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Sections
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Regulation - 1. Short title and commencement
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Regulation - 2. Definitions
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Regulation - 3. Composition and Members of the Chamber of Arbitration
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Regulation - 4. Panel of arbitrators
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Regulation - 5. Application for empanelment
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Regulation - 6. Criteria for empanelment of arbitrator
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Regulation - 7. Period of empanelment
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Regulation - 8. Application for re-empanelment
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Regulation - 9. Tenure of the members of the Chamber of Arbitration
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Regulation - 10. Decisions of the Chamber of Arbitration
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Regulation - 11. Practice directions
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Regulation - 12. Power to relax
India International Arbitration Centre
(Criteria For Admission To The Panel Of Arbitrators) Regulations, 2023
[31st March 2023]
In
exercise of the powers conferred by sub-section (3) of section28 read with
clause (e) of sub-section (2) of section 31 of the India International
Arbitration Centre Act, 2019 (17 of 2019), the India International Arbitration
Centre hereby makes the following regulations, namely:
Regulation - 1. Short title and commencement
(1)
These
regulations may be called the India International Arbitration Centre (Criteria
for Admission to the panel of arbitrators) Regulations, 2023.
(2)
They
shall come into force on the date of their publication in the Official Gazette.
Regulation - 2. Definitions
(1)
In
these regulations, unless the context otherwise requires,-
(a)
"Act"
means the India International Arbitration Centre Act, 2019;
(b)
"Arbitration
Act" means the Arbitration and Conciliation Act, 1996;
(c)
"Centre"
means the India International Arbitration Centre established and incorporated
under section 3 of the Act;
(d)
"Chamber
of Arbitration" means the Chamber of Arbitration as provided under section
28 of the Act;
(e)
"Chairperson"
means the Chairperson of the Centre referred to in clause (a) of section 5 of
the Act;
(f)
"panel
of arbitrators" means the panel of arbitrators maintained by the Centre in
accordance with regulation 4;
(g)
"practice
directions" means the directions issued by the Centre from time to time
for the purpose of empanelment of arbitrators by the Chamber of Arbitration;
(h)
"Registrar"
means the Registrar of the Centre.
(2)
All
other words and expressions used herein but not defined shall have the same
meanings asassigned to them in the Act or the Arbitration Act, as the case may
be.
Regulation - 3. Composition and Members of the Chamber of Arbitration
(1)
In
terms of section 28 of the Act, the Chamber of Arbitration shall consist of
members who are experienced arbitration practitioners of repute, at national
and international level, and persons having wide experience in the area of
alternative dispute resolution.
(2)
The
Centre would invite persons of repute, at national and international level, and
having wide experience in the area of arbitration and alternative dispute
resolution to be a member of the Chamber of Arbitration.
Regulation - 4. Panel of arbitrators
(1)
Pursuant
to section 28 of the Act, the Chamber of Arbitration shall empanel arbitrators
and maintain the panel of arbitrators from amongst persons who are proficient
and willing to serve as arbitrators subject to their expertise and experience,
for either domestic or international arbitration or both, as may be determined
by the Chamber of Arbitration.
(2)
The
Chamber of Arbitration may at any time add new names to the panel of
arbitrators or remove the name of any person from the panel of arbitrators as
it deems fit.
Regulation - 5. Application for empanelment
(1)
An
applicant wishing to apply to be on the panel of arbitrators shall be a person
having appropriate level of expertise and experience either in domestic
arbitration, international arbitration or both and shall be of good standing
and character. The application shall preferably be made online on the website
of the Centre (www.indiaiac.org).
(2)
An
application for empanelment as an arbitrator may also be made as per the Form
annexed to these regulations. The Form shall be submitted to the office of the
Registrar, who shall be the Member Secretary of the Chamber of Arbitration,
accompanied by a non-refundable fee of ten thousand rupees in Indian currency
or such fee as may be revised from time to time by the Centre.
(3)
An
application for empanelment shall be put up by the Registrar before the Chamber
of Arbitration for scrutiny and consideration of such application.
