Sections 10 and 11A 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 10 lets the parties decide how many arbitrators will hear their dispute, with one limit: the number must not be even. If the parties do not decide, there is a sole arbitrator. Section 11A, a short provision inserted in 2015, lets the Central Government amend the Fourth Schedule by notification, subject to Parliament's oversight of a draft.
Under section 10(1), the parties are at liberty to determine the number of arbitrators, provided that the number is not an even number. Under section 10(2), if they do not determine it, the tribunal consists of a sole arbitrator. Under section 11A, the Central Government may amend the Fourth Schedule by notification once it is satisfied that it is necessary or expedient, after laying a draft before each House of Parliament for a total of thirty days. The Fourth Schedule itself has a separate article. This is as per the India Code consolidated text consulted.
Why the number matters
An odd number of arbitrators, such as one, three or five, avoids an even split of votes, while two or four can divide equally. Section 10 is short, but a badly drafted clause can cause trouble at the start of a dispute, for example a clause naming two arbitrators. Where that happens, arbitration support can help you plan how to deal with it. Our specimen arbitration agreement with two arbitrators and a common arbitrator is a drafting model to compare against your own clause.
In the India Code consolidated text, sections 10, 11 and 11A open Chapter III of Part I, "Composition of arbitral tribunal". Neither section 10 nor section 11A carries a printed State amendment.
Section 10(1): the parties choose, but not an even number
The parties are at liberty to determine the number of arbitrators, provided that the number is not an even number. In plain terms:
- The parties may fix the number in the arbitration clause or by later agreement. Section 2(6) adds that where Part I leaves the parties at liberty to determine an issue, that liberty includes the right to authorise any person, including an institution, to determine it; see section 2.
- The number must not be even. The text says so in a single proviso and gives no exception.
- The text does not say what follows if the parties name an even number. The consequence is outside the text consulted, and we say nothing more. Where the clause is unclear, check the official text and take advice.
Section 10(2): the sole arbitrator default
"Failing the determination referred to in sub-section (1), the arbitral tribunal shall consist of a sole arbitrator." If the clause is silent, and the parties have not agreed on a number later, there is one arbitrator.
| Case | Result under section 10 |
|---|---|
| Clause says three arbitrators | Three arbitrators |
| Clause says one arbitrator | One arbitrator |
| Clause says two arbitrators | An even number: not permitted by sub-section (1); the text says nothing more |
| Clause is silent | Sole arbitrator under sub-section (2) |
How this connects to appointment
Fixing the number is the first step; appointing the arbitrators is the second. Section 11 covers appointment and what happens if the procedure agreed by the parties fails. That is the subject of our post on section 11, and we do not re-explain it here. Section 12 then requires a disclosure from a person approached to act as arbitrator; see section 12. On the later question of a panel's decisions, see sections 28 and 29.
A worked example
Dutta Engineering and Narang Infra sign a works contract that says "disputes shall be decided by arbitration" and nothing more. They never agree on a number. Section 10(2) gives them a sole arbitrator. If the contract value is large and both would prefer three arbitrators, they should agree on three in writing before the process starts. If instead they had written "two arbitrators, one nominated by each party", the number is even, and the drafting should be corrected before a dispute arises, for instance by adding a presiding arbitrator.
Section 11A: power to amend the Fourth Schedule
Section 11A is printed with a footnote showing it as inserted by s. 7 of Act 3 of 2016, with effect from 23-10-2015.
- Sub-section (1). If the Central Government is satisfied that it is necessary or expedient, it may, by notification in the Official Gazette, amend the Fourth Schedule, and the Schedule "shall be deemed to have been amended accordingly".
- Sub-section (2). A copy of every notification proposed to be issued must be laid in draft before each House of Parliament, while in session, for a total period of thirty days, which may be in one session or two or more successive sessions. If, before the expiry of the session immediately following, both Houses agree in disapproving the issue of the notification, or agree in making any modification, the notification shall not be issued or shall be issued only in the modified form agreed by both Houses.
Where the Fourth Schedule comes in
The Schedule itself is set out in our article on the Fourth Schedule, and nothing of its contents is repeated here. Within sections 1 to 36 it is named in one other place, section 11(14). As the text consulted prints that sub-section, "For the purpose of determination of the fees of the arbitral tribunal and the manner of its payment to the arbitral tribunal, the High Court may frame such rules as may be necessary, after taking into consideration the rates specified in the Fourth Schedule." An Explanation adds that the sub-section shall not apply to international commercial arbitration, nor to other arbitrations where the parties have agreed for determination of fees as per the rules of an arbitral institution. The footnote shows sub-sections (13) and (14) as inserted by s. 6 of Act 3 of 2016, with effect from 23-10-2015. No High Court rules are in the text consulted, and this article gives no rate and no fee scale. Because section 11A allows the Schedule to be amended by notification, any figure you see elsewhere should be checked against the official, current Schedule; later amendments to these sections should be checked as well.
For the procedure on appointment, read our post on section 11. Beyond sub-section (14), section 11 is not quoted in this article.
Practical drafting points
- Name the number in the clause: "a sole arbitrator" or "three arbitrators", and never an even number.
- If three, state how each side nominates and how the presiding arbitrator is chosen. See our arbitration clause draft for commercial contracts.
- If you intend to refer to institutional rules or fee schedules, refer to the document by name and check the current version, since section 11A shows the Fourth Schedule can change by notification.
- Keep the clause consistent with any statutory arbitration; see section 2(4) in section 2.
Need help with drafting the arbitrator clause?
The number of arbitrators, the way they are named and the seat should all be settled before a dispute arises. Our arbitration support team can review your clause with you and suggest wording that follows section 10.
Key takeaways
- The parties choose the number of arbitrators, but not an even number.
- If the parties do not determine the number, there is a sole arbitrator.
- Section 11A lets the Central Government amend the Fourth Schedule by notification after a draft is laid before Parliament for thirty days in total.
- Section 11(14), as printed, lets the High Court frame rules on tribunal fees after considering the rates in the Fourth Schedule; no fee or rate is stated here.
- Section 11 on appointment has its own post.
Read next
- Section 12: grounds for challenge and disclosure by the arbitrator
- Sections 28 and 29: substantive law and decision by panel
- Appointment of arbitrator: section 11
- Referral courts under section 11 and the limits of judicial intervention
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.