1. Introduction to Sec 11 6 of Arbitration and Conciliation Act
Sec 11 6 of arbitration and conciliation act refers to Section 11(6) of the Arbitration and Conciliation Act, 1996 (India). This provision empowers the court to intervene in the appointment of arbitrators when the procedure agreed by the parties fails. Although arbitration is based on party autonomy, this section ensures that arbitration does not become ineffective due to delay, disagreement, or non-cooperation.
Understanding sec 11 6 of arbitration and conciliation act is essential because it provides a legal remedy when one party attempts to frustrate arbitration by blocking the constitution of the arbitral tribunal.
2. Purpose of Section 11(6)
The primary purpose of sec 11 6 of arbitration and conciliation act is to preserve the effectiveness of arbitration agreements.
The section aims to:
- Prevent obstruction of arbitration proceedings
- Ensure timely constitution of the arbitral tribunal
- Support enforcement of arbitration clauses
- Balance party autonomy with limited judicial assistance
It acts as a safeguard rather than routine court supervision.
3. Circumstances Triggering Section 11(6)
Sec 11 6 of arbitration and conciliation act becomes applicable when the agreed appointment procedure fails due to any of the following situations:
- A party fails to act as required under the agreed procedure
- Parties fail to reach an agreement on appointing the arbitrator
- A designated appointing authority fails to perform its function
Once such failure is established, the court’s jurisdiction can be invoked.
4. Nature of Court Power Under Section 11(6)
The power exercised by courts under sec 11 6 of arbitration and conciliation act is facilitative and limited.
The court’s role is confined to:
- Appointing an arbitrator or arbitrators
- Removing procedural deadlock
- Enabling arbitration to proceed
The court does not decide the merits of the dispute at this stage.
5. Scope of Judicial Examination
Under sec 11 6 of arbitration and conciliation act, the court conducts only a prima facie examination.
The court generally considers:
- Whether a valid arbitration agreement exists
- Whether the agreed appointment mechanism has failed
- Whether the dispute is arbitrable
Detailed jurisdictional or factual issues are left to the arbitral tribunal.
6. Relationship With Party Autonomy
Sec 11 6 of arbitration and conciliation act respects party autonomy by intervening only after the agreed procedure fails.
In effect:
- Party-agreed appointment procedures take precedence
- Court intervention is a last resort
- Arbitration remains fundamentally contract-based
This ensures that judicial involvement does not undermine consent.
7. Impact on Claimants
For claimants, sec 11 6 of arbitration and conciliation act provides an effective remedy against delay tactics.
Key benefits include:
- Ability to move arbitration forward
- Protection against respondent non-cooperation
- Assurance that arbitration will not be stalled indefinitely
It ensures access to arbitral justice.
8. Impact on Respondents
Respondents must approach sec 11 6 of arbitration and conciliation act carefully.
Implications include:
- Loss of influence over arbitrator selection if uncooperative
- Court-appointed arbitrators replacing party choice
- Reduced scope for procedural delay
Constructive participation is strategically important.
9. Independence and Impartiality of Arbitrators
Appointments made under sec 11 6 of arbitration and conciliation act remain subject to statutory requirements of independence and impartiality.
This ensures:
- Neutral tribunal constitution
- Compliance with eligibility and disclosure norms
- Fair adjudication despite court involvement
Judicial appointment does not dilute neutrality standards.
10. Procedural Requirements to Invoke Section 11(6)
To invoke sec 11 6 of arbitration and conciliation act, the applicant must usually demonstrate:
- Existence of a valid arbitration agreement
- Failure of the agreed appointment procedure
- Prior notice or attempt to appoint an arbitrator
Proper documentation strengthens the application.
11. Time Sensitivity and Delay
Although sec 11 6 of arbitration and conciliation act does not prescribe a strict limitation period, unreasonable delay may weaken the application.
Courts may consider:
- Conduct of the parties
- Length and explanation of delay
- Good faith efforts to follow the agreed procedure
Prompt action is always advisable.
12. Common Misunderstandings About Section 11(6)
Common misconceptions include:
- Belief that courts automatically appoint arbitrators
- Assuming courts examine merits of the dispute
- Confusing appointment power with supervisory jurisdiction
Sec 11 6 of arbitration and conciliation act is procedural, not adjudicatory.
13. Alignment With Minimal Court Intervention Principle
Sec 11 6 of arbitration and conciliation act aligns with the principle of minimal judicial intervention.
It:
- Assists arbitration rather than replacing it
- Limits court involvement to necessity
- Ensures arbitration agreements remain effective
This balance is central to modern arbitration law.
14. Risks of Ignoring Section 11(6)
Ignoring sec 11 6 of arbitration and conciliation act can lead to:
- Stalled arbitration proceedings
- Increased costs and uncertainty
- Loss of effective legal remedies
Inaction benefits only the obstructing party.
15. Long-Term Significance of Section 11(6)
Sec 11 6 of arbitration and conciliation act plays a crucial role in ensuring arbitration remains a practical and enforceable dispute resolution mechanism in India. By empowering courts to cure appointment failures, it prevents procedural abuse and strengthens confidence in arbitration agreements.
Frequently Asked Questions
What does sec 11 6 of arbitration and conciliation act deal with?
It allows courts to appoint arbitrators when the agreed appointment procedure fails.
Is court intervention automatic under section 11(6)?
No, it applies only when the appointment mechanism breaks down.
Does the court decide the dispute under section 11(6)?
No, the court only facilitates constitution of the tribunal.
Can a court-appointed arbitrator be challenged?
Yes, subject to statutory independence and eligibility rules.
Does delay affect a section 11(6) application?
Yes, unreasonable delay may weaken the request.
Why is section 11(6) important?
It prevents arbitration from being frustrated by non-cooperation.
Conclusion
Sec 11 6 of arbitration and conciliation act is a vital procedural safeguard that ensures arbitration agreements do not fail due to appointment deadlock. By permitting limited and supportive court intervention, it balances party autonomy with practical necessity and reinforces arbitration as an effective dispute resolution mechanism.