Arbitration And Conciliation Act, 1996

Definition In this Chapter, unless the context otherwise requires, “foreign award” means an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India, made on or after the 11th day of October, 1960— (a)   in pursuance of an agreement in writing for arbitration to which the Convention set forth in the First Schedule applies, and (b)   in one of such territories as the Central Government, being satisfied that reciprocal provisions have been made may, by notification in the Official Gazette, declare to be territories to which the said Convention applies.

Chief Executive Officer (1) There shall be a Chief Executive Officer of the Council, who shall be responsible for day-to-day administration of the Council. (2) The qualifications, appointment and other terms and conditions of the service of the Chief Executive Officer shall be such as may be prescribed by the Central Government. (3) The Chief Executive Officer shall discharge such functions and perform such duties as may be specified by the regulations. (4) There shall be a Secretariat to the Council consisting of such number of officers and employees as may be prescribed by the Central Government. (5) The qualifications, appointment and other terms and conditions of the service of the employees and other officers of the Council shall be such as may be prescribed by the Central Government.]

Power to make regulations by Council The Council may, in consultation with the Central Government, make regulations, consistent with the provisions of this Act and the rules made thereunder, for the discharge of its functions and perform its duties under this Act.

Depository of awards The Council shall maintain an electronic depository of arbitral awards made in India and such other records related thereto in such manner as may be specified by the regulations.

Norms for accreditation of arbitrators The qualifications, experience and norms for accreditation of arbitrators shall be such as may be specified by the regulations.]

General norms for grading of arbitral institutions The Council shall make grading of arbitral institutions on the basis of criteria relating to infrastructure, quality and calibre of arbitrators, performance and compliance of time limits for disposal of domestic or international commercial arbitrations, in such manner as may be specified by the regulations.

Appointment of experts and constitution of Committees thereof The Council may, appoint such experts and constitute such Committees of experts as it may consider necessary to discharge its functions on such terms and conditions as may be specified by the regulations.]

Removal of Member (1) The Central Government may, remove a Member from his office if he— (a)   is an undischarged insolvent; or (b)   has engaged at any time (except Part-time Member), during his term of office, in any paid employment; or (c)   has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (d)   has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or (e)   has so abused his position as to render his continuance in office prejudicial to the public interest; or (f)   has become physically or mentally incapable of acting as a Member. (2) Notwithstanding anything contained in sub-section (1), no Member shall be removed from his office on the grounds specified in clauses (d) and (e) of that sub-section unless the Supreme Court, on a reference being made to it in this behalf by the Central Government, has, on an inquiry, held by it in accordance with such procedure as may be prescribed in this behalf by the Supreme Court, reported that the Member, ought on such ground or grounds to be removed.]

Vacancies, etc., not to invalidate proceedings of Council No act or proceeding of the Council shall be invalid merely by reason of— (a)   any vacancy or any defect, in the constitution of the Council; (b)   any defect in the appointment of a person acting as a Member of the Council; or (c)   any irregularity in the procedure of the Council not affecting the merits of the case.]

Duties and functions of Council (1) It shall be the duty of the Council to take all such measures as may be necessary to promote and encourage arbitration, [***] or other alternative dispute resolution mechanism and for that purpose to frame policy and guidelines for the establishment, operation and maintenance of uniform professional standards in respect of all matters relating to arbitration. (2) For the purposes of performing the duties and discharging the functions under this Act, the Council may— (a)   frame policies governing the grading of arbitral institutions; (b)   recognise professional institutes providing accreditation of arbitrators; (c)   review the grading of arbitral institutions and arbitrators; (d)   hold training, workshops and courses in the area of arbitration in collaboration of law firms, law universities and arbitral institutes; (e)   frame, review and update norms to ensure satisfactory level of arbitration [***]; (f)   act as a forum for exchange of views and techniques to be adopted for creating a platform to make India a robust centre for domestic and international arbitration [***]; (g)   make recommendations to the Central Government on various measures to be adopted to make provision for easy resolution of commercial disputes; (h)   promote institutional arbitration by strengthening arbitral institutions; (i)   conduct examination and training on various subjects relating to arbitration [***] and award certificates thereof; (j)   establish and maintain depository of arbitral awards made in India; (k)   make recommendations regarding personnel, training and infrastructure of arbitral institutions; and (l)   such other functions as may be decided by the Central Government.