The New Delhi International Arbitration Centre Ordinance, 2019

The New Delhi International Arbitration Centre Ordinance, 2019 was promulgated by President of India on March 2, 2019. Among other things, It seeks to establish an independent and autonomous regime for institutionalised arbitration in India. Indian government is planning to make the New Delhi International Arbitration Centre (NDIAC) a hub for institutional arbitration in India. The government has also decided to declare NDIAC to be an institution of national importance.

Previously, the New Delhi International Arbitration Centre Bill, 2018 was passed by Lok Sabha on 04-01-2019. However, the Bill is yet to be passed by the Rajya Sabha and it will lapse with the dissolution of the current Lok Sabha/Parliament.

As the Parliament of India is currently not in sessions, the President of India was satisfied that circumstances exist which render it necessary for him to take immediate action. By exercising the powers vested in him by Article 123(1) of Constitution of India, the President deemed it fit to promulgate the ordinance.

As the Ordinance also mandated transfer of assets of International Centre for Alternative Dispute Resolution (ICADR) to NDIAC, a notification to this effect was issued by the central government. But a case was filed before the Delhi High Court challenging that notification. The Delhi High Court stayed the notification by central government for transfer of assets in favour of NDIAC for the time being and asked the central government to file its response. However, in all probability the Ordinance would remain valid and would become a law once the new Parliament is constituted.

Update 16-05-2019: As expected, the Delhi High Court has lifted the stay (Pdf) on 16-05-2019 and soon the control of ICADR would be in the hands of Central Government. This is the right decision and we welcome the same. 

We at Resolve Without Litigation (RWL) welcome this Ordinance as it is the first step to make India a premier destination for institutional arbitration and institutional ODR. However, much has to be done as stakeholders in India are not only slow in taking necessary steps but they are also averse to adoption of technology for dispute resolution purposes.

Some of the salient features of the Ordinance are:

(1) NDIAC has been constituted as a body corporate with similar rights and liabilities as a body corporate,

(2) NDIAC has been declared as an institution of national importance.

(3) The head office of NDIAC shall be at New Delhi and it may, with prior approval of Central Government, establish branches at other places in India and abroad,

(4) All possible moveable and immovable properties, including proprietary rights therein, of ICADR shall be transferred to NDIAC. Delhi High Court is presently seized with a litigation in this regard between ICADR  and Central Government,

(5) The objects of NDIAC are:

(a) To bring targeted reforms to develop itself as a flagship institution for conducting international and domestic arbitration

(b) To provide facilities and administrative assistance for conciliation mediation and arbitral proceedings;

(c) To maintain panels of accredited arbitrators, conciliators and mediators both at national and international level or specialists such as surveyors and investigators;

(d) To facilitate conducting of international and domestic arbitrations and conciliation in the most professional manner;

(e) To provide cost effective and timely services for the conduct of arbitrations and conciliations at Domestic and International level;

(f) To promote studies in the field of alternative dispute resolution and related matters, and to promote reforms in the system of settlement of disputes;

(g) To co-operate with other societies, institutions and organisations, national or international for promoting alternative dispute resolution, etc.

(6) NDIAC may constitute such committees as may be considered necessary to administer various aspects of its functions,

(7) There shall be a Chief Executive Officer (CEO) of NDIAC who shall be responsible for day-to-day administration of the Centre,

(8) The NDIAC shall establish a Chamber of Arbitration which shall empanel the Arbitrators and also scrutinise the applications for admission in the panel of reputed arbitrators to maintain a permanent panel of arbitrators,

(9) The NDIAC may establish an Arbitration Academy to train the Arbitrators, to conduct research in ADR and allied fields, to give suggestions for achieving the objectives of the Ordinance, etc,

These are good provisions but they are still cautious in nature. Indian government is still not confident that it can establish world class online dispute resolution (ODR) institutions in India. The main focus of the Ordinance is to make traditional Arbitration more effective and unless the NDIAC is tech oriented, this would remain the situation says Praveen Dalal.

ICADR failed for this reason and even NDIAC may face similar fate unless government is pro active and start using techno legal expertise of platforms like Resolve Without Litigation (RWL).

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Resolve Without Litigation (RWL) Has Rejuvenated Its ODR Discussion Forum

We first discussed about online dispute resolution (ODR) in 2004 and ironically it was an international platform where we shared our views. That is because in 2004 ODR was not known in India except among a very limited number of people.

We waited up to 2010 and the position remained same. That is the year when PTLB launched a Blog titled Techno Legal Online Dispute Resolution Services outlining our unique and exclusive techno legal ODR services. We managed this service through the website of Perry4Law and simultaneously opened the ODR blog to spread awareness about ODR in India.

In 2012 we launched a dedicated website on online dispute resolution (ODR) in India and since then we have launched many ODR projects each with different objective and purpose. We also launched India’s exclusive ODR discussion forum in 2012 and we have been continuously updating it from time to time. In the latest initiative, we have completely rejuvenated the ODR discussion forum.

