1. A person of any nationality may be an arbitrator, unless otherwise agreed by the parties.
2. Subject to sub-section (6), the parties are free to agree on a procedure for appointing the arbitrator or arbitrators.
3. Failing any agreement referred to in sub-section (2), in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator.
4. If the appointment procedure in sub-section (3) applies and—
   1. a party fails to appoint an arbitrator within thirty days from the receipt of a request to do so from the other party; or
   2. 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, upon request of a 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, upon request of a 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.
6. Where, under an appointment procedure agreed upon by the parties,—
   1. a party fails to act as required under that procedure; or
   2. the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that procedure; or
   3. a person, including an institution, fails to perform any function entrusted to him or it under that procedure,
   a party may request the Supreme Court or, as the case may be, the High Court or any person or institution designated by such Court to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.
7. A decision on a matter entrusted by sub-section (4) or sub-section (5) or sub-section (6) to the Supreme Court or the High Court or the person or institution designated by such Court is final and no appeal including Letters Patent Appeal shall lie against that decision.
8. The Supreme Court or the High Court, while considering any application under sub-section (4) or sub-section (5) or sub-section (6), shall, notwithstanding any judgment, decree or order of any court, confine to the examination of the existence of an arbitration agreement.

Explanation

(1) For the purposes of this section "High Court" means the High Court having original jurisdiction, or the High Court exercising appellate jurisdiction over the principal civil court of original jurisdiction, as the case may be, within whose local limits the principal civil court is situate.

(2) Where the High Court itself is the Court as defined under clause (e) of sub-section (1) of section 2, the appointment under this section shall be made by the High Court.