The Department of Legal Affairs vide notification dated the 12th October, 2023 has commenced section 10 of the Arbitration and Conciliation (Amendment) Act, 2019 and has operationalized arbitration council of India w.e.f 12th day of October, 2023.
Composition of the Council
The Arbitration Council of India is a body consisting of eminent members, each contributing their unique expertise to the mission. The composition of the Council is carefully designed to ensure a diverse range of skills and experiences. The Chairperson of the Council is a person who has held the position of a Judge of the Supreme Court, Chief Justice of a High Court, or a Judge of a High Court. This ensures a profound understanding of the legal intricacies in arbitration and dispute resolution.
The Council also includes an eminent arbitration practitioner, nominated by the Central Government, who possesses substantial knowledge of institutional arbitration, both domestic and international. In addition, an academician with experience in research and teaching in the field of arbitration and alternative dispute resolution laws is appointed in consultation with the Chairperson, further enriching the knowledge pool of the Council.
To bring a governmental perspective, the Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice, and the Secretary to the Government of India in the Department of Expenditure, Ministry of Finance, or their representatives, hold ex officio positions. The Council also includes a representative of commerce and industry, chosen on a rotational basis by the Central Government, and a Chief Executive Officer who serves as the Member-Secretary.
Key Responsibilities
The Council has a myriad of responsibilities, as outlined in the regulations. Its primary duty is to promote and encourage arbitration, mediation, conciliation, and other alternative dispute resolution mechanisms. To fulfill this mission, the Council is tasked with framing policies and guidelines for the establishment, operation, and maintenance of uniform professional standards in arbitration.
The Council is also responsible for grading arbitral institutions, accrediting arbitrators, reviewing the performance of institutions and arbitrators, conducting training and workshops in collaboration with law firms and universities, and maintaining a depository of arbitral awards made in India. These initiatives aim to enhance the quality and efficiency of arbitration and conciliation in the country.
The Council is further empowered to act as a forum for the exchange of views, techniques, and best practices in arbitration. It can make recommendations to the Central Government on various measures to facilitate the resolution of commercial disputes, strengthen arbitral institutions, and enhance the personnel, training, and infrastructure of these institutions.
Additionally, the Council plays a pivotal role in determining the qualifications, experience, and norms for the accreditation of arbitrators, as specified in the Eighth Schedule. The Central Government, in consultation with the Council, can amend the Eighth Schedule to adapt to evolving requirements in the field of arbitration.
