Arbitration and Conciliation Act, 1996

Section 10 of Arbitration Act: Number of Arbitrators

Section 10 of the Arbitration and Conciliation Act, 1996 gives the parties freedom to determine the number of arbitrators, subject to the statutory rule that the number must not be even. If the parties do not determine the number, the arbitral tribunal consists of a sole arbitrator.

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Section 10 - Number of Arbitrators

(1) The parties are free to determine the number of arbitrators, provided that such number shall not be an even number.

(2) Failing the determination referred to in sub-section (1), the arbitral tribunal shall consist of a sole arbitrator.

Meaning and Scope of Section 10

Section 10 governs the numerical composition of the arbitral tribunal. It begins with party autonomy: the parties may decide how many arbitrators will constitute the tribunal.

That freedom is subject to one express statutory condition - the agreed number must not be even. If the parties make no determination at all, the Act supplies a default rule under which the tribunal consists of one arbitrator.

Party Autonomy in Determining the Number of Arbitrators

The parties may specify the number of arbitrators in the arbitration agreement or through another valid agreement governing the arbitral procedure. Common arrangements include a sole arbitrator or a three-member tribunal.

Practical point: The number of arbitrators can affect cost, scheduling, complexity of deliberations and the appointment procedure. Parties drafting an arbitration clause should therefore consider whether a sole arbitrator or a multi-member tribunal is appropriate for the nature and value of likely disputes.

Why Section 10 Prohibits an Even Number

Section 10(1) expressly states that the number of arbitrators shall not be even. The statutory structure therefore contemplates an odd-numbered tribunal where more than one arbitrator is chosen.

An odd-numbered tribunal also avoids the structural possibility of an evenly divided decision among tribunal members.

Default Rule: Sole Arbitrator

Section 10(2) applies where the parties have not determined the number of arbitrators. In that event, the arbitral tribunal consists of a sole arbitrator.

Parties decide If the parties validly determine the number, that agreed structure governs subject to Section 10.
No determination If the parties do not determine the number, the statutory default is one arbitrator.

Relationship Between Sections 10 and 11

Section 10 determines the number of arbitrators, while Section 11 deals with the appointment of arbitrators and the procedure for making those appointments.

Accordingly, after the number of arbitrators has been fixed by agreement or by the statutory default under Section 10, the appointment mechanism must be considered under the arbitration agreement and the applicable provisions of Section 11.

Section 10 and Composition of the Arbitral Tribunal

Section 10 forms part of Chapter III of Part I of the Arbitration and Conciliation Act, 1996, which deals with the composition of the arbitral tribunal. It should therefore be read together with provisions governing appointment, grounds for challenge, challenge procedure, termination of mandate and substitution of arbitrators.

Official Source

The official text of the Arbitration and Conciliation Act, 1996 is available through India Code. The Act is Act No. 26 of 1996, administered by the Ministry of Law and Justice, Department of Legal Affairs.

View the Arbitration and Conciliation Act, 1996 on India Code
Note: This page reproduces and explains Section 10 for legal information and research. The constitution of a tribunal in a particular arbitration also depends on the arbitration agreement, the appointment procedure, Section 11 and other applicable provisions of the Act.