Civil

Application under Section 11(6) of the Arbitration Act for Appointment of Arbitrator

An application under Section 11(6) of the Arbitration and Conciliation Act, 1996 is a petition filed to request the court to appoint an arbitrator when the opposing party has failed to do so as per the agreed procedure. It is the primary judicial remedy for constituting an arbitral tribunal when the appointment mechanism breaks down.

This petition is filed before the High Court with ordinary original civil jurisdiction or the Supreme Court for international commercial arbitrations. The court's examination is confined strictly to the existence of the arbitration agreement, as mandated by Section 11(6A) of the Act.

Draft this in LexPilot — freeHow AI drafting works
Governing law
Arbitration and Conciliation Act 1996 (as amended by Act 3 of 2016 and Act 33 of 2019)
Sections
s. Section 11(4)s. Section 11(5)s. Section 11(6)s. Section 11(6A)s. Section 21s. Section 2(1)(e)
Filed before
High Court (Ordinary Original Civil Jurisdiction) / Supreme Court of India (for international commercial arbitration)

When this is the right filing

  • When a party fails to appoint an arbitrator within 30 days of receiving a valid request under Section 21 of the Act.
  • When the two appointed arbitrators fail to agree on the presiding arbitrator within 30 days of their appointment.
  • When a person or institution fails to perform any function entrusted under the agreed appointment procedure.
  • When the agreed appointment procedure has broken down and the parties cannot constitute the tribunal.
  • Do not use this petition to challenge the merits of the underlying dispute, limitation of the claim, or stamping issues; those are reserved for the arbitral tribunal.

What the court looks for

  • Clear proof of the existence of a valid, written arbitration agreement between the parties.
  • Evidence that a notice invoking arbitration under Section 21 was served on the respondent.
  • Proof that the mandatory 30-day waiting period from the respondent's receipt of the Section 21 notice has fully elapsed.
  • A verbatim reproduction of the arbitration clause and the invocation notice in the pleadings.
  • Confirmation that the petition is filed in the correct court with jurisdiction over the seat of arbitration.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Ordinary original civil jurisdiction
  2. 2Facts
  3. 3Grounds
  4. 4Prayer
  5. 5Affidavit in support
  6. 6Index / annexures
How it opens
1. That the Petitioner [petitioner relation] with Respondent No. 1 dated [agreement date] (hereinafter referred to as the "Agreement"), for [agreement subject]. A true copy of the Agreement is annexed hereto as Annexure P-1.

Bracketed items are filled from your case.

Frequently asked questions

What is the scope of the court's inquiry in a Section 11(6) petition?

Under Section 11(6A), the court's examination is confined to the existence of the arbitration agreement. The court will not examine the merits of the claim, limitation, accord and satisfaction, or stamping disputes. These matters are reserved for the arbitral tribunal.

Can a Section 11(6) petition be filed immediately after sending the invocation notice?

No. A petition cannot be filed before 30 days have elapsed from the respondent's receipt of the Section 21 notice. The petition must plead the precise date on which the 30-day period expired and the respondent's failure to appoint.

Which court has jurisdiction to hear a Section 11(6) petition for a domestic arbitration?

For a domestic arbitration, the 'Court' under Section 2(1)(e) is the Principal Civil Court of original jurisdiction in the district. Where the seat is in a city with a High Court exercising ordinary original civil jurisdiction, such as Delhi, Bombay, Madras, or Calcutta, that High Court is the correct forum.

Draft this in LexPilot — free

Free trial · Drafting assistance, not legal advice — always verify before filing.

More civil formats

All civil formats →