Sections 43-I 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.
Three short sections in Part IA give the Arbitration Council of India specific tasks. Section 43-I says the Council shall grade arbitral institutions on stated criteria, section 43J leaves the qualifications and norms for accreditation of arbitrators to the regulations, and section 43K requires the Council to maintain an electronic depository of arbitral awards made in India. All three work through "the regulations", and no regulations are in the source. This article reads the sections as per the India Code consolidated text consulted.
Section 43-I: the Council shall make grading of arbitral institutions on criteria of infrastructure, quality and calibre of arbitrators, and performance and compliance of time limits for disposal of domestic or international commercial arbitrations, in such manner as the regulations specify. Section 43J (as substituted): the qualifications, experience and norms for accreditation of arbitrators are as the regulations specify. Section 43K: the Council shall maintain an electronic depository of arbitral awards made in India and related records, in such manner as the regulations specify. The regulations are not in the source.
Where these sections sit
All three belong to Part IA, shown as inserted by Act 33 of 2019, section 10, with effect from 12-10-2023. For the Council's establishment see our article on sections 43A and 43B, and for its list of functions see section 43D, which includes grading policies (clause (a)), review of grading (clause (c)), recognition of accreditation institutes (clause (b)) and a depository of awards (clause (j)). The sections discussed here are the specific provisions behind those clauses. If your institution or practice is affected, our arbitration support team can map the provisions to your position.
The text consulted does not say whether the Council has been established, whether any grading has been published or whether any regulation has been made. This article states none of those.
Section 43-I: general norms for grading of arbitral institutions
The section reads: "The Council shall make grading of arbitral institutions on the basis of criteria relating to infrastructure, quality and calibre of arbitrators, performance and compliance of time limits for disposal of domestic or international commercial arbitrations, in such manner as may be specified by the regulations."
The printed heading writes the section as "43-I", with a hyphen, to keep it apart from "43J". This article uses the same form.
Taken word by word:
| Element | What the text says |
|---|---|
| Who grades | The Council |
| What is graded | Arbitral institutions |
| Criteria | Infrastructure; quality and calibre of arbitrators; performance and compliance of time limits for disposal of domestic or international commercial arbitrations |
| Manner | "As may be specified by the regulations" |
| Mandatory or enabling | "Shall make grading": mandatory in tone, but the manner is left to the regulations |
Section 2 as printed in the text consulted has no definition of "arbitral institution" or "regulations". The Council's power to make regulations is in section 43L; see our article on sections 43H, 43L and 43M. The section does not say how often grading is done, whether it is published, or what follows from a low grade; the text consulted is silent on each.
Section 43J: norms for accreditation of arbitrators
"The qualifications, experience and norms for accreditation of arbitrators shall be such as may be specified by the regulations."
The footnote reads: "Subs. by Act 3 of 2021, s. 3, for section 43J (w.e.f. 4-11-2020)". Act 3 of 2021 is the Arbitration and Conciliation (Amendment) Act, 2021. So section 43J is shown as the section substituted by that Act, with a date printed as 4-11-2020, while Part IA as a whole is shown as inserted with effect from 12-10-2023. This article gives both dates as printed and draws no conclusion from them. The text of the earlier section 43J is not printed, and this article says nothing about it.
A printing point: the text consulted shows two footnotes on that page, both numbered "1.". The first (the 43J one) is the footnote just described; the second belongs to section 45 and is dealt with in our article on section 45.
The section covers "accreditation of arbitrators" generally. It does not say that only an accredited person may act as an arbitrator, and the text consulted is silent on that. Section 11 and the later provisions on appointment, explained in our post on appointment of arbitrator under section 11, are separate. Section 43D(2)(b) lets the Council recognise professional institutes providing accreditation of arbitrators.
Section 43K: depository of awards
"The Council shall maintain an electronic depository of arbitral awards made in India and such other records related thereto in such manner as may be specified by the regulations."
| Element | What the text says |
|---|---|
| Duty-holder | The Council ("shall maintain") |
| Form | Electronic depository |
| What goes in | Arbitral awards made in India, and "such other records related thereto" |
| Manner | As specified by the regulations |
The section does not say who must file an award, within what time, or who may look at the depository. Those points are not in the text consulted. Section 42A on confidentiality lets the award be disclosed where necessary for implementation and enforcement; see our article on sections 42A and 42B. The text consulted does not connect the two sections, and this article does not link them further.
The Eighth Schedule
The Eighth Schedule is printed in the text consulted only as an omission: " Omitted by the Arbitration and Conciliation (Amendment) Act, 2021 (3 of 2021), s. 4 (w.e.f. 4-11-2020)." Its former contents are not printed, and this article says nothing about them. The Arrangement of Sections still lists the Eighth Schedule.
An example
An arbitral centre, Northern Arbitration Forum, asks what it must do to be graded. Section 43-I tells it the criteria (infrastructure, quality and calibre of arbitrators, and performance and compliance of time limits for disposal of domestic or international commercial arbitrations) but sends the manner of grading to the regulations. The Forum needs the regulations, and they are not in the source for this article.
An advocate who wishes to be accredited as an arbitrator reads section 43J. It tells her only that the qualifications, experience and norms are as the regulations specify. A company that wants to file an award with the depository reads section 43K and finds a duty on the Council but no instruction to the parties.
Need help with an institution, accreditation or award filing?
The three sections set a framework, but the working rules sit in regulations that are outside the text consulted. Our arbitration support service can review the regulations and notifications that apply to your case, once you have identified them.
Key takeaways
- Section 43-I: the Council shall grade arbitral institutions on infrastructure, quality and calibre of arbitrators, and performance and compliance of time limits, in the manner the regulations specify.
- Section 43J: qualifications, experience and norms for accreditation of arbitrators are as the regulations specify; the footnote shows it as substituted by Act 3 of 2021 (w.e.f. 4-11-2020).
- Section 43K: the Council shall maintain an electronic depository of awards made in India and related records, as the regulations specify.
- The Eighth Schedule is printed only as omitted by Act 3 of 2021, s. 4 (w.e.f. 4-11-2020).
- No regulations are in the source.
Read next
- Sections 43H, 43L and 43M: experts, regulations and Chief Executive Officer
- Section 44: foreign award under the New York Convention
- Section 43D: duties and functions of the Council
- Appointment of arbitrator: section 11
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.