GOVERNMENT-BACKED BILATERAL TREATY POSITIONING VERSION

GOVERNMENT-BACKED BILATERAL TREATY POSITIONING VERSION

This model positions the Hub as a quasi-sovereign arbitration institution supported by India and the United States.

1. Foundational Basis

The Indo-US Arbitration Hub may be established:

  • Through a Memorandum of Understanding between Ministries of Commerce / Law

  • Recognized under a bilateral dispute resolution cooperation framework

  • Endorsed by trade and investment authorities

It remains institutionally independent but enjoys diplomatic recognition.

2. Status

  • Recognized neutral dispute resolution body

  • Designated forum for government-supported trade disputes

  • Eligible to administer investor-state and state-entity disputes (if treaty framework allows)

3. Government Liaison Committee

Composed of:

  • Representative, Ministry of Law (India)

  • Representative, U.S. Department of Commerce

  • Trade promotion authority nominees

  • Non-voting institutional representatives

Role:

  • Policy coordination

  • Trade corridor facilitation

  • Promotion of arbitration literacy

No involvement in case merits.

4. Sovereign Neutrality Safeguards

  • Explicit non-interference clause

  • Institutional independence clause

  • Funding firewall

  • Case confidentiality protections

5. Diplomatic Positioning

The Hub may:

  • Host bilateral dispute resolution summits

  • Serve as preferred venue for cross-border public-private disputes

  • Act as neutral venue in infrastructure and technology disputes

III. SECTION 8 COMPANY CONSTITUTIONAL DRAFT (INDIA)

Below is a structural draft outline for incorporation under Section 8 of the Companies Act, 2013.

1. Name Clause

The name of the company shall be:

Indo-US Arbitration Hub

2. Registered Office Clause

The Registered Office shall be situated in India.

3. Objects Clause

Main Objects:

  • To promote institutional arbitration between India and the United States

  • To administer domestic and international arbitration

  • To develop dispute resolution frameworks

  • To conduct training, research, and certification

Incidental Objects:

  • Establish hearing facilities

  • Publish arbitration materials

  • Collaborate with global institutions

  • Appoint arbitrators and mediators

4. Non-Profit Clause

The income and property shall be applied solely for the promotion of its objects.

No dividends shall be distributed.

5. Liability Clause

Limited by guarantee (preferred structure for neutrality).

6. Board Structure

  • Minimum 3 Directors

  • Maximum 15 Directors

  • At least 1 independent director

  • 1 nominee director (if treaty-aligned model adopted)

7. Governance Safeguards

  • Annual audit

  • CSR compliance (if applicable)

  • Transparent financial reporting

  • Conflict of interest register