The New Delhi International Arbitration Centre Bill, 2019 |The LexSphere Library

SECTION Section 1

Untitled Section

•Bill No. 127 of 2019

•THE NEW DELHI INTERNATIONAL ARBITRATION

•CENTRE BILL, 2019

•——————

•ARRANGEMENT OF CLAUSES

•——————

SECTION Section 10

Untitled Section

6.Terms and conditions, etc., of Chairperson and Members.

SECTION Section 100

Untitled Section

9.The New Delhi International Arbitration Centre Bill, 2019 seeks to replace the said

Ordinance.

•N

•EW DELHI; RAVI SHANKAR PRASAD

•The 19th June, 2019.

•——————

•PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE

•CONSTITUTION OF INDIA

•——————

•[Letter No. A-60011(5)/4/2016-Admn.-III(LA) dated 25.6.2019 from Shri Ravi

•Shankar Prasad, Minister of Law and Justice to the Secretary General, Lok Sabha]

•The President, having been informed of the subject matter of the proposed New Delhi

•International Arbitration Centre Bill, 2019, recommends introduction of the Bill in the House

•under article 117(1) of the Constitution.

•Notes on clauses

SECTION Section 101

Untitled Section

•Clause 1 seeks to provide for short title and commencement of the Act.

SECTION Section 102

Untitled Section

•Clause 2 seeks to provide definition of various expressions used in the Bill.

SECTION Section 103

Untitled Section

•Clause 3 seeks to provide for the establishment of a body corporate by the name

•the New Delhi International Arbitration Centre, with perpetual succession, a common

•seal, power to acquire, hold and dispose of property, power to enter into contract and

•the power to sue or be sued in its own name.

SECTION Section 104

Untitled Section

•Clause 4 seeks to provide for the declaration of New Delhi International Arbitration

•Centre as an Institution of national importance with head office at New Delhi and

•branches at other places in India and abroad.

SECTION Section 105

Untitled Section

•Clause 5 seeks to provide for the composition of the Centre. The Centre shall

•consist of one Chairperson who is a person, who has been a Judge of the Supreme

•Court or a Judge of a High Court or an eminent person having special knowledge and

•experience in the conduct or administration of arbitration, law or management, two

•eminent persons having substantial knowledge and experience in institutional

•arbitration, both domestic and international as Full-time Members or Part-time Members,

•one representative of a recognised body of commerce and industry as Part-time Member

•and one member each from the Ministry of Law and Justice and Ministry of Finance and

•the Chief Executive Officer of the Centre as Members ex-officio.

SECTION Section 106

Untitled Section

•Clause 6 seeks to provide for the term of office of Chairperson and Members of

•the New Delhi International Arbitration Centre, their terms and conditions, salary and

•allowances of the Chairperson and Full-time Members and travelling and other

•allowances payable to the Part-time Members.

SECTION Section 107

Untitled Section

•Clause 7 provides for the transfer and vesting of the undertakings of the

•International Centre for Alternative Dispute Resolution with right, title and interest in

•the Central Government on and from the specified date.

SECTION Section 108

Untitled Section

•Clause 8 seeks to provide that the vesting in the Central Government shall be

•deemed to include all assets, rights, leaseholds, powers, authorities and privileges, and

•all property (movable and immovable), including lands, buildings, works, projects,

•instruments, automobiles and other vehicles, cash balances, funds, including reserve

•funds, investments and book debts of the society. It also provides that properties

•vested in the Central Government shall be freed and discharged from any trust,

•obligation, mortgage, charge, lien and other encumbrances and also any attachment,

•injunction, decree or order of the court or authority restricting the use of such properties

•or assets in any manner or appointing any receiver in respect of the whole or any part

•of such properties or assets shall be deemed to have been withdrawn. It further provides

•that any licence or other instrument granted to the International Centre for Alternative

•Dispute Resolution in relation to any undertaking which has vested in the Central

•Government shall continue to be in force on and after the specified date and the

•New Delhi International Arbitration Centre shall be deemed to be substituted in such

•licence or other instrument as if such licence or other instrument had been granted to

•the New Delhi International Arbitration Centre and the New Delhi International

•Arbitration Centre shall hold it for the remainder of the period. It further provides that

•any suit, appeal or other proceeding, of whatever nature instituted or preferred by or

•against the International Centre for Alternative Dispute Resolution in relation to any

•property or asset which has vested in the Central Government or New Delhi International

•Arbitration Centre, shall not abate and the suit, appeal or other proceeding may be

•continued, prosecuted or enforced against the Central Government or the New Delhi

•International Arbitration Centre.

•14

•15

SECTION Section 109

Untitled Section

•Clause 9 seeks to provide that every liability in relation to any undertaking in

•respect of any period prior to the specified date shall be enforceable against the Society

•and not against the Central Government.

SECTION Section 11

Untitled Section

•CHAPTER III

•ACQUISITION AND TRANSFER OF UNDERTAKINGS OF SOCIETY

SECTION Section 110

Untitled Section

•Clause 10 provides that the Central Government shall, as soon as may be after

•the specified date, direct by notification, that the undertakings and the right, title and

•interest of the Society in relation to such undertakings which had vested in the Central

•Government shall vest in the New Delhi International Arbitration Centre either on the

•date of publication of the notification or on such earlier or later date as may be specified

•in the notification. It further provides that the New Delhi International Arbitration

•Centre shall on and from the date of such vesting shall be deemed to have become the

•owner in relation to such undertakings and the rights and liabilities of the Central

•Government in relation to such undertakings shall be deemed to have become the

•rights and liabilities of the New Delhi International Arbitration Centre.

SECTION Section 111

Untitled Section

•Clause 11 seeks to provide for the general superintendence, direction, control

•and management of affairs of the undertakings, once vested in the New Delhi

•International Arbitration Centre on issuance of direction by the Central Government or

•where no such direction has been made, in the Custodian of the Undertakings appointed

•by the Central Government on such remuneration as may be fixed and who shall hold

•office during the pleasure of the Central Government.

SECTION Section 112

Untitled Section

•Clause 12 seeks to provide that on the vesting of the management of the

•undertakings in the New Delhi International Arbitration Centre or on the appointment

•of a Custodian, all persons in charge of management of the undertakings immediately

•before such vesting or appointment shall be bound to deliver to the New Delhi

•International Arbitration Centre or Custodian, as the case may be, all assets, books of

•account, registers and other documents in their custody relating to the undertakings. It

•further provides that the Central Government may issue such directions regarding the

•powers and duties of the Custodian and the Custodian may also seek instructions from

•the Central Government as to the manner in which the management of the undertaking

•shall be conducted or in relation to any other matter arising in the course of such

management.It also provides that any person who on the specified date, has in his

•possession or under his control, any books, documents or other papers relating to the

•undertakings shall be liable to account for such books, documents and other papers

•and shall deliver such documents to the Central Government or the Custodian or the

•New Delhi International Arbitration Centre as the case may be. It also provides that the

•Central Government or the New Delhi International Arbitration Centre may take or

•cause to be taken all necessary steps for securing possession of all undertakings

•which have vested in the Central Government or the New Delhi International

•Arbitration Centre. It also provides that the International Centre for Alternative Dispute

•Resolution shall, within such period as the Central Government may allow furnish a

•complete inventory of all its properties and assets, as on the commencement of the

•New Delhi International Arbitration Centre Ordinance, 2019 pertaining to the

undertakings.

