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WHO MAY BE APPOINTED
A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. In case of an international commercial arbitration, where the parties belong to different nationalities, the Chief Justice of India may appoint an arbitrator of a nationality other than that of the parties.
NUMBER OF ARBITRATORS
The reference may be made either to a single arbitrator or a panel of odd number (i.e. 3, 5,7, etc.) of arbitrators. The parties are free to fix the number of arbitrators by agreement. If there is no agreement, the reference shall be made to a sole arbitrator.
GROUNDS FOR CHALLENGING APPOINTMENT
The appointment of an arbitrator may be challenged if
- circumstances exist that give rise to justifiable doubts as to his independence or impartiality or
- he does not posses the qualifications agreed to by the parties.
PLACE OF ARBITRATION
The parties are free to agree on the place of arbitration and failing an agreement to do so the place shall be determined by the arbitral tribunal having regard to the circumstances of the case and convenience of the parties.
WHO MAY REFER TO ARBITRATION?
An arbitration agreement is a contract and thus, any party to such an agreement must have the capacity to contract. |
