You are on page 1of 2

Most important features of the 2019 Amendment are:

1) The bill aims to establish an independent body called Arbitration Council of India (ACI).
The main aim is to promote all form of alternate dispute resolution mechanisms like
arbitration, conciliation and mediation.

Functions

Functions of ACI would include framing policies for grading arbitral institutions and accrediting
arbitrators. It also includes making policies for establishment, operation and maintenance of
uniform professional standards for all alternate dispute redressal matters. It will maintain a
depository of arbitral awards made in India and abroad.

Appointments

The government, in consultation with the Chief Justice of India, will appoint the chairperson of
the ACI. The chairperson has to be a judge of the Supreme Court or Chief Justice of a high court
or a judge of a high court or an eminent person, having special knowledge and experience in the
conduct or administration of arbitration.

 Supreme Court designated institutions will be appointing arbitrators in case of


international arbitration.
 In case of high court jurisdictions, where no graded arbitral institution is available, Chief
Justice of the concerned high court may maintain a panel of arbitrators to discharge
functions and duties.
 For domestic arbitration, appointments will be made by the institution designated by the
concerned high court.

2) Appointment of arbitrator
It proposes to make arbitration in India more effective and less burdensome on the courts.
Initially the courts had to appoint the arbitrators where the courts are already burdened
with all the cases, the amendment would make it easier and less burdensome as the
appointment of arbitrators would be done by ACI now. An application for appointment of
an arbitrator is required to be disposed of within 30 days. They will provide the parties
with a list of arbitrators to choose from. To speed up the arbitration process it also seeks
to bring in the time restriction of 6 months from the appointment of arbitrator within
which the parties have to submit their pleas.

3) Another important feature of the 2019 bill is that it proposes to remove time restriction
for international commercial arbitrations and says tribunals must try to dispose of
international arbitration matters within 12 months.

4) Confidentiality with regard to the proceedings must be maintained except for the award
when in certain cases the award needs to be enforced or implemented.

You might also like