When Mandate Of Arbitrator Is Terminated U/S 15 Of Arbitration Act, New Arbitrator Can't Be Appointed By Court U/S 11(6) Of Act: Telangana HC

The Telangana High Court has clarified the procedure for the appointment of a substitute arbitrator. The court ruled that once the mandate of an arbitrator is terminated under the grounds specified in Section 15 of the Arbitration and Conciliation Act (e.g., due to withdrawal or by agreement of the parties), a new arbitrator must be appointed according to the same rules that were applied to the appointment of the original arbitrator. The court held that it cannot directly appoint a new arbitrator under Section 11(6) of the Act in such a scenario. Section 11(6) is meant for situations where the parties fail to agree on an arbitrator at the outset. This judgment ensures that the autonomy of the parties in the appointment process is respected even when a substitute arbitrator is needed.