Section 76 Arbitration Act Explained: Appointment of arbitrator to be treated as court's proceeding | Nyaya

Statutory Content

What does Section 76 of Arbitration Act say?

Where the parties have agreed on a method of appointing one or more arbitrators, the party applying for the appointment shall, where the agreement provides, give notice of the application to the other party and shall attach a copy of the agreement. The notice and copy of the agreement shall be sent by the same means as the notice of arbitration referred to in section 5. The arbitral tribunal shall, if the other party fails to act under the agreement, act in its stead. If the other party to the arbitration agreement has not acted under the agreement, the arbitral tribunal shall, if it sees fit, continue the arbitral proceedings notwithstanding the non-appointment or the inadequacy of the appointment.

Indian StandardSection 76, Arbitration and Conciliation Act, 1996

Bluebook (21st ed.)Arbitration and Conciliation Act, 1996, § 76 (India)

Court Pleading StandardSection 76 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 76 Arbitration Act

What is Section 76 of Arbitration Act?

Section 76 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) defines and regulates "Appointment of arbitrator to be treated as court's proceeding". The section states: Where the parties have agreed on a method of appointing one or more arbitrators, the party applying for the appointment shall, where the agreement provides, give notice of the appl...

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