SECTION Section 113

Untitled Section

•Clause 13 seeks to provide that the Central Government or the Custodian or the

•New Delhi International Arbitration Centre shall be entitled to receive up to the specified

•date, to the exclusion of all other persons, any money due to the International Centre

•for Alternative Dispute Resolution in relation to its undertakings which have vested in

•the Central Government or Custodian or the New Delhi International Arbitration Centre,

•as the case may be, and realised after the commencement of the New Delhi International

•Arbitration Centre Ordinance, 2019, notwithstanding that the realisation pertains to a

•period prior to the said commencement.

SECTION Section 114

Untitled Section

•Clause 14 seeks to provide for the objects of the New Delhi International

•Arbitration Centre i.e., to bring targeted reforms to develop itself as a flagship institution

•for conducting international and domestic arbitration; to promote research and study,

•16

•providing teaching and training, 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 New Delhi International Arbitration Centre

•as a specialised institution in arbitration and conciliation; to set up facilities in India

•and abroad to promote the activities of the New Delhi International Arbitration Centre;

•to lay down parameters for different modes of alternative dispute resolution mechanisms

•being adopted by the New Delhi International Arbitration Centre; and such other

•objectives as it may deem fit with the approval of the Central Government.

SECTION Section 115

Untitled Section

•Clause 15 seeks to provide the functions of the New Delhi International Arbitration

•Centre including the function to facilitate for conducting international and domestic

•arbitrations and conciliation in the most professional manner; to provide cost effective

•and timely services for the conduct of the arbitrations and conciliations at national and

•international level; to promote studies in the field of alternative dispute resolution and

•related matters, and to promote reforms in the system of settlement of disputes; to

•undertake teaching and to provide for diffusion of knowledge of law and procedures

•on alternative dispute resolution and related matters and to award certificates and

•other academic or professional distinction; to impart training in alternative dispute

•resolution and related matters to those who are handling arbitration, conciliation and

•mediation; to co-operate with other societies, institutions and organisations, national

•or international for promoting alternative dispute resolution; and to perform such other

•functions as may be entrusted to it by the Central Government for promoting alternative

•dispute resolution.

SECTION Section 116

Untitled Section

•Clause 16 seeks to provide that any vacancy, defect in the appointment or any

•irregularity in procedure shall not invalidate the proceedings of the New Delhi

•International Arbitration Centre.

SECTION Section 117

Untitled Section

•Clause 17 seeks to provide for the procedure for resignation of Chairperson or

•the Full-time Member and Part-time Member by notice in writing, addressed to the

•Central Government. It also provides that the Chairperson and Full-time Member shall

•be permitted to relinquish their office sooner, or continue to hold office until the expiry

•of three months from the date of receipt of such notice or until a person duly appointed

•as his successor enters upon his office or until the expiry of his term of office, whichever

•is earlier.

SECTION Section 118

Untitled Section

•Clause 18 seeks to specify the circumstances in which the Central Government

•may, remove a Member of the New Delhi International Arbitration Centre 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 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 which render the continuation in office prejudicial to the public

•interest; or (f) has become physically or mentally incapable of acting as a Member. It

•also provides that no Member shall be removed from his office on the grounds specified

•in clauses ( d) and ( e) above unless the Supreme Court, on a reference being made to it

•has, on an inquiry, held by it in accordance with such procedure as may be made by rule

•in this behalf by the Supreme Court, reported that the Member, ought on such ground

•or grounds to be removed.

SECTION Section 119

Untitled Section

•Clause 19 seeks to provide for the constitution of various Committees by the

•New Delhi International Arbitration Centre for administering the various aspects of its

functioning.It further provides that the composition and functions of the Committee

•shall be such as may be made by rules. It also provides that the Committee shall meet at

•17

•such time and at such places and shall observe such rules of procedure regarding the

•transaction of business at its meetings including the quorum as may be specified by

•the regulations.

SECTION Section 12

Untitled Section

7.Transfer and vesting.

SECTION Section 120

Untitled Section

•Clause 20 seeks to provide that the meetings of the New Delhi International

•Arbitration Centre shall be presided over by the Chairperson and in his absence the

•Member chosen by the other Members shall preside over the meeting. It further provides

•that the Chairperson shall exercise such other powers and perform such other duties as

•are assigned to him under the Act and also to ensure the implementations of decisions

•taken by the New Delhi International Arbitration Centre. It also provides that the New

•Delhi International Arbitration Centre shall meet at least four times a year and follow

•the procedure in its meetings as may be specified by the regulations. It also provides

•that all questions which come up before any meetings of the New Delhi International

•Arbitration Centre shall be decided by a majority of votes of the Members present and

•voting, and in the event of an equality of votes, the Chairperson or in his absence, the

•person presiding, shall have a casting vote. The New Delhi International Arbitration

•Centre shall deal with all questions that come up before any meeting expeditiously and

•shall dispose of the same within a period of sixty days from the date of receipt of the

•application and where such application could not be disposed of within the said period

•the New Delhi International Arbitration Centre shall record its reasons in writing. It

•also provides that Chairperson may invite any expert, not being a Member, to attend

•the meetings of the New Delhi International Arbitration Centre, but such invitee shall

•not be entitled to vote at the meeting.

SECTION Section 121

Untitled Section

•Clause 21 seeks to provide for appointment of a Chief Executive Officer to the

•New Delhi International Arbitration Centre, who shall be responsible for day-to-day

•administration of the New Delhi International Arbitration Centre and he shall liaison

•with the New Delhi International Arbitration Centre and the Secretariat and shall exercise

•such powers and discharge such functions as may be specified by the regulations or as

•may be delegated to him by the New Delhi International Arbitration Centre. It further

•provides that 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.

SECTION Section 122

Untitled Section

•Clause 22 seeks to provide for delegation of powers, functions and duties of the

•New Delhi International Arbitration Centre, by general or special order, in writing,

•specifying the powers and duties conferred or imposed upon the New Delhi International

•Arbitration Centre under this Act (except the power to make regulation) and the

•conditions and restrictions, if any, subject to which the powers and duties may be

•exercised and performed by the Chief Executive officer or any officer or officers of the

•New Delhi International Arbitration Centre.

SECTION Section 123

Untitled Section

•Clause 23 seeks to provide for a Secretariat to the New Delhi International

•Arbitration Centre consisting of Registrar, Counsel and such number of other officers

•and employees and the qualifications, experience, method of selection and functions

•of them shall be such as may be prescribed.

