An arbitrator is a person appointed by mutual consent of the concerning parties to settle a controversial issue between them. The arbitrator is a tribunal chosen by the consent of the disputing parties.
Number of Arbitrator
The number of arbitrator is determined by the agreement between the parties. If the number of arbitrators is fixed in the agreement it is as per agreement. If it is not fixed the number of arbitrator of arbitration shall be three as determined by the Section 5(1) of the Arbitration Act.
Except otherwise is agreed in contrary, each concerned party will appoint one arbitrator and appointed arbitrators will appoint a third person as arbitrator.
There are two ways of appointing an arbitrator.
- By the concern parties: Each centered party will appoint one arbitrator and appointed arbitrator will appoint third person as arbitrator.
- By the court: In any of the following circumstances party to the agreement can file application in the appellate court for appointment.
- In case the arbitrator cannot be appointed in accordance with the provision prescribed in the agreement.
- in case nothing is prescribed in the agreement as regarded to the appointment of the arbitration.