The High Court of Delhi has held that the limitation period for the appointment of the substitute arbitrator is 3 years from the date when the right to apply for such appointment accrues. The bench of Justice Pratibha M. Singh held that since the act does not provide for any explicit period for the appointment of a substitute arbitrator, the limitation shall be governed by the residual provision found in Article 137 of the Limitation Act which provides a period of 3 years as the limitation period from the date when the right to apply accrues.

The Court also held that when the initial arbitrator was appointed under Section 11(6) of the Act, axiomatically the appointment of the substitute arbitrator shall also be undertaken in terms of Section 11(6) of the Act.