**Policy Summary: Appointment of Arbitrators in India**
This document summarizes the Indian government's response to Lok Sabha Unstarred Question No. 3440, concerning the appointment of arbitrators, specifically addressing preferences for retired judges versus advocates.
The Ministry of Law and Justice clarifies that the Arbitration and Conciliation Act, 1996, does not stipulate specific qualifications for arbitrators nor does it prioritize retired judges or advocates. The selection of arbitrators is primarily determined by the agreement between the involved parties, emphasizing party autonomy in the arbitration process.
The government does not maintain data on the number of retired judges or advocates appointed as arbitrators in High Courts across the country. Currently, there is no active proposal to create a policy that would ensure a more balanced distribution of arbitrator appointments between retired judges and qualified advocates.
However, the India International Arbitration Centre (IIAC), established under the India International Arbitration Centre Act, 2019, has implemented the India International Arbitration Centre Criteria for Admission to the panel of arbitrators Regulations, 2023. These regulations enable eligible individuals to apply for empanelment by the Chamber of Arbitration, as constituted by the IIAC.
Key Entities Referenced
Shri Devesh Shakya: Member of LOK SABHA who raised the unstarred question.
Minister of LAW AND JUSTICE: The cabinet minister to whom the question is addressed.
SHRI ARJUN RAM MEGHWAL: MINISTER OF STATE INDEPENDENT CHARGE OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS who provided the answer.
Arbitration Conciliation Act, 1996: The Act governing arbitration and conciliation in India, cited in the response.
High Courts of the Country: Refers to all the High Courts in India.
India International Arbitration Centre: An institution of national importance established for arbitration.
India International Arbitration Centre Act, 2019: The Act that established the India International Arbitration Centre.
India International Arbitration Centre Criteria for Admission to the panel of arbitrators Regulations, 2023: Regulations governing the empanelment of arbitrators by the India International Arbitration Centre.
GOVERNMENT OF INDIA
MINISTRY OF LAW & JUSTICE
DEPARTMENT OF LEGAL AFFAIRS
LOK SABHA
UNSTARRED QUESTION NO. 3440
TO BE ANSWERED ON FRIDAY, THE 08TH AUGUST, 2025
Appointment of Arbitrator
†3440. Shri Devesh Shakya:
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether preference is given to retired judges than advocates in the matter of
appointment of arbitrator;
(b) if so, the reasons therefor;
(c) the number of retired judges appointed as arbitrators in all the High Courts of
the Country during the last three years, State-wise;
(d) the number of advocates appointed as arbitrators during the same period; and
(e) whether the Government proposes to make a balanced policy in this regard so
that qualified advocates also get adequate opportunities and if so, the details
thereof?
ANSWER
MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY
OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE
MINISTRY OF PARLIAMENTARY AFFAIRS
(SHRI ARJUN RAM MEGHWAL)
(a) and (b) The Arbitration & Conciliation Act, 1996 does not prescribe any
qualification for appointment of persons as arbitrator or any preference to
appointment of retired judges or advocates as arbitrator. The parties are free to
appoint any person as an arbitrator in terms of their agreement since the
arbitration mechanism is party autonomy driven.
(c) and (d) No such data is maintained by the Government.(e) There is no such proposal under the consideration of the Government.
However, the India International Arbitration Centre which has been established
under the India International Arbitration Centre Act, 2019 as an institution of
national importance, has notified the India International Arbitration Centre
(Criteria for Admission to the panel of arbitrators) Regulations, 2023, which
allows any person as eligible under the said regulations, to apply for consideration
of empanelment by Chamber of Arbitration, constituted by the India International
Arbitration Centre under Section 28 of the India International Arbitration Centre
Act, 2019.
****