The India International Arbitration Centre (IIAC), established under the India International Arbitration Centre Act, 2019, promotes independent, autonomous, and world-class institutional arbitration in India. To position the country as a global arbitration hub, IIAC introduced the India International Arbitration Centre (Conduct of Arbitration) Regulations, 2023. Additionally, the Mediation Act 2023 aligns these regulations with international best practices.
Under Section 28 of the Act, IIAC formed a Chamber of Arbitration comprising renowned domestic and international arbitration practitioners. The Chamber empanels reputed arbitrators for both domestic and international cases. This is done following the IIAC (Criteria for Admission to the Panel of Arbitrators) Regulations, 2023.
Workshops, Training & Awareness Programs
IIAC actively conducts workshops, conferences, and seminars to promote alternative dispute resolution (ADR). In May 2024, it collaborated with the Royal Institution of Chartered Surveyors to organize a mediation training program. This was hosted at its Vasant Kunj, New Delhi premises.
Collaborations & Strategic Partnerships
IIAC has signed Memorandums of Understanding (MoUs) with institutions like IIM Rohtak and Rashtriya Raksha University. These efforts aim to advance ADR as a preferred dispute-resolution method.
Standardizing Arbitration & Mediation Practices
While arbitral institutions and mediation service providers set their own empanelment criteria, IIAC ensures structured arbitrator selection through its Chamber of Arbitration under Section 28 of the Act. In addition, Section 41 of the Mediation Act, 2023, mandates mediation service providers to maintain a panel of mediators. This enhances ADR quality in India.
IIAC continues to expand its role as a model arbitral institution, fostering a robust institutional arbitration framework in India.
Enhancing Commercial Dispute Resolution Through Mediation
Section 12A of the Commercial Courts Act, 2015 mandates pre-institution mediation and settlement (PIMS) for commercial disputes of specified value. This must be done before filing a suit, except in urgent cases. Parties must first attempt mediation to resolve disputes amicably, reducing court litigation.
Strengthening PIMS Under the Mediation Act, 2023
To improve PIMS efficiency, the Mediation Act, 2023 amended Section 12A of the Commercial Courts Act, 2015. This amendment empowers Mediation Service Providers, notified by the Central Government, to conduct PIMS. Alongside this, Legal Services Authorities under the Legal Services Authorities Act, 1987 are also empowered.
Promoting Alternative Dispute Resolution (ADR)
The Government actively promotes ADR mechanisms, including mediation. On November 26, 2023, during Constitution Day celebrations, the Department of Legal Affairs, Ministry of Law & Justice, released “A Guide to Alternative Dispute Resolution” to raise awareness. The India International Arbitration Centre (IIAC) also organizes workshops and seminars to encourage efficient, cost-effective dispute resolution methods.
Mediation Act, 2023: A Legislative Milestone
The Mediation Act, 2023 establishes standalone legislation to promote a culture of amicable dispute resolution. The Government collaborates with stakeholders, including High Courts and the National Legal Services Authority, to ensure effective implementation and widespread awareness of the Act.
Reference
Initiatives and reforms in arbitration, mediation and dispute resolution
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