Justice B N Srikrishna Committee 2017 on Arbitration

Main suggestions to improve arbitration in India

  1. Provide Institutional arbitrators instead of the present ad-hoc system
  2. Make India preferred hub of International Arbitration
  3. Setting up an Autonomous Body, styled the Arbitration Promotion Council of India (APCI), having representatives from all stakeholders for grading arbitral institutions in India.
  4. Ensure Accreditation of arbitrators
  5. Creation of a specialist Arbitration Bench to deal with such Commercial disputes, in the domain of the Courts.
  6. Creation of the post of an ‘International Law Adviser’ (ILA) who shall advise the Government and coordinate dispute resolution strategy for the Government in disputes arising out of its international law obligations, particularly disputes arising out of BITs.
  7. Make arbitration speedier and more efficacious and incorporate international best practices.
  8. Promote access to the jurisdiction by permitting foreign lawyers to represent clients in international arbitrations held in India and promote India as a venue by easing restrictions related to immigration, tax, etc. may be adopted
  9. Facilitating the construction of integrated infrastructure for arbitration in major commercial hubs and adopting arbitration policies providing for institutional arbitration in commercial disputes involving the government,
  • Promote the use of ADR mechanisms, including requiring the provision of mediation facilities by arbitral institutions.
  • The International Centre for Alternative Dispute Resolution (ICADR) should be re-branded as the India Arbitration Centre in keeping with its character as a flagship arbitral institution
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