Empanelment of Arbitrators

A.  Following persons shall be eligible to apply to be empaneled as an Arbitrator:

1. Any person who has been a Judge / Judicial Officer of Court of Law including from Tribunals;
2. Company Secretary (within the meaning of the Company Secretaries Act, 1980) having minimum ten years of practice experience with exposure in Arbitration laws;
3. Advocate (within the meaning of the Advocates Act, 1961) having minimum ten years of practice experience with experience in Arbitration laws;
4. Has been an Officer or at a senior level managerial position with CS qualification, having minimum ten years of experience including in legal and Arbitration matters in Government, Autonomous Body, Public Sector Undertaking;
5. Has been an Officer or at a senior level managerial position with law degree

having minimum ten years of experience in legal and Arbitration matters in Government, Autonomous Body, Public Sector Undertaking;

6. Has been an Officer or at a senior level managerial position having minimum ten years of experience as an engineer as well as experience in legal and Arbitration matters in the Government, Autonomous Body, Public Sector Undertaking;
7. Has been an Officer or at a senior level managerial position having minimum ten years of experience of administration as well as experience in legal and Arbitration matters in the Central Government or State Government of a Public Sector Undertaking or a Government company; or 
8. Any foreign national who has considerable experience in Arbitration as assessed by Governing Council.
9. The Governing Council is hereby authorized to offer empanelment to Senior Professionals from various professions including retired Judges of Supreme Court and High Courts, PSUs, Government Tribunals, etc. The Board of Directors also can invite eminent personalities to be empanelled as Arbitrators.

B.   General Rules for Applicant

1. 1. 1. The applicant shall be a person of good reputation;
      2. The applicant should not have been convicted of an offence involving moral turpitude, economic offence, financial bungling etc.;
      3. The applicant should not have entered into any financial business or other relationship that is likely to affect impartiality or might reasonably create an appearance of partiality or bias;
      4. Where the applicant is a retired Government employee, he/she shall be eligible for empanelment on furnishing a vigilance clearance certificate from the concerned Department certifying that no departmental proceedings are pending against him / her and no punishment was imposed during his / her service;
      5. Applicants who have undergone Post Membership Qualification Course on Arbitration conducted by the ICSI, may be given preference.
      6. Where the applicant is a professional or has worked / is working in the private sector as a professional / retainer, he / she must have declared net professional income of ₹7 lakhs per annum for the preceding two assessment years in his / her income tax returns;
      7. The applicant should not be involved in any legal proceeding and must avoid any potential conflict connected with any dispute to be arbitrated by him/her;
      8. The applicant must be conversant with principles of natural justice, equity, common laws, evidence procedures, making Arbitral Award;
      9. The applicant should have proper understanding of arbitration practices;
      10. The applicant 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 in arbitration; 
      11. The applicant should be capable of writing a reasoned Arbitral Award.

C. Assessment

The eligible applications shall be assessed on the basis of the following factors:

1. Academic degrees or qualifications;
2. Current occupation, professional activity(ies) and position(s);
3. Fields of expertise / areas of practice;
4. Empanelment with other arbitral institutions and /or length of professional experience in the field of arbitration; and / or number of cases conducted by the applicant relating to arbitration.
5. Overall suitability.

D. Scrutinizing Applications

1. 1. The Governing Council shall scrutinize the applications for empanelment.
   2. The Governing Council Committee shall be guided by the factors of assessment laid down in these Rules while scrutinizing and evaluating the applications.
   3. The Governing Council shall shortlist the applicants on the basis of the eligibility criteria and assessment factors laid down in these Rules.
   4. The Governing Council may call any shortlisted applicant for personal interaction, where deemed necessary.

E.  Feedback

All the empaneled Arbitrators may be subject to feedback process of Centre from time to time. Same shall remain confidential. Centre shall maintain a confidential register and record the feedback, if any, received from the arbitrating parties. This Register will be placed before the Chairperson of the Governing Council from time to time.

F.   Re-Evaluation / Removal of Empaneled Arbitrators

The Governing Council may direct re-evaluation of empaneled Arbitrators under these Rules wherever deemed necessary. The Governing Council reserves the right to remove any Arbitrator from its panel if it deems appropriate to do so without assigning any reason(s).

G.  Time - Period

The empanelment shall be for a period of 3 years. Thereafter the applicant may seek re-empanelment, which shall be at the sole discretion of Governing Council. The re-empanelment of Arbitrator’s shall be subjected to approval of Governing Council. The General rules for Applicants as provided in point 38 (B) shall be taken into consideration for the same.

In case there is any order/ judgment of remand by a Court of law, concerned Arbitrator of the said case, even if not on the panel as on said date, may proceed with the matter as per prevailing Rules.

H. Miscellaneous:

1. 1. 1. The applications shall be placed before the Governing Council.
      2. The Governing Council is not required to give reasons for rejection to any unsuccessful candidate.
      3. The appointments made by Centre shall be as per internal assessment and are not open to scrutiny.

Professionals interested in Empanelment as Arbitrator at ICSI International ADR Centre may write to : internationaladrcentre@icsi.edu to get the Empanelment Form.