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“(2) Subject to Sub-Section (6), the parties are free to agree on a procedure for appointing the arbitrator or arbitrators.”

39. The aforesaid provision makes it clear that some free play has been given to the parties in the context of “procedure” for appointment of arbitrators. But, the same is subject to Section 11(6) of the Act. This is an important caveat since Section 11(6) is the repository of statutory power of the High Court to appoint an Arbitrator, which, when read along with Section 11(12) in the context of international commercial arbitration, must be construed to be the Hon’ble Supreme Court. Thus, whatever else the parties may want to tinker with in the context of procedure, Section 11(2) makes it clear that the parties cannot prescribe a procedure, which derogates from the power conferred on the High Court or the Hon'ble Supreme Court under Section 11(6) of the Act. For instance, the parties cannot agree that the power to appoint an Arbitrator will vest with a Munsif Court or a District Court for that would amount to derogating from the power of appointment stipulated in Section 11(6).