SECTION Section 124

Untitled Section

•Clause 24 seeks to provide that the Central Government may, after due

•appropriation made by Parliament by law, pay to the New Delhi International Arbitration

•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 Section 125

Untitled Section

•Clause 25 seeks to provide that the New Delhi International Arbitration Centre

•shall maintain a Fund in which all monies provided by the Central Government; all fees

•and other charges received during or in connection with the arbitration, conciliation,

•mediation or other proceedings; all monies received by the New Delhi International

•Arbitration Centre for the facilities provided by it to the parties; all monies received by

•the New Delhi International Arbitration Centre in the form of donations, grants,

•contributions and income from other sources; and the amount received from the

•18

•investment income, shall be credited. It further provides that all monies credited to the

•Fund shall be deposited in such banks or invested in such manner as may be decided

•by the New Delhi International Arbitration Centre and the Fund shall be applied towards

•meeting the salary and other allowances of Members and the expenses of the New

•Delhi International Arbitration Centre including expenses incurred in the exercise of its

•powers and discharge of its duties under this Act.

SECTION Section 126

Untitled Section

•Clause 26 seeks to provide that the New Delhi International Arbitration 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

•made by rule in consultation with the Comptroller and Auditor-General of India. It

•further provides that the accounts of the New Delhi International Arbitration Centre

•shall be audited by the Comptroller and Auditor-General of India and any expenditure

•incurred in that connection shall be payable by the New Delhi International Arbitration

Centre.It also provides that the Comptroller and Auditor-General of India or any person

•appointed by him in connection with the audit of the accounts of the New Delhi

•International Arbitration Centre shall have the same rights, privileges and authority in

•connection with such audit as the Comptroller and Auditor-General of India. It also

•provides that accounts of the New Delhi International Arbitration Centre as certified

•by the Comptroller and Auditor-General of India or any other person appointed by him

•together with the audit report thereon shall be forwarded annually to the Central

•Government which shall be caused to be laid before each House of Parliament.

SECTION Section 127

Untitled Section

•Clause 27 seeks to provide that the assets and liabilities in relation to any

•undertaking under the 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 International Centre for Alternative Dispute Resolution and the Central

•Government and shall be paid by the International Centre for Alternative Dispute

•Resolution 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 Section 128

Untitled Section

•Clause 28 seeks to provide for establishment of a Chamber of Arbitration which

•shall empanel the Arbitrators and also scrutinise the applications for admission in the

•panel of reputed arbitrators. It further provides that 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. It also provides that the New Delhi International Arbitration Centre

•shall lay down the criteria by regulations for admission to the panel of the cadre to

•maintain a pool of reputed arbitrators having expertise in international commercial

•arbitration and arbitrations other than international commercial arbitration and

•the Registrar of the New Delhi International Arbitration Centre shall be the

•Member-Secretary of the Chamber of Arbitration.

SECTION Section 129

Untitled Section

•Clause 29 seeks to provide that the New Delhi International Arbitration Centre

•may establish an Arbitration Academy to train the arbitrators, particularly in the area of

•international commercial arbitration to compete on par with the reputed international

•arbitral institutions; to conduct research in the area of alternative dispute resolution

•and allied areas; and to give suggestions for achieving the objectives of the Act. It

•further provides for constitution of a permanent three Member Committee, which may

•suggest amendments, if any, necessary to the rules and regulations issued under the

Act.

SECTION Section 13

Untitled Section

8.General effect of vesting.

SECTION Section 130

Untitled Section

•Clause 30 seeks to empower the Central Government to make rules to carry out

•the provisions of this Act.

SECTION Section 131

Untitled Section

•Clause 31 seeks to empower the New Delhi International Arbitration Centre to

•make regulations, by notification, with the previous approval of the Central Government.

•19

•It further provides that the regulations shall be consistent with the provisions of the

•Act and the rules made thereunder.

SECTION Section 132

Untitled Section

•Clause 32 seeks to provide for laying of every rule made by the Central

•Government and every regulation made by the New Delhi International Arbitration

•Centre, as soon as may be, after it is made, before each House of the Parliament.

SECTION Section 133

Untitled Section

•Clause 33 seeks to provide that, no suit, prosecution or other legal proceedings

•shall lie against the Centre, Chairperson or Members of the New Delhi International

•Arbitration Centre or its employees and arbitrators for anything which is in good faith

•done or intended to be done under the Act or the rules or regulations made thereunder.

SECTION Section 134

Untitled Section

•Clause 34 seeks to provide that, if any difficulty arises in giving effect to the

•provisions of the Act, the Central Government may, by order published in the Official

•Gazette, make such provisions, not inconsistent with the provisions of the Act, as may

•appear to it to be necessary for removing the difficulty. It further provides that no such

•order shall be made after the expiry of a period of two years from the date of

•commencement of this Act. It also provides that e very order made under this section

•shall be laid before each House of Parliament.

SECTION Section 135

Untitled Section

•Clause 35 seeks to provide for repeal and savings of the New Delhi International

•Arbitration Centre Ordinance, 2019.

•FINANCIAL MEMORANDUM

•Sub-clause (1) of clause 3 of the Bill provides for establishment of the New Delhi

•International Arbitration Centre and sub-clause ( 2) provides that the Centre shall hold,

•acquire and dispose of property, both movable and immovable.

SECTION Section 136

Untitled Section

2.Sub-cluases (2) and (4) of clause 6 of the Bill provides for terms and conditions,

•salary and allowances payable to the Chairperson and Full-time Members and travelling and

•other allowances payable to Part-time Members.

SECTION Section 137

Untitled Section

3.Clause 7 of the Bill provides that on and from the specified date, the undertakings of

•the International Centre for Alternative Dispute Resolution shall stand transferred to and

•vest in the Central Government.

SECTION Section 138

Untitled Section

4.Clause 10 of the Bill provides that the rights and liabilities of the Central Government

•in relation to the undertakings of the Centre for Alternative Dispute Resolution shall on and

•from the specified date shall vest in the New Delhi International Arbitration Centre and the

•New Delhi International Arbitration Centre shall be deemed to have become owner in respect

•of such properties, etc.

SECTION Section 139

Untitled Section

5.Sub-clauses (2) and (3) of clause 11 empowers the Central Government to appoint a

•Custodian of the undertakings on such remuneration as may be fixed by the Central

Government.

SECTION Section 14

Untitled Section

9.Liability prior to specified date.

SECTION Section 140

Untitled Section

6.Clause 14 of the Bill provides to promote research and study, providing teaching and

•training and organising conferences and seminars in arbitration, conciliation, mediation and

•other alternative dispute resolution matters and to set up facilities in India and abroad to

•promote the activities of the New Delhi International Arbitration Centre.

SECTION Section 141

Untitled Section

7.Clause 19 of the Bill provides for constitution of various Committees by the New

•Delhi International Arbitration Centre for handling the specific aspects relating to the

•functions of the New Delhi International Arbitration Centre.

SECTION Section 142

Untitled Section

8.Sub-clause (1) of clause 21 of the Bill provides for appointment of a Chief Executive

•Officer, who shall be responsible for day-to-day administration of the affairs of the New

•Delhi International Arbitration Centre. Sub-clause (2) provides for specifying the terms and

•conditions of service of the Chief Executive Officer.

