GOVERNANCE CHARTER

GOVERNANCE CHARTER

Indo-US Arbitration Hub

1. Foundational Principles

The Indo-US Arbitration Hub operates on the following principles:

  • Institutional independence

  • Procedural neutrality

  • Transparency in administration

  • Equal party treatment

  • Enforceability under international conventions

  • Ethical accountability

The Hub functions as a non-profit institutional arbitration body (or as incorporated under applicable law).

2. Governance Structure

A. Governing Council

The Governing Council is the apex policy body.

Composition:

  • Chairperson

  • Vice-Chair (India)

  • Vice-Chair (USA)

  • 4–8 Council Members

  • Independent Ethics Advisor

Functions:

  • Strategic direction

  • Rule amendments

  • Panel accreditation

  • Institutional policy oversight

  • Budget approval

  • International partnerships

Council members serve fixed terms (e.g., 3 years, renewable once).

B. Arbitration Court / Appointments Committee

An independent body responsible for:

  • Appointment of arbitrators where parties fail to agree

  • Deciding challenges to arbitrators

  • Fixing arbitrator fees (where required)

  • Scrutinizing draft awards (optional model)

  • Consolidation and joinder decisions

The Court does not decide merits of disputes.

C. Secretariat

The administrative arm of the Hub.

Headed by:

  • Registrar / Secretary-General

Responsibilities:

  • Case registration

  • Procedural coordination

  • Financial management

  • Communication with parties and tribunals

  • Maintaining digital case platform

  • Compliance oversight

The Secretariat acts impartially and does not influence tribunal decisions.

3. Independence & Conflict Protocol

All arbitrators must:

  • Submit written independence declarations

  • Disclose potential conflicts

  • Adhere to international conflict standards (IBA Guidelines)

Council members cannot interfere in active cases.

Any conflict involving governance members requires recusal.

4. Code of Ethics

The Hub adopts a formal Code of Ethics covering:

  • Confidentiality

  • Data protection

  • Professional conduct

  • Anti-corruption compliance

  • Equal opportunity standards

Violation may result in:

  • Removal from panel

  • Institutional sanctions

  • Reporting to professional bodies

5. Arbitrator Accreditation

Panel inclusion requires:

  • Demonstrated arbitration experience

  • Cross-border expertise

  • Subject matter competence

  • Peer or institutional references

  • Conflict compliance clearance

Periodic review ensures quality control.

6. Financial Governance

  • Annual audited financial statements

  • Transparent fee schedule

  • Segregated client cost deposits

  • Compliance with Indian and U.S. regulatory requirements (as applicable)

7. Amendment Procedure

The Arbitration Rules and Governance Charter may be amended by:

  • Two-thirds vote of the Governing Council

  • Public consultation (where appropriate)

  • Publication of revised rules with effective date

8. Data Protection & Confidentiality

The Hub complies with:

  • Applicable Indian data protection laws

  • U.S. privacy standards

  • International confidentiality norms

All proceedings are confidential unless parties agree otherwise.

9. International Alignment

The Hub operates in harmony with:

  • UNCITRAL Model Law

  • New York Convention

  • International institutional best practices