Section 11 of the Arbitration and Conciliation Act, 1996 provides for the appointment of arbitrators as per which the parties can appoint persons of any nationality as arbitrators unless otherwise agreed by the parties. It gives liberty to the parties to decide on the procedure for the appointment of the arbitrator(s). If the parties fail to decide on a procedure in case of 3 arbitrators then each party will appoint 1 arbitrator and these selected arbitrators will appoint the third arbitrator who shall act as the presiding arbitrator.
Section 11(6) provides that in case a party fails to act as required under the agreed procedure or that the parties or the 2 appointed arbitrators fail to reach an agreement expected of them under that procedure or a party (including an institution) fails to perform any function entrusted to him or it under that procedure, then a party may request the Chief Justice or any person or institution to take necessary measures.
The format of the Arbitration Petition will be as follows:
IN THE HIGH COURT OF DELHI AT NEW DELHI
ARBITRATION PETITION NO.
___ OF 2022
IN THE MATTER OF:
Party A
…APPLICANT
VERSUS
Party B…
RESPONDENT
INDEX I
| S.NO | PARTICULARS | PAGES |
| Notice of Motion | ||
| Urgent Application | ||
| Memo of Parties | ||
| List of Dates and Events | ||
| A petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 | ||
| Affidavit |
INDEX II
| S.NO | PARTICULARS | PAGES |
| Vakalatnama |
Through
Place
Date:
Name of Advocate:
IN THE HIGH COURT OF DELHI AT NEW DELHI
S.B. CIVIL ARBITRATION APPLICATION NO.
___ OF 2022
IN THE MATTER OF:
Party A
…APPLICANT
VERSUS
Party B
…RESPONDENT
APPLICATION UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 FOR DIRECTIONS OF THE HON’BLE COURT FOR APPOINTMENT OF A SOLE ARBITRATOR FOR RESOLUTION OF DISPUTES BETWEEN THE PARTIES.
TO,
THE HON’BLE CHIEF JUSTICE OF DELHI AND HIS LORDSHIPS OTHER COMPANION JUSTICES OF THE HIGH COURT OF DELHI AT NEW DELHI.
MAY IT PLEASE YOUR LORDSHIPS-
The humble Applicant submits the instant application before the Hon’ble Court as under-
FACTS:
- Facts detailing the background of the relationship between the parties and the nature of the contract.
- Nature of the dispute and causes of dispute.
- Mention the claims arising from such disputes.
- Mention the measures undertaken by the party to resolve the issue.
- Mention the arbitration clause which is being invoked.
- Mention the legal notice which was sent by the party to invoke arbitration and reply from their side, if any. These documents shall be annexed as Annexures to the petition.
- Mention the scenario because of which Section 11(6) application is being preferred.
DETAIL OF CLAIMS:
- Give a detailed analysis of the claims between the parties.
PRAYER
In view of the aforesaid facts and circumstances, it is humbly and most respectfully prayed that this Hon’ble Court may be pleased to-
- Appoint a Sole Arbitrator to decide and adjudicate upon the dispute between the Applicant and Respondent arising out of Contract name.
- Direct that the Sole Arbitrator so appointed with the seat at Delhi shall be entitled to receive the fee and other expenses in terms of statutory provisions in this regard.
- Any other order/direction that this Hon’ble Court may deem just and expedient in the facts and circumstances of the present case.
AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE APPLICANT HEREIN, AS IN DUTY BOUND SHALL EVER PRAY.
Dated:
Place: New Delhi
Applicant
Through Counsel
Name