SECTION Section 143

Untitled Section

9.Sub-clause (1) of clause 23 of the Bill provides for the establishment of a Secretariat

•of the New Delhi International Arbitration Centre. Sub-clause (2) provides for qualifications,

etc., of the other officers and employees of the Secretariat.

SECTION Section 144

Untitled Section

10.Clause 24 of the Bill provides for Grants by the Central Government to the New

•Delhi International Arbitration Centre.

SECTION Section 145

Untitled Section

11.Clause 25 of the Bill provides for maintenance of a Fund for crediting all monies

•provided by the Central Government; all fees and other charges received during or in

•connection with the arbitration, conciliation, mediation or other proceedings; all monies

•received by the Centre for the facilities provided by it to the parties; all monies received by

•the Centre in form of donations, grants, contributions and income from other sources; and

•the amount received from the investment income and the same shall be deposited in such

•banks or invested in such manner as may be decided by the New Delhi International

•Arbitration Centre. The Fund shall be applied towards meeting the salary and other

•allowances of Chairperson and the Members and the expenses of the New Delhi International

•Arbitration Centre including expenses incurred in the exercise of its powers and discharge

•of its duties.

SECTION Section 146

Untitled Section

12.Clause 28 of the Bill provides for establishment of Chamber of the Arbitration for

•empanelment of Arbitrators and scrutinise the applications for admission in the panel of

•reputed arbitrators.

•20

•21

SECTION Section 147

Untitled Section

13.Clause 29 of the Bill provides for establishment of an Arbitration Academy to train

•the arbitrators, particularly in the area of International Commercial Arbitration to compete on

•par with the reputed international arbitral institutions; to conduct research in the area of

•alternative dispute resolution and allied areas, etc.

SECTION Section 148

Untitled Section

14.It is estimated that there would be an expenditure of approximately six crore

•seventy-three lakhs twenty-three thousands and eight hundred and twenty-four rupees in

•the first year, six crore sixty-four lakhs fifty-one thousand and two hundred and six rupees in

•second year and seven crore thirty-three lakhs forty-nine thousand and eight hundred and

•twenty-seven rupees in the third year of establishment of the New Delhi International

•Arbitration Centre as initial establishment expenses, including salaries and allowances and

•other remuneration of Chairperson and Members (other than ex officio Members) and of its

•officers and other employees. It is expected that major recurring expenses of the New Delhi

•International Arbitration Centre would be funded out of the fees and charges as may be

•received by it.

SECTION Section 149

Untitled Section

15.The Bill, if enacted and brought into operation, would not involve any other

•expenditure of a recurring or non-recurring nature from the Consolidated Fund of India.

•MEMORANDUM REGARDING DELEGATED LEGISLA TION

•Sub-clause (3) of clause 11 of the Bill empowers the Central Government to fix the

•remuneration of the Custodian appointed under sub-clause (2) of clause 11.

SECTION Section 15

Untitled Section

10.Power of Central Government to direct vesting of undertaking in Centre.

SECTION Section 150

Untitled Section

2.Sub-clause (2) of clause 18 of the Bill empowers the Supreme Court to prescribe

•procedure for removal of a Member on a reference being made by the Central Government.

SECTION Section 151

Untitled Section

3.Clause 30 of the Bill empowers the Central Government to make rules with respect to

•the matter specified under sub-clause (2) which, inter alia, relate to the terms and conditions

•and the salary payable to Chairperson and Full-time Members; the travelling and other

•allowances payable to Part-time Members; composition and functions of the Committees;

•the number of officers and employees of the Secretariat of the Centre; the qualifications,

•experience, method of selection and the functions of the Registrar, Counsel and other officers

•and employees of the New Delhi International Arbitration Centre; annual statement of accounts

•including balance sheet of the New Delhi International Arbitration Centre.

SECTION Section 152

Untitled Section

4.Clause 31 of the Bill empowers the New Delhi International Arbitration Centre to

•make regulations with the previous approval of the Central Government, in respect of the

•matters specified under sub-clause (2) which, inter alia, relates to the time and place and the

•rules of procedure to be observed in regard to the transaction of business of the Committee

•at the meeting including the quorum; the time and place and rules of procedure in regard to

•the transaction of business of the Centre or any Committee including the quorum of the

•meeting; the appointment, qualifications and terms and conditions of service of the Chief

•Executive Officer; the powers and functions of the Chief Executive Officer; and the criteria

•for admission to the panel of reputed arbitrators.

SECTION Section 153

Untitled Section

5.The matters in respect of which rules or regulations may be made are matters of

•procedure and administrative details and it is not practical to provide for them in the Bill

itself.The delegation of legislative power is, therefore, of a normal character.

•22

•MGIPMRND—987LS(S3)—28-06-2019.

•LOK SABHA

•————

•A

•BILL

•to provide for the establishment and incorporation of the New Delhi International Arbitration

•Centre for the purpose of creating an independent and autonomous regime for

•institutionalised arbitration and for acquisition and transfer of the undertakings of the

•International Centre for Alternative Dispute Resolution and to vest such undertakings

•in the New Delhi International Arbitration Centre for the better management of arbitration

•so as to make it a hub for institutional arbitration and to declare the New Delhi

•International Arbitration Centre to be an institution of national importance and for

•matters connected therewith or incidental thereto.

•————

•(Shri Ravi Shankar Prasad, Minister of Law and Justice)

•LOK SABHA

•------

•CORRIGENDA

•to

•THE NEW DELHI INTERNATIONAL ARBITRATION CENTRE BILL, 2019

•[To be/As introduced in Lok Sabha]

SECTION Section 154

Untitled Section

1.Page 2, line 23,-

•for "means the regulations"

•read "means regulations"

SECTION Section 155

Untitled Section

2.Page 3, line 44,-

•for "conditions, salary and"

•read "conditions, salaries and"

SECTION Section 156

Untitled Section

3.Page 9, line 1,-

•for "the salary and"

•read "the salaries and"

SECTION Section 157

Untitled Section

4.Page 10, line 7,-

•for "the salary and"

•read "the salaries and"

•NEW DELHI;

•July 1, 2019

•Ashadha 10, 1941 (Saka)

SECTION Section 16

Untitled Section

11.Management, etc., of undertakings.

SECTION Section 17

Untitled Section

12.Duties of persons in charge of management of undertakings to deliver all assets.

SECTION Section 18

Untitled Section

13.Certain powers of Central Government or Centre.

SECTION Section 19

Untitled Section

14.Objects of Centre.

SECTION Section 2

Untitled Section

•CHAPTER I

•PRELIMINARY

SECTION Section 20

Untitled Section

15.Functions of Centre.

SECTION Section 21

Untitled Section

16.Vacancies, etc., not to invalidate proceedings of Centre.

SECTION Section 22

Untitled Section

17.Resignation of Members.

SECTION Section 23

Untitled Section

18.Removal of Members.

SECTION Section 24

Untitled Section

19.Committees of Centre.

