Section 11 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 11 decides how the arbitral tribunal comes into being: by the procedure the parties agreed, by the default steps the section supplies, and, when either breaks down, on a request to the Supreme Court or the High Court. This explainer goes through sub-sections (1) to (14) exactly as per the India Code consolidated text consulted. Every footnote that text prints under section 11 cites Act 3 of 2016, s. 6, with effect from 23-10-2015; later amendments should be checked. If the other side is not appointing its arbitrator, our legal dispute resolution team can take the matter forward.
The parties may agree their own appointment procedure (section 11(2)). Without one, a tribunal of three is formed by each party appointing one arbitrator and the two choosing the presiding arbitrator (section 11(3)). If a party does not appoint within thirty days of a request, or the two arbitrators do not agree within thirty days, a party may request the Supreme Court or, as the case may be, the High Court or any person or institution designated by such Court to make the appointment (section 11(4), (5)). The decision is final (section 11(7)) and the endeavour is to dispose of the application within sixty days from service of notice on the opposite party (section 11(13)).
Sub-sections (1) to (3): nationality, agreed procedure, default procedure
Sub-section (1). A person of any nationality may be an arbitrator, unless otherwise agreed by the parties.
Sub-section (2). Subject to sub-section (6), the parties are at liberty to agree on a procedure for appointing the arbitrator or arbitrators. The number itself is settled under section 10: it must not be an even number, and if the parties fix none the tribunal is a sole arbitrator. See sections 10 and 11A.
Sub-section (3). Failing any agreement on procedure, in an arbitration with three arbitrators each party appoints one arbitrator, and the two appointed arbitrators appoint the third, who acts as the presiding arbitrator.
Sub-sections (4) to (6): when the appointment stalls
| Sub-section | Situation | Trigger as printed | Who acts |
|---|---|---|---|
| (4)(a) | Three arbitrators, no agreed procedure; a party does not appoint | Thirty days from the receipt of a request to do so from the other party | On request of a party, the Supreme Court or, as the case may be, the High Court or any person or institution designated by such Court |
| (4)(b) | The two appointed arbitrators do not agree on the third | Thirty days from the date of their appointment | Same |
| (5) | Sole arbitrator, no agreed procedure; the parties do not agree on the arbitrator | Thirty days from receipt of a request by one party from the other party to so agree | Same |
| (6) | An agreed procedure exists but a party, the parties or the two arbitrators, or a person or institution, does not act or agree as that procedure requires | No period is printed | A party may request the same authority to take the necessary measure |
Sub-section (6) carries one qualification: the request lies unless the agreement on the appointment procedure provides other means for securing the appointment. So a clause that names a fall-back step has to be followed first.
Sub-section (6) prints no number of days. Where the parties have agreed a procedure, the time for each step comes from that procedure.
Sub-sections (6A) and (6B): what is examined
Sub-section (6A). The Supreme Court or, as the case may be, the High Court, while considering any application under sub-section (4), (5) or (6), shall, notwithstanding any judgment, decree or order of any Court, confine to the examination of the existence of an arbitration agreement. What an arbitration agreement is, and when it is in writing, is in section 7.
Sub-section (6B). The designation of any person or institution by the Supreme Court or the High Court for the purposes of this section shall not be regarded as a delegation of judicial power by that Court.
Sub-sections (7) and (8): finality and disclosure
Sub-section (7). A decision on a matter entrusted by sub-section (4), (5) or (6) to the Supreme Court or, as the case may be, the High Court or the person or institution designated by such Court is final, and no appeal including Letters Patent Appeal shall lie against such decision.
Sub-section (8). Before appointing an arbitrator, that authority shall seek a disclosure in writing from the prospective arbitrator in terms of section 12(1), and have due regard to:
- any qualifications required for the arbitrator by the agreement of the parties; and
- the contents of the disclosure and other considerations as are likely to secure the appointment of an independent and impartial arbitrator.
The disclosure itself is explained in section 12: grounds for challenge and disclosure, and its form in the Sixth Schedule.
Sub-sections (9) to (12): international cases, schemes and which Court
Sub-section (9). In the appointment of a sole or third arbitrator in an international commercial arbitration, the Supreme Court or the person or institution designated by that Court may appoint an arbitrator of a nationality other than the nationalities of the parties where the parties belong to different nationalities.
Sub-section (10). The Supreme Court or, as the case may be, the High Court may make such scheme as it may deem appropriate for dealing with matters entrusted to it by sub-section (4), (5) or (6). No scheme is printed in the text consulted.
Sub-section (11). Where more than one request has been made under sub-section (4), (5) or (6) to different High Courts or their designates, the High Court or its designate to whom the request has been first made shall alone be competent to decide on the request.
