Arbitration And Conciliation Law Of India

Author : Dushyant Dave,Martin Hunter,Fali Nariman,Marike Paulsson
Publisher : Kluwer Law International B.V.
Page : 532 pages
File Size : 52,5 Mb
Release : 2021-02-24
Category : Law
ISBN : 9789041182821

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Arbitration in India by Dushyant Dave,Martin Hunter,Fali Nariman,Marike Paulsson Pdf

India has a long-standing tradition of dispute resolution through arbitration, with arbitral-type regulations going back to the eighteenth century. Today, amendments to the 1996 Indian Arbitration Act, a steady evolution of case law and new arbitral institutions position India’s vibrant system once more at the forefront of international commercial dispute resolution. In this handbook, over forty members of the international arbitration community in India and beyond offer authoritative perspectives and insights into topics on arbitration that matter in India. International arbitration practitioners, Indian practitioners, and scholars have combined efforts to produce a practical and informative guide on the subject. Among numerous notable features, the contributors provide detailed analysis and description of such aspects of arbitration as the following, with a focus on the Indian context: Indian application of the 1958 New York Convention; law governing the merits of the dispute and awards; investor-state dispute settlement; drafting arbitration clauses for India-centric agreements; managing costs and time; rise of virtual arbitration and technology; effect of public policy in light of extensive Indian jurisprudence; and arbitration of claims relating to environmental damage. Practical features include checklists for drafting arbitration clauses and a comparative chart of major commercial arbitration rules applicable to India. Also included is a comparative analysis of arbitral regimes in India, Singapore and England; chapters on the India Model Bilateral Investment Treaty and ISDS reforms; a special section on the enforcement of foreign awards; a section on the drafting of the award guided by leading arbitrators and stakeholders and a review of the new 2021 ICC Rules. For foreign counsel and arbitrators with arbitrations in India, this complete and up-to-date analysis provides guidelines for practitioners, corporate counsel, and judges on considerations to be borne in mind with respect to arbitration with an Indian nexus and whilst seeking enforcement and execution of an arbitral award in India. It will prove an effective tool for students and others in understanding and navigating the particularities and peculiarities of India’s system of domestic and international commercial arbitration.

Author : Vikrant Yadav
Publisher : GRIN Verlag
Page : 241 pages
File Size : 47,6 Mb
Release : 2018-05-02
Category : Law
ISBN : 9783668695405

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The 1996 Arbitration and Conciliation Act with Amendments of 2015 by Vikrant Yadav Pdf

Document from the year 2017 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, , language: English, abstract: The Arbitration Law of India (which possess huge potential to become a global hub for Arbitration) has undergone a change after the recent Amendments of 2015. This book contains an analysis of Indian law of Arbitration, id est The Arbitration and Conciliation Act, 1996 alongwith recent amendments of 2015. The book contains section by section in depth analysis with help of recent relevant judicial pronouncements. The book also contains a separate chapter on recent landmark judicial pronouncements by Indian Courts which has led to improving image of India from anti Arbitration to Pro-Arbitration state.

Author : G. K. Kwatra
Publisher : Unknown
Page : 246 pages
File Size : 50,9 Mb
Release : 1996
Category : Arbitration and award
ISBN : STANFORD:36105062257584

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The New Arbitration & Conciliation Law of India by G. K. Kwatra Pdf

Author : Gracious Timothy Dunna
Publisher : Kluwer Law International B.V.
Page : 492 pages
File Size : 40,8 Mb
Release : 2022-02-15
Category : Law
ISBN : 9789403519852

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Conciliation and Mediation in India by Gracious Timothy Dunna Pdf

