The India International Arbitration Centre Act, 2019
The India International Arbitration Centre Act, 2019, Act Number 17 of 2019, was enacted by Parliament and dated 26 July 2019 to establish the India International Arbitration Centre and transfer specified undertakings of the International Centre for Alternative Dispute Resolution. The Act was amended by Act 23 of 2022, effective 27 January 2023, to replace the former name, New Delhi International Arbitration Centre, with India International Arbitration Centre.
Purpose and commencement
The India International Arbitration Centre Act, 2019 is deemed to have come into force on 2 March 2019. It creates an independent institutional framework for domestic and international arbitration, declares the India International Arbitration Centre an institution of national importance, and provides for taking over specified undertakings of the International Centre for Alternative Dispute Resolution.
The Centre has its head office in New Delhi. With prior approval from the Central Government, it may establish branches elsewhere in India and abroad.
Land and property provisions
The India International Arbitration Centre Act, 2019 provides that, from a date notified by the Central Government, undertakings of the International Centre for Alternative Dispute Resolution covered by the Act transfer to and vest in the Central Government. The supplied text does not identify that notified date.
The transferred undertaking may include:
- Movable and immovable property, including land and buildings.
- Leasehold rights, works, projects and vehicles.
- Cash, funds, investments and book debts.
- Powers, privileges, records, registers and other documents.
- Rights and interests arising from the transferred property.
Transferred property and assets vesting in the Central Government are freed from trusts, mortgages, charges, liens, attachments and other encumbrances described in the Act. Court orders restricting use of the assets, or appointing a receiver over them, are treated as withdrawn.
Continuing rights and proceedings
The India International Arbitration Centre Act, 2019 keeps existing licences and instruments relating to a transferred undertaking in force according to their terms. If an undertaking is later directed to vest in the Centre, the Centre is substituted into the relevant licence or instrument for its remaining period.
Pending suits, appeals and other proceedings concerning transferred property do not end merely because of the transfer. They may continue by or against the Central Government, or by or against the Centre where the undertaking is vested in it. Liabilities relating to periods before the notified transfer date remain enforceable against the International Centre for Alternative Dispute Resolution.
Who may be affected
The India International Arbitration Centre Act, 2019 directly affects the International Centre for Alternative Dispute Resolution, the Central Government, the new Centre, and persons dealing with property, licences, liabilities or proceedings connected with the transferred undertakings. The Centre is a corporate body that may acquire, hold and dispose of movable and immovable property, enter contracts, and sue or be sued.
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Common questions
Does this law transfer privately owned land across Tamil Nadu?
No general transfer of private land is stated. The property transfer provisions concern undertakings of the International Centre for Alternative Dispute Resolution, including land and buildings forming part of or related to those undertakings.
What happens to a mortgage or charge over property transferred under the Act?
The Act states that transferred properties and assets vesting in the Central Government are freed and discharged from mortgages, charges, liens and the other encumbrances listed in the text.
Do existing property proceedings stop when an undertaking is transferred?
No. A pending suit, appeal or other proceeding relating to transferred property may continue by or against the Central Government, or by or against the India International Arbitration Centre if the undertaking is vested in the Centre.
Can the India International Arbitration Centre own or sell land?
Yes. The Centre is a corporate body with power, subject to the Act, to acquire, hold and dispose of movable and immovable property.