(4)
Upon
scrutiny of the application, the members of the Chamber of Arbitration may hold
an interaction with the applicant before according approval to the applicant to
be enrolled on the panel of arbitrators or rejecting the application.
Regulation - 6. Criteria for empanelment of arbitrator
(1)
The
Chamber of Arbitration shall empanel the arbitrators on the basis of following
criteria, namely:-
(i)
the
applicant shall not be less than thirty five years and not more than seventy
five years of age;
(ii)
the
educational qualifications and experience of the applicant shall be largely
relevant to the applicants field of expertise or of conduct of arbitration
proceedings either as a sole arbitrator or as a member of any Arbitral
Tribunal, within the last five years or otherwise related to the field of
arbitration;
(iii)
the
applicant shall furnish a statement that he has not been found guilty by a
Court for any criminal offence, or for misconduct after conduct of disciplinary
proceedings and that no criminal case or any departmental proceeding is pending
against him:
Provided
that the Chamber of Arbitration may even otherwise invite eminent persons
having specialised knowledge and substantial relevant experience in the field
of arbitration for being empaneled on the panel of arbitrators.
(2)
The
decision of the Chamber of Arbitration for the inclusion of the name of a
person or otherwise on the panel of arbitrators shall be final.
Regulation - 7. Period of empanelment
The empanelment of an arbitrator with the Centre shall be for a maximum period
of five years.
Regulation - 8. Application for re-empanelment
(1)
The
arbitrator so empaneled may make a fresh application for reempanelment along
with the notified fee on completion of the term of empanelment.
(2)
The
Chamber of Arbitration, may, while considering the application for
re-empanelment, consider the work and conduct of the applicant during the term
preceding the application for re-empanelment.
(3)
The
decision on the arbitrators re-empanelment shall be taken by the Chamber of
Arbitration, which reserves the right to re-empanel the arbitrator or not and
such decision of the Chamber of Arbitration shall be final.
Regulation - 9. Tenure of the members of the Chamber of Arbitration
(1)
A member
of the Chamber of Arbitration shall ordinarily have a term of two years and
shall be eligible for reappointment.
(2)
Any
member of the Chamber of Arbitration can relinquish his membership after giving
one month notice to the Centre.
(3)
The
members of the Chamber of Arbitration shall be at liberty to conduct
arbitration proceedings entrusted to them by other arbitral institutions or
Courts or upon being appointed as arbitrator by the parties other than parties
approaching the Centre.
Regulation - 10. Decisions of the Chamber of Arbitration
(1)
The
Chamber of Arbitration may consider applications for empanelment of arbitrators
for domestic and international arbitration separately.
(2)
The
decisions regarding such empanelment shall be taken by the Chamber of Arbitration
by consensus.
(3)
In
case no consensus is reached between the members regarding empanelment or
otherwise, the decision of the Chairperson of the Centre shall be final and
binding.
Regulation - 11. Practice directions
The Centre may from time to time issue practice directions which may be
considered necessary for the purposes of empanelment of arbitrators by the
Chamber of Arbitration and such practice directions may be published on the
website of the Centre for the information of all concerned.
Regulation - 12. Power to relax
Where the Centre is of the opinion that it is necessary or expedient so to do,
it may, by order and for reasons to be recorded in writing, relax any of the
provisions of these regulations with respect to any class or category of
persons.
FORM
[see regulation 5 (2)]
CURRICULUM VITAE
(For use of the India International
Arbitration Centre. The arbitrators experience and the basic personal details
shall be put on the Centres website)
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Personal
Information: |
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First name |
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Middle
name and Last name |
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Date of
Birth |
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Residential
address |
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Telephone
number |
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Office
number |
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E-mail ID |
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Business
address |
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Website,
if any |
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Correspondence
Address |
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Professional
Information: |
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Academic
qualifications |
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Current
occupation, professional activity(ies) |
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Please
select the applicableprofession: |
(a) Former
Judge (b)
Advocate (c)
Engineer (d)
Chartered Accountant / Company Secretary / Cost & Works Accountant (e)
Architect (f)
Service including senior officers of the Govt. (g) Others
(please specify)
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If (a) |
The date
of appointment The date
of retirement Last
position held Experience
in arbitration, mediation, or conciliation.
