JKAC Act 11Chapter I · Part I

Section 11 · Appointment of arbitrators

(1)

A person of any nationality may be an arbitrator unless otherwise agreed by the parties.

(2)

Subject to sub-section (6) , the parties are free to agree on a procedure for appointing the arbitrator or arbitrators.

(3)

Failing any agreement referred to in sub-section (2) , in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator.

(4)

If the appointment procedure in sub-section (3) applies and-

(a)

a party fails to appoint an arbitrator within thirty days from the receipt of a request to do so from the other party;or

(b)

the two appointed arbitrators fail to agree on the third arbitrator within thirty days from the date of their appointment,

the appointment shall be made, upon request of a party, by the Chief Justice of the High Court or any person or institution designated by him.

(5)

Failing any agreement referred to in sub-section (2) , in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitration within thirty days from receipt of a request by one party from the other party to so agree the appointment shall be made, upon request of a party, by the Chief Justice of the High Court or any person or institution designated by him.

(6)

Where under an appointment procedure agreed upon by the parties,-

(a)

a party fails to act as required under that procedure; or

(b)

the parties, of the two appointed arbitrators, fail to reach an agreement expected of them under that procedure; or

(c)

a person, including an institution, fails to perform any function entrusted to him or it under that procedure;

a party may request the Chief Justice of the High Court or any person or institution designated by him to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.

(7)

A decision on a matter entrusted by sub-section (4) or sub-section (5) or sub-section (6) to the Chief Justice of the High Court or the person or institution designated by him is final.

(8)

The Chief Justice of the High Court or the person or institution designated by him, in appointing an arbitrator, shall have the regard to-

(a)

any qualification required of the arbitrator by the agreement of the parties;and

(b)

other considerations as are likely to secure the appointment of an independent and impartial arbitrator.

(9)

The Chief Justice of the High Court may make such scheme as he may deem appropriate for dealing with matters entrusted by sub-section (4) or sub-section (5) or sub-section (6) to him.

(10)

[ An application made under this section for appointment of an arbitrator or arbitrators shall be disposed of by the High Court or the person or institution designated by such Court, as the case may be, 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.] [Added by Act No. 18 of 2018, dated 1.10.2018.]

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