INDIAN COUNCIL OF

ARBRITRATION
What is Arbitration?

• Arbitration is a procedure in which a dispute is

submitted,
• by agreement of the parties, to one or more
arbitrators who make a binding decision on the
dispute.
• In choosing arbitration, the parties opt for a
private dispute resolution procedure instead of
going to court.
CHARACTERISTICS OF ARBRITRATION
• Arbitration is consensual

• The parties choose the arbitrator(s)

• Arbitration is neutral

• Arbitration is a confidential procedure

• The decision of the arbitral tribunal is final and

easy to enforce
The Indian Council of Arbitration

• established in 1965 is the apex arbitral

organisation at the national level.

• Its Rules of Arbitration have recently been

revised based on the Arbitration and
Conciliation Act, 1996.
ica Cont….
• These Rules are of international standard and
they provide a guarantee wished for by the trade
for quick and just settlement of the dispute.

• The Council has entered into arbitration service

agreements with important foreign arbitral
institutions in more than 30 countries to
administer abitrations under their rules if
arbitration is held in India
PANEL:

It maintains a panel of arbitrators

consisting of:
• Retd. Judges, Advocates,
• Shipping Experts, Chartered accountants,
• Chartered Engineers,
• Businessmen,
• Foreign Nationals and Executives having
specialization in more than 20 fields.
Rules of Arbitration of ICA

• The ICA has framed its rules of arbitration

comparable to international standards for
conduct of arbitration proceedings.

• The 1996 Act provides statutory recognition to

conciliation as a distinct mode of dispute
settlement and contains detailed procedure
governing arbitration and conciliation
proceedings.
Rules Cont…
• They are put on the list by the Arbitration
Committee after the latter is satisfied about their
competence, integrity and impartiality to act as
arbitrators. The list also includes foreigners. )
MEMEBERSHIP:

Apart from the Government of India

a)the apex chambers which are founder sponsors
of the Council,
b) a large number of important public sector
undertakings, companies, firms and
c)individuals interested in commercial and
arbitration matters are in the membership of the
Council
Membership Cont..
But membership of the Council does not ipso-
facto entitle a member for inclusion of his name
in the panel of arbitrators

The inclusion of names in the panel is decided

by the Arbitration Committee of the Council
keeping in view the background, qualifications
and experience of the applicant as also the
existing strength of persons on the panel with
similar background and experience in the region
of the concerned person
BENEFITS TO MEMEBERS:
• Membership of the Council basically reflects the
desire to support the institution and the aims,
objects and services rendered by it for the
benefit of the trade and industry
• Issues of the ICA Arbitration Quarterly, the
Journal of the Council, are sent to all members
of the Council on complimentary basis to keep
them informed about the latest development of
the Law & procedure of arbitration and court
decision
Benefits Cont…
• a concession is also allowed to them in the price
of the other publications and literature
published by the Council.
• and assistance is rendered to them with regard
to the drafting of trade contracts and in the
settlement of disputes with Indian and foreign
parties arising under the contracts.
FACILITIES BY COUNCIL:

• Rules are of international standard and they

provide a guarantee wished for by the trade for
quick and just settlement of the dispute.
• The Council also provides arbitration services for
settlement of maritime disputes arising out of
charter party contracts and it has framed
maritime arbitration rules for such disputes.
Facilites cont..
The Council provides facilities for settlement of
international commercial disputes also by
arbitration.
a]To provide technical knowledge on Arbitration Laws
and ADR procedure:
b]the Council organises Conferences/training
programmes (National and International),
c]publishes literature and provides advisory services
to business organisations and
d] arbitration practitioners on trade terms and
arbitration clause. 
Under the rules of arbitration of the
ICA
SOLE ARBRITRATOR
• Where the claim is below
rupees one crore, a sole
arbitrator is appointed
• The sole arbitrator is
appointed by consent of the
parties and, failing such a
consent, the Council appoints
the sole arbitrator.
THREE ARBRITRATORS
• For claims above rupees one
crore, three arbitrators are
appointed
• Where three arbitrators have
to be appointed, each of the
parties appoints one arbitrator
and the Council appoints the
third arbitrator who acts as the
Presiding Arbitrator of the
arbitral tribunal.
Network of ICA
• Service Agreements with Foreign Arbitral
Organisations

• has entered into arbitration service agreement with

USA, UK, Russian Federation, Canada, Italy,
Germany, Singapore, Australia etc.

• Some agreements provide for conduct of

arbitration proceedings by the Council under
the rules of respective foreign arbitration
organisations, if the arbitration hearings are held
in India.
ICA Lawnet –
Online Service of ICA

• The Council has a special website on Internet

called ICANET to provide information on
Arbitration and Commercial Laws.

Regional and State-Level Offices of ICA

• Developed regional offices at Kolkata, Chennai

and Mumbai ,Ahmedabad, Bangalore,
Bhubneshwar, Hyderabad, Pune, Cochin,
Guwahati, and Jaipur
ADVANTAGES
Supporters of arbitration hold that it has a
multitude of advantages over court action. The
following are a sample of these advantages.
• Choice of Decision Maker
• Efficiency
• Privacy
• Convenience
• Flexibility
• Finality
DISADVANTAGES
most commonly perceived drawbacks are-
• Cost
• Limited avenues
• No Appeal
• Narcotic/Chilling Effects
• The court may rule against decision
Need of Arbritration-

• Business Contracts often Require

Arbitration

Typically, many business throughout virtually all

industries in India use arbitration as a means of
rectifying outstanding business disputes

• To Relieve the Congestion in the Courts

It also helps in reliveing the local public from taking dates

of courts and frees from pending decisions of court.
Membership certificate
ICA CONFERENCES….
MEMORANDUM OF ICA…
COURT AND CONFERENCE
FACLITIES
OTHER FACILITIES…
APPLICATION FORM FOR MEMBERSHIP
….