The India International Arbitration Centre Act, 2019
Administered Ministry: Ministry of Law and Justice / Department of Legal Affairs
Section
Section 21 Chief Executive Officer.
(1) There shall be a Chief Executive Officer of the Centre who shall be responsible for day-to-day administration of the Centre and for this purpose, he shall maintain liaison with the Centre and the Secretariat.
(2) The appointment, qualifications and the terms and conditions of services of the Chief Executive Officer shall be such as may be specified by the regulations.
(3) The Chief Executive Officer shall exercise such powers and discharge such functions as may be specified by the regulations or as may be delegated to him by the Centre.
(2) The appointment, qualifications and the terms and conditions of services of the Chief Executive Officer shall be such as may be specified by the regulations.
(3) The Chief Executive Officer shall exercise such powers and discharge such functions as may be specified by the regulations or as may be delegated to him by the Centre.
Section 22 Delegation of powers.
The Centre may, for the purpose of discharging of its powers, functions and duties, by general or special order in writing, specify the powers and duties conferred or imposed upon the Centre by or under this Act (except the power to make regulation) which may also be exercised or performed by the Chief Executive Officer or any officer or officers of the Centre and the conditions and restrictions, if any, subject to which the powers and duties may be exercised and performed.
Section 23 Secretariat.
(1) There shall be a Secretariat to the Centre consisting of---
(a) Registrar, who shall supervise the activities of the 1[Secretariat];
(b) Counsel, dealing with the matters relating to domestic and international arbitration; and
(c) such number of other officers and employees as may be prescribed.
(2) The qualifications, experience, method of selection and the functions of the Registrar, Counsel and other officers and employees shall be such as may be prescribed.
(a) Registrar, who shall supervise the activities of the 1[Secretariat];
(b) Counsel, dealing with the matters relating to domestic and international arbitration; and
(c) such number of other officers and employees as may be prescribed.
(2) The qualifications, experience, method of selection and the functions of the Registrar, Counsel and other officers and employees shall be such as may be prescribed.
1. Subs. by Act 23 of 2022, s. 11, for "Centre" (w.e.f. 27-1-2023).
Section 24 Grants by Central Government
The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Centre in each financial year such sums of money and in such manner as it may think fit for being utilised for the purposes of this Act.
Section 25 Fund of Centre.
(1) The Centre shall maintain a Fund to which shall be credited,---
(a) all monies provided by the Central Government;
(b) all fees and other charges received during or in connection with the arbitration, conciliation, mediation or other proceedings;
(c) all monies received by the Centre for the facilities provided by it to the parties;
(d) all monies received by the Centre in the form of donations, grants, contributions and income from other sources; and
(e) the amount received from the investment income.
(2) All monies credited to the Fund shall be deposited in such banks or invested in such manner as may be decided by the Centre.
(3) The Fund shall be applied towards meeting the salaries and other allowances of Members, 1[Registrar, Counsel and other officers and employees of the Centre] and the expenses of the Centre including expenses incurred in the exercise of its powers and discharge of its duties under this Act.
(a) all monies provided by the Central Government;
(b) all fees and other charges received during or in connection with the arbitration, conciliation, mediation or other proceedings;
(c) all monies received by the Centre for the facilities provided by it to the parties;
(d) all monies received by the Centre in the form of donations, grants, contributions and income from other sources; and
(e) the amount received from the investment income.
(2) All monies credited to the Fund shall be deposited in such banks or invested in such manner as may be decided by the Centre.
(3) The Fund shall be applied towards meeting the salaries and other allowances of Members, 1[Registrar, Counsel and other officers and employees of the Centre] and the expenses of the Centre including expenses incurred in the exercise of its powers and discharge of its duties under this Act.
1. Ins. by Act 23 of 2022, s. 12, (w.e.f. 27-1-2023).
Section 26 Accounts and audit.
(1) The Centre shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the balance sheet, in such form and manner as may be prescribed in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Centre shall be audited by the Comptroller and Auditor General of India and any expenditure incurred by him in connection with such audit shall be payable by the Centre to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Centre shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Centre.
(4) The accounts of the Centre as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and the Central Government shall cause the same to be laid before each House of Parliament.
(2) The accounts of the Centre shall be audited by the Comptroller and Auditor General of India and any expenditure incurred by him in connection with such audit shall be payable by the Centre to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Centre shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Centre.
(4) The accounts of the Centre as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and the Central Government shall cause the same to be laid before each House of Parliament.
Section 27 Assessment of assets and liabilities of undertaking.
The assets and liabilities in relation to any undertaking under this Act shall be caused to be assessed by any agency authorised by the Comptroller and Auditor-General of India in such manner as may be specified by him and any payment on a claim to be made in relation thereto shall be settled by him between the Society and the Central Government and shall be paid by the Society or the Central Government, as the case may be, in the manner as may be specified by the Comptroller and Auditor-General of India.
Section 28 Chamber of Arbitration.
(1) The Centre shall, establish a Chamber of Arbitration 1[to] empanel the Arbitrators and also scrutinise the applications for admission in the panel of reputed arbitrators to maintain a permanent panel of arbitrators.
(2) The Chamber of Arbitration shall consist of experienced arbitration practitioners of repute, at national and international level and persons having wide experience in the area of alternative dispute resolution and conciliation.
(3) The Centre shall by regulations lay down the criteria for admission to the panel of the cadre so as to maintain a pool of reputed arbitrators having expertise in international commercial arbitration and arbitration other than international commercial arbitration.
(4) The Registrar to the Secretariat of the Centre shall act as the Member-Secretary to the Chamber of Arbitration.
(2) The Chamber of Arbitration shall consist of experienced arbitration practitioners of repute, at national and international level and persons having wide experience in the area of alternative dispute resolution and conciliation.
