Arbitrators to a dispute between the parties can be either appointed by the parties or by the court or by the Arbitration Centre. The appointment should be done as per the procedure prescribed in the arbitration clause of the contract. When parties are not able to jointly take a decision to appoint the arbitrator they need to approach either the High court having jurisdiction over the dispute or to IDAC India seeking to appoint an arbitrator. The courts in India take one to five years for completing the appointment of arbitrator whereas IDAC India completes the entire procedure including the conflict check within 30 days from the date of receipt of the request for appointment of an arbitrator.
The parties have the right to choose their own arbitrator or panel of arbitrators, who will decide their dispute. But such a decision should be, as per the appointment procedure specified in the arbitration clause of the contract between the parties. The said arbitrators selected by the parties also shall follow the arbitration procedure prescribed in the IDAC India Rules. The arbitrator fee is also paid only, as per the rules.
In cases where the arbitration clause provides for an appointment by the centre, IDAC India will appoint the arbitrator. In cases where even though parties have not expressly stated in the arbitration clause that IDAC would appoint the arbitrator, if parties choose IDAC arbitration Rules, then IDAC India gets the power to appoint the arbitrator as per the Rules. Centre carefully examines the nature of the case, qualifications if any specified by the parties, geographic location of the arbitrator, technical aspects involved in the subject matter etc., and then make the appointment, from the panel of arbitrators.
IDAC India has a panel of arbitrators who are either having substantial experience in the field of arbitration or sufficiently trained in arbitrations. IDAC India has its own mechanism to check their credentials, impartiality and educational back ground. The Panel of arbitrators of IDAC India includes arbitration experts, domain experts, and former judges from about thirty countries of the world. While appointing arbitrators in International arbitration matters, the centre gives opportunity to people with expertise in substantive law chosen by the party and who are trained and recognised by Chartered Institute of Arbitrators, UK or Association of International Arbitration Belgium.
Even in cases where parties have the right to appoint arbitrators, can seek the assistance of the centre in selecting the arbitrators. The centre will provide details about five most suitable arbitrators in the opinion of the registrar, to the parties and parties can choose their arbitrator and inform the centre.
Once arbitrators are selected by parties, the centre seeks the arbitrators to declare their impartiality and disclose any issue or relationship (direct or indirect) with any one of the parties or counsels. If any of those arbitrators have disclosed some information that information shall be promptly shared with the parties by the centre. If any party has any objection (on the basis of the information provided by the centre or otherwise) the said party can raise the objection to the appointment of arbitrator, in writing within 10 days from the date of receipt of that information the centre shall take a decision. The decision of IDAC India shall be final and binding on the parties.