Arbitration and Conciliation Act, 1996 — back to Table of Contents
Section 43D. Duties and functions of Council
(1) It shall be the duty of the Council to take all such measures as may be necessary to promote and encourage arbitration, mediation, conciliation or other alternative dispute resolution mechanisms and for that purpose to frame policy and guidelines for the establishment, operation and maintenance of uniform professional standards in respect of all matters relating to arbitration, mediation, conciliation or other alternative dispute resolution mechanisms and such policy and guidelines may provide for—
- (a) grading of arbitral institutions or bodies in accordance with the norms and criteria specified by regulations;
- (b) recognising professional institutes providing accreditation of arbitrators;
- (c) reviewing the grading of arbitral institutions and arbitrators;
- (d) holding training, workshops and courses in the areas of arbitration and other alternative dispute resolution mechanisms in collaboration with law firms, law universities and arbitral institutions;
- (e) framing, reviewing and updating norms to ensure satisfactory level of arbitration and conciliation cases;
- (f) making recommendations to arbitral institutions for enhancement of standard of arbitration and conciliation;
- (g) specifying the norms for the fees of the arbitral tribunal and any other charges relating to the arbitration and conciliation proceedings;
- (h) identifying and recognising arbitral institutions imparting education and training and organising workshops or courses in the said areas;
- (i) recognising professional institutes providing accreditation of mediators and conciliators or other alternative dispute resolution service providers;
- (j) organising international and domestic conferences and other agenda in the area of arbitration to project India as a robust centre for domestic and international arbitration;
- (k) taking all such steps as may be necessary to bring targeted reforms for developing India as a hub for institutional arbitration for both domestic and international arbitration;
- (l) making recommendations to the Central Government on various measures to be adopted to make provisions for easy resolution of commercial disputes;
- (m) promoting institutional arbitration by strengthening arbitral institutions;
- (n) maintaining a depository of arbitral awards made in India and in a foreign country, including awards made under this Act, in such manner as may be specified by the regulations; and
- (o) such other functions as may be decided by the Central Government.
(2) The Council shall be entitled to collect such fees as may be specified by the regulations for the purpose of performing the functions under sub-section (1), including for grading of arbitral institutions and accreditation of arbitrators.
(3) For the purposes of performing the duties and discharging the functions under this Act, the Council may constitute one or more Committees consisting of such Members and for discharging such functions as it may deem necessary.
