How are arbitrators selected? Do courts play a role?

 So far, the courts were involved if parties were unable to agree upon a sole arbitrator or if the parties appointed arbitrators failed to agree on a third arbitrator (and there was no party agreed mechanism in place to make the appointment). After the 2019 amendment to the Act, the courts are left with no role in the aforesaid situations. Instead, the Supreme Court is to designate an arbitral institution to make appointments in relation to international arbitrations and likewise, the High Courts are to designate arbitral institutions to make appointments in relation to domestic arbitrations. The appointments thus are to be made by the designated institutions (and not by the courts). The Act clarifies that there is no delegation of judicial power by the Supreme Court or High Courts to the arbitral institutions and hence (any challenge to an appointment would remain subject to any final order by the courts).

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