Arbitration and Conciliation Act Section 43D — Duties and functions of Council

CHAPTER X — Miscellaneous

Civil

Summary

Sub-section (1) states that the Council's main duty is to take all necessary steps to promote and encourage arbitration, mediation, conciliation, or other alternative dispute resolution methods. To do this, it must frame policies and guidelines for setting up, running, and maintaining uniform professional standards in all matters related to arbitration.

Under sub-section (2), the Council may perform a range of functions to carry out its duties under the Act. Clause (a) allows it to frame policies for grading arbitral institutions. Clause (b) lets it recognise professional institutes that provide accreditation for arbitrators. Clause (c) permits it to review the grading of both arbitral institutions and arbitrators.

Clause (d) of sub-section (2) allows the Council to hold training, workshops, and courses in arbitration, in collaboration with law firms, law universities, and arbitral institutes. Clause (e) lets it frame, review, and update norms to ensure a satisfactory level of arbitration and conciliation. Clause (f) permits it to act as a forum for exchanging views and techniques to make India a strong centre for domestic and international arbitration and conciliation.

Clause (g) of sub-section (2) allows the Council to make recommendations to the Central Government on measures to make the resolution of commercial disputes easier. Clause (h) lets it promote institutional arbitration by strengthening arbitral institutions. Clause (i) permits it to conduct examinations and training on subjects related to arbitration and conciliation, and to award certificates for these.

Clause (j) of sub-section (2) allows the Council to establish and maintain a depository of arbitral awards made in India. Clause (k) lets it make recommendations regarding the personnel, training, and infrastructure of arbitral institutions. Clause (l) permits it to carry out any other functions as decided by the Central Government.

Official Text

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(1) It shall be the duty of the Council to take all such measures as may be necessary to promote and encourage arbitration, mediation, conciliation or other alternative dispute resolution mechanism and for that purpose to frame policy and guidelines for the establishment, operation and maintenance of uniform professional standards in respect of all matters relating to arbitration.

(2) For the purposes of performing the duties and discharging the functions under this Act, the Council may—

(a) frame policies governing the grading of arbitral institutions;

(b) recognise professional institutes providing accreditation of arbitrators;

(c) review the grading of arbitral institutions and arbitrators;

(d) hold training, workshops and courses in the area of arbitration in collaboration of law firms, law universities and arbitral institutes;

(e) frame, review and update norms to ensure satisfactory level of arbitration and conciliation;

(f) act as a forum for exchange of views and techniques to be adopted for creating a platform to make India a robust centre for domestic and international arbitration and conciliation;

(g) make recommendations to the Central Government on various measures to be adopted to make provision for easy resolution of commercial disputes;

(h) promote institutional arbitration by strengthening arbitral institutions;

(i) conduct examination and training on various subjects relating to arbitration and conciliation and award certificates thereof;

(j) establish and maintain depository of arbitral awards made in India;

(k) make recommendations regarding personnel, training and infrastructure of arbitral institutions; and

(l) such other functions as may be decided by the Central Government.