However, the moment it was updated and rejuvenated we were flooded with spam accounts. First we disabled self registration process for our forum and made the registration subject to administrator’s approval. But the spam accounts kept on increasing and even if they were subject to our approval they kept on clogging our resources. After much deliberation, we completely disabled registration process and now registration at our forum is based on “invitation” or “request” basis.

We understand that this would make the forum unavailable to general public but we are preparing for the larger event that would make India a hub for institutionalised arbitration and institutionalised ODR destination. We apologise for this inconvenience but we welcome national and international stakeholders working in the field of ODR to register at our forum. They can contact us at this blog or at Twitter handles of @_PTLB, @RWLIndia, @DigitalIndiaLaw, etc.

If you are an ODR expert empanelled at the portal of RWL, you can request for your account registration at ODR forum of RWL while submitting your empanelment application.

To know what type of discussion we would have on the ODR forum, please see the Guide that we have created for our users that they can use to get justice within 2-5 minutes of their time.

As we have a target of making India a hub for international commercial arbitration, institutionalised arbitration, ADR and ODR training, institutionalised ODR leader, etc, we intend to work very seriously and very hard on the forum and other portals. If you are following our tweets at Twitter, you can get all the information that can be really beneficial for you and your organisation.

With this article we are now working to fill the ODR forum with information that would be unique and of tremendous value to national and international stakeholders.

Thanks for your patience and time.

How To Enroll As A Panelist For ODR Portal Of Resolve Without Litigation (RWL)

Online Dispute Resolution (ODR) is an area that is still not fully accepted and utilised world over. As far as India is concerned, ODR processes and systems are not only absent but they receive hostile treatment from Indian government and its agencies/departments. Indian government talk about making India a hub for global online companies and portals but at the same time is killing every possible technology driven project that is putting India on the world map. Naturally, we have no world class Indian company or technology project despite the fact that we introduced ODR in India in 2004.

Our journey for ODR took a decisive turn in 2010 onwards when we launched techno legal ODR portals, public awareness blogs and ODR training portal. However, as the awareness about ODR has been low and Indian government is not inclined to use the advantage of already existing projects of PTLB and Resolve Without Litigation (RWL), ODR remained a low priority for India.

But we at RWL have decided that in the year 2019 we would make India a hub for ODR irrespective of Indian government’s lack of support and active opposition. As our activities are increasing, alternative dispute resolution (ADR) stakeholders have started approaching us for colloboration and other professional alliances. National and international stakeholders are also approaching us to get their disputes resolved using our Pro Bono ODR Portal. Every dispute is of top priority to us and that is why we have drafted a Guide so that national and international stakeholders can start their dispute resolution process in just under 5 minute time.

We are not aiming for something that is basic as with 15 years of active experience that would not be the right strategy. We at RWL intend to make India a hub for Institutionalised Arbitration and Institutionalised ODR destination. We are currently working in this field and that is why we are not in a position to respond back to individual partnership offers, investments and angel investment offers, empanelment requests, etc.

We are in receipt of these communications and please note that all these communications have been put in file in order in which they have been received. We take every single communication with us very seriously. We do not neglect and would never ignore these precious offers and communications. We request national and international stakeholders to please bear with us till we come up with individual and customised replies to all the communications received by us.

RWL is currently in talks with national and international organisations to facilitate and encourage use of technology dispute resolutions and ODR in India and world wide. RWL is looking forward for active national and international collaborations in this regard. Interested national and international organisations may contact us with their proposals in this regard. As we do not wish to miss even a single communication, we request the stakeholders to contact us simultaneously at our Twitter handles at @RWLIndia, @_PTLB, @DigitalIndiaLaw, Etc.

As the empanelment requests are pouring in great numbers and we cannot respond back individually to each such request, we have written this article as a guidance and compliance note. All empanellment requests would be entertained only if they comply with the requirements mentioned in this article.

Arbitrators, Lawyers, Mediators, Conciliators, ODR experts, Neutrals, etc that wish to work in association with PTLB may empanel with it. Interested individuals must meet the prescribed procedure in order to be empanelled with PTLB.

A minimum five years experience in arbitration matters is required to be empanelled with PTLB. The empanelment would be for minimum of one year (1) and maximum of five (5) years. The empanelment may be renewed at the discretion of PTLB and RWL. The requisite Performa for Individuals can be downloaded from “Here” (Doc). The Firms, Companies, Institutions, etc can download the Performa from “Here” (Doc).

PTLB and RWL have the sole discretion to accept or reject the empanelment requests. It would be better if applicants seek an opinion of PTLB or RWL in this regard well in advance through an e-mail. Please do not remit any fees or money till a positive confirmation is given by PTLB Or RWL for the possible inclusion of the applicant as a panelist. Applicants are strongly advised to go through the “Empanelment Procedures” before applying.

We hope this article would be helpful to all national and international ADR/ODR professionals who are interested in joining our portal and ODR services.

