Section 36 Arbitration Act Explained: Appointment of Arbitrators | Nyaya

Statutory Content

What does Section 36 of Arbitration Act say?

Where the parties have agreed on a method of appointing the arbitrator or arbitrators or umpire, the method shall be followed and the name of the arbitrator or arbitrators or umpire appointed in accordance with that method shall be communicated by one of the parties to the other party. Where the parties have not made such an agreement, the arbitral tribunal shall consist of three arbitrators, one to be appointed by each party and the third to be appointed by the two arbitrators so appointed. Where the third arbitrator is to be appointed by the two arbitrators, the party who has failed to appoint the arbitrator within the time specified by the other party shall be deemed to have appointed an arbitrator who is to be appointed by the other party. Where the two arbitrators cannot agree on the third arbitrator, the third arbitrator shall be appointed by the Chief Justice or a Judge authorized by him. Where the Chief Justice or the Judge authorized by him is unable to make the appointment, the third arbitrator shall be appointed by the Supreme Court. Where the parties have agreed on a method of appointing the arbitrator or arbitrators or umpire, the method shall be followed and the name of the arbitrator or arbitrators or umpire appointed in accordance with that method shall be communicated by one of the parties to the other party. Where the parties have not made such an agreement, the arbitral tribunal shall consist of three arbitrators, one to be appointed by each party and the third to be appointed by the two arbitrators so appointed. Where the third arbitrator is to be appointed by the two arbitrators, the party who has failed to appoint the arbitrator within the time specified by the other party shall be deemed to have appointed an arbitrator who is to be appointed by the other party. Where the two arbitrators cannot agree on the third arbitrator, the third arbitrator shall be appointed by the Chief Justice or a Judge authorized by him. Where the Chief Justice or the Judge authorized by him is unable to make the appointment, the third arbitrator shall be appointed by the Supreme Court.

Indian StandardSection 36, Arbitration and Conciliation Act, 1996

Bluebook (21st ed.)Arbitration and Conciliation Act, 1996, § 36 (India)

Court Pleading StandardSection 36 of the Arbitration and Conciliation Act, 1996

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

Common Questions about Section 36 Arbitration Act

What is Section 36 of Arbitration Act?

Section 36 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) defines and regulates "Appointment of Arbitrators". The section states: Where the parties have agreed on a method of appointing the arbitrator or arbitrators or umpire, the method shall be followed and the name of the arbitrator or arbitrators or umpir...

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