Appointment of a Sole Arbitrator on Default of the Other Party (India) by OLL
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Appointment of Sole Arbitrator on Default of Other Party
Whereas you had been appointed on ………..by me to act as an arbitrator under the agreement of reference dated…………(or the arbitration clause in deed, dated…………..)on my behalf;
and Whereas the other party viz.…………..had appointed Sri…………as his arbitrator;
and Whereas the other party has failed to appoint an arbitrator within 30 days from the receipt of request to do so from the other party;
Now pursuant to the power conferred on me by virtue of the provisions of Arbitration & Conciliation Act, 1996, and upon request of the party, I hereby appoint you to act as the sole arbitrator in the matters in dispute referred to you for arbitration.
Dated…………
(Sd.)……………….
This document is used to appoint a sole arbitrator when the opposing party has failed to designate their own arbitrator within the required 30-day period. It leverages the powers granted under the Indian Arbitration & Conciliation Act, 1996, to ensure the legal proceedings can move forward.
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About this template
What is this template?
This is a formal notice of appointment used to constitute an arbitral tribunal. It is not a court petition or a statement of claim, but a procedural step to empower a sole arbitrator after a default.
When should you use it?
Use this when your contract requires each party to appoint an arbitrator but the other side remains silent for over 30 days. Use an 'Application for Appointment of Arbitrator' if you prefer to have the Chief Justice or Court make the appointment instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Recital 1 | Reference to Agreement | Identifies the original agreement of reference or the specific arbitration clause in a deed that governs the dispute. |
| Recital 3 | Notice of Default | Records that the other party failed to appoint an arbitrator within 30 days of receiving a formal request. |
| Final Paragraph | Appointment of Sole Arbitrator | Invokes the Arbitration & Conciliation Act, 1996, to transition the previously appointed party-arbitrator into the role of sole arbitrator. |
Who it's for
- a party to a dispute in India where the counterparty has ignored a request to appoint an arbitrator for 30 days
How long it runs and how it's signed
Law it's drafted under
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