Please note that we maintain a “Seniority List” of our Panelists based on the first year of enrollment with us. We may only be able to accomodate limited number of Panelists for our present RWL project. We would close the empanellment procedure once required number of Panelists are enrolled. Senior Panelists have certain advantages as compared to junior members that would be discussed by us in our subsequent posts.

We welcome all who are eligible to join our portal and wish all the best to those who may be eligible in future as no ODR professional would be left by us ultimately. We would accomodate them in another ODR project of PTLB in future.

Thanks for your interest in our ODR projects.

Support Access To Justice Project Of Resolve Without Litigation (RWL)

Access to justice and judicial reforms are on the agenda of Perry4Law Organisation (P4LO) since 2004. In order to achieve the same we introduced many innovative techno legal projects. One of such projects is Online Dispute Resolution (ODR) upon which we have been working since 2004. In order to ensure access to justice for people of India we launched two seperate ODR portals.

The first one is a Pro Bono ODR Portal that was launched few years back. It has fought for the rights and justice of many Indians. In continuation of our efforts, we have also drafted a Guide for national and international stakeholders. As per this initiative, it only takes 5 minutes to get access to justice to any stakeholder from any part of the world that too free of cost.

However, for reasons unknown, government departments like CGPDTM India are trying to kill this innovative project. We have already brought this fact within the knowledge of Shri. Suresh Prabhu, DIPP, etc but so far no investigation has been undertaken by Narendra Modi government in this regard.

We are not only fighting against this strange act of BJP government but are also trying to ascertain why CGPDTM India did this at the first place. Irrespective of whatever happens to the Trademark of Resolve Without Litigation (RWL) and other projects, access to justice and empowerment of national and international stakeholders would not stop.

We request national and international stakeholders to support our access to justice project so that Human Rights and other rights of stakeholders cannot be compromised at the mere wish of government.

We are not requesting any monetray help but do expect national and international stakeholders to use this Pro Bono ODR Portal and do not allow government to compromise their rights. Of course, any absolutely voluntary donation is most welcome as per these terms.

Resolve Without Litigation Your Disputes From Any Part Of The World

Disputes are not desirable but yet they do happen in every walk of the life. We have many options to resolve these disputes and approaching a  court is the last option. But for many people this is the first option and this is a wrong strategy on their part. By approaching the courts at the first place we are over burdening them unnecessarily when these disputes can be resolved outside the court. The over burderned courts  would have no choice but to give lengthy dates as there is no way a handful of judges in Indian courts can handle such impossible target.

This mindset is not a problem of ordinary people but our state governments and central government too. A big chunk of litigation in courts is  from government departments. State governments and central govt are notorious for not only denying remedies to citizens at the first place but they also keep on appealing against adverse orders against them to higher courts. So not only original cases but also appeals from the  adverse orders against state governments and central government are increasing burden upon Indian courts.

We at Perry4Law Techno Legal Base (PTLB) have been working in the fields like online dispute resolution (ODR) and e-courts since 2004. We have launched few techhno legal fields in both ODR and e-courts fields. We understand the significance of alternative dispute resolution (ADR) very well. We also understand how technology can be used to strengthen ADR in India by converting traditional ADR into ODR.

As the field is new, some sort of confusion and uncertainty is natural. That is why we launched two different online portals on ODR for world wide stakeholders. The first one is a Pro Bono Platform where we are helping people to not only understand useage of ODR but also  helping them free of cost. Stakeholders can see this Guide so that they can best use our Pro Bono ODR portal.

The second platform is a professional one where our clients and big companies can avail our techno legal services on a regular and professional basis. All they need to do is to use our ODR clause in their agreements. If both the parties agree, they can also use our ODR portal without any agreement if they agree to our ODR clause at any stage of the dispute. The process is simple and very effective.

Now comes the best part. Some of the unique features of our ODR portal are:

(1) Our ODR services are available throughout the world and even if parties to the dispute reside in different countries.

(2) It is not mandatory that the dispute must be an Indian dispute but any dispute in any part of the world can be resolved using our portal if the same can be resolved using mediation, conciliation, arbitration or ODR as per the laws of respective countries.

(3) Our ODR services can be used at any stage of the dispute even if there is no pre existing ODR clause. Such an ODR agreement can be formed by simply accepting our ODR clause by parties to the dispute.

(4) Parties to the dispute need not to move even out 0f their homes to avail our ODR services. So travelling expenses and travelling time is totally saved.

(5) All required documents can be shared with us through the online portal, secure e-mail, secured chats, etc. No cost for sending documents through post would be incurred.

(6) We are the only techno legal Institutionalised Arbitration Centre that is dealing in ODR world wide.

If any company or government department wishes to have training about how to best use our ODR services, we can also ensure the same.

If Indian government is serious about better access to justice and ensuring justice for all, we are more than happy to have a colloboration with it. We are also open to colloborations with foreign governments and international organisations if they have similar projects or wish to expand their existing dispute resolution capacities.

We may update this article with more information and details for the larger benefit of all. Please visit regularly this blog in general and our ODR portals in particular for latest developments of our projects.

Source: E-Courts 4 Justice (EC4J).