To become an arbitrator in India you need no fixed degree or licence: under Section 11 of the Arbitration and Conciliation Act, 1996, the parties are free to appoint whomever they trust. In practice, arbitral institutions and parties look for 10 or more years of relevant legal, commercial, or technical experience and a reputation for neutrality.
The route into arbitration shifted in 2024. In a Constitution Bench ruling in Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV), a five-judge bench of the Supreme Court held that one party cannot unilaterally appoint the sole arbitrator, and cannot force the other side to choose from a panel it alone controls. That decision reshaped how government and public-sector panels, long a common entry point for new arbitrators, are allowed to work. Around the same time the Arbitration Council of India, the body meant to accredit arbitrators, still had not been constituted, which leaves qualification standards to the parties and the institutions.
This guide sets out how to become an arbitrator in India: who is eligible, the qualifications and experience that matter, the step-by-step path, how to get empanelled and appointed, and what arbitrators actually earn.
The path suits more people than most assume. Retired judges and senior litigators are the obvious candidates, but chartered accountants, cost accountants, company secretaries, engineers, and other domain experts sit on tribunals every year, especially in construction, commercial, and technical disputes.
Who can become an arbitrator in India
Almost anyone can become an arbitrator in India, because the Act sets no mandatory qualification and leaves the choice to the parties. The Arbitration and Conciliation Act, 1996 does not require a degree, a licence, or a particular profession. Eligibility is defined by the arbitration agreement, not by a statutory checklist, so a contract can name a retired judge, a chartered accountant, or an engineer with equal validity.
That freedom is the single most important thing to understand about this career. You do not sit an entrance exam or apply to a regulator for permission to arbitrate. You build a reputation that makes parties, institutions, and courts willing to trust you with a decision, and the appointments follow from that trust.
No mandatory degree: party autonomy and Section 11
No degree is required to be appointed as an arbitrator in India. Section 11(1) of the Act states that a person of any nationality may be an arbitrator, unless the parties agree otherwise. The provision is built around party autonomy: the parties decide who decides their dispute.
Section 11(8) then tells the appointing authority to have due regard to any qualifications the parties have required in their agreement, and to the need to secure an independent and impartial arbitrator. So if a contract says the arbitrator must be a retired High Court judge or a fellow of a named institute, that requirement binds the appointment. Where the agreement is silent, the field is open.
This is why a working knowledge of the arbitration agreement matters more than any credential. The agreement is where qualifications, if any, are set, and it is the first document a court reads on a Section 11 application.
The Section 43J shift: the Eighth Schedule is gone
The one attempt to write a fixed qualification list into the Act has since been undone. The 2019 Amendment inserted the Eighth Schedule, an exhaustive list of who could act as an arbitrator, each category requiring roughly 10 years of experience: an advocate, a chartered accountant, a cost accountant, a company secretary, and various officers and graduates from technical, scientific, legal, and managerial streams. The list drew heavy criticism because, by referencing only Indian statutory professions, it effectively shut out foreign-qualified arbitrators.
The 2021 Amendment Act reversed course. It omitted the Eighth Schedule and substituted Section 43J so that the qualifications, experience, and norms for accrediting arbitrators would instead be set by regulations, framed by the Arbitration Council of India. You can read what the now-omitted Eighth Schedule once contained to see the drafting intent.
The catch is that those regulations do not yet exist, because the Arbitration Council of India has not been set up. The result in 2026 is that there is no operative statutory list of who qualifies. Party autonomy under Section 11, read with the independence rules in Section 12, governs in the meantime.
Can a non-lawyer (CA, engineer, or company secretary) become an arbitrator?
Yes, a non-lawyer can be appointed as an arbitrator in India, and many are. Nothing in the Act limits arbitration to advocates, and the now-omitted Eighth Schedule had itself listed chartered accountants, cost accountants, company secretaries, and technical graduates alongside advocates. That listing reflects long-standing practice rather than an exception to it.
