In an arbitration between two parties before an arbitration appointed by the Chief Justice of the High Court (in exercise of powers under Section 11 of the Arbitration & Conciliation Act, 1996), the rival parties have filed claims against each other. When the arbitration was at an advanced stage, the parties are of the opinion that the arbitrator is likely to reject the claims/counter claims of both the parties. The parties jointly inform the arbitrator that they are not willing for arbitration before him and stop appearing before him. The parties thereafter:

Option A: Are entitled to appoint another arbitrator and to start arbitration proceedings de novo

Option B: Are not entitled to a second round, the same being in contravention of public policy prohibiting forum shopping

Option C: Are entitled to appoint another arbitrator but the discretion whether to commence the arbitration proceedings de novo or from the stage where left by the earlier arbitrator is of the Arbitrator and not of the parties

Option D: Cannot themselves appoint the second arbitrator and are re- quired to again approach the Chief Justice for appointment of another arbitrator

Correct Answer

Option: a

Explanation

The parties to an arbitration can agree to any terms and are entitled to appoint another arbitrator and can restart the arbitration proceedings any number of times.

Sample Mock Tests for Practice

DELHI LOWER JUDICIARY 2010

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 06 Q. NO. 201 TO 240)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 05 Q.NO. 161 TO 200)

GUJRAT LOWER JUDICIAL SERVICES 2019

UTTARAKHAND LOWER JUDICIAL SERVICES 2018

RAJASTHAN LOWER JUDICIAL SERVICES 2019

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2014

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 01 Q. NO. 1 TO 40)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 04 Q. NO. 106 TO 140)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 04 Q.NO. 121 TO 160)

CLAT 2021

THE HIMACHAL PRADESH COURTS ACT, 1976 (PAPER 01 Q. NO. 1 TO 23)

THE COMPANIES ACT, 1956 (PAPER 01 Q. NO. 1 TO 19)

MAHARASHTRA LOWER JUDICIAL SERVICES 2022

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 02 Q. NO. 31 TO 60)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 03 Q.NO. 81 TO 120)

AILET – National Law University Delhi Entrance Test (NLU 2014)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 07 Q. NO. 241 TO 280)

CLAT 2023

THE CONSTITUTION OF INDIA, 1949 (PAPER – 18 Q. NO. 596 TO 623)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 12 Q. NO. 441 TO 480)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 04 Q. NO. 106 TO 140)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 14 Q. NO. 521 TO 560)

THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (PAPER 01 Q. NO. 1 TO 30)

THE MADHYA PRADESH ACCOMODATION CONTROL ACT, 1961 (PAPER 02 Q. NO. 31 TO 49)

THE SPECIAL MARRIAGE ACT, 1954 (PAPER 01 Q. NO. 1 TO 10)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 17 Q. NO. 641 TO 680)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 06 Q. NO. 176 TO 210)

AILET – National Law University Delhi Entrance Test (NLU 2013)

AILET – National Law University Delhi Entrance Test (NLU 2021)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 11 Q. NO. 351 TO 385)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 12 Q. NO. 441 TO 480)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 15 Q. NO. 491 TO 525)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 17 Q. NO. 561 TO 595)

MAHARASHTRA LOWER JUDICIAL SERVICES 2019

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 04 Q. NO. 121 TO 160)