Part IA, inserted in the Amendment Act, 2019, deals with the Arbitration Council of India. Section 43A of the Act contains definitions of terms used in Part IA such as Chairperson, Council and Member. Establishment and incorporation of the Arbitration Council of India Section 43B empowers the Central Government to establish the Arbitration Council of India to perform the duties and discharge the functions under the Arbitration Conciliation Act, 1996.
The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to enter into contract, and shall, by the said name, sue or be sued. The head office of the Council shall be in Delhi. The Council
may, with the prior approval of the Central Government, establish offices at other places in India.

Composition of Council
According to Section 43C of the Act, the Council shall consist of the following Members, namely:––
(a) a person, who has been, a Judge of the Supreme Court or, Chief Justice of a High Court, a Judge of a High Court or an eminent person, having special knowledge and experience in the conduct or administration of arbitration, to be appointed by the Central Government in consultation with the Chief Justice of India–Chairperson;
(b) An eminent arbitration practitioner having substantial knowledge and experience in institutional arbitration, both domestic and international, to be nominated by the Central Government–Member;
(c) an eminent academician with experience in research and teaching in the field of arbitration and alternative dispute resolution laws, to be appointed by the Central Government in consultation with the Chairperson–Member;
(d)Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice or his representative not below the rank of Joint Secretary–Member,ex-office
(e) Secretary to the Government of India in the Department of Expenditure, Ministry of Finance or his representative not below the rank of Joint Secretary– Member, ex-official;
(f) one representative of a recognised body of commerce and industry, chosen on a rotational basis by the Central Government–Part-time Member; and
(g) Chief Executive Officer-Member-Secretary, ex officio.
The Chairperson and Members of the Council, other than ex officio Members, shall hold office as such, for a term of three years from the date on which they enter upon their office.
Chairperson or Member, other than ex officio Member, shall not hold office after he has attained the age of seventy years in the case of Chairperson and sixty-seven years in the case of Member.
The salaries, allowances and other terms and conditions of the Chairperson and Members as may be prescribed by the Central Government. The Part-time Member shall be entitled to such travelling and other allowances as may be prescribed by the Central Government.

Duties and functions of the Council

Section 43D provides that it shall be the duty of the Council to take all such measures as may be necessary to promote and encourage arbitration, mediation, conciliation or other alternative dispute resolution mechanisms and for that purpose to frame policy and guidelines for the establishment, operation and maintenance of uniform professional
standards in respect of all matters relating to arbitration.
For the purposes of performing the duties and discharging the functions under this Act, the Council may—
(a) frame policies governing the grading of arbitral institutions;
(b) recognise professional institutes providing accreditation of arbitrators;
(c) review the grading of arbitral institutions and arbitrators;
(d) hold training, workshops and courses in the area of arbitration in collaboration with law firms, law universities and arbitral institutes;
(e) frame, review and update norms to ensure a satisfactory level of arbitration and conciliation;
(f) act as a forum for the exchange of views and techniques to be adopted for creating a platform to make India a robust centre for domestic and international arbitration and conciliation;
(g) make recommendations to the Central Government on various measures to be adopted to make provision for easy resolution of commercial disputes;
(h) promote institutional arbitration by strengthening arbitral institutions;
(i) Conduct examination and training on various subjects relating to arbitration and conciliation and award certificates thereof;
(j) establish and maintain a depository of arbitral awards made in India;
(k) make recommendations regarding personnel, training and infrastructure of arbitral institutions; and
(l) Such other functions as may be decided by the Central Government. Vacancies, etc., not to invalidate proceedings of Council
Section 43E states that no act or proceeding of the Council shall be invalid merely by reason of—
(a) any vacancy or any defect, in the constitution of the Council;
(b) any defect in the appointment of a person acting as a Member of the Council; or
(c) any irregularity in the procedure of the Council not affecting the merits of the case.

Resignation of Members

According to Section 43F, the Chairperson or the Full-time or Part-time Member may, by notice in writing, under his hand addressed to the Central Government, resign his office. Provided that the Chairperson or the Full-time Member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier.

Removal of Member

Section 43G (1) provides that the Central Government may, remove a Member from his office if he––
(a) is an undischarged insolvent; or
(b) has engaged at any time (except Part-time Member), during his term of office, in any paid employment; or
(c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public interest; or
(f)has become physically or mentally incapable of acting as a Member.
According to Section 43G(2) Notwithstanding anything contained in sub-section (1), no Member shall be removed from his office on the grounds specified in clauses (d) and (e) of that sub-section unless the Supreme Court, on a reference being made to it on this behalf by the Central Government, has, on an inquiry, held by it in accordance with such procedure as maybe prescribed on this behalf by the Supreme Court, reported that the Member, ought on such ground or grounds to be removed.
Appointment of experts and constitution of Committees thereof
Section 43H provides that the Council may, appoint such experts and constitute such Committees of experts as it may consider necessary to discharge its functions on such terms and conditions as may be specified by the regulations.