SECTION Section 25

Untitled Section

20.Meetings of Centre.

SECTION Section 26

Untitled Section

21.Chief Executive Officer.

SECTION Section 27

Untitled Section

22.Delegation of powers.

SECTION Section 28

Untitled Section

23.Secretariat.

•A

•S INTRODUCED IN LOK SABHA

SECTION Section 29

Untitled Section

•CHAPTER IV

•FINANCE , ACCOUNTS AND AUDIT

SECTION Section 31

Untitled Section

24.Grants by Central Government.

SECTION Section 32

Untitled Section

25.Fund of Centre.

SECTION Section 33

Untitled Section

26.Accounts and audit.

SECTION Section 34

Untitled Section

27.Assessment of assets and liabilities of undertaking.

SECTION Section 35

Untitled Section

•CHAPTER V

•C

•HAMBER OF ARBITRATION AND ARBITRATION ACADEMY

SECTION Section 36

Untitled Section

28.Chamber of Arbitration.

SECTION Section 37

Untitled Section

29.Arbitration Academy.

SECTION Section 38

Untitled Section

•CHAPTER VI

•M

•ISCELLANEOUS

SECTION Section 39

Untitled Section

30.Power to make rules.

SECTION Section 4

Untitled Section

1.Short title and commencement.

SECTION Section 40

Untitled Section

31.Power to make regulations.

SECTION Section 41

Untitled Section

32.Laying of rules and regulations.

SECTION Section 42

Untitled Section

33.Protection of action taken in good faith.

SECTION Section 43

Untitled Section

34.Power to remove difficulty.

SECTION Section 44

Untitled Section

35.Repeal and savings.

•(ii)

•THE NEW DELHI INTERNATIONAL ARBITRATION CENTRE

•BILL, 2019

•A

•BILL

•to provide for the establishment and incorporation of the New Delhi International

•Arbitration Centre for the purpose of creating an independent and autonomous

•regime for institutionalised arbitration and for acquisition and transfer of the

•undertakings of the International Centre for Alternative Dispute Resolution and to

•vest such undertakings in the New Delhi International Arbitration Centre for the

•better management of arbitration so as to make it a hub for institutional arbitration

•and to declare the New Delhi International Arbitration Centre to be an institution of

•national importance and for matters connected therewith or incidental thereto.

•W

•HEREAS dispute resolution process has a huge impact on the Indian economy and

•global perception on doing business in our country and it has become necessary to inspire

•confidence and credibility among the litigants of commercial disputes;

•A

•ND WHEREAS rapidly changing economic activity demands expeditious settlement of

•disputes and creation and establishment of institutional arbitration;

•AND WHEREAS the International Centre for Alternative Dispute Resolution was set up

•in the year 1995, under the aegis of the Central Government and registered under the Societies

•Bill No. 127 of 2019

•AS INTRODUCED IN LOK SABHA

•2

•Registration Act, 1860, with the objective of promoting alternative dispute resolution

•mechanism and providing facilities for the same;

•AND WHEREAS the International Centre for Alternative Dispute Resolution has received

•land and substantial funding by way of grants and other benefits from the Central Government

•for constructing infrastructure and making other facilities;

•A

•ND WHEREAS the International Centre for Alternative Dispute Resolution has not

•been able to actively engage and embrace developments in the arbitration ecosystem and to

•create a reputation par excellence keeping pace with the dynamic nature of arbitration over

•more than two decades;

•A

•ND WHEREAS studies conducted by the High Level Committee appointed by the

•Central Government indicate that the International Centre for Alternative Dispute Resolution

•has failed to address the growing needs of the institutional arbitration and also to bear

•optimum caseload and to become better choice to the parties for arbitration;

•A

•ND WHEREAS it has become expedient to take over the undertakings of the International

•Centre for Alternative Dispute Resolution including its regional offices without interfering

•with its activities and without adversely affecting its character as a Society but to utilise its

•existing infrastructure and other facilities which have been set up by using the public funds

•provided by the Government and to incorporate a robust institution for domestic and

•international arbitration to be known as the New Delhi International Arbitration Centre;

•A

•ND WHEREAS it is considered necessary to declare the New Delhi International

•Arbitration Centre as an institution of national importance for its overall development as a

•major arbitration hub by promoting quick and efficient dispute resolution mechanism.

•B

•E it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

SECTION Section 45

Untitled Section

•CHAPTER I

•PRELIMINARY

SECTION Section 46

Untitled Section

1.(1) This Act may be called the New Delhi International Arbitration Centre Act, 2019.

(2)It shall be deemed to have come into force on the 2nd March, 2019.

SECTION Section 47

Untitled Section

2.(1) In this Act, unless the context otherwise requires,—

(a)“Centre” means the New Delhi International Arbitration Centre established

•and incorporated under section 3;

(b)“Chairperson” means the Chairperson of the Centre referred to in clause (a)

•of section 5;

(c)“Chief Executive Officer” means the Chief Executive Officer appointed under

SECTION Section 48

Untitled Section

•section 21;

(d)“Committee” means the relevant Committee of the Centre referred to in

SECTION Section 49

Untitled Section

•section 19;

(e)“Custodian” means the person who is appointed as Custodian under

•sub-section (2) of section 11 in respect of the undertakings;

(f)“Fund” means the Fund of the Centre to be maintained under section 25;

(g)“Member” means Full-time or Part-time Member of the Centre and includes

•the Chairperson;

(h)“notification” means a notification published in the Official Gazette;

(i)“prescribed” means prescribed by rules made by the Central Government

•under this Act;

(j)“regulations” means the regulations made by the Centre under this Act;

•21 of 1860.

Definitions.

•Short title and

commencement.

•5

•10

•15

•20

•3

(k)“Society” means the International Centre for Alternative Dispute Resolution,

•registered as such under the Societies Registration Act, 1860, and having its registered

•office at New Delhi;

(l)“specified date” means the date as may be specified by the Central Government

•by notification;

(m)“undertakings” means the undertakings of the Society which vests with the

•Central Government under section 7.

(2)All other words and expressions used herein but not defined and defined in the

•Arbitration and Conciliation Act, 1996, shall have the same meanings as assigned to them in

•that Act.

SECTION Section 5

Untitled Section

2.Definitions.

SECTION Section 50

Untitled Section

•CHAPTER II

•E

•STABLISHMENT AND INCORPORATION OF NEW DELHI INTERNATIONAL ARBITRATION CENTRE

SECTION Section 51

Untitled Section

3.(1) The Central Government shall, by notification, establish a body to be called the

•New Delhi International Arbitration Centre for the purposes of exercising the powers and

•discharging the functions under this Act.

(2)The Centre shall be a body corporate by the name aforesaid, having perpetual

•succession and a common seal with power, subject to the provisions of this Act, to acquire,

•hold and dispose of property, both movable and immovable, and to enter into contract, and

•shall, by the said name, sue or be sued.

