DRAFT ARBITRATION COUNCIL OF INDIA (ACI) RULES

Feb. 26, 2020

Draft Arbitration Council of India (ACI) rules have been issued for public consultation with the timeline of submission of comments by 14th March, 2020.

Background: Arbitration and Conciliation (Amendment) Act 2019

  • The Government has recently amended the Arbitration and Conciliation Act, 1996 by the Arbitration and Conciliation (Amendment) Act 2019.

  • It seeks to establish an independent body namely, the Arbitration Council of India (ACI) for the purpose of grading of arbitral institutions and accreditation of arbitrators, etc.

  • ACI will be will be headed by a Chairperson, who has been a Judge of the Supreme Court or a Chief Justice or Judge of a High Court or an eminent person to be appointed by the Central Government in consultation with the Chief Justice of India.

  • Besides, it will also have two Full-time Members from amongst eminent arbitration practitioners and academicians. In addition, one representative of a recognized body of commerce and industry shall be nominated on rotational basis as a Part-time Member.

  • The Secretary, Department of Legal Affairs, Ministry of Law & Justice; Secretary, Department of Expenditure, Ministry of Finance and Chief Executive Officer, ACI will be ex-officio Members.

  • Section 43M of the Act provides for the Secretariat to the Council consisting of such number of officers and employees as may be prescribed by the Central Government. 

Source : PIB