India Yet to Set Up Arbitration Council Six Years After Law Change
January 11, 2026
The Union Government has not yet formed the Arbitration Council of India, six years after amending the Arbitration Act in 2019. The council is meant to regulate and promote institutional arbitration in India. Senior officials from the Union Law Ministry said it took time for companies and public sector units to move from ad-hoc arbitration to institutional arbitration for commercial disputes. "But when institutional arbitration has not taken shape in India, who would the Arbitration Council regulate? Now it has taken shape, and within this year, the proposed council will be set up," an official said.
Former Union Law Secretary P.K. Malhotra disagreed. He said, "The provision for an institutional mechanism by the Arbitration Council of India was made by amending the Arbitration Act way back in 2019. It has been more than six years now and the proposed council has not yet been constituted. It is adversely affecting making India as a hub of international arbitration." He added that the lack of an institutional mechanism keeps ad-hoc arbitration common and causes problems. Some government departments prefer mediation to resolve disputes instead.
Union Law Minister Arjun Ram Meghwal has expressed concern that although arbitration is part of Indian culture, the country lost ground, and others became hubs for international arbitration. He hopes India will soon become a hub again.
In February last year, an expert panel led by former Law Secretary T.K. Vishwanathan submitted recommendations to reform arbitration laws, including giving courts power to set aside or change arbitration awards. Industry experts called these proposals a setback. In October last year, the Law Ministry released a draft Bill to amend the arbitration law, but no progress has been made yet.
The Arbitration Council of India is now expected to be formed within 2026, aiming to boost institutional arbitration and strengthen India's position in global dispute resolution.
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Tags:
Arbitration Council Of India
Institutional Arbitration
Arbitration Act 2019
Union Law Ministry
International Arbitration
Commercial Disputes
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