SECTION Section 52

Untitled Section

4.(1)Whereas, the objects of the New Delhi International Arbitration Centre are such

•as to make it as an institution of national importance, it is hereby declared that the New Delhi

•International Arbitration Centre is an institution of national importance.

(2)The head office of the Centre shall be at New Delhi and it may with the previous

•approval of the Central Government, establish branches at other places in India and abroad.

SECTION Section 53

Untitled Section

5.The Centre shall consist of the following Members, namely:––

(a)a person, who has been a Judge of the Supreme Court or a Judge of a High

•Court or an eminent person, having special knowledge and experience in the conduct

•or administration of arbitration, law or management, appointed by the Central

•Government in consultation with the Chief Justice of India––Chairperson;

(b)two eminent persons having substantial knowledge and experience in

•institutional arbitration, both domestic and international, appointed by the Central

•Government––Full-time Members or Part-time Members;

(c)one representative of a recognised body of commerce and industry, chosen

•on rotational basis by the Central Government––Part-time Member;

(d)Secretary, Department of Legal Affairs, Ministry of Law and Justice or his

•representative, not below the rank of the Joint Secretary––Member, ex officio;

(e)one Financial Adviser nominated by the Department of Expenditure, Ministry

•of Finance––Member, ex officio; and

(f)Chief Executive Officer––Member, ex officio.

SECTION Section 54

Untitled Section

6.(1) The Chairperson and Members shall hold office for a term of three years from the

•date on which they enter upon their office and shall be eligible for re-appointment:

•Provided that no Chairperson or Member shall hold office as such after he has attained the

•age of seventy years in the case of Chairperson and sixty-seven years in the case of a Member.

(2)The terms and conditions, salary and allowances payable to the Chairperson and

•Full-time Member shall be such as may be prescribed.

•Establishment

•and

•incorporation

•of New Delhi

•International

•Arbitration

Centre.

•21 of 1860.

•26 of 1996.

•Declaration

•of New Delhi

•International

•Arbitration

•Centre as an

•institution of

•national

importance.

•Composition

•of Centre.

•Terms and

•conditions,

etc., of

•Chairperson

•and Members.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•4

(3)The term of office of a Member appointed to fill a casual vacancy shall be for the

•remainder of the term of the Member in whose place he has been appointed.

(4)The Part-time Member shall be entitled to such travelling and other allowances as

•may be prescribed.

SECTION Section 55

Untitled Section

•CHAPTER III

•ACQUISITION AND TRANSFER OF UNDERTAKINGS OF SOCIETY

SECTION Section 56

Untitled Section

7.On and from the specified date, so much of the undertakings of the Society as form

•part of, or are relatable to the Society, and the right, title and interest of the Society in relation

•to such undertakings, shall, by virtue of this Act, stand transferred to, and vest in, the

•Central Government.

SECTION Section 57

Untitled Section

8.(1) The undertakings vested under section 7 shall be deemed to include all assets,

•rights, leaseholds, powers, authorities and privileges, and all property (movable and

•immovable), including lands, buildings, works, projects, instruments, automobiles and other

•vehicles, cash balances, funds, including reserve funds, investments and book debts of the

•Society as form part of, or are relatable to, the Society and all other rights and interest arising

•out of such properties as were immediately before the commencement of the New Delhi

•International Arbitration Centre Ordinance, 2019 in the ownership, possession, power or

•control of the Society, and all books of account, registers and all other documents of whatever

•nature relating thereto.

(2)All properties and assets as aforesaid which have vested in the Central Government

•under section 7 shall, by force of such vesting, be freed and discharged from any trust,

•obligation, mortgage, charge, lien and all other encumbrances affecting them or of any

•attachment, injunction, decree or order of any court or other authority restricting the use of

•such properties or assets in any manner or appointing any receiver in respect of the whole

•or any part of such properties or assets shall be deemed to have been withdrawn.

(3)Any licence or other instrument granted to the Society in relation to any undertaking

•which has vested in the Central Government under section 7 at any time before the specified

•date and in force immediately before the specified date, shall continue to be in force on and

•after such day in accordance with its tenor in relation to and for the purpose of such

•undertaking or where the undertaking is directed under section 10, to vest in the Centre, the

•Centre shall be deemed to be substituted in such licence or other instrument as if such

•licence or other instrument had been granted to the Centre and the Centre shall hold it for the

•remainder of the period which the Society would have held it under the terms thereof.

(4)If, on the specified date, any suit, appeal or other proceeding, of whatever nature,

•in relation to any property or asset which has vested in the Central Government under

SECTION Section 58

Untitled Section

•section 7, instituted or preferred by or against the Society is pending, the same shall not

•abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of

•the undertaking of the Society of anything contained in this Act, but the suit, appeal or other

•proceeding may be continued, prosecuted or enforced by or against the Central Government

•or where the undertakings of the Society are directed under section 10, to vest in the Centre,

•by or against the Centre.

SECTION Section 59

Untitled Section

9.Every liability in relation to any undertaking in respect of any period prior to the

•specified date, shall be enforceable against the Society and not against the Central

Government.

SECTION Section 6

Untitled Section

•CHAPTER II

•E

•STABLISHMENT AND INCORPORATION OF NEW DELHI INTERNATIONAL ARBITRATION CENTRE

SECTION Section 60

Untitled Section

10.(1) Notwithstanding anything contained in sections 7 and 8, the Central Government

•shall, as soon as may be after the specified date, direct by notification, that the undertakings

•and the right, title and interest of the Society in relation to such undertakings which had

•vested in the Central Government under section 7, shall, vest in the Centre either on the date

•of publication of the notification or on such earlier or later date as may be specified in the

notification.

•Transfer and

vesting.

•General effect

•of vesting.

Ord.10 of

SECTION Section 61

Untitled Section

2019.

•Liability prior

•to specified

date.

•Power of

•Central

•Government

•to direct

•vesting of

•undertaking in

Centre.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•50

•5

(2)Where the right, title and interest of the Society in relation to the undertakings

•vest, under sub-section ( 1), in the Centre, the Centre shall, on and from the date of such

•vesting, be deemed to have become the owner in relation to such undertakings and the

•rights and liabilities of the Central Government in relation to such undertakings shall, on and

•from the date of such vesting, be deemed to have become, the rights and liabilities,

•respectively, of the Centre.

SECTION Section 62

Untitled Section

11.(1) The general superintendence, direction, control and management of affairs of

•the undertakings, the right, the interest in relation to which have vested in the Central

•Government under section 7, shall––

(a)where a direction has been made by the Central Government under

•sub-section (1) of section 10, vest in the Centre; or

(b)where no such direction has been made by the Central Government, vest in

•the Custodian appointed by the Central Government under sub-section (2),

•and, thereupon, the Centre or the Custodian so appointed, as the case may be, shall be

•entitled to exercise all such powers and do all such things as the Society, is authorised to

•exercise and do in relation to its undertakings.

(2)The Central Government may appoint any person as the Custodian of the

•undertakings in relation to which no direction has been made by it under sub-section (1) of

SECTION Section 63

Untitled Section

•section 10.

