Home › CS Executive › jurisprudence › Arbitration and Conciliation Act 1996 › Section 43C of the Act lists the **composition o…
Section 43C of the Act lists the **composition of the Arbitration Council of India**. According to the Act, the Chairperson is:
A{'text': 'A person who has been Cabinet Secretary of the 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', 'label': 'A'}
B{'text': 'A person who has been Speaker of any House of Parliament 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': 'B'}
C{'text': 'A person who has been a Judge of the Supreme Court, or a Chief Justice of a High Court, or a Judge of a High Court, or an eminent person, appointed by the Central Government in consultation with the Chief Justice of India', 'label': 'C'}
D{'text': 'A person who has been Chief Election Commissioner 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': 'D'}
Answer & Solution
Correct answer: C. {'text': 'A person who has been a Judge of the Supreme Court, or a Chief Justice of a High Court, or a Judge of a High Court, or an eminent person, appointed by the Central Government in consultation with the Chief Justice of India', 'label': 'C'}
1. Section 43C of the Act prescribes the membership of the ACI.
2. The **Chairperson** is "a person who has been, a Judge of the Supreme Court or, Chief Justice of a High Court or, 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**".
3. Other members include an eminent arbitration practitioner, an academician, two ex-officio Secretaries (Legal Affairs, Expenditure), a commerce/industry representative and the Member-Secretary CEO.
4. The term of office is **three years**; the Chairperson cannot hold office after 70 years (other members after 67).
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 13 (Arbitration and Conciliation Act, 1996), pp. 314-333._
Related questions
Under Section 73 read with Section 74 of the Act, when the parties sign the **settlement aSection 66 of the Act provides that the **conciliator is not bound** by:Under Section 62 of the Act, conciliation proceedings COMMENCE when:Lesson 13 distinguishes **conciliation** from arbitration and mediation. Which propositionSection 49 of the Act provides that where the Court is satisfied that the foreign award isUnder Section 45 of the Act (Part II — enforcement of foreign awards under the New York CoThe **Arbitration Council of India** was established under Section 43B of the Act (inserteSection 43(1) of the Act provides: