Arbitrator appointment rights end on filing of a section 11(6) petition; later appointment is a nullity and an independent arbitrator follows.

Under the Arbitration and Conciliation Act, 1996, the respondent's contractual right to appoint an arbitrator continues until a section 11(6) application is filed, but it does not survive a petition already filed and served. A post-petition appointment is invalid and cannot cure the default. In that situation, section 11(8) requires the Court to secure the appointment of an independent and impartial arbitrator. The stated effect is that the petitioner was entitled to appointment under section 11(6), and the respondent's later appointment had no legal effect.

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Issues: Whether the respondents' appointment of an arbitrator after the filing and service of the petition under section 11(6) of the Arbitration and Conciliation Act, 1996 was valid, and whether the Court should appoint an independent arbitrator.

Analysis: The contractual arbitration clause vested the initial power of appointment in the respondent's authority, but that power had to be exercised before the party invoking arbitration approached the Court under section 11(6). The Court applied the principle that, where no time limit is specified, the opposite party's right to appoint does not lapse merely on the expiry of thirty days from the demand, but it continues only until the section 11 application is filed. Once the petition was filed and served, the later appointment made by the respondents could not cure the default. In such a situation, section 11(8) requires the Chief Justice or his designate to secure the appointment of an independent and impartial arbitrator.

Conclusion: The post-petition appointment was invalid and of no legal effect, and the petitioner was entitled to appointment of an arbitrator under section 11(6).

Ratio Decidendi: In proceedings under section 11(6), the respondent's right to appoint an arbitrator continues until the application is filed, but an appointment made thereafter is a nullity and the Court must appoint an independent and impartial arbitrator.

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