A:
Have to be appointed by the court
B:
Have to be appointed by the International Chambers Of Commerce.
C:
Has to be the Chief Justice of The High Court That has jurisdiction
D:
May be decided by the parties
E:
Has to be from a panel approved by the law commision of india
Explanation
D: May be decided by the parties.
Explanation:
In an arbitration agreement, the appointment of arbitrators is typically determined by the parties involved in the dispute. This principle of party autonomy is a fundamental aspect of arbitration. The parties can agree on the number of arbitrators, their qualifications, and the process for selecting them. They may choose to use institutional rules, such as those provided by the International Chamber of Commerce (ICC) or other organizations, to facilitate the appointment process, or they may agree on the arbitrators directly.
Options A, C, and E are not accurate:
A: Arbitrators do not have to be appointed by the court in most cases. Court intervention in the appointment of arbitrators is generally limited to situations where the parties cannot agree or when there is a specific provision for court appointment in the arbitration agreement.
C: It is not a requirement for the Chief Justice of the High Court to be the arbitrator in an arbitration agreement. Arbitrators can be individuals chosen by the parties or selected through other agreed-upon processes.
E: While parties can select arbitrators from panels provided by institutions or organizations, it is not mandatory for the Law Commission of India to approve the panel of arbitrators in every case. Party autonomy is generally respected in arbitration, allowing the parties to choose their arbitrators.
