The Nature of Function Discharged by the Court in Appointing the Arbitrator: Judicial or Administrative?

The Arbitration and Conciliation Act 1996 is a comprehensive Act which has both the substantive as well as procedural law embedded within it. The process of arbitration initiates with one party invoking the arbitration clause and sending the notice of the same to the opposite party. The most important aspect of the arbitration lies in its very initiation i.e. appointment of the arbitrator. It is well known that the parties are supposed to appoint the arbitrator with mutual consensus. But in case of any dispute regarding the same, the aggrieved party requests the court to appoint the arbitrator. It is noteworthy that the process of appointment of the arbitrator has been evolving with time. This article provides an elaborate explanation of the evolution of the process of appointment of the arbitrator with time along with supported reportable case judgments in general. In particular, this paper analyses the nature of the function discharged by the court in appointing the arbitrator. Whether discharge of such function by the court amounts to administrative or judicial function. This article is a voyage in legal pathway which begins with the enactment of the 1996 Act, further dealing with the amended Act of 2015 and ends with the settled position of law in appointment of the arbitrator by the court in the present day. This article further critically analyses the positions of law over time in regard to appointment of the arbitrator by court.