(3) The Centre shall by regulations lay down the criteria for admission to the panel of the cadre so as to maintain a pool of reputed arbitrators having expertise in international commercial arbitration and arbitration other than international commercial arbitration.
(4) The Registrar to the Secretariat of the Centre shall act as the Member-Secretary to the Chamber of Arbitration.
1. Subs. by Act 23 of 2022, s. 13, for "which shall" (w.e.f. 27-1-2023).
Section 29 Arbitration Academy.
(1) The Centre may establish an Arbitration Academy---
(a) to train the arbitrators, particularly in the area of international commercial arbitration to compete on par with the reputed international arbitral institutions;
(b) to conduct research in the area of alternative dispute resolution and allied areas; and
(c) to give suggestions for achieving the objectives of the Act.
(2) For the purposes of sub-section (1), there may be constituted a permanent three member committee in order to suggest and to submit a report to the Centre with respect to the amendments, if any, necessary to the rules and regulations made under this Act.
(a) to train the arbitrators, particularly in the area of international commercial arbitration to compete on par with the reputed international arbitral institutions;
(b) to conduct research in the area of alternative dispute resolution and allied areas; and
(c) to give suggestions for achieving the objectives of the Act.
(2) For the purposes of sub-section (1), there may be constituted a permanent three member committee in order to suggest and to submit a report to the Centre with respect to the amendments, if any, necessary to the rules and regulations made under this Act.
Section 30 Power to make rules.
(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may make provision for---
(a) the terms and conditions and the salaries and allowances payable to the Chairperson and Full-time Members under sub-section (2) of section 6;
(b) the travelling and other allowances payable to the Part-time Members under sub-section (4) of section 6;
(c) the composition and functions of the Committees referred to in sub-section (2) of section 19;
(d) the number of officers and employees of the Secretariat of the Centre under clause (c) of sub-section (1) of section 23;
(e) the qualifications, experience, method of selection and the functions of the Registrar, Counsel and other officers and employees of the Centre under sub-section (2) of section 23;
(f) annual statement of accounts, including the balance sheet under sub-section (1) of section 26; and
(g) any other matter in respect of which provision is to be made or may be made under this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may make provision for---
(a) the terms and conditions and the salaries and allowances payable to the Chairperson and Full-time Members under sub-section (2) of section 6;
(b) the travelling and other allowances payable to the Part-time Members under sub-section (4) of section 6;
(c) the composition and functions of the Committees referred to in sub-section (2) of section 19;
(d) the number of officers and employees of the Secretariat of the Centre under clause (c) of sub-section (1) of section 23;
(e) the qualifications, experience, method of selection and the functions of the Registrar, Counsel and other officers and employees of the Centre under sub-section (2) of section 23;
(f) annual statement of accounts, including the balance sheet under sub-section (1) of section 26; and
(g) any other matter in respect of which provision is to be made or may be made under this Act.
Section 31 Power to make regulations.
(1) The Centre may, with the previous approval of the Central Government, by notification, make regulations consistent with this Act and the rules made thereunder to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may make provision for--
1[(a) the manner of the conduct of arbitration and other forms of alternative dispute resolution mechanism under clause (a) of section 15;
(aa) the time and place and the rules of procedure to be observed in regard to the transaction of business of the Committee at the meetings including the quorum under sub-section (3) of section 19;]
(b) the time and place and rules of procedure in regard to the transaction of business of the Centre or any Committee including the quorum at the meeting under sub-section (4) of section 20;
(c) the appointment, qualifications and the terms and conditions of service of the Chief Executive Officer under sub-section (2) of section 21;
(d) the powers and functions of the Chief Executive Officer under sub-section (3) of section 21;
(e) the criteria for admission to the panel of reputed arbitrators under sub-section (3) of section 28; and
(f) any other matter in respect of which provision, in the opinion of the Centre, is necessary for the performance of its functions under this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may make provision for--
1[(a) the manner of the conduct of arbitration and other forms of alternative dispute resolution mechanism under clause (a) of section 15;
(aa) the time and place and the rules of procedure to be observed in regard to the transaction of business of the Committee at the meetings including the quorum under sub-section (3) of section 19;]
(b) the time and place and rules of procedure in regard to the transaction of business of the Centre or any Committee including the quorum at the meeting under sub-section (4) of section 20;
(c) the appointment, qualifications and the terms and conditions of service of the Chief Executive Officer under sub-section (2) of section 21;
(d) the powers and functions of the Chief Executive Officer under sub-section (3) of section 21;
(e) the criteria for admission to the panel of reputed arbitrators under sub-section (3) of section 28; and
(f) any other matter in respect of which provision, in the opinion of the Centre, is necessary for the performance of its functions under this Act.
1. Subs. by Act 23 of 2022, s. 14, for clause (a) (w.e.f. 27-1-2023).
Section 32 Laying of rules and regulations.
Every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
Section 33 Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against the Centre, the Chairperson or Members or its employees and arbitrators for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
Section 34 Power to remove difficulty.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of a period of 1[five years] from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Provided that no such order shall be made under this section after the expiry of a period of 1[five years] from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
1. Subs. by Act 23 of 2022, s. 15, for "two years" (w.e.f. 27-1-2023).
Section 35 Repeal and savings.
(1) The New Delhi International Arbitration Centre Ordinance, 2019 (Ord. 10 of 2019) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the New Delhi International Arbitration Centre Ordinance, 2019 (Ord. 10 of 2019), shall be deemed to have been done or taken under the provisions of this Act.
(2) Notwithstanding such repeal, anything done or any action taken under the New Delhi International Arbitration Centre Ordinance, 2019 (Ord. 10 of 2019), shall be deemed to have been done or taken under the provisions of this Act.