Regional Arbitration Centres

This article discusses Regional Arbitration Centers. Arbitration is one of the forms of Alternative Dispute Resolution. Unlike the other forms of ADR, i.e. Negotiation, Mediation, Conciliation, etc., arbitration is a law-based process. Guidelines formulated by special organizations are followed as procedural rules in arbitration. The UNICTRAL model rules on arbitration are popularly followed as guidelines for arbitration. Countries such as India, Brazil, China, and the US have adopted the rules and formulated them as domestic laws.

The place of arbitration is a matter of immense debate and discussion among the legal fraternity. The place of arbitration, which is often called the ‘seat of arbitration’ determines the procedural law governing the arbitration and the enforceability of the arbitral award. Section 20 of the Arbitration and Conciliation Act, 1996 specifies that the primary choice for the determination of the place of arbitration is given to the parties. This relates to Article 20 of the UNICTRAL model rules on international commercial arbitration.

In the international level, there are several world-class organisations to propagate ADR and speed up the process of justice. Similarly, at the domestic level, there are organizations that provide ADR services. In this article, we will find out about a few of the important regional arbitration centers.

Arbitration centres in India

Several institutions in India provide arbitration facilities. Some of them are

• Council For National and International Commercial Arbitration (CNICA)

CNICA is one of the trusted Alternate Dispute Resolution centres. Established in the year 2004, the centre is located in Chennai. The services that CNICA provides include International and Domestic Commercial Arbitration, Mediation and Conciliation. The council attends to both domestic as well as international clients. It is one of the premier institutes helping to resolve disputes through the process of ADR.

Council For National and International Commercial Arbitration (CNICA) is a patron of domestic and international arbitration and endeavours to ensure quality arbitration services.

The objective of the Council For National and International Commercial Arbitration (CNICA) is administration of quality service of internation and domestic arbitration and to provide the best platform for Arbitration and ADR mechanisms.

The Council For National and International Commercial Arbitration (CNICA) panel of arbitrators consists of eminent legal practitioners, retired High Court and Sub-ordinate Judges, Engineers, Chartered Accountants, Corporate secretaries, Medical practitioners, Surveyors, Valuers, Architects, In- house lawyers, etc.

In addition to the arbitration services, the Council For National and International Commercial Arbitration (CNICA) ensures transparency in arbitration by publishing the fee structure of individual cases.

• Delhi High Court Arbitration Centre (DAC)

Delhi International Arbitration Centre (DAC) was established on the 25th of November, 2009. The main objective of DAC is to facilitate the resolution of disputes through alternative methods of dispute resolution (ADR).DAC understands the advantages of ADR mechanisms.

The rules of DAC are devised in a way to provide efficient arbitration facilities. The panel of arbitrators of the DAC consists of eminent legal personalities, including Retired Judges of the Supreme Court and High Courts, Retired District and Sessions Judges, Senior Advocates, Advocates, Engineers, Architects, etc. The organization has a secretariat that looks after the administration of the centre and a group of lawyers who work incessantly to provide the best arbitration facilities.

Under the leadership of its then Chief Justice, Mr. Justice Ajit Prakash Shah, the Delhi International Arbitration Centre (DIAC), formerly Delhi High Court Arbitration Centre, was established by the High Court on 25^th November 2009 by Mr. Justice K.G. Balakrishnan, the then Chief Justice of India

“The need of the hour is institutionalization of arbitration in India. Inauguration of Delhi High Court Arbitration Centre is a momentous occasion not only for the High Court but also for the Indian Judiciary. This Centre would act as an effective institution to realize the objectives of ADR. With the inauguration of this Centre, we are moving a step forward to ensure the delivery of speedy and effective justice.”[1

• Federation of Indian Chambers of Commerce and Industry Arbitration and Conciliation Tribunal (FACT)

The Federation of Indian Chambers of Commerce and Industry (FICCI) is the largest and oldest apex organization. It was established in the year 1927. In the year 1952, FICCI established FACT to provide arbitral services for the settlement of commercial disputes of a domestic as well as international nature. FACT has a team of qualified and efficient arbitrators in its nodal office in New Delhi and its offices in other countries as well.

