Under the Arbitration and Conciliation Act, 1996, a party can ask the High Court to appoint an arbitrator under Section 11 in a domestic arbitration, ask the court for interim measures under Section 9, and challenge an award under Section 34 within three months, extendable by up to 30 days. The court that hears these applications is defined in the Act.
- Category
- Civil Proceedings
- Court or forum
- High Court, Trial and subordinate courts
- Type of content
- General information, not legal advice
- Last updated
Purpose and background
Arbitration is a private method of resolving disputes under an agreement between the parties. The court's role is limited and is set out in the Act: it can appoint an arbitrator when the parties cannot agree, order interim measures to protect the subject matter, and examine an award on the limited grounds in Section 34.
A challenge under Section 34 is not an appeal on the merits. The court examines whether one of the grounds in the Act is made out, such as incapacity, absence of proper notice, or conflict with the public policy of India.
Jurisdiction: where is it filed?
Applications under Section 11 for appointment in a domestic arbitration are made to the High Court, or to the person or institution it designates. Applications under Sections 9 and 34 are made to the court defined in Section 2(1)(e): the principal civil court of original jurisdiction in the district, or a High Court exercising ordinary original civil jurisdiction. Commercial disputes of the specified value go to the Commercial Court or the Commercial Division. Appeals from these orders are listed in Section 37.
Procedural stages
- Read the arbitration clause and collect the contract and correspondence.
- Serve a notice invoking arbitration on the other party (Section 21) and propose or request the appointment of an arbitrator.
- If the parties cannot agree on the appointment, file an application under Section 11 in the High Court.
- If property or money is at risk before the award, apply for interim measures under Section 9.
- After the award, any party may apply to set it aside under Section 34 within the time the Act allows, or enforce it under Section 36.
- Orders under these provisions can be taken in appeal as Section 37 allows.
Documents commonly required
- Arbitration agreement or clause
- Notice invoking arbitration and the reply
- Contract, invoices and correspondence
- The arbitral award, in an application under Section 34
- Affidavit and the application with annexures
- Authority or vakalatnama
Limitation and timing
An application to set aside an award under Section 34 must be made within three months from receipt of the award. The court may extend that by up to 30 days if there was sufficient cause, but not beyond. Verify the dates carefully.
Common questions
What is the time limit for challenging an arbitral award?
Under Section 34(3) of the Arbitration and Conciliation Act, 1996, an application to set aside an award must be made within three months from the date the party received the award. The court can allow a further period of up to 30 days if the party shows sufficient cause, and no more.
Can a court re-examine the merits of an arbitral award?
Not in an application under Section 34. The court looks only at the grounds listed in the Act. It does not sit in appeal over the arbitrator's findings.
Which court appoints an arbitrator?
In a domestic arbitration the High Court, or a person or institution it has designated, hears an application under Section 11 when the parties cannot agree on an arbitrator. For international commercial arbitration the Supreme Court or its designate does so.
Official references
- India Code, for the text of Central Acts
- Supreme Court of India
- Official website and rules of the High Court concerned
- How to find the right High Court