CONSTITUTION OF THE ARBITRAL TRIBUNAL

Rule 21
On receipt of the application for arbitration, the Registrar shall take necessary steps to have the arbitral tribunal constituted for the adjudication of the dispute or difference as provided hereunder.

Rule 22
The number of arbitrators to hear a dispute shall be determined as under: (a) Where the claim including determination of interest, if any, being claimed upto the date of commencement of arbitration in terms of Rule 15, does not exceed Rs. One crore and where the arbitration agreement does not specify three arbitrators, the reference shall be deemed to be to a sole arbitrator, unless the parties to the dispute agree to refer the dispute to three arbitrators within thirty days from the date of notification of request for arbitration.

(b) Where three arbitrators have to appointed as per the above sub-rule and any of the parties to the dispute fails to make the necessary deposit towards the cost and expenses of arbitration, instead of three arbitrators, the Registrar may appoint a sole arbitrator, where the claim is upto One crore. Where the claim is for more than Rs. One crore, the Registrar may appoint arbitrator /s on behalf of the Respondent as well the as Presiding Arbitrator.

Rule 23
The appointment of sole arbitrator or three arbitrators shall be made in the following manner:
(a) In case a Sole Arbitrator has to be appointed, the Registrar shall call upon the parties to the dispute to forward the name. of .an agreed arbitrator from among the Panel of Arbitrators by a notice In writing, sent to them. The said notice shall specify the period within which the nomination shall be made which shall not be more than thirty days from the date of the said notice to the respective parties. If the parties fail to agree on the person to be appointed as sole arbitrator within the time granted by the Registrar, the Registrar in consultation with the Chairman of the Committee and in his absence in consultation with the member of the Governing Body designated by the Chairman, shall appoint the sole arbitrator from among the Panel of Arbitrators. If one of the parties is a national or resident of a country other than India, the sole arbitrator shall, as far as possible, be chosen or appointed by the Registrar from among the nationals of a country other than that of either of the parties. The sole arbitrator so nominated shall constitute the arbitral tribunal to hear the dispute and shall be appointed as such in writing by the Registrar. The Registrar shall give notice to the Parties of the constitution of the arbitral tribunal.
(b) Where the reference is to three arbitrators, the Registrar shall in the first instance call upon the parties to nominate one arbitrator each from among the Panel of Arbitrators by a notice in writing, sent to them. The said notice shall specify the period within which the nomination shall be made which shall not be more than thirty days from the date of the said notice to the respective Parties. If a Party to the dispute refuses or neglects to appoint an arbitrator on his behalf within the period specified or if he requests the Registrar to nominate an arbitrator on behalf of that party, the Registrar in consultation with the Chairman of the Arbitration Committee and in his absence in consultation with the members of the Governing Body designated by the Chairman shall appoint the arbitrator from the Panel of arbitrators on behalf of that party. On receipt of the nominations from the respective parties or on the appointment as aforesaid by the Registrar, the Registrar shall appoint another person as the Presiding Arbitrator of the arbitral tribunal in consultation with Chairman of the Committee and in his absence in consultation with members of the Governing body designated by the Chairman, from among the panel of arbitrators to be additional arbitrator to act as Presiding Arbitrator of the arbitral tribunal.
(c) If one of the parties is a national or resident of a country other than India, the additional arbitrator shall, as far as possible, be chosen or appointed from' among the nationals of a country other than that of either of the parties. The arbitrators so nominated or appointed shall constitute the arbitral tribunal and shall be appointed as such in writing by the Registrar. The additional arbitrator appointed by the Registrar shall act as Presiding Arbitrator of the arbitral tribunal.The Registrar shall give notice to the parties of the constitution of the arbitral tribunal.