Stuck at the Starting Line: When the Other Side Won’t Appoint an Arbitrator

In an ideal world, disputes progress when both parties cooperate in initiating arbitration. But in practice, many respondents (especially larger companies) dodge appointment of an arbitrator to delay proceedings - hoping time will wear the smaller party out.

Section 11 of the Arbitration and Conciliation Act provides a remedy. When one party fails to appoint within 30 days of receiving a valid notice invoking arbitration, the aggrieved party can approach the High Court or Supreme Court to directly appoint an arbitrator.

We’ve seen this play out repeatedly in commercial disputes - especially with SMEs, content creators, and founders dealing with larger vendors or ex-cofounders.

Real Patterns Observed:

1. Delay as Strategy

Bigger entities often ignore notices, knowing the clock can run down motivation and resources.

2. When Section 11 Works

Once 30 days elapse after notice, the petitioner can seek direct appointment through court.

3. Court’s Narrow Review

Courts don’t need to decide the validity of the full dispute - only whether there is an arbitration agreement and notice served.

4. Avoiding Section 11 Mistakes

Many founders falter by:

• Sending incomplete or vague notices.

• Not documenting service of notice properly.

• Delaying the Section 11 application for months.

Practical Takeaways:

• Draft airtight notices with defined timelines.

• Send notices via both email and physical service, and document everything.

• Move swiftly post 30 days. Time is leverage.

Section 11 isn’t just legal housekeeping.It’s your gateway to enforcing your rights.