The Idea of Arbitration

A fair forum of the parties' own choice

Arbitration is founded upon a simple but fundamental idea: parties should be able to resolve their disputes outside the conventional court process, through a fair, impartial and independent mechanism of their own choosing. At the heart of this process lies party autonomy. The parties agree to submit their dispute to arbitration, and the dispute is determined by an independent arbitral tribunal in accordance with the applicable law, the agreed procedure and the principles of natural justice.

An arbitral institution facilitates and administers this process; it does not decide the merits of the dispute itself. But for arbitration to inspire genuine confidence, neutrality must extend beyond the individual arbitrator. The institution administering the arbitration must itself be structured and governed in a manner that promotes independence, neutrality and the equal treatment of all parties.

This principle forms the very foundation of the Delhi Arbitration Centre (DAC), Tis Hazari, Delhi.

Why an Independent Institution

Controlled by no one — answerable to the process alone

Disputes today may involve individuals, professionals, businesses, corporations, public authorities, Government bodies and other institutions. An arbitral institution intended to serve this diverse community should therefore not identify itself with the interests of any particular class, industry, commercial group or disputing stakeholder.

Across the arbitral world, institutions have often grown up under the aegis of courts, chambers of commerce, trade federations or industry associations. Whatever their merits, an institution constituted by one constituency will always be perceived through the lens of that constituency. The Delhi Arbitration Centre has been deliberately conceived on the opposite principle: it is not constituted, controlled or funded by Government, by the courts, or by any business house, industry body or trade association. It is an independent registered society, governed by its own memorandum and managing body, and answerable to nothing except the integrity of the arbitral process it administers.

The consequence is simple and visible in practice. A Government department appearing before a tribunal administered by DAC receives neither preference nor disadvantage because it is an instrumentality of the State. A corporation or business enterprise receives neither preference nor disadvantage because of its commercial standing. The same footing extends to individuals, professionals, and micro, small and medium enterprises — every party stands equal, irrespective of identity, size, influence or economic strength.

Neutrality by Design

The values of the world's credible institutions

The credibility of an arbitral institution ultimately rests upon the confidence of its users — and that confidence cannot merely be asserted; it must be reflected in the institution's governance, procedures and administration. The world's most respected arbitral institutions are, without exception, independent bodies: they belong to no litigant, no ministry and no industry, and it is precisely this detachment that gives their awards weight across borders. DAC seeks to carry these internationally recognised values forward in an institution accessible to the wider Indian community:

The DAC Position

Neither pro-Government nor pro-business — pro-neutrality

DAC does not conceive its role as being aligned with any category of litigant or disputing party. Its purpose is not to promote the interests of Government, industry, corporations or any particular professional or commercial constituency. Its commitment is to the integrity of the arbitral process itself.

Access

Arbitration for the wider community

Arbitration should not be perceived as a dispute-resolution mechanism reserved for large corporations or specialised industries. Nor should access to credible institutional arbitration depend upon membership of a particular trade, industry or commercial association.

DAC seeks to make professionally administered arbitration accessible to the general public, professionals, entrepreneurs, MSMEs, businesses, corporations, institutions and public authorities alike — subject always to the arbitrability of the dispute and the parties' agreement to arbitrate. Its panel draws upon Hon'ble former Judges of the Supreme Court, High Courts and District Courts, alongside senior advocates and domain professionals, so that every reference is decided with judicial rigour and practical understanding.

Located at Tis Hazari, Delhi, and serving litigants since 2011, the Centre seeks to contribute to a culture in which arbitration is understood as a genuine alternative: independent in character, efficient in administration and worthy of the confidence of all parties.