In technical and quantum-heavy disputes, parties often prefer an arbitrator who understands the subject over one who knows only the law. A construction dispute about delay and variation claims may be better served by a senior engineer or a quantity surveyor; a valuation dispute by a chartered accountant; an insurance dispute by an actuary. Three-member tribunals frequently pair a legal mind with a domain expert for exactly this reason.
What a non-lawyer must still master is the procedure and the award. An arbitrator who cannot run a fair hearing, apply the rules of evidence sensibly, or write an award that survives a challenge under Section 34 will not be appointed twice, whatever their technical standing.
Independence and impartiality: Section 12 and the Seventh Schedule
The real bar on who can act is independence, not qualification. Section 12, read with the Fifth Schedule, lists the relationships and circumstances that give rise to justifiable doubts about an arbitrator’s independence or impartiality, which a party can raise as a challenge. The Seventh Schedule goes further and lists relationships that make a person ineligible as a matter of law.
Section 12(5) makes the Seventh Schedule non-negotiable: a person whose relationship with a party, counsel, or the subject matter falls within it is ineligible to act, and that ineligibility can be waived only by an express written agreement made after the dispute has arisen. Both schedules are modelled on the International Bar Association guidelines on conflicts of interest, so an arbitrator trained abroad will recognise the framework.
The courts have enforced this strictly. In TRF Ltd. v. Energo Engineering Projects Ltd. the Supreme Court held that a person who is himself ineligible cannot appoint the sole arbitrator, and in Perkins Eastman Architects DPC v. HSCC (India) Ltd. it confirmed that the ineligibility passes through: a party interested in the outcome cannot unilaterally appoint the sole arbitrator, even through a nominee. Anyone planning to arbitrate should map their own conflicts against the Seventh Schedule before accepting a nomination.
Qualifications and experience arbitrators actually need
Because the Act sets no list, the real qualifications for an arbitrator in India come from what parties and institutions look for, and that usually means a decade or more of relevant experience plus a clean record on neutrality. The statute opens the door; the market decides who walks through it.
The 10-year experience benchmark
Around 10 years of professional experience is the working benchmark for most panels and appointments. The experience has to be relevant: to the law, to the commercial sector where disputes arise, or to a technical field such as construction, engineering, energy, insurance, or finance.
Different backgrounds bring different value. Retired judges are valued for procedure and for writing awards that hold up on challenge. Senior advocates bring command of complex legal argument. Chartered accountants and cost accountants are sought for quantum and accounting disputes, and engineers for delay, defect, and variation claims. An arbitrator who combines domain depth with procedural discipline is the most appointable of all.
Age and other threshold requirements
Some institutions add a minimum age or a recency rule on top of experience. The India International Arbitration Centre, for example, requires a minimum age of 35 and experience that is relevant within the last five years. Across the board, an arbitrator must be of the age of majority and of sound mind, and institutions expect a clean record, free of pending criminal or disciplinary proceedings.
None of these thresholds is a substitute for reputation. A younger professional who has genuinely run or sat on arbitrations will be considered ahead of an older one who has only read about them.
Who can become an arbitrator in India
No fixed degree is required; this is what parties and institutions look for
No legal barrier
- No mandatory degree or licence (Section 11, party autonomy)
- Any nationality, unless the parties agree otherwise
- The Eighth Schedule qualification list was omitted in 2021; accreditation rules are still pending
What panels want
- About 10 years of relevant legal, commercial, or technical experience
- A background that fits the dispute: retired judge, advocate, CA, cost accountant, company secretary, engineer
- Independence and impartiality (Section 12 and the Seventh Schedule)
- A clean record; some institutions add a minimum age (IIAC: 35)
How to become an arbitrator in India: the step-by-step path
To become an arbitrator in India, build deep expertise in a field, get trained in arbitration, empanel with institutions, and work steadily toward your first appointment. The sequence below is the path most practising arbitrators actually followed.
- Build 10 or more years of expertise in a field where disputes are arbitrated, such as law, construction, finance, insurance, shipping, or technology.
- Learn arbitration law and practice in depth, and consider a formal credential such as Chartered Institute of Arbitrators membership or an IICA or ICA programme.
- Apply to be empanelled on the arbitrator panels of institutions such as DIAC, IIAC, MCIA, or the Indian Council of Arbitration.
