Arbitrator appointment delay under section 11(6) lets the Chief Justice directly appoint despite a later belated nomination.

Where the appointing authority fails to appoint an arbitrator within a reasonable time after a valid request, the aggrieved party may approach the Chief Justice or his designate under section 11(6) of the Arbitration and Conciliation Act, 1996. The absence of an express statutory time limit does not prevent that recourse, and the Chief Justice or designate may directly appoint an independent and impartial arbitrator. A later appointment made by the defaulting authority after the application is filed does not displace that power and is ineffective.

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Issues: Whether, on failure of the appointing authority to appoint an arbitrator within a reasonable time after a request for arbitration, the Chief Justice or his designate could himself appoint the arbitrator under section 11(6) of the Arbitration and Conciliation Act, 1996, and whether a later appointment made by the appointing authority would defeat the application.

Analysis: The request for appointment of an arbitrator was made and no appointment followed within 30 days. The Court held that the absence of an express time limit in section 11(6) does not bar the aggrieved party from approaching the Chief Justice once the appointing authority fails to act within a reasonable time. It further held that, in such a situation, the Chief Justice or his designate is empowered to make the appointment directly, having regard to the need for an independent and impartial arbitrator. A purported appointment made after the filing of the application was treated as ineffective.

Conclusion: The Chief Justice was competent to appoint the arbitrator himself, and the belated appointment by the appointing authority was non est.

Ratio Decidendi: Under section 11(6) of the Arbitration and Conciliation Act, 1996, where the appointing authority fails to act within a reasonable time after a valid request, the Chief Justice or his designate may directly appoint the arbitrator, and any subsequent appointment by the defaulting authority does not displace that power.

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