Unit II · Alternate Dispute Resolution

Appointment, independence and unilateral nomination

Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.

Statute sections

Act / instrument	Section	Name
Arbitration and Conciliation Act, 1996	11	Appointment of arbitrators
Arbitration and Conciliation Act, 1996	12	Grounds for challenge
Arbitration and Conciliation Act, 1996	Sch. V–VII	Justifiable doubts as to independence and ineligibility

(2005) 8 SCC 618 · Supreme Court of India

The Chief Justice's power under section 11 was held to be judicial (later legislative amendments restored a primarily prima facie examination).

(2020) 20 SCC 760 · Supreme Court of India

A person who is interested in the outcome cannot unilaterally appoint the sole arbitrator; such a clause is ineligible in spirit of section 12(5).

(2017) 8 SCC 377 · Supreme Court of India

A person who is himself ineligible to act as arbitrator cannot nominate another arbitrator.