1.Arbitration Council of India Delay (ADR Regulation)

What & Where
Arbitration Council of India (ACI): statutory regulator of institutional arbitration under Part IA, Arbitration & Conciliation Act 1996.
Core processes: grading institutions, accrediting arbitrators, maintaining award-depository, promoting ADR (arbitration, mediation, conciliation).
Territorial reach: pan-India; headquarters yet to be notified by Union Government.
Quick Facts for MCQs
Composition & Appointment
- Membership: eminent practitioners, academicians, ex-officio govt reps besides Chair.
- Tenure & conditions: determined by Central Govt rules framed under the Act.
- Independence concern: dominance of govt appointees when State is biggest litigant.
Mandate & Powers
- Grading: objective evaluation of arbitral institutions for quality, fee structure, infrastructure.
- Accreditation: individual arbitrator certification, potential exclusion of foreign professionals.
- Repository: national database of arbitral awards to aid precedent consistency.
Regulatory Challenges
- Unlimited accreditation risk: quality dilution, administrative overload unlike single-hub models of Singapore/Hong Kong.
- Exclusionary stance: foreign lawyer bar may deter global parties choosing India seat.
- Delay fears: absence of ACI hampers uniform standards six years after legal provision.
Draft 2024 Bill Changes
- Deadline control: institutions may extend award date, cut fees for tribunal-caused delay.
- Interim relief shift: courts’ Section 9 power limited; emergency arbitrators gain primacy.
- New Section 9-A: interim measures allowed post-commencement, pre-tribunal constitution.
Key Data Points
| Feature | Data-Point |
|---|---|
| Enabling amendment | Arbitration & Conciliation (Amendment) Act 2019 |
| Act location | Part IA, Sections 43A–43M |
| Chairperson appointing body | Central Govt + consultation with CJI |
| Eligible Chair profiles | ex-SC Judge / ex-HC CJ-Judge / eminent arbitration practitioner |
| Parent committee | Justice B.N. Srikrishna Committee 2017 |
| Distinct from | Indian Council of Arbitration (ICA, 1965, non-governmental) |
| Draft 2024 Bill focus | Revised “arbitral institution”, emergency arbitrator powers, deadline control |
| Typical dispute scope | Commercial, civil, international conflicts outside regular courts |







