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The New Delhi International Arbitration Centre Act, 2019

Year of Passage: 2019 | Type: Bare Act

Section 1 Short title and commencement.

(1) This Act may be called the New Delhi InternationalArbitration Centre Act, 2019. (2) It shall be deemed to have come into force on the 2nd March, 2019.

Section 2 Definitions.

(1) In this Act, unless the context otherwise requires,-- (a) "Centre" means theNew Delhi International Arbitration Centre established and incorporated under section 3; (b) "Chairperson" means the Chairperson of the Centre referred to in clause (a) of section 5; (c) "Chief Executive Officer" means the Chief Executive Officer appointed under section 21; (d) "Committee" means the relevant Committee of the Centre referred to in section 19; (e) "Custodian" means the person who is appointed as Custodian under sub-section (2) ofsection 11 in respect of the undertakings; (f) "Fund" means the Fund of the Centre to be maintained under section 25; (g) "Member" means Full-time or Part-time Member of the Centre and includes theChairperson; (h) "notification" means a notification published in the Official Gazette; (i) "prescribed" means prescribed by rules made by the Central Government under this Act; (j) "regulations" means regulations made by the Centre under this Act; (k) "Society" means the International Centre for Alternative Dispute Resolution, registered assuch under the Societies Registration Act, 1860 (21 of 1860), and having its registered office atNew Delhi; (l) "specified date" means the date as may be specified by the Central Government bynotification; (m) "undertakings" means the undertakings of the Society which vests with the CentralGovernment under section 7. (2) All other words and expressions used herein but not defined and defined in the Arbitration andConciliation Act, 1996 (26 of 1996), shall have the same meanings as assigned to them in that Act.

Section 3 Establishment and incorporation of New Delhi International Arbitration Centre.

(1)The Central Government shall, by notification, establish a body to be called the New DelhiInternational Arbitration Centre for the purposes of exercising the powers and discharging thefunctions under this Act. (2) The Centre shall be a body corporate by the name aforesaid, having perpetual succession and acommon seal with power, subject to the provisions of this Act, to acquire, hold and dispose ofproperty, both movable and immovable, and to enter into contract, and shall, by the said name, sue orbe sued.

Section 4 Declaration of New Delhi International Arbitration Centre as an institution of national importance.

(1) Whereas, the objects of the New Delhi International Arbitration Centre are suchas to make it as an institution of national importance, it is hereby declared that the New DelhiInternational Arbitration Centre is an institution of national importance. (2) The head office of the Centre shall be at New Delhi and it may with the previous approval ofthe Central Government, establish branches at other places in India and abroad.

Section 5 Composition of Centre.

The Centre shall consist of the following Members, namely:-- (a) a person, who has been a Judge of the Supreme Court or a Judge of a High Court or aneminent person, having special knowledge and experience in the conduct or administration ofarbitration, law or management, appointed by the Central Government in consultation with theChief Justice of India----Chairperson; (b) two eminent persons having substantial knowledge and experience in institutionalarbitration, both domestic and international, appointed by the Central Government----Full-timeMembers or Part-time Members; (c) one representative of a recognised body of commerce and industry, chosen on rotationalbasis by the Central Government----Part-time Member; (d) Secretary, Department of Legal Affairs, Ministry of Law and Justice or his representative,not below the rank of the Joint Secretary----Member, ex officio; (e) one Financial Adviser nominated by the Department of Expenditure, Ministry of Finance----Member, ex officio; and (f) Chief Executive Officer----Member, ex officio.
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