law: The Arbitration and Conciliation Act, 1996
  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 or any person or institution designated by him.
  1.  
  
  
  2.  
  
  
  3.  
  
  
  4.  
  
  
  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 arbitrator 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 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, or 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 him or it under that
  
  procedure, a party may request the Chief Justice or any person or institution
  
  designated by him take the necessary measure, unless the agreement on the
  
  appointment procedure provides other means for securing the appointment.
  1.  
  
  
  2.  
  
  
  3.  
  
  
  4.  
  
  
  5.  
  
  
  6.  
  
  
  7.  
  
    A
  
  decision on a matter entrusted by sub-section (4) or sub- section (5) or sub
  
  section (6) to the Chief Justice or the person or institution designated by him
  
  is final.
  8.  
  
    The
  
  Chief' Justice or the person or institution designated by him, in appointing
  
  arbitrator, shall have due regaled to-
  a.   any qualifications
  
  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.
  1.  
  
  
  2.  
  
  
  3.  
  
  
  4.  
  
  
  5.  
  
  
  6.  
  
  
  7.  
  
  
  8.  
  
  
  9.  
  
    In
  
  the case of appointment of sole or third arbitrator in an international
  
  commercial arbitration, the Chief Justice of India or the person or institution
  
  designated by him may appoint an arbitrator of a nationality other than the
  
  nationalities of the 7 parties where the parties belong to different
  
  nationalities.
  10.  
  
    The
  
  Chief Justice 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.
  11.  
  
    Where
  
  more than one request has been made under sub-section (4) or subsection (5) or
  
  sub-section (6) to the Chief Justices of different High Courts or their
  
  designates, the Chief Justice or his designate to whom the request has been
  
  first made under the relevant sub-section shall alone be competent to decide on
  
  the request.
  12.  
  
  
  a.   Where the matters
  
  referred to in sub-sections (4), (6), (7), (8) and (10) arise in an
  
  international commercial arbitration the reference to "Chief Justice"
  
  in those subsections shall he construed as a reference to the "Chief
  
  Justice of India."
  b.   Where the matters
  
  referred to in sub-sections (4), (5), (7), (8), and (10) arise in any other
  
  arbitration, the reference to "Chief Justice" in those sub-sections
  
  shall he construed as a reference to the Chief Justice of the High Court within
  
  whose local limits the principal Civil Court referred to in clause (e) of
  
  sub-section (1) of section 2 is situate and, where the High Court itself is the
  
  Court referred to in that clause, to the Chief justice of that High Court.