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    <title>2002 (10) TMI 707 - Supreme Court</title>
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    <description>Section 11(3) of the Arbitration and Conciliation Act, 1996 requires only that the third arbitrator be appointed by the two appointed arbitrators; it does not impose a mandatory requirement of a written appointment, a joint physical meeting, or prior notice to the parties. Consultation by correspondence or electronic communication is sufficient if the appointment is actually made and communicated. A further objection based on an alleged mistake that the presiding arbitrator had to be a non-Indian was rejected, because choosing a foreign national was treated as a lawful preference rather than a legal error. Any challenge to the tribunal&#039;s constitution could in any event be raised before the arbitral tribunal under section 16.</description>
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