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New Delhi International Arbitration Centre Act, 2019: Building India Into a Global Arbitration Hub
New Delhi International Arbitration Centre Act, 2019:
Building India Into a Global Arbitration Hub
“Make in India” should not only adhere to the economic sphere but also outstretch to laws. In the wake of governmental efforts, India has taken steps to compete its counterparts such as London, Paris, Geneva, Singapore and New York as a global arbitration hub. Therefore, a New Delhi International Arbitration Centre is set up under the New Delhi International Arbitration Centre Act, 2019 to let foreign companies who are entering into contract with Indian companies, opt for Indian jurisdiction for arbitration in matters of dispute. The purpose of New Delhi International Arbitration Centre Act, 2019 is to create an independent and autonomous regime for institutionalized arbitration and for the better management of arbitration so as to make it a hub for institutional arbitration in international level
Salient features of the New Delhi International Arbitration Centre Act, 2019
- Establishment and incorporation of New Delhi International Arbitration Centre:
The central government is empowered to establish the center under section 3 of the act. The center is a body corporate for entering into the contracts, to sue or to be sued or to hold and dispose- off the properties.
- Institution of National Importance:
Under section 4 of the act the New Delhi International Arbitration Centre is declared as Institute of National Importance. The objective of such declaration is to promote Indian jurisdiction for arbitration in the domestic as well as international sphere
- Composition of Centre
Section 5 of the Act specifies about the composition of the center it must consist of the following:
- Chairperson (judge of Supreme court or High Court or eminent person) appointed by the central government in consultation with Chief Justice of India
- Full time members or part time members- Two eminent persons appointed by central government
- One part time member- representative of body of commerce and industry
- One Secretary
- One Financial advisor
- Chief executive officer
- Object of the center
the center has the following objects under section 14 of the Act:
- Develop itself as flagship for arbitration
- To promote research and study, provide teaching and training related to
- To provide facilities and administrative assistance related to arbitration
- To maintain panel of Arbitrators, mediators or conciliators for both national as well as international level
- To collaborate with other national or international centers to ensure credibility
- To promote activities of center
- To adopt different modes of ADR Mechanism
- Functions of the center
The center has following functions under section 15
- To facilitate and conduct arbitration and conciliation at domestic/international level
- Provide cost effective and timely service
- Promote studies, impart training and teachings in field of ADR
- To co-operate with other societies and institutions, national or international for promoting ADR
- Powers of the center
the center has following powers under the act
- Center have the power to make rules under section 30 of the act
- It can also make regulation with the approval of Central Government under section 31
- No suit, prosecution or other legal proceedings can lie against center, id cebter is acting in good faith
- The center has power to remove difficulty arises in giving effect to the provisions of this act
However, the rules and regulations needed to be laid down in the hoiuse of parliament for approval or modifications.
- Arbitration Academy
Under section 29 of the Act the center may establish an Arbitration Academy to train Arbitrators particularly in the area of International Commercial Arbitration, to conduct research and to give suggestions to promote ADR
- Chamber of Arbitration
The center shall establish a Chamber of arbitration for the admission of reputed arbitrators or to maintain a permanent panel of Arbitrators
- Delegation of Powers
The center may, under section 22, by an order in writing delegate its powers conferred upon it by this act except the power to make regulations.
However, with a full fledge piece legislation India has put a step forward to compete for becoming a hub for International Arbitration but how these new laws or rules are to be implemented is yet to be seen.
- building India into a International Arbitration Hub
- salient features of the NDIAC Act 2019
- New Delhi International Arbitration center Act 2019
