Q: Is the order of appointment of arbitrators under Section 11 judicial or administrative?
Ans: Earlier, the order of appointment under Section 11 was considered as a judicial one and not administrative. It was also upheld as judicial in nature in the case of S.B.P. & Co. v. Patel Engineering Ltd, (2005). With the 2019 Amendment Act, the order of appointment of arbitrators has become an administrative one due to the institutionalisation of arbitration.
Comments
Post a Comment