In short. If the other side won't agree on an arbitrator, you can ask the court to appoint one. That's a Section 11 petition. It goes to the High Court, or to the Supreme Court if the arbitration is an international commercial one. You can file when 30 days pass after your notice with no nomination, when the agreed appointment method breaks down, or when the clause lets one side pick the arbitrator alone. Many petitions are decided within a few months. Check two things first. Did your notice actually reach them, and have 30 days gone by?
Is this your situation?
- You sent the arbitration notice six weeks ago. Since then, nothing. Or one line saying they won't agree to any name you suggest.
- The clause says their managing director picks the sole arbitrator, and he's gone and picked the company's own legal advisor.
- Your contract needs three arbitrators. You named yours in the notice. They still haven't named theirs.
- Both nominated arbitrators have been trading emails for weeks and can't settle on who should preside.
- The arbitrator written into the agreement has died, or retired, or turned the work down, or is now ineligible, and the other side won't talk about a replacement.
- A Section 11 petition has just been served on your company and you're not sure whether to fight it or go along.
When can you go to court under Section 11?
When there's an arbitration agreement and the agreed way of appointing the arbitrator has broken down. The Arbitration and Conciliation Act, 1996 gives three situations. Section 11(4) covers a three-member tribunal: one party doesn't appoint its arbitrator within 30 days of being asked, or the two appointed arbitrators can't agree on the third within 30 days of their own appointment. Section 11(5) covers a sole arbitrator, where the parties don't agree on a name within 30 days of one side's request. And Section 11(6) applies when there's an agreed procedure but somebody fails to act under it. That could be a party, the arbitrators, or the institution that was meant to appoint.
The court isn't taking over your dispute. It fills one gap. It names the arbitrator and steps aside, and the tribunal decides who's right. That's why a Section 11 petition is usually a short affair compared with a civil suit.
One condition runs through all three. You must have asked first. If you file without a valid notice invoking arbitration, or before the other side has received it, or before 30 days have run, expect the petition to be thrown out as premature.
The parts of Section 11 you'll actually use
Section 11(2) and (3)
The parties can agree on any appointment procedure they like. If they haven't, and the tribunal has three members, each side appoints one arbitrator and those two choose the presiding arbitrator.
Section 11(4), (5) and (6)
These are the three doors into court. A party doesn't nominate within 30 days. The parties can't agree on a sole arbitrator within 30 days. Or the agreed procedure fails.
Section 11(6A)
Tells the court to look only at whether an arbitration agreement exists. The 2019 amendment says this sub-section is to go, but that part hasn't been brought into force. Meanwhile the Supreme Court has kept applying the narrow test in its recent judgments.
Section 11(7)
Once the court appoints under sub-sections (4), (5) or (6), that decision is final. No appeal lies. That includes a Letters Patent Appeal.
Section 11(8)
Before it appoints anyone, the court has to get a written disclosure from the proposed arbitrator under Section 12(1), and it looks at any qualifications the parties agreed on. The idea is to put an independent, impartial person in the chair.
Section 11(12)
If the arbitration is an international commercial one, you go to the Supreme Court. Otherwise it's the High Court within whose limits the principal civil court under Section 2(1)(e) sits.
Section 11(13) and (14)
The court is meant to move fast. The Act asks it to try to decide within 60 days of serving notice on the other side. High Courts can also make rules on arbitrators' fees, keeping the Fourth Schedule in mind.
What has to be in place before you file
You need three things. First, a written arbitration agreement as Section 7 defines it. A clause in the contract will do. So will a separate agreement, or an exchange of letters or emails. Second, a notice invoking arbitration under Section 21 that sets out the disputes and asks the other side to agree on or appoint an arbitrator. Third, proof they got it, followed by 30 days with no valid appointment. Our guide to sending a Section 21 notice under your arbitration clause goes through drafting and service properly.
Most of the trouble starts with receipt. The Delhi High Court has said the Section 21 notice is mandatory before a Section 11 petition (Alupro Building Systems v. Ozone Overseas, 2017). It's also held that a notice sent to an incomplete address isn't good service (Indian Spinal Injuries Centre v. Galaxy India, 2024). So keep everything. Tracking reports, signed acknowledgments, email delivery records. You'll be filing them.
