September 13, 2026

Section 43C – Arbitration Act: Composition of Council

Arbitration and Conciliation Act, 1996 — back to Table of Contents

Section 43C. Composition of Council

(1) The Council shall consist of the following Members, namely:—

  • (a) a person, who has been, a Judge of the Supreme Court or Chief Justice or Judge of a High Court or an eminent person having special knowledge and experience in the conduct or administration of arbitration, to be appointed by the Central Government in consultation with the Chief Justice of India — Chairperson;
  • (b) an eminent arbitration practitioner having substantial knowledge and experience in institutional arbitration, both domestic and international, to be nominated by the Central Government — Member;
  • (c) an eminent academician having experience in research and teaching in the field of arbitration and alternative dispute resolution laws, to be appointed by the Central Government in consultation with the Chairperson — Member;
  • (d) Secretary to the Government of India, Department of Legal Affairs, Ministry of Law and Justice or his representative not below the rank of Joint Secretary — Member, ex officio;
  • (e) Secretary to the Government of India, Department of Expenditure, Ministry of Finance or his representative not below the rank of Joint Secretary — Member, ex officio;
  • (f) one representative of a recognised body of commerce and industry, chosen on rotational basis by the Central Government — Part-time Member; and
  • (g) Chief Executive Officer — Member Secretary, ex officio.

(2) The Chairperson and Members referred to in clauses (a), (b) and (c) of sub-section (1) shall be appointed for a term of three years and shall be eligible for re-appointment for another term:

Provided that no person shall hold office as Chairperson and Member after he has attained the age of seventy years and sixty-seven years, respectively.

(3) The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and Members referred to in clauses (a), (b) and (c) of sub-section (1) shall be such as may be prescribed by the Central Government.