- Register for government, public-sector, and sector-specific panels where you have standing, keeping the 2024 neutrality ruling in mind.
- Secure your first appointment, often as a co-arbitrator, a party nominee, or a sole arbitrator in a smaller matter.
- Build a track record by running proceedings fairly, writing enforceable awards, and letting reputation drive repeat appointments.
What changes at each stage
The path looks different depending on where you start. A retired judge or a senior advocate is often invited straight onto institutional panels and party nomination lists, because the reputation is already built. A mid-career professional has to construct that reputation deliberately, through training, empanelment, and smaller matters that show they can run a hearing and deliver a clean award.
The early appointments are the hardest to win and the most important to get right. A first award that is set aside under Section 34 is a serious setback; a first award that is enforced without incident is the foundation of everything that follows.
How do you get your first arbitrator appointment?
Your first appointment usually comes from one of three places: an institution’s panel, a party or counsel who knows your work, or a co-arbitrator seat on a three-member tribunal. Empanelment is the most systematic route, because institutions appoint from their panels when the parties cannot agree on a name.
The relationship route matters just as much. Disputes counsel and in-house legal teams nominate arbitrators they trust, so staying visible to that community, through practice, writing, and speaking, is what converts a panel listing into an actual brief. A co-arbitrator seat is often the gentlest entry, because you learn the craft alongside a presiding arbitrator before you sit alone.
How to become an arbitrator in India
The six-step path from expertise to appointment
1
Build expertise
10+ years in a field where disputes are arbitrated: law, construction, finance, insurance, shipping, technology.
2
Get trained
Learn arbitration law and practice; consider CIArb membership or an IICA or ICA programme.
3
Empanel with institutions
Apply to institutional panels: DIAC, IIAC, MCIA, the Indian Council of Arbitration.
4
Register for panels
Government, public-sector, and sector panels, keeping the 2024 neutrality ruling in mind.
5
First appointment
Often as a co-arbitrator, a party nominee, or a sole arbitrator in a smaller matter.
6
Build a track record
Run fair proceedings, write enforceable awards, and let reputation drive repeat work.
Getting empanelled with arbitral institutions
Empanelment means being admitted to an institution’s approved list of arbitrators, from which it appoints when the parties cannot agree on a name. Each of the major arbitral institutions in India runs its own panel with its own criteria and application, so a serious candidate applies to several.
DIAC (Delhi International Arbitration Centre)
The Delhi International Arbitration Centre maintains a panel approved by its Arbitration Committee under its Empanelment Rules, 2020. Applicants are expected to have a general reputation for fairness and integrity and to be impartial and neutral. Retired Supreme Court and High Court judges, judicial officers, and Senior Advocates designated by the Supreme Court are exempted from some of the ordinary requirements, and empanelled arbitrators are subject to a confidential feedback process.
IIAC (India International Arbitration Centre)
The India International Arbitration Centre, a statutory institution in New Delhi, admits arbitrators under its 2023 panel-admission regulations. The published criteria include a minimum age of 35, qualifications or experience relevant to the field of expertise or to the conduct of arbitration within the last five years, and a clean record. Empanelment runs for a term of up to five years, after which it is reviewed.
MCIA, ICA, and other panels
Beyond the Delhi institutions, the Mumbai Centre for International Arbitration and the Indian Council of Arbitration run their own panels. The Mumbai Centre, established in 2016, is India’s flagship private international arbitration institution and administers cases under the MCIA Rules. The Indian Council of Arbitration, set up in 1965 as a Government of India and FICCI initiative, maintains a multidisciplinary panel and generally looks for at least five years of relevant legal, arbitration, or commercial experience. Several High Court arbitration centres run panels too.
Government and PSU panels after the 2024 ruling
Government and public-sector panels remain a major entry point, but the 2024 Constitution Bench changed how they can be used. In the Central Organisation for Railway Electrification case, the Supreme Court held that a public body cannot compel a contractor to select its arbitrator from a panel that the public body alone controls, and cannot appoint the sole arbitrator unilaterally, because that offends the equality principle in Section 18 and, in public contracts, Article 14 of the Constitution. The Court applied the ruling prospectively.
