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With a view to providing an institutional mechanism for
resolution of construction and infrastructure related disputes, the
Construction Industry Development Council, India (CIDC) in cooperation
with the Singapore International
Arbitration Centre (SIAC) has set up an Arbitration Centre in India
called the
Construction Industry Arbitration Council (CIAC).
CIAC is a Registered Society with its headquarters in New Delhi.
Arbitration under the auspices of the CIAC will have the following
features:
(a) Speed: The CIAC Arbitration
Rules provides for tight timelines for appointment of arbitrators and for
rendering of the award. Under the CIAC Arbitration Rules, the
arbitrator will have to make a reasoned award within 45 days from close of
hearing.
(b) Trained Arbitrators: The
panel of arbitrators of CIAC consists of professionals from the
construction industry as well as the legal fraternity. They have
gone through formal training before being admitted to the panel. As
at 14 June 2006, about 155 arbitrators have been trained and certified in
arbitration workshops conducted in India and Singapore and have been
admitted to the panel.
(c) Strict Code
of Ethics for Arbitrators: An arbitrator is appointed to a particular
case only after availability and conflict of interest checks are made.
Arbitrators appointed are reminded in each assignment, of the strict Code
of Ethics under which they are to conduct the arbitration.
(d) Transparent management of
arbitrator’s fees: To assist parties know their financial exposure to
the costs of arbitration, CIAC will charge parties based on a published
Scale of Fees.
(e) Monitor the progress of the
case: The Secretariat of CIAC will monitor the progress of the case
throughout the arbitration.
(f)
Arranging facilities and services for hearing: The Secretariat would
be able to arrange Rooms for arbitration hearings. The Secretariat
would also be able to arrange transcription, translation and
interpretation services. Audio and video recording facilities can
also be arranged.
Construction companies, Public Sector Undertakings and Government
departments choosing arbitration may consider the clear advantages of an
institution-administered arbitration as opposed to ad hoc
arbitrations. CIAC would be happy to answer enquires on drafting of
arbitration clauses apart from recommending to the parties that they adopt
its Model Arbitration Clause in their contracts.
Copyright 2006
Construction Industry Arbitration Council
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