"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Saturday, April 18, 2015

Madras High Court Arbitration Centre Rules

Three Rules have been published by the Registrar-General of the Madras High Court in relation to the Madras High Court Arbitration Centre. These Rules are as follows:
  • The Madras High Court Arbitration Centre (MHCAC) (Internal Management) Rules, 2014
  • The Madras High Court Arbitration Centre (MHCAC) (Arbitration Proceedings) Rules, 2014
  • The Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrators’ Fees) Rules, 2014
These developments are significant to arbitration in Tamil Nadu. Probably the Madras HC would go the Delhi High Court way in referring most of the disputes to the Arbitration Centre. The development is in the right direction. Readers of this blog would recollect this blawgger's article in the Economic & Political Weekly criticising the secrecy behind the nomination by the High Courts of the arbitrators in petitions under Section 11 of the Arbitration and Conciliation Act, 1996.
This development is in the right direction since the manner of appointment of arbitrators and reference is provided in detail in these Rules. Let's hope the implementation is also transparent.
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