Ordinance To Set Up International Arbitration Centre At New Delhi Promulgated

Ordinance To Set Up International Arbitration Centre At New Delhi Promulgated

The President Ram Nath Kovid yesterday promulgated the New Delhi International Arbitration Centre Ordinance 2019.

It proposes to establish an international arbitration centre at New Delhi, replacing the International Centre for Alternative Dispute Resolution set-up in the year 1995, which is a society registered under the Societies Registration Act.

A Bill for this purpose was passed by Lok Sabha last January. However, it got lapsed as it could not get clearance from upper house before the expiry of the budget session.

The proposed New Delhi International Arbitration Centre will be a statutory body, consisting of a Chairperson, two eminent persons having substantial knowledge in international and domestic arbitration, one representative of a recognized body of commerce, Secretary to the Ministry of Law & Justice, Finance Advisor and a Chief Executive Officer. The Chairperson should have been a judge of the Supreme Court or High Court, or an eminent person having pecial knowledge and experience in the conduct or administration of arbitration, appointed by the Central Government in consultation with the Chief Justice of India. The two eminent persons and the representative of commerce body are to be appointed by the Central Government.

The Ordinance aims for creating an independent and autonomous regime for institutionalised arbitration and the better management of arbitration so as to make it a hub for institutional arbitration. It is based on the opinion of the High Powered Committee appointed by the Central Government that the International Centre for Alternative Dispute Resolution has failed to address the growing needs of the institutional arbitration.

The objects of the Centre are—

  • to bring targeted reforms to develop itself as a flagship institution for conducting international and domestic arbitration;
  • to promote research and study, providing teaching and training, and organising conferences and seminars in arbitration, conciliation, mediation and other alternative dispute resolution matters;
  • to provide facilities and administrative assistance for conciliation, mediation and arbitral proceedings;
  • to maintain panels of accredited arbitrators, conciliators and mediators both at national and international level or specialists such as surveyors and investigators;
  • to collaborate with other national and international institutions and organisations for ensuring credibility of the Centre as a specialised institution in arbitration and conciliation;
  • to set-up facilities in India and abroad to promote the activities of the Centre; to lay down parameters for different modes of alternative dispute resolution mechanisms being adopted by the Centre

Read Ordinance