Arbitration, not only internationally but domestically as well, is now becoming a highly preferred means to resolve disputes in a private forum. One of the primary reasons for introducing this Alternative Dispute Resolution Mechanism was to provide for justice in a speedy, efficacious, and cost-effective manner. In order to ensure that several concepts are incorporated on the lines of the Model Law, for instance, provisions regarding the waiver of right to object, 1 principles of Kompetence-Kompetence 2 allowing an Arbitral Tribunal to rule on the objections relating to its own jurisdiction, are some examples of concepts derived from the Model law, amongst others. On the issue of avoiding a ‘hung arbitration’, the Legislature, in its wisdom, incorporated a provision with respect to the composition of the Arbitral Tribunal in section 10 of the Indian Arbitration and Conciliation Act, 1996 (hereinafter ‘The Act 1996’), which states:
Number of arbitrators: (1) The parties are free to determine the number of arbitrators, provided that such number shall not be an even number. 3