CHARTER OF THE DELHI HIGH COURT CONSTITUTING DELHI
DELHI INTERNATIONAL ARBITRATION CENTRE (DIAC)
WHEREAS right to fair, speedy and inexpensive justice is inherent in every litigant; and
WHEREAS Section 89 of the Code of Civil Procedure as inserted by amendment Act of 1999 requires the Court to facilitate and encourage litigating parties to take recourse to ADR mechanisms and mandates the Court, where it finds existence of elements of settlement, to formulate the terms of settlement and to refer the parties to any of the four alternative modes of settlement out of court including arbitration; and
WHEREAS the object of the said newly inserted provision was obviously to promote alternative methods of dispute resolution, absence of detailed modalities therein, recourse to such ADR mechanisms remained somewhat dormant.
WHEREAS the Hon’ble Supreme Court in its decision in Salem Advocate Bar Association, Tamil Nadu v. UOI (2006) 6 SCC 344 having adopted the reports of the Committee constituted by it to ensure that the amendments become effective and result in quicker dispensation of justice and has desired that all concerned should take follow up action; and
WHEREAS the said Committee inter alia suggested preparation and maintenance of manuals for alternative methods for resolution of disputes and panel of arbitrators, mediators, conciliators; and
WHEREAS it is considered highly desirable that in order to give full effect to the said objectives and with a view to secure fair, speedy and inexpensive justice to the litigants by adopting recourse to one of the methods of ADR mechanism i.e. arbitration; and
WHEREAS Section 11 of the Arbitration and Conciliation Act, 1996, contemplates appointment of arbitrators by the Chief Justice or any person or institution designated by him in the circumstances specified therein; and
WHEREAS institutional arbitration is perceived as the most effective mechanism to achieve the aforesaid objective;
NOW THEREFORE, it is proposed to set up an Arbitration Centre within the High Court premises, which would otherwise function as an independent and autonomous institution and would facilitate in achieving the said objectives.
The Arbitration Centre shall ensure that the arbitration proceedings are inexpensive and are concluded within a reasonable time frame limiting the sittings of the Arbitral Tribunal to specified stages, such as, settlement of terms of reference, recording oral evidence and hearing oral arguments.
The constitution of the Arbitration Centre, the powers, functions and duties of the Arbitration Centre, its Governing Board, Committees and Officers are specified in the Delhi International Arbitration Centre (Internal Management) Rules.
The rules of arbitration are specified in the Delhi International Arbitration Centre (Arbitration Proceedings) Rules.
The rules regarding the payment of administrative cost and fees payable to the Arbitrators are specified in the Delhi International Arbitration Centre (Administrative Costs and Arbitrators’ Fees) Rules.