The other side's timing matters too. Under Datar Switchgear v. Tata Finance (2000), a party that misses the 30 days can still appoint right up to the day you file in court. Not after. If they make a valid appointment on day 35 and you haven't filed yet, you don't need the petition any more. An invalid appointment is a different story. Naming their own employee, for instance, leaves their default exactly where it was.
Where the clause hands the appointment to the other side's officer, Advocate B.K. Singh's practice is to say plainly in the notice that this one-sided mechanism can't operate, and to put forward independent names. Then the petition stands on a clear failure of the agreed procedure under Section 11(6). And the court isn't hearing the point for the first time.
When the court will step in and appoint
- They never replied. This is the usual one. Thirty days go by after they received your notice, and they haven't agreed on a name or appointed their own nominee.
- They say they won't arbitrate. Maybe the reply says they don't accept arbitration at all, or that your claims are false. That's a fight about the merits, and it doesn't block an appointment.
- They picked the arbitrator themselves. The clause lets their managing director or chief engineer appoint the sole arbitrator. Or they've appointed their own employee or advisor, or someone else barred by Section 12(5) and the Seventh Schedule. After TRF (2017), Perkins Eastman (2019) and the 2024 Constitution Bench decision in Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML, courts treat these appointments as invalid. We explain why a one-sided arbitrator appointment fails on a separate page.
- The two nominees are stuck. In a three-member tribunal, they haven't agreed on a presiding arbitrator within 30 days of their own appointment.
- The named person can't act. Whoever was written into the contract has died, refused, retired from the panel or become ineligible, and you and the other side can't agree on a replacement.
- The appointing body sits on it. The institution or authority named in the clause doesn't act in the time allowed. Sometimes it doesn't act at all.
When the court will say no
If the papers show no arbitration agreement between the parties in front of it, the court won't appoint. Say the clause sits in an unsigned draft nobody ever accepted. Or the petitioner is relying on a contract with a different company. The court will also refuse if the petition itself is out of time, which we come to below.
A petition is the wrong move, too, if the clause names an institution that's working and hasn't failed to act. You go to that institution under its own rules. If a valid tribunal already exists, the court won't create a second one. And Section 11 doesn't apply at all to arbitrations seated outside India, because it sits in Part I of the Act.
Registered micro and small suppliers should watch one thing. If you've already taken a delayed-payment dispute to the MSME Facilitation Council, the court usually won't entertain a separate petition on the same claims. The Supreme Court has held that the Council route under Section 18 of the MSMED Act overrides a private arbitration clause. The MSMED (Amendment) Act, 2026 changes parts of that procedure and wasn't fully notified as of late October 2026, so check where things stand before relying on either route. Our note on how the MSME Facilitation Council works has more.
How much does the court look into at this stage?
Very little. That's deliberate. In In re Interplay between Arbitration Agreements and the Indian Stamp Act (2023), a seven-judge bench of the Supreme Court said the referral court only checks, prima facie, whether an arbitration agreement exists. Stamp duty objections go to the tribunal. Then in SBI General Insurance v. Krish Spinning (2024), the Court said the referral court shouldn't run a detailed enquiry into whether the claims are time-barred, or whether a full and final discharge settled the dispute. The arbitrator decides those.
So the court's questions are few. Is there an arbitration agreement on record? Is it between these parties? Was a notice received, and did the procedure fail? Is the petition in time? Four yeses and it appoints. Objections on the merits, on the amount, or on whether a particular claim falls inside the clause stay open for the tribunal, which can rule on its own jurisdiction under Section 16.
Non-signatories get the same light touch. Suppose you want a group company that never signed the contract brought in. The court may let the reference go ahead and leave the final call to the tribunal. Our piece on when a non-signatory is bound by an arbitration clause covers it.
Which court do you file in?
In a domestic arbitration, it's the High Court within whose limits the principal civil court of the seat lies. If the seat is New Delhi, that's the Delhi High Court, whatever the claim is worth. Section 11 has no pecuniary limit. Even a Rs 10 lakh dispute goes to the High Court, not to Patiala House or Karkardooma. A seat in Noida or Ghaziabad takes you to the Allahabad High Court. Gurugram or Faridabad means the Punjab and Haryana High Court at Chandigarh.