For an aspiring arbitrator, the practical effect is that public-sector panels must now be broad-based and genuinely independent. That is a fuller account than can fit here, and the mechanics of unilateral appointment of an arbitrator are worth reading before you accept a panel nomination from a government counterparty.
Training and certification: CIArb and the Indian routes
No certificate is legally required to act as an arbitrator, but training and a recognised credential make appointment far more likely. Institutions and parties treat a formal qualification as evidence that you understand procedure, evidence, and award-writing, not just your own field.
CIArb grades and routes
The Chartered Institute of Arbitrators is the most widely recognised credential in the field. It offers three membership grades, Associate (ACIArb), Member (MCIArb), and Fellow (FCIArb), and a senior Chartered Arbitrator status above them. There are three routes to membership, through assessment, through a recognised course provider, and through experience, with accelerated options for experienced applicants. The post-nominals are recognised by appointing institutions worldwide, which is why many Indian arbitrators pursue them.
Indian training: IICA, ICA, and diplomas
Several Indian bodies offer arbitration training and accreditation. The Indian Institute of Corporate Affairs, a body under the Ministry of Corporate Affairs, runs a certified arbitration programme; the Indian Council of Arbitration and the Indian Institute of Arbitration and Mediation run their own courses and accreditation; and law schools offer postgraduate diplomas in alternative dispute resolution. For a practising lawyer, a structured course in arbitration procedure, drafting, and award-writing is often the fastest way to convert litigation experience into arbitration credibility.
How arbitrators are appointed in India
Arbitrators in India are appointed in three ways: by agreement of the parties, by an arbitral institution, or by the court under Section 11 when the parties cannot agree. Knowing how each route works tells an aspiring arbitrator where appointments actually come from.
The three appointment routes
The first route is party agreement. Under Section 11(2), the parties are free to agree on the arbitrators and on the procedure for appointing them, and most well-drafted contracts do exactly that. The second route is institutional: the parties hand the choice to an arbitral institution, which appoints from its panel under its rules. The third route is the court, which steps in only when a party defaults or the agreed mechanism fails.
Section 11 mechanics and the 2024 draft Bill
Under Section 11, if a party does not appoint its arbitrator within 30 days of a request, the other side can apply to have one appointed. For international commercial arbitration the application goes to the Supreme Court, and for domestic arbitration to the High Court. The 2019 Amendment sought to shift this appointment function to arbitral institutions designated by the courts, which are meant to decide within 30 days, but that machinery is only partly operative because the grading of institutions is still pending.
The draft Arbitration and Conciliation (Amendment) Bill, 2024, released for public consultation, proposes a longer 60-day timeline for appointment applications, along with other reforms such as an appellate arbitral tribunal and statutory recognition of emergency arbitrators. It has not been enacted, so the current position is the 1996 Act as amended to 2021. The mechanics of how arbitrators are appointed under Section 11 reward close study, because Section 11 is where many first appointments are formalised.
Arbitrator salary in India: fees, the Fourth Schedule, and what you can earn
Arbitrators in India do not draw a salary; they are paid a fee per case, and the benchmark for that fee is the Fourth Schedule to the Arbitration and Conciliation Act, 1996. Understanding the fee structure is essential, because it is how the work is priced and, increasingly, how it is litigated.
The Fourth Schedule fee grid
The Fourth Schedule sets a model fee that rises with the amount in dispute, from Rs 45,000 for the smallest matters up to a ceiling of Rs 30,00,000 for the largest. A sole arbitrator is entitled to an additional 25 percent over the tabled fee. The schedule is a model: Section 11(14) lets each High Court frame its own rules for fixing arbitrators’ fees, having regard to the Fourth Schedule, and by its own terms it does not apply to international commercial arbitration or where the parties have agreed fees under institutional rules.
| Sum in dispute (Rs) | Model fee (Rs) |
|---|---|
| Up to 5,00,000 | 45,000 |
| 5,00,001 to 20,00,000 | 45,000 + 3.5% of the amount over 5,00,000 |
| 20,00,001 to 1,00,00,000 | 97,500 + 3% of the amount over 20,00,000 |
| 1,00,00,001 to 10,00,00,000 | 3,37,500 + 1% of the amount over 1,00,00,000 |
| 10,00,00,001 to 20,00,00,000 | 12,37,500 + 0.75% of the amount over 10,00,00,000 |
| Above 20,00,00,000 | 19,87,500 + 0.5% of the amount over 20,00,00,000, subject to a ceiling of 30,00,000 |
You can read the full Fourth Schedule text for the exact wording of each slab.
