Key points
- A Section 11 petition can be filed 30 days after a written notice invoking arbitration goes unanswered or the parties fail to agree.
- The court's enquiry is limited to the existence of the arbitration agreement; other issues go to the tribunal.
- For international commercial arbitration, the Supreme Court makes the appointment; otherwise the High Court.
Step by step
- Serve the notice invoking arbitration
Send a written notice under Section 21 referring to the arbitration clause, describing the dispute and either nominating your arbitrator or proposing a sole arbitrator. Keep proof of delivery. - Wait 30 days
If the other party does not respond, or the two nominated arbitrators fail to agree on a presiding arbitrator, within 30 days, the right to apply to court arises. - File the Section 11 petition
File in the High Court having jurisdiction over the seat, annexing the contract with the arbitration clause, the notice, proof of service and any reply. Delhi High Court petitions are filed electronically. - Hearing
The court examines only whether an arbitration agreement exists and, since the 2024 Supreme Court ruling in the Interplay case, leaves questions of stamping and arbitrability to the tribunal. It then appoints an arbitrator, often from a panel or an institution such as the Delhi International Arbitration Centre. - Commencement before the tribunal
The appointed arbitrator issues a preliminary procedural order and the arbitration proceeds; the 12-month timeline under Section 29A begins from completion of pleadings.
The court's role is narrow
Section 11(6A) confines the court to examining the existence of an arbitration agreement. Following Vidya Drolia v. Durga Trading (2020) and the seven-judge decision in In Re: Interplay between Arbitration Agreements and the Stamp Act (2023), the court will refer the parties to arbitration unless the agreement plainly does not exist or the claim is manifestly dead. Objections about limitation, stamping and the merits are left to the tribunal.
Unilateral appointment clauses
Clauses letting one party appoint the sole arbitrator are unenforceable after Perkins Eastman v. HSCC (2019), and the Supreme Court's 2024 Constitution Bench decision in CORE v. ECI-SPIC struck down clauses that let one party curate the panel. The court will appoint an independent arbitrator in such cases.
Fees
Unless the parties agree otherwise, the Fourth Schedule to the Act sets the arbitrator's fee by reference to the amount in dispute.
Frequently asked questions
How long does a Section 11 petition take in the Delhi High Court?
Typically two to four months from filing to appointment, depending on service and whether the respondent contests the existence of the agreement.
Is there a limitation period for a Section 11 petition?
The Supreme Court has held that Article 137 of the Limitation Act applies, giving three years from the date the right to apply accrues, but the court will also refuse to refer claims that are ex facie time-barred.
Related practice area: Commercial Litigation & Arbitration
This article is for general information and does not constitute legal advice. Laws, rules and limitation periods change and depend on the facts; please take advice on your own situation before acting. Reading this article does not create a lawyer-client relationship with Akhtars Legalitarian.