General norms for grading of arbitral institutions
Section 43-I states that the Council shall make grading of arbitral institutions on the basis of criteria relating to infrastructure, quality and calibre of arbitrators, performance and compliance with time limits for disposal of domestic or international commercial arbitrations, in such manner as may be specified by the regulations.
Norms for accreditation
Section 43J provides that the qualifications, experience and norms for accreditation of arbitrators shall be such as specified in the Eighth Schedule. It may be noted that the Central Government may, after consultation with the Council, amend
the Eighth Schedule and thereupon, the Eighth Schedule shall be deemed to have been amended accordingly.
According to the ‘Eighth Schedule of the Act, a person shall not be qualified to be an arbitrator unless he—
(i) is an advocate within the meaning of the Advocates Act, of 1961 having ten years of practice experience as an advocate; or
(ii) is a chartered accountant within the meaning of the Chartered Accountants Act, 1949 having ten years of practice experience as a chartered accountant; or
(iii) is a cost accountant within the meaning of the Cost and Works Accountants Act, 1959 having ten years of practice experience as a cost accountant; or
(iv) is a company secretary within the meaning of the Company Secretaries Act, 1980 having ten years of practice experience as a company secretary; or
(v) Has been an officer of the Indian Legal Service; or
(vi) has been an officer with a law degree having ten years of experience in legal matters in the Government, Autonomous Body, Public Sector Undertaking or at a senior level managerial position in the private sector; or
(vii) has been an officer with an engineering degree having ten years of experience as an engineer in the Government, Autonomous Body, Public Sector Undertaking or at a senior level managerial position in the private sector self-employed; or
(viii) has been an officer having senior-level experience in administration in the Central Government or State Government or having experience in senior-level management of a Public Sector Undertaking a Government company or a private company of repute;
(ix) is a person, in any other case, having an educational qualification at degree level with ten years of experience in scientific or technical streams in the fields of telecom, information technology, Intellectual Property Rights or other specialised areas in the Government, Autonomous Body, Public Sector Undertaking or a senior-level managerial position in the private sector, as the case may be.

General norms applicable to Arbitrator

 the arbitrator shall be a person with a general reputation of fairness, and integrity and capable of applying objectivity in arriving at the settlement of disputes;
 the arbitrator must be impartial and neutral and avoid entering into any financial business or other relationship that is likely to affect impartiality or might reasonably create an appearance of partiality or bias amongst the parties;
 the arbitrator should not be involved in any legal proceeding and avoid any potential conflict connected with any dispute to be arbitrated by him;
 the arbitrator should not have been convicted of an offence involving moral turpitude or economic offence;
 the arbitrator shall be conversant with the Constitution of India, principles of natural justice, equity, common and customary laws, commercial laws, labour laws, law of torts, making and enforcing the arbitral awards;
 the arbitrator should possess a robust understanding of the domestic and international legal system on arbitration and international best practices in regard thereto;
 the arbitrator should be able to understand key elements of contractual obligations in civil and commercial disputes and be able to apply legal principles to a situation under dispute and also to apply judicial decisions on a given matter relating to arbitration; and
 the arbitrator should be capable of suggesting, recommending or writing a reasoned and enforceable arbitral award in any dispute which comes before him for adjudication.

Depository of awards

According to Section 43K, the Council shall maintain an electronic depository of arbitral awards made in India and such other records related thereto in such manner as may be specified by the regulations.
Power to make regulations by Council
Section 43L empowers the Council, in consultation with the Central Government, to make regulations, consistent with the provisions of this Act and the rules made thereunder, for the discharge of its functions and perform its duties under the Act.
Chief Executive Officer
Section 43M states that there shall be a Chief Executive Officer of the Council, who shall be responsible for the day-to-day administration of the Council. The qualifications, appointment and other terms and conditions of the service of the Chief Executive Officer shall be such as may be prescribed by the Central Government. The Chief Executive Officer shall discharge such functions and perform such duties as may be specified by the regulations.
There shall be a Secretariat to the Council consisting of such number of officers and employees as may be prescribed by the Central Government. The qualifications, appointment and other terms and conditions of the service of the employees and other officers of the Council shall be such as may be prescribed by the Central Government.