What ONGC v. Afcons settled
The Supreme Court settled the main disputes about arbitrator fees in Oil and Natural Gas Corporation Ltd. v. Afcons Gunanusa JV. The Court held that arbitrators cannot unilaterally fix or revise their own fees, so the fee must be settled at the start or with the parties’ consent. It read “sum in dispute” to mean the claim and the counter-claim computed separately, so an arbitrator is entitled to a fee on each. It clarified that the Rs 30,00,000 figure is an aggregate ceiling on the fee, and that the ceiling applies per arbitrator, not per tribunal, so each member of a three-member tribunal can charge up to it. The Court also confirmed the sole-arbitrator uplift and recognised that an arbitrator may hold a lien over the award for unpaid fees. You can review the fee-scale ruling in full.
Ad hoc versus institutional fees, and realistic earnings
What an arbitrator actually earns depends on stature, the forum, and whether the arbitration is ad hoc or institutional. In ad hoc arbitration the fee is negotiated directly and turns heavily on the arbitrator’s standing; in institutional arbitration it follows the institution’s published schedule. Newly empanelled arbitrators earn far less than established ones and are often paid per sitting.
Reported figures give a sense of the range, though they are drawn from legal-media and law-firm commentary rather than an official survey, so treat them as illustrative. Retired judges and eminent sole arbitrators are reported to command roughly Rs 2 to 5 lakh or more per sitting, and senior advocates who also arbitrate can command Rs 6 to 15 lakh a day in the largest matters; over a case that runs to fifteen or twenty sittings, total fees can reach into the crores. The high end is a small minority. International commercial arbitration, in particular, sits outside the Fourth Schedule and is priced on institutional or negotiated terms, and international commercial arbitration in India is where the largest fees are earned. For a sense of how independent legal professionals price cross-border work more generally, this guide to rates for foreign clients is a useful comparison.
GST and tax on arbitrator fees
Arbitrator fees attract 18 percent GST as legal services, but the client usually bears it under the reverse-charge mechanism. Arbitration services fall under service accounting code 998213, and when an arbitrator provides services to a registered business entity, the recipient pays the GST rather than the arbitrator. Individual arbitrators are generally not required to register for GST on such supplies, though tax advice specific to the arrangement is worth taking.
Arbitrator fees in India: the Fourth Schedule grid
Model fee by sum in dispute (ad hoc domestic arbitration)
| Sum in dispute (Rs) | Model fee (Rs) |
|---|---|
| Up to 5,00,000 | 45,000 |
| 5,00,001 to 20,00,000 | 45,000 + 3.5% over 5,00,000 |
| 20,00,001 to 1,00,00,000 | 97,500 + 3% over 20,00,000 |
| 1,00,00,001 to 10,00,00,000 | 3,37,500 + 1% over 1,00,00,000 |
| 10,00,00,001 to 20,00,00,000 | 12,37,500 + 0.75% over 10,00,00,000 |
| Above 20,00,00,000 | 19,87,500 + 0.5% over 20,00,00,000 (ceiling 30,00,000) |
- A sole arbitrator is entitled to an additional 25% over the tabled fee.
- The Rs 30 lakh ceiling applies per arbitrator, not per tribunal (ONGC v. Afcons, 2022).
- Does not apply to international commercial arbitration or where institutional fees are agreed.
