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Provided further that the Chief Justice of the concerned High Court may, from time to time, reviews the panel of arbitrators.
(4) If the appointment procedure in sub-section (3) applies and--
(a) a party fails to appoint an arbitrator within thirty days from the receipt of a request to do so from the other party; or
(b) the two appointed arbitrators fail to agree on the third arbitrator within thirty days from the date of their appointment, the appointment shall be made, on an application of the party, by the arbitral institution designated by the Supreme Court, in case of international commercial arbitration, or by the High Court, in case of arbitrations other than international commercial arbitration, as the case may be. (5) Failing any agreement referred to in sub-section (2), in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator within thirty days from receipt of a request by one party from the other party to so agree the appointment shall be made on an application of the party in accordance with the provisions contained in sub-section (4). (6) Where, under an appointment procedure agreed upon by the parties,--
(a) a party fails to act as required under that procedure; or
(b) the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that procedure; or
(c) a person, including an institution, fails to perform any function entrusted to him or it under that procedure, The appointment shall be made, on an application of the party, by the arbitral institution designated by the Supreme Court, in case of international commercial arbitration, or by the High Court, in case of arbitrations other than international commercial arbitration, as the case may be to take the necessary measures, unless the agreement on the appointment procedure provides other means for securing the appointment. (6A) xxx xxx (6B) The designation of any person or institution by the Supreme Court or, as the case may be, the High Court, for the purposes of this section shall not be regarded as a delegation of judicial power by the Supreme Court or the High Court.
(c) a person, including an institution, (c) a person, including an institution, fails to perform any function fails to perform any function entrusted to him or it under that entrusted to him or it under that procedure, procedure, a party may request the Chief the appointment shall be made, on Justice or any person or institution an application of the party, by the designated by him to take the arbitral institution designated by the necessary measure, unless the Supreme Court, in case of agreement on the appointment international commercial arbitration, procedure provides other means for or by the High Court, in case of securing the appointment. arbitrations other than international commercial arbitration, as the case may be to take the necessary measures, unless the agreement on the appointment procedure provides other means for securing the appointment.
"(6) Where, under an appointment procedure agreed upon by the parties,--
(a) a party fails to act as required under that procedure; or
(b) the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that procedure; or
(c) a person, including an institution, fails to perform any function entrusted to him or it under that procedure, The appointment shall be made, on an application of the party, by the arbitral institution designated by the Supreme Court, in case of international commercial arbitration, or by the High Court, in case of arbitrations other than ( 2025:HHC:305 ) international commercial arbitration, as the case may be to take the necessary measures, unless the agreement on the appointment procedure provides other means for securing the appointment."