Lok Sabha Question No. 5006 (UNSTARRED), answered on 2023-03-31
Subject: International Arbitration Centre
Ministry: LAW AND JUSTICE
Asked by: Kuruva Gorantla Madhav

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF LEGAL AFFAIRS

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## LOK SABHA

## UNSTARRED QUESTION NO. 5006

## TO BE ANSWERED ON FRIDAY, THE 31ST MARCH, 2023

## INTERNATIONAL ARBITRATION CENTRE

## 5006. SHRI KURUVA GORANTLA MADHAV:

## Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether any treaty has been signed regarding establishment of an International Mediation/Arbitration Centre in India, if so, the details thereof;
- (b) whether the Government has any plans for the development of infrastructure facilities for the Judiciary throughout the country; and
- (c) if so, the details thereof and if not, the reasons thereof?

## ANSWER MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

(a) :  Yes,  a  Host  Country  Agreement  (HCA)  was  signed  on  19.09.2008  between  the Government of the Republic of India and the Permanent Court of Arbitration (PCA) for establishment of a Regional Facility of PCA in India. As per the article 1 of the HCA, the Republic  of  India  shall  be  a  host  country  for  the  PCA  in  the  peaceful  resolution  of international disputes through arbitration, mediation, conciliation and fact-finding commissions  of  inquiry  and  in  providing  other  appropriate  assistance  to  government, inter- governmental organisations and other entities. Article 1 of the HCA also defines PCA Proceedings to mean any dispute resolution proceedings administered by or under the  auspices  of  the  PCA,  whether  or  not  pursuant  to  the  1899  Convention,  the  1907 Convention,  or  any  of  the  PCA's  optional  rules  of  procedure,  to  the  extent  that  any hearing, meeting or other activity related thereto takes place within the territory of the host  country  and  PCA  Adjudicator  to  mean  any  arbitrator,  mediator,  conciliator  or member of a commission of inquiry taking part in a hearing, meeting or other  activity  in  relation  to  PCA  proceedings.  Further,  as  per  article  4  of  the  HCA,

Ministry of External Affairs (MEA) has to coordinate on behalf of the Government all issues arising with respect to implementation of the agreement. Also article 6 of the HCA states  that  the  PCA  including  any  space  provided  and  used  pursuant  to  article  3  shall enjoy  mutatis  mutandis,  the  same  privileges  and  immunities  as  those  accorded  to  the United  Nations  in  the  Republic  of  India  pursuant  to  Art.  II  of  the  UN  convention (Convention on the Privileges and Immunities of the United Nations 1946).

(b) & (c): The primary responsibility of the development of infrastructure facilties for the judiciary rests with the State Governments. The Union Government has been implementing  a  Centrally  Sponsored  Scheme  for  the  development  of  infrastructure facilities for the Judiciary by providing financial assistance to State Governments/UTs in the prescribed fund-sharing pattern between the Centre and States. The scheme is being implemented since 1993-94. It covers the construction of court buildings and residential accommodations  for  judicial  officers  of  the  district  and  subordinate  judiciary.  The scheme does not cover High Courts. A sum of Rs. 9815 crores has been released under the Scheme so far since its inception, out of which Rs.6370.78 crores (64.91%) has been released since 2014-15. The scheme has been extended from 2021-22 to 2025-26 with a budgetary  outlay  of  Rs.  9000  crores  including  a  central  share  of  Rs.  5307.00  crores. Besides  the  construction  of  court  halls  and  residential  quarters,  the  scheme  now  also covers the construction of lawyers' halls, digital computer rooms, and toilet complexes in the  district  and  subordinate  Courts.  As  on  date,  21,297  Court  Halls  and  18,752 residential accommodations have been made available for judicial officers of the District and  Subordinate  judiciary  in  the  country.  In  addition,  2,806  court  halls  and  1,654 residential units are under construction in various States.