धारा 78

Where, under an agreement, the parties are free to decide on the appointment of one or more arbitrators, including the chairman of the arbitral tribunal, each party shall appoint one arbitrator on the date agreed upon or, if no date is agreed upon, within thirty days as from the receipt of a request to do so. Where, under the said agreement, the parties in their discretion are free to decide on the appointment of one or more arbitrators, including the chairman of the arbitral tribunal, and where, under the said agreement, a party fails to appoint an arbitrator within the stipulated time, the other party may, in case of an arbitration with three arbitrators, appoint that arbitrator and may, at the same time, communicate to the other party the name of the arbitrator appointed by him and a request to the other party to appoint the arbitrator or arbitrators to be appointed by that other party. If the other party fails to appoint the arbitrator or arbitrators within the stipulated time, the party first appointing the arbitrator may, in case of an arbitration with three arbitrators, appoint the other two arbitrators.