Sub-section (12). This sub-section tells you which Court the earlier sub-sections mean.
| Kind of arbitration | "Supreme Court or, as the case may be, the High Court" in sub-sections (4), (5), (6), (7), (8) and (10) means |
|---|---|
| International commercial arbitration (clause (a)) | The Supreme Court |
| Any other arbitration (clause (b)) | The High Court within whose local limits the principal Civil Court referred to in section 2(1)(e) is situate; where the High Court itself is the Court referred to in that clause, that High Court |
"International commercial arbitration" and "Court" are defined in section 2.
Sub-sections (13) and (14): time and fees
Sub-section (13). An application under section 11 for appointment of an arbitrator or arbitrators shall be disposed of as expeditiously as possible, and an endeavour shall be made to dispose of the matter within a period of sixty days from the date of service of notice on the opposite party.
Sub-section (14). For determining the fees of the arbitral tribunal and the manner of payment, the High Court may frame such rules as may be necessary, after taking into consideration the rates specified in the Fourth Schedule. The Explanation says the sub-section does not apply to international commercial arbitration, nor to other arbitrations where the parties have agreed that fees be determined as per the rules of an arbitral institution. The rates are in the Fourth Schedule. No High Court rules are printed in the text consulted.
What the footnotes show
| Provision | Footnote as printed |
|---|---|
| Authority named in (4), (5), (6) | Subs. by Act 3 of 2016, s. 6, for "the Chief Justice or any person or institution designated by him" (w.e.f. 23-10-2015) |
| (6A), (6B) | Ins. by s. 6, ibid. (w.e.f. 23-10-2015) |
| (7), closing words | Subs. by s. 6, ibid. (w.e.f. 23-10-2015) |
| (8), (10), (12) | Each substituted by s. 6, ibid. (w.e.f. 23-10-2015) |
| (9), (11), words naming the authority | Subs. by s. 6, ibid. (w.e.f. 23-10-2015) |
| (13), (14) | Ins. by s. 6, ibid. (w.e.f. 23-10-2015) |
Printing points in the text
- Sub-section (4) ends with a semicolon after the words naming the authority.
- Sub-section (11) still opens with the words "to the Chief Justices of different High Courts or their designates" before the substituted words "different High Courts or their designates", so the phrase appears twice.
- Sub-section (9) names only the Supreme Court or its designate, and sub-section (12) does not list sub-section (9).
- Sub-section (13) prints "as the case maybe".
- The footnote to sub-section (9) quotes the old words as "the Chief Justice of India of India".
These are noted as printed; none is corrected here.
An example
Narmada Engineering and Doab Castings have a clause for three arbitrators and no appointment procedure. Narmada appoints its arbitrator and sends Doab a written request to appoint one. Doab does nothing. Once thirty days from Doab's receipt of the request have passed, section 11(4)(a) lets Narmada request the High Court named by section 11(12)(b), or its designate, to make the appointment. Under section 11(6A) the examination is confined to the existence of the arbitration agreement.
Common mistakes
- Counting the thirty days from the date the request was sent, when section 11(4)(a) and (5) count from receipt. Section 3 says when a written communication is deemed received.
- Skipping a fall-back step in the agreed procedure before making a request under sub-section (6).
- Proposing an arbitrator who falls within the Seventh Schedule, which section 12(5) makes a ground of ineligibility.
Need help with an appointment?
A request under section 11 turns on dates and on the arbitration agreement itself. Our legal dispute resolution service prepares the request to appoint, tracks the thirty-day period and, where needed, the application under section 11.
Key takeaways
- Parties may agree the appointment procedure (section 11(2)); section 11(3) supplies the default for three arbitrators.
- Thirty days is the period in section 11(4) and (5); section 11(6) prints none.
- The request goes to the Supreme Court in an international commercial arbitration and to the High Court in any other arbitration (section 11(12)), or to their designate.
- The examination is confined to the existence of an arbitration agreement (section 11(6A)).
- The decision is final (section 11(7)); sixty days is an endeavour, as printed (section 11(13)).
Read next
- Section 12: grounds for challenge and disclosure by the arbitrator
- Sections 14 and 15: termination of mandate and substitute arbitrator
- Seventh Schedule: relationships that make a person ineligible
- Applications under sections 9, 11 and 34: what the Act requires
Disclaimer: Based on the India Code consolidated text of the Arbitration and Conciliation Act, 1996, whose footnotes show amendments up to Act 3 of 2021 and a latest date of 12 October 2023, as consulted on 2 October 2026. Rules, regulations and notifications under the Act, later amendments and the commencement of the Mediation Act, 2023 should be checked. This article is general information, not legal advice; check the official text before acting.