Chapter III - Acquisition and Transfer of Undertakings of Society
Sections 12, 13, 14, 15, 16 and 17 of the India International Arbitration Centre Act, 2019
Sections 12 to 17 deal with delivery and control of transferred assets, powers relating to money due to the Society, the statutory objects and functions of the India International Arbitration Centre, protection of proceedings from technical invalidity, and resignation of the Chairperson and Members.
Section 12 - Duties of persons in charge of management of undertakings to deliver all assets
(1) On vesting of management of the undertakings in the Centre, or on appointment of a Custodian under Section 11(2), every person who was in charge of management immediately before that event must deliver to the Centre or Custodian, as applicable, all assets, books of account, registers and other documents in his custody relating to the undertakings.
(2) The Central Government may give directions to the Custodian concerning the Custodian's powers and duties. The Custodian may also seek instructions from the Central Government regarding the manner in which management should be conducted or any other matter arising during management.
(3) Any person who, on the specified date, possesses or controls books, documents or other papers relating to the undertakings must account for and deliver them to the Central Government, Custodian or Centre, as the case may be, or to a person or body specified for that purpose.
(4) The Central Government or the Centre may take, or cause to be taken, all necessary steps to secure possession of undertakings vested in the Central Government or the Centre under the Act.
(5) The Society must, within the period allowed by the Central Government, furnish a complete inventory of its properties and assets as on commencement of the New Delhi International Arbitration Centre Ordinance, 2019 (Ord. 10 of 2019), insofar as they pertain to the undertaking. The Central Government, Custodian or Centre must provide reasonable facilities for that purpose.
Meaning of Section 12
Section 12 supports the transfer provisions in Sections 7 to 11 by imposing practical handover obligations. It ensures that statutory vesting is accompanied by physical control of assets, records and documents and gives the Central Government supervisory authority over a Custodian.
Section 13 - Certain powers of Central Government or Centre
The Central Government, Custodian or Centre, as the case may be, is entitled, to the exclusion of all other persons, to receive up to the specified date money due to the Society in relation to undertakings that have vested in the Central Government, Custodian or Centre and that is realised after commencement of the New Delhi International Arbitration Centre Ordinance, 2019 (Ord. 10 of 2019), even where the realisation relates to a period before commencement of that Ordinance.
Meaning of Section 13
Section 13 protects the financial incidents of the transferred undertakings. It identifies who is entitled to receive money realised after commencement of the 2019 Ordinance when that money is connected with the transferred undertakings.
Section 14 - Objects of Centre
Section 14 sets out the institutional purposes for which the Centre operates.
- To bring targeted reforms to develop itself as a flagship institution for conducting international and domestic arbitration.
- To promote research and study, provide teaching and training, and organise conferences and seminars in arbitration, conciliation, mediation and other alternative dispute resolution matters.
- To provide facilities and administrative assistance for conciliation, mediation and arbitral proceedings.
- To maintain panels of accredited arbitrators, conciliators and mediators at national and international level, or specialists such as surveyors and investigators.
- To collaborate with national and international institutions and organisations to ensure the credibility of the Centre as a specialised institution in arbitration and conciliation.
- To set up facilities in India and abroad to promote the activities of the Centre.
- To lay down parameters for different modes of alternative dispute resolution mechanisms adopted by the Centre.
- To pursue such other objectives as it may consider appropriate with approval of the Central Government.
Meaning of Section 14
Section 14 gives the Centre a broad institutional mandate extending beyond administration of individual arbitrations. It includes research, training, capacity building, international collaboration, facilities for dispute resolution and development of standards for alternative dispute resolution.
Section 15 - Functions of Centre
Without prejudice to Section 14, the Centre is required to strive to perform the functions listed in Section 15.
- Current Section 15(a): To facilitate the conduct of arbitration and other forms of alternative dispute resolution mechanism, both international and domestic, in the manner as may be specified by the regulations.
- To provide cost-effective and timely services for the conduct of arbitration and conciliation at national and international level.
- To promote studies in alternative dispute resolution and related matters and promote reforms in the system of settlement of disputes.
- To undertake teaching, diffuse knowledge of law and procedures on alternative dispute resolution and related matters, and award certificates and other academic or professional distinctions.
- To impart training in alternative dispute resolution and related matters to persons handling arbitration, conciliation and mediation.
- To co-operate with national or international societies, institutions and organisations for promoting alternative dispute resolution.
- To perform such other functions as may be entrusted to it by the Central Government for promoting alternative dispute resolution.
2022 amendment to Section 15(a)
The New Delhi International Arbitration Centre (Amendment) Act, 2022 substituted clause (a). The earlier clause referred to facilitating international and domestic arbitration and conciliation in a professional manner. The amended clause is wider: it expressly covers arbitration and other forms of alternative dispute resolution and links the manner of conduct to regulations made under the Act.
Section 16 - Vacancies, etc., not to invalidate proceedings of Centre
No act or proceeding of the Centre is invalid merely because of:
- A vacancy or defect in the constitution of the Centre.
- A defect in the appointment of a person acting as a Member of the Centre.
- An irregularity in the procedure of the Centre that does not affect the merits of the case.
Meaning of Section 16
Section 16 is a saving provision intended to protect institutional continuity. It prevents proceedings from being invalidated solely because of specified vacancies, appointment defects or procedural irregularities that do not affect the merits.
Section 17 - Resignation of Members
The Chairperson, Full-time Member or Part-time Member may resign by written notice under his hand addressed to the Central Government.
The Chairperson or a Full-time Member must, unless permitted by the Central Government to relinquish office sooner, continue in office until the earliest of:
- Expiry of three months from the date the resignation notice is received.
- The date on which a duly appointed successor enters office.
- Expiry of the Member's existing term of office.
Meaning of Section 17
Section 17 permits resignation but also provides a continuity mechanism for the Chairperson and Full-time Members so that office is not ordinarily vacated immediately upon submission of a resignation notice.
Sections 14 and 15 should be read together: Section 14 states the Centre's institutional objects, while Section 15 specifies the functions through which those objects are to be advanced.
Official legal sources
For the amended Act and current subordinate legal materials, refer to the India International Arbitration Centre statutes page and the Department of Legal Affairs page on the Act and amendment materials.