What are the legal requirements for arbitration rooms in India?

Answered by

A Agarwalla & Co.

Published At July 15, 2024

Answer

The legal requirements for arbitration rooms in India are guided by the Indian Arbitration and Conciliation Act, 1996. This Act provides a framework that emphasizes flexibility, confidentiality and efficiency in arbitration proceedings.

  • Confidentiality and Privacy: Arbitration rooms must ensure the confidentiality of proceedings. This involves soundproofing and secure access controls to protect sensitive information and maintain privacy.
  • Technological Infrastructure: The rooms should be equipped with advanced audio-visual systems, video conferencing capabilities and digital document management tools. These technological provisions facilitate remote participation and efficient handling of evidence, which are critical in modern arbitration settings​​.
  • Compliance with the Act: The arbitration process must comply with the procedures outlined in the Indian Arbitration and Conciliation Act. This includes ensuring that the arbitral tribunal treats parties equally and provides each party with a full opportunity to present their case​.
  • Arbitrator Selection and Independence: Arbitrators should be chosen based on mutual agreement between the parties, ensuring impartiality and fairness. The Act specifies that an arbitrator’s appointment must be agreed upon by both parties, and any issues with the appointment process can be resolved by the court if necessary​​.
  • Procedural Flexibility: The Act allows the arbitral tribunal to conduct proceedings in the manner it deems appropriate, giving significant discretion to arbitrators. This flexibility helps tailor the arbitration process to the specific needs of the dispute while ensuring a fair resolution​.