Sections 43A explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Part IA of the Act is headed "Arbitration Council of India". Section 43A gives three definitions for the Part, and section 43B says the Central Government shall, by notification in the Official Gazette, establish the Council as a body corporate with its head office at Delhi. This article reads both as per the India Code consolidated text consulted. It says nothing about whether the Council has been established, because the source is silent. For a view on how the Part affects your own arbitrations, a legal consultation is the starting point.
Part IA is shown as inserted by Act 33 of 2019, section 10, with effect from 12-10-2023. Section 43A defines "Chairperson", "Council" and "Member". Section 43B says the Central Government shall establish, by notification in the Official Gazette, a Council to be known as the Arbitration Council of India; it is a body corporate with perpetual succession and a common seal, its head office is at Delhi, and it may open offices at other places in India with the Central Government's prior approval.
The Part IA heading and its footnote
Part IA sits between Part I (Chapter X, ending at section 43) and Part II. The footnote to the heading reads: "Ins. by Act 33 of 2019, s. 10 (w.e.f. 12-10-2023)". Act 33 of 2019 is the 2019 Amendment Act, and the date printed in the footnote is 12-10-2023. This is the latest date printed anywhere in the text consulted. Elsewhere the 2019 Act's insertions carry the date 30-8-2019; Part IA carries a different date, and this article gives it as printed and draws no conclusion from the difference.
The opening bracket of Part IA is printed before the Part heading and closes only after section 43M(5), so the whole Part from section 43A to section 43M is one inserted block. The footnote to section 43J, which shows that section as substituted, is dealt with in our article on sections 43-I, 43J and 43K.
Section 43A: definitions
The printed heading is "Definitions. In this Part" (without a dash after "Definitions"). The three definitions, "unless the context otherwise requires", are:
| Term | Definition as printed |
|---|---|
| "Chairperson" | The Chairperson of the Arbitration Council of India appointed under clause (a) of sub-section (1) of section 43C |
| "Council" | The Arbitration Council of India established under section 43B |
| "Member" | A Member of the Council, and includes the Chairperson |
These definitions are for "this Part" only. They sit alongside the definitions in section 2(1) for Part I, and the two sets are separate. Section 2 as printed in the text consulted does not define "arbitral institution", "prescribed" or "regulations", words that Part IA uses in the Act's own terms; this article defines none of them. The composition of the Council, including the Chairperson's appointment, is in section 43C; see our article on section 43C.
Section 43B: establishment and incorporation
Sub-section (1): establishment by notification
"The Central Government shall, by notification in the Official Gazette, establish, for the purposes of this Act, a Council to be known as the Arbitration Council of India to perform the duties and discharge the functions under this Act."
Three things are fixed by the words:
- Who acts: the Central Government.
- How: "by notification in the Official Gazette".
- Purpose: the Council is to "perform the duties and discharge the functions under this Act". Those duties and functions are in section 43D; see our article on the Council's duties and functions.
The word is "shall", but the sub-section sets no date. No notification establishing the Council is in the source, and this article does not say whether the Council has been established, who sits on it, or whether any provision of Part IA has been brought into operation by notification.
Sub-section (2): a body corporate
"The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to enter into contract, and shall, by the said name, sue or be sued."
In plain terms, the Council is a legal person: it continues regardless of changes in its members, has a seal, can own and transfer property, can contract, and can sue and be sued in its own name. Its powers are "subject to the provisions of this Act".
Sub-section (3): head office at Delhi
"The head office of the Council shall be at Delhi."
Sub-section (4): other offices
"The Council may, with the prior approval of the Central Government, establish offices at other places in India." Both the condition (prior approval) and the territory (other places in India) are printed.
What section 43B does not say
The section is silent on several matters a reader may expect it to cover. This article states none of them, because the text consulted does not:
- the date on which the Council is to be established;
- the Council's budget, funds or accounts;
- the number of offices, or where they may be;
- whether any person or institution must register with the Council.
Where Part IA sits in the Act
| Sections | Subject | Our article |
|---|---|---|
| 43A, 43B | Definitions; establishment and incorporation | This article |
| 43C | Composition of the Council | Section 43C |
| 43D | Duties and functions | Section 43D |
| 43E to 43G | Vacancies, resignation, removal | Sections 43E, 43F and 43G |
| 43H to 43M | Experts, grading, accreditation, depository, regulations, Chief Executive Officer | Articles on 43H, 43L and 43M and 43-I, 43J and 43K |
The Mediation Act, 2023 creates a separate body, the Mediation Council of India, under that Act. It is a parallel body under another Act, and our posts on sections 31–32 of the Mediation Act, 2023 explain it. They are not part of Part IA.
An example
A trade association in Gujarat reads the 2019 Amendment Act and asks whether it should register with the Arbitration Council of India. Section 43B tells it only that the Central Government shall establish the Council by notification in the Official Gazette and that the Council is a body corporate with its head office at Delhi. The text consulted contains no rule about registration, and no notification. The association should therefore look to the notification itself and to any regulations and rules made under the Act; none are in the source for this article.
Need help understanding Part IA?
Part IA affects institutions, arbitrators and parties who choose institutional arbitration, but much of it works through notifications, rules and regulations that are outside the text consulted. Our legal consultation service can review what applies to your situation after checking the current notifications.
Key takeaways
- Part IA is shown as inserted by Act 33 of 2019, section 10, with effect from 12-10-2023.
- Section 43A defines "Chairperson", "Council" and "Member" for this Part.
- The Central Government shall establish the Arbitration Council of India by notification in the Official Gazette.
- The Council is a body corporate with perpetual succession and a common seal; its head office is at Delhi.
- It may establish offices at other places in India with the prior approval of the Central Government.
- The source does not say whether the Council has been established.
Read next
- Section 43C: composition of the Arbitration Council of India
- Section 43D: duties and functions of the Council
- Section 43: the Limitation Act applies to arbitrations
- Arbitration and Conciliation Act 2019 amendment: key changes
Disclaimer: Based on the India Code consolidated text of the Arbitration and Conciliation Act, 1996, whose footnotes show amendments up to Act 3 of 2021 and a latest date of 12 October 2023, as consulted on 2 October 2026. Rules, regulations and notifications under the Act, later amendments and the commencement of the Mediation Act, 2023 should be checked. This article is general information, not legal advice; check the official text before acting.