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If (b), (c),
(d) or (e) |
In case of
a professional, enrolment number, date of enrolment as a professional and the
details of authority/regulator where enrolled; Length of
professional experience in the field of arbitration; Areas of expertise for
becoming an arbitrator and conducting arbitration; Net
professional income of the last three preceding years as per Income Tax
Return.
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If (f) or (g)
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Please
provide requisite pari materia details in terms of the above.
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In case of
applicant being a retired official, mention whether any penalty was imposed
pursuant to departmental proceedings along with relevant details of penalty
or whether any disciplinary proceedings are pending. If so, details thereof. |
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In case of
applicant being a professional, whether any disciplinary proceedings were
initiated and decided or are pending against the applicant with the regulator
of/ complaint authority relating to the profession. If so,details thereof
including the details of the professional regulator/ complaint authority |
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In case the
applicant is presently employed as member of any
Tribunal/Authority/quasijudicial body in Government or in autonomous body,
provide name of the Tribunal/ Authority/body with designation along with
tenure and no objection certificate on behalf of the Tribunal/Authority/ body
to the applicant for being empanelled as arbitrator and conduct of
proceedings as arbitrator |
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In case the
applicant is empaneled as an arbitrator with any other institution, the
name/s of the institution/s with the date of empanelment, in chronological
order may be provided. |
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Number of
arbitration matters conducted by the applicant as an arbitrator in ad hoc
Arbitrations (as sole arbitrator or otherwise). |
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Number of
cases conducted by the applicant as a member of arbitral tribunal (sole
arbitrator or otherwise) under the aegis of an arbitral institution |
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Number of
litigations conducted by the applicant before Courts in arbitration matters
(only in case applicant is from the category of advocates). |
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Details of
academic achievements/publications and articles/writings by the applicant
including in area of arbitration, along with the name of journal/book/
publication. |
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Experience of
applicant in other fields of alternative dispute resolution mechanisms such
as mediation / conciliation. |
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Specify
whether application for empanelment is for domestic arbitration or
international arbitration or both. |
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Any specific
preference with respect to venue (city) for conduct of arbitration
proceedings, when the applicant may be considered for appointment. |
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Any other
information/details which the applicant may like to furnish. |
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Declaration and Consent
The
information given above is true and correct to my knowledge.
The
Centre is hereby authorized to place my personal details and the details of my
experience on the Centres website.
Signature
of the applicant:________________________
Date:
______
Place
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Checklist
of documents to be submitted along with the application: |
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1 |
Statement
of the applicant that he has not been found guilty by a Court for any
criminal offence, or for misconduct after conduct of disciplinary proceedings
and that no criminal case or any departmental proceeding is pending against
him.
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2 |
In case
the applicant is a professional, certificate of enrolment with the
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3 |
Supporting
documents for educational qualifications and experience of the applicant
relevant to the applicant’s field of expertise or of conduct of arbitration
proceedings either as a sole arbitrator or as a member of any Arbitral
Tribunal, within the last five years or otherwise related to the field of
arbitration.
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4 |
In case
the applicant is a retired government employee, a vigilance
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5 |
Income tax
returns of the applicant for preceding two years (only in case of applicants
from categories other than Service & former Judge).
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6 |
List of
cases conducted by the applicant as an arbitrator/member of an
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7 |
Year wise
number of arbitral awards published by the applicant as an arbitrator/member
of an arbitral tribunal.
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8 |
List of
arbitration matters where applicant has appeared before arbitral tribunal.
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9 |
Number and
list of arbitration-related matters conducted by the applicant before Courts.
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10 |
Copies of
judgments pronounced by courts in arbitration matters conducted by the
applicant.
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11 |
Details of
academic achievements, publications, articles/writings of the applicant
including in the area of Arbitration.
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