J&K HC Approves Establishment Of Court Annexed International Arbitration Centre

The aim is to provide an institutionalized framework for speedy and expeditious resolution of disputes through alternate dispute resolution mechanism.

As per a press release issued to this eefct,

"The setting up of Jammu and Kashmir International Arbitration Centre shall go a long way in achieving the object behind enactment of Section 89 Civil Procedure Code and at the same time shall ensure that arbitration proceedings remain inexpensive and are carried out within shortest possible time."

To ensure that constitution of such Centre is smooth and effective, the High Court has also framed the JKIAC International Management Rules, 2020.

As per these rules, Chief Justice of the J&K High Court shall be the Patron-in-Chief of Centre. To monitor and oversee the Centres, an Arbitration Committee shall be constituted, consisting of:

• three Judges of the High Court
• Advocate General
• Assistant Solicitor General
• three members nominated by the HC Chief Justice (out of whom at least one shall be designated Senior Advocate, while others may be any arbitration expert, in India or abroad)

To supervise and manage the JKIAC, a Secretariat consisting of Coordinator who shall be member of Higher Judicial Service and two additional coordinators who shall be Members of Judicial Service, have to be appointed by the Chief Justice.

The rules further envisage appointment of Chief Counsel and Deputy Counsel amongst Advocates having experience in the field of arbitration.

As per the Rules, the JKIAC has to prepare and maintain a Panel of Arbitrators as approved by the Arbitration Committee from time to time from amongst persons who are suitable and willing to serve as arbitrators. The empanelment of the Arbitrators shall consist of:

• Former Judges
• Former Judicial Officers
• Chartered Accountants
• Bureaucrats
• Engineers
• Architects
• Professors, etc.

Similarly, for dealing with the arbitration proceedings in such Centres, JKIAC Arbitration Proceedings Rules, 2020 have also been framed by the High Court.

For regulating administrative fee of the Centre and Arbitrator's fee, the JKIAC Administration Pass and Arbitrator's Fee Rules, 2020 have been framed.

Pertinently, Courts annexed Arbitration Centres are successfully functioning at Delhi, Chandigarh, Bangalore, Chennai (Madras) and Cuttack (Orrisa).