International commercial arbitration works differently. If at least one party is a foreign national, a body corporate incorporated outside India, or an association or government of a foreign country, the petition goes to the Supreme Court under Section 11(12)(a).
Some clauses make this messy. They name a venue but no seat, or put the seat in one city and give exclusive jurisdiction to courts in another. Then you may face a preliminary fight over which High Court can hear you. Sort it out before filing. Our guide on the seat of arbitration and why it picks the court shows how judges read these clauses.
Filing a Section 11 petition in the Delhi High Court
Check the basics
Look at the arbitration agreement, the notice, the proof of receipt and the 30-day count. Work out the limitation date for the petition. If they've appointed someone, ask whether that appointment is valid.
Draft the petition
Set out who the parties are, the contract, the clause, a brief note of the disputes, the notice and how it was served, and what the other side said or didn't say. Then the relief: a sole arbitrator, or the defaulting party's nominee. Keep the merits short. The court won't decide them anyway.
Put the annexures and affidavit together
Attach the contract (or at least the pages carrying the arbitration clause), the notice, postal and email proof, any reply, and a list of dates. Add the supporting affidavit, the vakalatnama, and a board resolution or authority letter.
E-file it
Filing is electronic on the original side, and the matter is registered as an ARB.P. Pay the court fee and clear whatever objections the registry raises. There are usually a few. Where the court's practice requires it, serve an advance copy on the other side.
First listing and notice
On the first date, the court usually issues notice to the respondent, unless they've already turned up on advance service. If the respondent doesn't seriously oppose, many matters are disposed of at the first or second effective hearing.
Reply and arguments
If the respondent opposes, it files a short reply. The usual grounds are that no agreement exists or that the petition is time-barred. Arguments don't take long. The enquiry is narrow.
The appointment order
The court names an arbitrator, often a retired judge or a senior advocate, and frequently directs that the arbitration run under the Delhi International Arbitration Centre. The arbitrator then gives the Section 12 disclosure and enters upon the reference.
Time and costs at each stage
| Stage | Usual time | Costs apart from your lawyer's fee |
|---|---|---|
| Waiting after they receive your notice | 30 days | Nothing |
| Drafting and filing | 1 to 3 weeks | Court fee on the petition (check today's figure), affidavit and notary charges, printing or e-filing charges |
| First listing | Usually a few weeks after registry objections are cleared | Nothing beyond appearing |
| Service, reply and hearing | Anything from one hearing to a few months, depending on how hard they oppose | Process fee for service, certified copies of orders |
| Appointment order | Often 2 to 6 months from filing. The Act asks courts to try to decide within 60 days of notice to the respondent | Certified copy of the order |
| Disclosure and first sitting before the arbitrator | 2 to 6 weeks after the order | Arbitrators' fees on the DIAC schedule or fixed with reference to the Fourth Schedule, normally split equally, plus DIAC administrative charges where they apply |
Papers you'll need
The agreement
- The contract, work order or purchase order with the arbitration clause in it
- General conditions or standard terms, if that's where the clause sits
- The emails or letters that make up the agreement, if nothing was signed as one document
The notice, and proof it arrived
- Your Section 21 notice invoking arbitration
- Postal receipts, the tracking report, courier proof of delivery
- The stamped acknowledgment, if it went by hand
- The email with its delivery details, and any auto-reply you got back
What they said back
- Their reply, if any, with the envelope or the email it came in
- Any appointment they made, and your letter objecting to it
- Whatever letters went back and forth about pre-arbitration steps
Your own papers
- Board resolution or authority letter for whoever signs the affidavit
- Vakalatnama
- Supporting affidavit
- A short list of dates, and a summary of your claims with the figures
How long do you have to file?
The Arbitration Act doesn't set a period, so the residuary Article 137 of the Limitation Act, 1963 applies. That's three years. The Supreme Court confirmed in BSNL v. Nortel Networks (2021) that the Limitation Act governs Section 11 petitions. In Arif Azim v. Aptech (2024), it held that the three years start when the other side fails to comply with a valid notice invoking arbitration, which means after the 30 days are up. Say your notice was received on 1 March 2024 and nothing had happened by 31 March 2024. You'd want the petition filed well before March 2027.
People often mix up two separate questions. One is whether the petition is in time. The court checks that. The other is whether the claims themselves were in time when the arbitration began, and after Krish Spinning that's usually for the tribunal. But the court can still refuse to refer claims that are plainly dead on the face of the record. Don't treat the referral stage as a free pass.
