Appointment of Arbitrators: Nebulous Contours of Section 11 of the Indian Arbitration and Conciliation Act 1996

The law in respect of the appointment of an arbitrator under section 11 of the Indian Arbitration and Conciliation Act 1996 has undergone transformation: starting from the judgment in Konkan Railway Corporation Limited v. Mehul Construction Co., rendered in the year 2000, to the landmark judgment in Vidya Drolia & Ors. Durga Trading Corporation passed in the year 2021. The scope of section 11 has been in a constant state of flux, where it has been expanded on certain occasions and restricted on other occasions, with the courts attempting to find a solution to the conundrum, ‘Who decides’. While the courts have recognized that there should be minimum interference by the courts at the pre-constitution stage and the intention is to gravitate the parties towards arbitration, it has also been the opinion of the courts that it should not be a mere ministerial function. The article explores the change in the approach of courts in dealing with a petition for an appointment of an arbitrator and the manner in which the Supreme Court has attempted to arrive at a middle path.