(3)The Custodian so appointed shall receive such remuneration as the Central

•Government may fix and shall hold office during the pleasure of the Central Government.

12.(1) On the vesting of the management of the undertakings in the Centre or on the

•appointment of a Custodian under sub-section ( 2) of section 11, all persons in charge of

•management of the undertakings immediately before such vesting or appointment shall be

•bound to deliver to the Centre or Custodian, as the case may be, all assets, books of account,

•registers and other documents in their custody relating to the undertakings.

(2)The Central Government may issue such directions as it may deem desirable in the

•circumstances of the case to the Custodian as to the powers and duties of the Custodian and

•such Custodian may also, if it is considered necessary so to do, apply to the Central Government

•at any time for instructions as to the manner in which the management of the undertaking

•shall be conducted or in relation to any other matter arising in the course of such management.

(3)Any person who on the specified date, has in his possession or under his control,

•any books, documents or other papers relating to the undertakings shall be liable to account

•for the said books, documents or other papers to the Central Government or the Custodian

•or the Centre, as the case may be, and shall deliver them to the Central Government or the

•Custodian or the Centre or to such person or body of persons as the Central Government or

•the Centre may specify in this behalf.

(4)The Central Government or the Centre may take or cause to be taken, all necessary

•steps for securing possession of all undertakings which have vested in the Central

•Government or the Centre under this Act.

(5)The Society shall, within such period as the Central Government may allow in this

•behalf, furnish to that Government a complete inventory of all its properties and assets, as

•on the commencement of the New Delhi International Arbitration Centre Ordinance, 2019

•pertaining to the undertaking and for this purpose, the Central Government or Custodian or

•the Centre shall afford to the Society, or body all reasonable facilities.

SECTION Section 64

Untitled Section

13.The Central Government or the Custodian or the Centre shall be entitled to receive

•up to the specified date, to the exclusion of all other persons, any money due to the Society

•in relation to its undertakings which have vested in the Central Government or Custodian or

•the Centre, as the case may be, and realised after the commencement of the New Delhi

•Management,

etc., of

undertakings.

•Duties of

•persons in

•charge of

•management

•of

•undertakings

•to deliver all

assets.

Ord.10 of

SECTION Section 65

Untitled Section

2019.

•Certain

•powers of

•Central

•Government

•or Centre.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•6

•International Arbitration Centre Ordinance, 2019, notwithstanding that the realisation pertains

•to a period prior to the commencement of the New Delhi International Arbitration Centre

•Ordinance, 2019.

SECTION Section 66

Untitled Section

14.The objects of the Centre shall be,––

(a)to bring targeted reforms to develop itself as a flagship institution for

•conducting international and domestic arbitration;

(b)to promote research and study, providing teaching and training, and

•organising conferences and seminars in arbitration, conciliation, mediation and other

•alternative dispute resolution matters;

(c)to provide facilities and administrative assistance for conciliation, mediation

•and arbitral proceedings;

(d)to maintain panels of accredited arbitrators, conciliators and mediators both

•at national and international level or specialists such as surveyors and investigators;

(e)to collaborate with other national and international institutions and

•organisations for ensuring credibility of the Centre as a specialised institution in

•arbitration and conciliation;

(f)to set up facilities in India and abroad to promote the activities of the Centre;

(g)to lay down parameters for different modes of alternative dispute resolution

•mechanisms being adopted by the Centre; and

(h)such other objectives as it may deem fit with the approval of the Central

Government.

SECTION Section 67

Untitled Section

15.Without prejudice to the provisions contained in section 14, the Centre shall

•strive,––

(a)to facilitate for conducting international and domestic arbitration and

•conciliation in the most professional manner;

(b)to provide cost effective and timely services for the conduct of arbitration

•and conciliation at national and international level;

(c)to promote studies in the field of alternative dispute resolution and related

•matters, and to promote reforms in the system of settlement of disputes;

(d)to undertake teaching and to provide for diffusion of knowledge of law and

•procedures on alternative dispute resolution and related matters and to award certificates

•and other academic or professional distinction;

(e)to impart training in alternative dispute resolution and related matters to

•those who are handling arbitration, conciliation and mediation;

(f)to co-operate with other societies, institutions and organisations, national or

•international for promoting alternative dispute resolution; and

(g)to perform such other functions as may be entrusted to it by the Central

•Government for promoting alternative dispute resolution.

16.No act or proceedings of the Centre shall be invalid merely by reason of,––

(a)any vacancy or any defect in the constitution of the Centre; or

(b)any defect in the appointment of a person acting as a Member of the Centre; or

(c)any irregularity in the procedure of the Centre not affecting the merits of the

case.

Ord.10 of

SECTION Section 68

Untitled Section

2019.

•Objects of

Centre.

•Functions of

Centre.

•Vacancies,

etc., not to

•invalidate

•proceedings of

Centre.

•5

•10

•15

•20

•25

•30

•35

•40

•7

SECTION Section 69

Untitled Section

17.The Chairperson or the Full-time Member or Part-time Member may, by notice in

•writing, under his hand addressed to the Central Government, resign his office:

•Provided that the Chairperson or the Full-time Member shall, unless he is permitted by

•the Central Government to relinquish his office sooner, continue to hold office until the

•expiry of three months from the date of receipt of such notice or until a person duly appointed

•as his successor enters upon his office or until the expiry of his term of office, whichever is

•the earlier.

18.(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.

SECTION Section 7

Untitled Section

3.Establishment and incorporation of New Delhi International Arbitration Centre.

SECTION Section 70

Untitled Section

19.(1) The Centre may constitute such Committees as may be considered necessary

•to administer various aspects of its functions.

(2)The composition and functions of the Committees referred to in sub-section ( 1)

•shall be such as may be prescribed.

(3)The Committee shall meet at such time and at such places and shall observe such

•rules of procedure in regard to the transaction of business at its meetings including the

•quorum as may be specified by the regulations.

SECTION Section 71

Untitled Section

20.(1) The Chairperson shall ordinarily preside at the meetings of the Centre:

•Provided that, in his absence, the Member chosen by the other Members present

•amongst themselves shall preside at the meetings.

(2)It shall be the duty of the Chairperson to ensure that the decisions taken by the

•Centre are implemented.

(3)The Chairperson shall exercise such other powers and perform such other duties

•as are assigned to him under this Act.

(4)The Centre shall meet at least four times a year and follow such procedure in its

•meetings including quorum at such meetings in such manner as may be specified by the

regulations.

(5)All questions which come up before any meeting of the Centre shall be––

(a)decided by a majority of votes by the Members present and voting, and in

•the event of an equality of votes, the Chairperson or in his absence, the person

•presiding, shall have a casting vote;

•Resignation of

Members.

•Removal of

Members.

•Committees of

Centre.

•Meetings of

Centre.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•8

(b)dealt with as expeditiously as possible and the Centre shall dispose of the

•same within a period of sixty days from the date of receipt of the application:

•Provided that where any such application could not be disposed of within the

•said period of sixty days, the Centre shall record its reasons in writing for not disposing

•of the application within that period.

