Number of arbitrators
Section 10 of the Arbitration and Conciliation Act, 1996 deals with number of arbitrators. The parties are free to determine the number of arbitrators, provided that such number shall not be an even number. The Act came into force on 22 Aug 1996.
(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.
Section 10, The Arbitration and Conciliation Act, 1996 (Act 26 of 1996).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Narayan Prasad Lohia vs Nikunj Kumar Lohia
Court's Decision & Legal Precedent
The prohibition on even number of arbitrators under Section 10 of the Arbitration and Conciliation Act 1996 is a derogable provision. When read conjointly with Section 16, which permits parties to challenge tribunal composition before the arbitral tribunal itself (not later than submission of statement of defence), the requirement of odd number of arbitrators becomes derogable. A party who knowingly agrees to an even number of arbitrators and participates in the arbitration proceedings without raising an objection to the tribunal composition within the prescribed timeline under Section 16(2) is deemed to have waived the right to object under Section 4. Consequently, an arbitral award made by two arbitrators cannot be set aside merely on the ground that it violates Section 10 if the composition was in accordance with the agreement of the parties and no objection was raised before the arbitral tribunal. Section 34(2)(a)(v) permits setting aside an award on grounds of improper composition only if the composition was not in accordance with the agreement of the parties.
On this section: Central provision at issue. The Court held that while Section 10 provides that number of arbitrators shall not be even, this is a derogable provision when read conjointly with Section 16, as parties can agree to even number and waive objections.
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Ntpc Limited vs Afcons R. N. Shetty and Co. Pvt. LTD Jv
Court's Decision & Legal Precedent
Arbitrators do not have unilateral power to determine their own fees. Where parties have fixed fees by agreement or court has fixed fees by order, arbitrators are bound by such fees. Where no agreement or court order exists, arbitrators may fix reasonable fees only after transparent consultation with parties at preliminary stage, and such fees are subject to court review for reasonableness under Section 39. The Fourth Schedule is binding on ad hoc arbitrations post-Amendment Act 2019. The term 'sum in dispute' in Fourth Schedule refers to aggregate of claim and counter-claim. The ceiling of Rs. 30 lakhs in Serial No. 6 applies to total fee, not just variable component. The fee is per individual arbitrator, not per tribunal. Arbitrators cannot charge separate fees for claims and counter-claims; they must charge single fee based on aggregate sum in dispute.
On this section: Number of arbitrators - parties free to determine, default is sole arbitrator
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Narayan Prasad Lohia vs Nikunj Kumar Lohia
Court's Decision & Legal Precedent
Where an appellate court has considered only some of the grounds on which a lower court invalidated an award or order, and other substantial grounds remain unexplored, the Supreme Court will remit the matter to the appellate court for full consideration of all grounds in the interest of justice, rather than deciding the remaining grounds without the benefit of the appellate court's reasoning and findings. Additionally, where parties fail to raise statutory objections within prescribed procedures, they waive their right to challenge on those grounds subsequently.
On this section: Provision addressing composition of arbitral tribunal; court held it is derogable and parties can agree to two arbitrators if both parties consent
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 10
What have the courts held on Section 10 of the Arbitration and Conciliation Act?
Narayan Prasad Lohia vs Nikunj Kumar Lohia (20 Feb 2002) is the leading judgment on this section among those set out below: Central provision at issue. The Court held that while Section 10 provides that number of arbitrators shall not be even, this is a derogable provision when read conjointly with Section 16, as parties can agree to even number and waive objections. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2002 to 2022.
How do I find court cases under Section 10 of the Arbitration and Conciliation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Arbitration Act 10, section 10 Arbitration Act, section 10 of the Arbitration and Conciliation Act. People searching for it also type arbitration act cap 10. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Narayan Prasad Lohia vs Nikunj Kumar Lohia (20 Feb 2002).
When did Section 10 of the Arbitration and Conciliation Act come into force?
Section 10 of the Arbitration and Conciliation Act, cited as Arbitration Act 10, came into force on 22 Aug 1996, having been enacted on 16 Aug 1996. It is in force as at the date shown on this page.
Other sections of this Act
- 8. Power to refer parties to arbitration where there is an arbitration agreement1029 words
- 11. Appointment of arbitrators1027 words
- 34. Application for setting aside arbitral awards861 words
- 2. Definitions732 words
- 29A. Time limit for arbitral award635 words
- 57. Conditions for enforcement of foreign awards519 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.