Comprehensive Guide to Filing an Arbitrator Appointment Petition under Section 11

### 1. Introduction Section 11 is one of the most frequently invoked provisions of the Arbitration and Conciliation Act, 1996. It empowers the High Court (for domestic arbitrations) or the Supreme Court (for international commercial arbitrations) to designate arbitral tribunals when the party agreed mechanism fails. ### 2. Pre-requisites Before Approaching Court - **Existence of Valid Arbitration Agreement:** In writing, covering the disputed subject matter. - **Issuance of Section 21 Notice:** Clear invocation demanding arbitration and proposing candidate names. - **30-Day Failure:** Failure of the counterparty to respond, agree, or concur within the statutory 30-day window. ### 3. Court's Scope of Examination Post the 2015 and 2019 amendments, the judicial enquiry at the Section 11 threshold is strictly prima facie—confined only to examining whether an arbitration agreement exists. Merits of the dispute, limitation claims (unless ex-facie time-barred), and evidentiary disputes are left for the arbitral tribunal.