The objective of FACT is to offer cutting-edge ADR services for business disputes. The team understands the problems of business dispute resolutions and thus ensures confidentiality, neutrality, and transparency. FACT gives all the other support services required in arbitration and conciliation proceedings, supervision of arbitration proceedings, arbitrator appointment, choosing the seat of arbitration and disclosing the fee structure.

• Indian Council of Arbitration

The institution is one of the initiatives taken to promote alternative methods for dispute resolution with the government's support. Indian Council of Arbitration (ICA), has emerged as a leading destination for several commercial companies that are intended for the speedy disposal of disputes.

The ICA was established in 1965 as a specialized arbitral body at the national level with the initiatives of the Govt. of India, FICCI, etc. It is located in New Delhi. The major objective of ICA is to provide efficient ADR service to administer speedy justice.

According to the original documents, the ICA has expanded its extent to international arbitrations. It is being considered the most popular ADR centre in India. The ancillary functions of the ICA include promoting education on Alternative Dispute Resolution. The extent of the arbitration subjects ranges extensively, covering a plethora of subjects from commercial to maritime arbitration facilities.

• Indian Institute of Arbitration & Mediation

IIAM is one of the prominent institutions of India which provides ADR services, including domestic and international commercial arbitration, mediation, and negotiation in addition to it, it organizes training programs for a professional understanding of the practice of negotiation, mediation, and arbitration. IIAM was established in the year 2001. It is a non-profit organization. Its program LEADR for the students provides training opportunities to the students interested in the process of ADR.

IIAM is the first institution in India to be approved but the International Mediation Institute(IIMI) at the Hague, Netherlands. IIAM is a member of the Asian Mediation Associaton, Asia Pacific Regional Arbitration Group.

• International Centre for Alternative Dispute Resolution (ICADR)

The International Centre for Alternative Dispute Resolution (ICADR) is an initiative by the Government of India to ensure that the problems in the justice dispensing system of the country are revolutionized. The ICADR is an autonomous organization working under the aegis of the Ministry of Law & Justice, Govt. of India, with its headquarters in New Delhi and Regional Centers at Hyderabad and Bangalore. The nodal centre is under the union government, while the regional centres work under the aegis of the State Governments.

The Chief Justice of India is the Patron of The International Centre for Alternative Dispute Resolution (ICADR). At the regional level, the Chief Justice of the concerned High Court is the Patron of the Regional Centre of ICADR. Dr. H.R.Bhardwaj, Former Union Minister for Law & Justice, Government of India is the current Chairman of ICADR.

• LCIA India and

LCIA chapter operates under a three-tier structure comprising the Board of Directors, the Arbitration Court, and the Secretariat. The board of directors handles the business of the organization. The board does not undertake arbitration directly but assists in the organisation's growth.

LCIA India was established in 2009. The major objective of constructing LCIA is to provide ADR facilities to the parties. LCIA is proud of its panel of efficient lawyers and arbitrators to provide service in the domestic and international fields.

• Mumbai Centre for international arbitration

The Mumbai Centre for International Arbitration (MCIA) is a unique initiative by joint initiative between the Government of Maharashtra and the domestic and international business and legal communities focused on the administration of justice through alternative dispute resolution methods.

The MCIA aims to rise to the zenith of the arbitration institutes by providing client-oreience, confidential, transparent and neutral arbitration and ADR services. The organization is intent at using all the relevant technologies to build an ADR culture in society.

[1] “Delhi high court arbitration centre.” Delhi high court arbitration centre, www.dacdelhi.org/.

[2] About Clear IAS TeamClearIAS.com provides free IAS online coaching, and Subramanian Natarajan Says. “Arbitration in India – Mechanism, and Challenges.” ClearIAS, 30 Sept. 2017, www.clearias.com/arbitration-in-india/.

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