A fresh notice on the same claims won't restart the three years for the petition. If your notice went out years ago and nothing came of it, take advice before you lean on it. Our guide on how limitation works for arbitration claims explains both clocks.
What the appointment order usually says
It's usually short. It records the arbitration clause, the notice and the failure to appoint. It says the court hasn't expressed any view on the merits. Then it names a person as sole arbitrator, or as the defaulting party's nominee in a three-member tribunal. The arbitrator is told to make the Section 12 disclosure before entering upon the reference, and every objection, limitation and arbitrability included, is kept open for the tribunal.
In Delhi, the order often sends the arbitration to the Delhi International Arbitration Centre, with fees under DIAC's schedule. When it doesn't, it may say fees will be fixed with reference to the Fourth Schedule of the Act, or leave them to be worked out with the arbitrator. Our sister site covers the Section 11 reference to DIAC, and also how the Delhi High Court goes about fixing arbitrator fees under the Fourth Schedule.
At Section 11 hearings, Advocate B.K. Singh keeps a one-page note ready with the claim value and any counterclaim we expect. It's a small habit. If the order records upfront whether fees follow the DIAC schedule or the Fourth Schedule, and on what sum, a very common fight over the tribunal's fees later on simply doesn't happen. And clients can plan for deposits from the first month.
Can the order be appealed?
Not in the normal way. Section 11(7) makes a decision appointing an arbitrator under sub-sections (4), (5) or (6) final. There's no appeal, not even a Letters Patent Appeal to a division bench. What's left is a special leave petition to the Supreme Court under Article 136, ordinarily within 90 days. The Supreme Court rarely disturbs appointment orders.
For most respondents, the smarter course is to take objections to the tribunal. Under Section 16, the arbitrator can rule on its own jurisdiction, including whether a valid agreement exists and whether a claim falls within it. If it rules it has no jurisdiction, that can be appealed under Section 37. If it rules it does, you can raise the point later in a Section 34 challenge to the award. If your problem is with the arbitrator as a person, challenge under Sections 12 and 13 within 15 days of learning the facts. See objecting to an arbitrator who isn't independent.
When the court refuses to appoint, the petitioner can also go to the Supreme Court by special leave petition. If the refusal was on something fixable, like defective service of the notice, it's usually simpler to fix it and file again within limitation.
If the petition has been filed against you
Start with the clause and the notice. If you accept there's an arbitration agreement, the practical step is often to agree to an appointment, or suggest names, at the first hearing. Courts generally prefer someone both sides can live with, and you keep a say in who decides your dispute. Long arguments on the merits rarely work here. They just burn time.
Fight only on what the court actually looks at. No arbitration agreement with you. Notice never received. The 30 days hadn't run. The petition is time-barred. Save your points on limitation of the claims, on settlement and on the merits for the tribunal. And start on your defence and any counterclaim now, because once appointed, the tribunal usually sets a tight timetable.
Mistakes that slow down or kill a Section 11 petition
- Filing before 30 days have run from receipt. It's premature, it may be dismissed, and you'll be refiling.
- No proof the notice arrived. Without it, the court can't find that anyone failed to appoint.
- Going to the wrong High Court. If the seat is in Gurugram or Noida, the Delhi High Court will usually say it has no jurisdiction.
- Arguing the merits at length. It doesn't help. It can also provoke a reply that turns a simple appointment into a contest.
- Ignoring a late appointment by the respondent. If they appointed someone before you filed, your petition has to deal with whether that appointment is valid.
- Leaning on an old notice. If the notice is nearly three years old, check limitation for the petition before you file.
- Not budgeting for fees. Deposits fall due soon after the arbitrator is appointed, and a claimant who can't pay them may watch the claim stall. Our page on what arbitration costs in India sets out the heads of cost.
An invented example: a three-arbitrator clause and a franchisor who went quiet
This one is made up. A spare parts dealer in Mayapuri has a five-year distribution agreement with a franchisor headquartered in Connaught Place. The clause calls for three arbitrators, one from each side and a presiding arbitrator chosen by those two. The seat is New Delhi. The franchisor ends the agreement early and keeps the Rs 40 lakh security deposit. The dealer wants the deposit back, plus the value of unsold stock and lost profit.