Arbitrator, arbitration lawyer, or mediator: which role is which
An arbitrator decides the dispute and issues a binding award; an arbitration lawyer argues the case for one side; and a mediator only helps the parties reach their own settlement. The three roles are often confused, but they sit at different points of the same process and demand different skills.
| Role | What they do | Binding? | Typical background |
|---|---|---|---|
| Arbitrator | Hears both sides and decides, issuing an enforceable award | Yes, the award binds | Retired judge, senior advocate, domain expert |
| Arbitration lawyer | Represents and argues for one party | Advocacy, not decision | Practising advocate or counsel |
| Mediator | Facilitates a negotiated settlement | No, only if parties agree | Trained neutral, often a lawyer |
Many practitioners start as arbitration lawyers and move to sitting as arbitrators later in their careers, once they have the standing to be trusted with the decision. If the advocacy side is where you want to begin, the route to becoming an arbitration lawyer in India is a natural first step, and the boundaries between arbitration, conciliation, and mediation are worth getting clear before you choose a path.
Frequently asked questions
Do you need a law degree to become an arbitrator in India?
No. The Arbitration and Conciliation Act, 1996 prescribes no mandatory qualification, and Section 11 lets the parties appoint whomever they choose. A law degree helps, but non-lawyers are regularly appointed, especially in technical disputes.
Can a chartered accountant or engineer be appointed as an arbitrator?
Yes. Chartered accountants, cost accountants, company secretaries, and engineers are all appointed as arbitrators, and the now-omitted Eighth Schedule had expressly listed them. In quantum and technical disputes, parties often prefer an arbitrator from the relevant profession.
How many years of experience do you need to become an arbitrator?
There is no statutory minimum, but around 10 years of relevant experience is the working benchmark that most institutions and parties look for. Some institutions add their own thresholds, such as a minimum age of 35.
How much does an arbitrator earn in India?
Arbitrators are paid per case, not a salary. The Fourth Schedule sets a model fee that rises with the sum in dispute up to a ceiling of Rs 30,00,000, with a 25 percent uplift for a sole arbitrator. Established arbitrators can earn substantially more in ad hoc and international matters, which sit outside the schedule.
How do I get empanelled as an arbitrator with an institution?
You apply to the institution’s panel and meet its criteria on experience, standing, and a clean record. Institutions such as DIAC, IIAC, MCIA, and the Indian Council of Arbitration each run their own panels, and applying to several improves your chances of appointment.
Is there a minimum or maximum age to be an arbitrator?
The Act sets no age limit beyond the general requirement of majority and sound mind. Individual institutions may set their own, for example the India International Arbitration Centre requires a minimum age of 35.
Is CIArb membership worth it in India?
For most aspiring arbitrators, yes. Chartered Institute of Arbitrators grades, from Associate to Fellow, are recognised internationally and signal formal training in procedure and award-writing, which helps at the empanelment and appointment stage.
What is the difference between an arbitrator and a mediator?
An arbitrator hears both sides and issues a binding award that the courts will enforce. A mediator only facilitates a settlement and cannot impose a decision; any outcome depends on the parties agreeing to it.
References
Case law
– Central Organisation for Railway Electrification v. M/s ECI-SPIC-SMO-MCML (JV), 2024 (Supreme Court, Constitution Bench), Indian Kanoon
– Oil and Natural Gas Corporation Ltd. v. Afcons Gunanusa JV, 2022 INSC 884, Supreme Court Observer
– TRF Ltd. v. Energo Engineering Projects Ltd., (2017) 8 SCC 377
– Perkins Eastman Architects DPC v. HSCC (India) Ltd., (2020) 20 SCC 760
Statutes and official sources
– Arbitration and Conciliation Act, 1996, Sections 11, 12, 43J, and the Fourth Schedule
– The Arbitration and Conciliation (Amendment) Act, 2019, Department of Legal Affairs
– The Fourth Schedule (fee grid), IBC Laws
– Draft Arbitration and Conciliation (Amendment) Bill, 2024, Press Information Bureau
– India International Arbitration Centre, panel empanelment, IIAC
Disclaimer: This article is for informational and educational purposes only and does not constitute legal advice. For guidance on a specific arbitration, appointment, or fee arrangement, consult a qualified advocate or the relevant arbitral institution.
