WHEREAS Justice – social, economic and political, is a preambular precept of the Constitution and access to fair, cost-efficient and expeditious justice , judicially recognized as a facet of the Fundamental Right to Life, is integral to the profound Constitutional values; and

WHEREAS, Alternate Dispute Resolution mechanism is an attempt to bring about resolution of disputes in an amicable, peaceful and economically viable manner and the resuscitation of section 89 by way of 129th Report of Law Committee and The Malimath Committee which resulted in enactment of Code of Civil Procedure (Amendment Act, 1999) incorporating the section therein, cemented the position of Alternate Dispute Resolution as a means of ensuring Access to Justice; and

WHEREAS, section 89 of the Code of Civil Procedure, 1908 mandates the Court to refer such matters to Alternate Dispute Resolution methods including arbitration, conciliation, mediation or Lok Adalat, in circumstances where it appears to the Court that there exists elements of a settlement between the litigating parties and formulate the terms of settlement or propose a tentative settlement which may be acceptable to the parties, before referring such matter; and

WHEREAS, the Hon’ble Supreme Court while dealing with the Constitutional validity of Section 89 CPC in "Salem Advocate’s Bar Association Vs Union of India” Case (2006) 6SCC 344 constituted Justice M. Jagannadha Rao Committee and adopted its report to ensure the effectiveness of the amendments in relating to alternate dispute resolution method for quick and effective dispensation of Justice. The Committee also made suggestions for preparation of draft rules for alternative methods of resolution of disputes. The report of the Committee was adopted by the Supreme Court making it mandatory for all High Courts to take notice of the recommendations and frame rules for the governance of alternate dispute resolution methods; and

WHEREAS, it is earnestly desired to have a robust and credible arbitral institution for developing, supporting and strengthening the domestic and international arbitration ecosystem in the Union Territory of Jammu & Kashmir; and

WHEREAS, section 11 of the Arbitration and Conciliation Act, 1996 lists in detail the procedure for appointment of the arbitrators by the Chief Justice or any person or institution designated by him in circumstances as specified within the provision.

NOW THEREFORE, a High Court annexed Arbitration Centre named as “Jammu & Kashmir International Arbitration Centre (JKIAC)” which shall be an independent and autonomous institution, is being setup with wings at Srinagar and Jammu, for facilitating the objective of dispute resolution by the process of arbitration The Constitution of the Arbitration Committee, its powers and functions, functioning of the Secretariat, duties and responsibilities of the Coordinator, appointment, duties and responsibilities of JKIAC Counsel, appointment and function of Law Researchers, Panel of Arbitrators and such like provisions are specified in Jammu & Kashmir International Arbitration Centre (JKIAC) (Internal Management) Rules, 2020 ; The administrative costs and arbitrators’ Fees are regulated by Jammu & Kashmir International Arbitration Centre (JKIAC) (Administrative Costs & Arbitrators’ Fees) Rules, 2020; The rules of arbitration are specified in the Jammu & Kashmir International Arbitration Centre (JKIAC) (Arbitration Proceedings) Rules, 2020.