(6)The Chairperson may invite any expert, not being a Member, to attend the meetings

•of the Centre, but such invitee shall not be entitled to vote at the meeting.

SECTION Section 72

Untitled Section

21.(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 regulations or as may be delegated to him by the Centre.

SECTION Section 73

Untitled Section

22.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 Section 74

Untitled Section

23.(1) There shall be a Secretariat to the Centre consisting of––

(a)Registrar, who shall supervise the activities of the Centre;

(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.

SECTION Section 75

Untitled Section

•CHAPTER IV

•F

•INANCE, ACCOUNTS AND AUDIT

SECTION Section 76

Untitled Section

24.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 Section 77

Untitled Section

25.(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.

•Chief

•Executive

Officer.

•Delegation of

powers.

Secretariat.

•Grants by

•Central

Government.

•Fund of

Centre.

•5

•10

•15

•20

•25

•30

•35

•40

•9

(3)The Fund shall be applied towards meeting the salary and other allowances of

•Members and the expenses of the Centre including expenses incurred in the exercise of its

•powers and discharge of its duties under this Act.

SECTION Section 78

Untitled Section

26.(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.

SECTION Section 79

Untitled Section

27.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 Section 8

Untitled Section

4.Declaration of New Delhi International Arbitration Centre as an institution of national

importance.

SECTION Section 80

Untitled Section

•CHAPTER V

•C

•HAMBER OF ARBITRATION AND ARBITRATION ACADEMY

SECTION Section 81

Untitled Section

28.(1) The Centre shall, establish a Chamber of Arbitration which shall 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.

SECTION Section 82

Untitled Section

29.(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.

•Accounts and

audit.

•Assessment of

•assets and

•liabilities of

undertaking.

•Chamber of

Arbitration.

•Arbitration

Academy.

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SECTION Section 83

Untitled Section

•CHAPTER VI

•MISCELLANEOUS

SECTION Section 84

Untitled Section

30.(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 salary 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

SECTION Section 85

Untitled Section

•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 Section 86

Untitled Section

31.(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––

(a)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.

SECTION Section 87

Untitled Section

32.

•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

•Power to

•make rules.

•Power to make

regulations.

•Laying of

•rules and

regulations.

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•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 Section 88

Untitled Section

33.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 Section 89

Untitled Section

34.(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 two 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.

SECTION Section 9

Untitled Section

5.Composition of Centre.

SECTION Section 90

Untitled Section

35.(1) The New Delhi International Arbitration Centre Ordinance, 2019 is hereby

repealed.

(2)Notwithstanding such repeal, anything done or any action taken under the New

•Delhi International Arbitration Centre Ordinance, 2019, shall be deemed to have been done

•or taken under the provisions of this Act.

•Protection of

•action taken

•in good faith.

•Power to

•remove

difficulty.

•Repeal and

savings.

Ord.10 of

SECTION Section 91

Untitled Section

2019.

Ord.10 of

SECTION Section 92

Untitled Section

2019.

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•STATEMENT OF OBJECTS AND REASONS

•The dispute resolution process has a huge impact on the economy and doing business

•in our country. The rapidly changing economic activity demands expeditious settlement of

•disputes, creation and establishment of mechanism such as institutional arbitration. This is

•necessary to inspire confidence and credibility among the litigants of commercial disputes.

•The huge pendency of cases in courts further underlines the need for strengthening the

•Alternative Dispute Resolution mechanism.

SECTION Section 93

Untitled Section

2.With a view to promote institutional arbitration and to make India a hub of international

•arbitration, a High Level Committee headed by Mr. Justice B. N. Srikrishna former Judge,

•Supreme Court of India was constituted, inter alia , to identify the roadblocks in the

•development of institutional arbitration, examine specific issues affecting the Indian arbitration

•landscape and prepare a roadmap for making India a robust centre for international and

•domestic arbitration.

SECTION Section 94

Untitled Section

3.The Committee, inter alia, recommended that the International Centre for Alternative

•Dispute Resolution, which was set up in the year, 1995, with the Government funds to

•promote alternative dispute resolution mechanism has however not been able to achieve the

•objectives for which it had been set up. The Committee further recommended that International

•Centre for Alternative Dispute Resolution should be taken over with complete revamp of its

•governance structure to include only experts of repute who can lend credibility and

•respectability to the institution and be re-branded as a centre of national importance to

•highlight its character as a flagship arbitral institution.

SECTION Section 95

Untitled Section

4.In view of the above, it has been decided to establish a new institution to be called

•the New Delhi International Arbitration Centre for better management of arbitration in the

•country and to declare it as an institution of national importance. Further, the undertakings

•of the International Centre for Alternative Dispute Resolution needs to be taken over without

•interfering with its activities and without adversely affecting the character of it as a Society,

•so that the existing infrastructure and other facilities which have been set up by the public

•funds provided by the Government may be appropriately utilised by the NDIAC (New Delhi

•International Arbitration Centre) for the overall development of institutional arbitration.

SECTION Section 96

Untitled Section

5.In view of the above, a Bill, namely, the New Delhi International Arbitration Centre

•Bill, 2018 introduced in Lok Sabha on the 5th January, 2018 was passed by that House on the

•4th January, 2019 and was pending in Rajya Sabha.

SECTION Section 97

Untitled Section

6.The Bill envisaged appointment of persons of repute and having knowledge and

•expertise in institutional arbitration as Chairperson and Members of the New Delhi

•International Arbitration Centre. The objects of the New Delhi International Arbitration

•Centre was to bring targeted reforms to develop it as a flagship institution for domestic

•and international arbitration and to conduct arbitration in a professional manner in the

•cost-effective way. The Bill also proposed to set up an Arbitration Chamber, which would

•empanel reputed arbitrators at national and international level. An Arbitration Academy

•was also proposed to be set up by New Delhi International Arbitration Centre to train

•arbitrators in India, so as to empower them to compete on par with reputed arbitral

institutions.

SECTION Section 98

Untitled Section

7.As the Bill was pending for consideration in Rajya Sabha, in the interest of

•promotion of institutional arbitration, it had become expedient to take over the undertakings

•of the International Centre for Alternative Dispute Resolution including its regional offices

•and vest the same in the Central Government before it is finally vested in the New Delhi

•International Arbitration Centre and also to declare the New Delhi International Arbitration

•Centre as an institution of national importance for its overall development as an arbitration

•hub for promoting quick and efficient dispute resolution.

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SECTION Section 99

Untitled Section

8.In view of the above and since both Houses of Parliament were not in session and

•circumstances existed which render it necessary for the President to take immediate action in

•the matter, the New Delhi International Arbitration Centre Ordinance, 2019, was promulgated

•on the 2nd March, 2019, inter alia, for taking over the undertakings of the International

•Centre for Alternative Disputes Resolution. Thereafter, the Sixteenth Lok Sabha was dissolved

•on the 25th May, 2019 and the New Delhi International Arbitration Centre Bill, 2019 pending

•in Rajya Sabha lapsed.