have named two persons as potential arbitrators and one person as an umpire. The appointing authority must choose one of the named arbitrators, but cannot appoint the person named as the umpire. Instead, the authority can appoint any other person as the arbitrator.

Common Questions (FAQ)

Frequently Asked Questions about Section 24 Arbitration Act

Q: What is the punishment or consequence under Section 24 of Arbitration and Conciliation Act, 1996?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to all parties involved in arbitration proceedings, regardless of whether they are private individuals or public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.

Common Questions about Section 24 Arbitration Act

What is Section 24 of Arbitration Act?

Section 24 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) defines and regulates "Limitation of power of appointing authority". In plain terms: This section limits the power of the appointing authority in arbitration cases. It states that the authority can appoint one of the persons named by the parties or any other person as an arbitrator, but cannot appoint anyone named by the parties as an umpire.

What are the elements of Section 24 of Arbitration Act?

The essential elements of Section 24 of Arbitration Act are: The appointing authority must appoint one of the persons named by the parties as an arbitrator.; The appointing authority cannot appoint anyone named by the parties as an umpire.; The appointing authority has the power to appoint any other person as an arbitrator..

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