Section 77 Arbitration Act Explained: Failure by respondent to appoint arbitrator | Nyaya

Statutory Content

What does Section 77 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 77, Arbitration and Conciliation Act, 1996

Bluebook (21st ed.)Arbitration and Conciliation Act, 1996, § 77 (India)

Court Pleading StandardSection 77 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 77 Arbitration Act

What is Section 77 of Arbitration Act?

Section 77 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) defines and regulates "Failure by respondent to appoint arbitrator". 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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