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Under Section 11(3A) of the Act, who has the power to **designate arbitral institutions**, from time to time, which have been graded by the Council under Section 43-I, for the purposes of the Act?
A{'text': 'The State Government of every State of India under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force in any State of India', 'label': 'A'}
B{'text': 'The Central Government of India under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force in any State of India regardless of any other consideration', 'label': 'B'}
C{'text': 'The Supreme Court and the High Court', 'label': 'C'}
D{'text': 'The Reserve Bank of India under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force in any State of India regardless of any other consideration', 'label': 'D'}
Answer & Solution
Correct answer: C. {'text': 'The Supreme Court and the High Court', 'label': 'C'}
1. Section 11(3A) of the Act, as inserted by the 2019 Amendment and reproduced in Lesson 13, vests the designation power in the **Supreme Court** and the **High Court**.
2. The institutions designated must have been graded by the **Council under Section 43-I** (the Arbitration Council of India set up by the 2019 Amendment).
3. The two-step structure (grading by Council + designation by SC/HC) was designed to professionalise institutional arbitration in India.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 13 (Arbitration and Conciliation Act, 1996), pp. 297-303._
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