The dealer's Section 21 notice nominates a retired district judge and asks the franchisor to name its arbitrator within 30 days. It goes by hand and by email. Silence. On day 41, the dealer files a Section 11(4) petition in the Delhi High Court.
The franchisor shows up at the first hearing. Its argument is that the dealer signed a full and final settlement letter when the stock was taken back, so there's nothing left to arbitrate. The court says whether that letter discharged the claims is for the tribunal. It appoints a retired judge as the franchisor's nominee and tells the two arbitrators to pick the presiding arbitrator. About three months after filing, the tribunal is complete. The settlement letter will be tested on evidence in the arbitration. Again, these facts are invented, and a real case could go quite differently.
How this plays out for different kinds of business
- Contractors working for government departments and PSUs. Older contracts often let the department's own officer appoint the arbitrator. Since the 2024 Constitution Bench ruling, lots of these disputes come to court under Section 11, usually with panel counsel appearing for the department.
- Borrowers and lenders. Some NBFC loan and lease agreements give the lender sole power to appoint. A borrower who objects can go to court. A lender that wants an award to survive is better off agreeing on an independent arbitrator from day one.
- Startups and small firms. The petition isn't expensive. The arbitration after it is. Ask for a sole arbitrator, and if both sides are willing, think about fast track proceedings under Section 29B.
- Foreign parties. If either side is foreign, you're probably looking at an international commercial arbitration, and the petition goes to the Supreme Court rather than the High Court.
- MSMEs. Before you file, weigh Section 11 against a reference to the MSME Facilitation Council. The Council may cost you less, and statutory interest comes with it.
What to do this week
Dig out your notice invoking arbitration and the proof it was received, and write down the date 30 days later. If you never sent one, send it now. Check the seat in the clause, since that tells you which High Court. Then note the date three years from the failure to appoint. Put the documents listed above in one folder. For the wider picture of how we handle arbitration from notice to award, see our arbitration lawyer page.
If you'd like a view on whether your papers support a petition, or want to know how courts are applying the law right now, contact Advocate B.K. Singh through our contact page.
Frequently asked questions
Can I file a Section 11 petition without sending a notice invoking arbitration first?
Generally, no. Courts treat the notice and the 30 days as preconditions. The petition rests on the other side failing to answer a request, so without one it's likely to be dismissed as premature.
Can I file a Section 11 petition in a district court?
No. For domestic arbitrations it's the High Court. For international commercial arbitrations it's the Supreme Court. District courts do hear other arbitration matters, such as some Section 9 and Section 34 petitions, depending on value and jurisdiction.
Will the court appoint the arbitrator I named in my notice?
It might, if the other side agrees or doesn't object and the person is suitable and free. If not, the court chooses, often from its own list or through the Delhi International Arbitration Centre. You can suggest names at the hearing. The decision is still the court's.
Can the other side still appoint its arbitrator once I've filed?
No. The Supreme Court held in Datar Switchgear (2000) that the defaulting party loses its right to appoint once the Section 11 petition is filed. Before you file, it can still appoint, as long as the appointment is valid.
Will the court decide whether my claims are time-barred?
Usually not. It checks whether the petition is within three years. Whether the claims were in time when the arbitration began is normally for the arbitrator. A court can still refuse to refer claims that are plainly dead on the record, though.
Who pays the arbitrator the court appoints?
You and the other side, normally half each while the case runs. The order may say fees follow the DIAC schedule or are fixed with reference to the Fourth Schedule. At the end, the tribunal can put the costs on the losing party under Section 31A.
How many hearings does a Section 11 petition usually need?
If nobody contests it, often one or two effective hearings. If the respondent disputes the agreement or limitation, a few more. The Act asks courts to try to decide within 60 days of notice to the respondent, but real timelines vary.
What's the court fee for a Section 11 petition in Delhi?
It's a fixed amount under the applicable schedule, not a percentage of your claim, and it's modest next to the fee on a suit. Schedules get revised now and then, so check the current figure with the registry or your lawyer before filing.
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M. More than twenty years in practice before the Supreme Court, the Delhi High Court, district and commercial courts in Delhi NCR, and tribunals.
This guide explains the law in general terms and is not legal advice. For advice on your own papers, contact the team.