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Head Note

The Arbitration and Conciliation Act, 1996  - Section 11 (5) , Section 2 (1)

Appointment of Arbitrator - Held that if the parties fail to agree to appoint an arbitrator within 30 days from the receipt of a request made by one party to the other, then and only then, Section 11 of the Act can be invoked seeking a direction at the hands of the High Court, to appoint an Arbitrator - As per Section 2(1)(a) of the Act the term "party" expressed in Section 11(5) of the Act is referable to a party to an arbitration agreement - Respondent had never approached the appellants requiring the appellants to agree to the appointment of an arbitrator, for the settlement of their monetary disputes - Held that it was not open to the High Court to invoke its jurisdiction under Section 11 of the Act, for nominating/appointing an arbitrator - Impugned order passed by the High Court liable to be set aside.

Topic(s)-Arbitration - Appointment of Arbitrator - Apointment by HC set aside