The Supreme Court on Section 11(6) of the Arbitration and Conciliation Act

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“The Supreme Court has observed that the High Court, while dealing with an application under Section 11(6) of the Arbitration and Conciliation Act, seeking appointment of an ‘independent Arbitrator’, should first resort to the mechanism in appointment of an arbitrator as per the terms of contract as agreed by the parties”

As per the section 11(6) under arbitration and conciliation act , under which an appointment agreement or procedure agreed upon by the parties or as per there mutual consent: a party fail to act as in the  required manner, under that procedure or manner or if the two appointed arbitrators to reach an agreement expected of them under that procedure.

A person, including an institution, fails to perform any function or action  entrusted to him or it under that procedure or a party may request the Chief Justice or any person or institution designated by him to take the necessary measures or remedies, unless the agreement on the appointment procedure provides other means for securing the appointment or  another way to do so .

So as per my views and opinions, I will go with this act and respect the decision of the supreme court because of the basic definition of the arbitration that is a mutual settlement between the parties by their mutual consent without any conflict and issues. There must be no question of partiality and selfishness and must apply to all the arbitral proceedings which can be commenced and acted as per the provisions of this section or unless the parties agree to do so .


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