Global Trends in Dispute Resolution Series, Volume 11 It can be said that negotiation is about what to do, whereas mediation is about how to do it—how to make sure control is in the hands of the disputants. Although mediation (as well as conciliation) is taking hold in dispute resolution worldwide, among the nations, India shows the strongest signs of interest in developing a pervasive legal mediation culture. In this invaluable book, more than 20 formidable thought leaders with global reputations in dispute resolution describe how mediation is used, and can be used, to resolve different types of disputes in India and international cases. With a focus throughout on the law and procedure applicable to conciliation and mediation in India—addressing the involvement of each of the stakeholders in the process (with relevant hints on practice)—the contributors examine such issues and topics as the following: mediator ethics; court-annexed mediation; institutional mediation; mediating commercial disputes; mediating company, insolvency, and bankruptcy disputes; mediating government disputes; mediating investor-state disputes; mediating family disputes; e-mediation; community mediation and citizen empowerment; mixed-mode dispute resolution; and cross-border enforcement of mediated settlements. Two practice-oriented chapters synthesize the process, techniques, and approaches that experienced mediators and mediation advocates have found to be most valuable in their preparation for a mediation. Included is a detailed commentary on Part III of the Arbitration and Conciliation Act 1996 and the 2018 Singapore Convention on Mediation. There is little doubt that mediation is the dispute resolution choice of the next-generation lawyer. Present-day lawyers, judges, and users are becoming increasingly convinced that early conflict resolution through facilitated negotiations avoids the pitfalls of adversarial modes of dispute resolution, especially in terms of user satisfaction. This book takes into account where India stands at present, covering statutes, international conventions, and academic literature, thus bequeathing a broad understanding of the subject for legal practitioners, judges, arbitrators, mediators and conciliators, users, and technical experts who wish to understand it.

Author : Anonim
Publisher : Universal Law Publishing
Page : 132 pages
File Size : 44,9 Mb
Release : 2009
Category : Electronic
ISBN : 8175347465

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Arbitration & ADR by Anonim Pdf

Author : Tushar Kumar Biswas
Publisher : Unknown
Page : 0 pages
File Size : 43,8 Mb
Release : 2014
Category : Arbitration (Administrative law)
ISBN : 9041147659

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Introduction to Arbitration in India by Tushar Kumar Biswas Pdf

Courts in different national systems vary with respect to how interventionist they are in the arbitral process. In recent decades, as India has entered the ranks of the worldè^--s major trading nations, the role of its judiciary in the matter of arbitration has increasingly been the subject of debate, as a result of a number of controversial decisions given by the courts. Is the role that has been played by the judiciary justified? That is the central issue of this distinctive book, the first to investigate and analyse the efficacy of international commercial arbitration in the Indian legal context.

Author : G. K. Kwatra
Publisher : Unknown
Page : 1018 pages
File Size : 54,6 Mb
Release : 2008
Category : Arbitration and award
ISBN : 8175346469

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Arbitration and Conciliation Law of India by G. K. Kwatra Pdf

Author : D. P. Mittal
Publisher : Springer
Page : 508 pages
File Size : 43,7 Mb
Release : 1997-04-14
Category : Law
ISBN : STANFORD:36105062292003

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New Law of Arbitration, ADR and Contract in India by D. P. Mittal Pdf

The Arbitration and Conciliation Act of 1996 (`the 1996 Act') altered Indian arbitration law dramatically. it curtailed the supervisory role of courts and replaced it with one of assistance. it gave parties greater autonomy in determining applicable arbitration procedures. it eliminated the compulsion to apply Indian law to international arbitrations. A major boon To The business community, these changes could provide salvation from oppressive courtroom litigation. New Law of Arbitration, ADR & Contract Law in India contains the latest commentary on the 1996 Act with reference to Indian and foreign case law And The UNCITRAL Model Law upon which the 1996 Act was based. This broad range of topics covered includes the arbitral agreement; the arbitral tribunal, its composition and jurisdiction; the arbitral proceeding and its termination; the making of an award, its finality and enforcement; recourse To The court; and savings, repeal, and removal difficulties. This text also addresses the dispute resolution procedures under the Indian judicial system as well as ADR mechanisms such as conciliation, negotiation, and mediation. Despite this breadth of coverage, this book still offers detailed discussion of complex issues, referencing relevant court decisions in the process. As such, it provides a comprehensive and concise statement of important features of law relating to arbitration and conciliation in India.

Author : G. K. Kwatra,Indian Council of Arbitration
Publisher : Unknown
Page : 372 pages
File Size : 47,9 Mb
Release : 2002
Category : Arbitration and award
ISBN : OCLC:51986566

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The Arbitration and Conciliation Law of India by G. K. Kwatra,Indian Council of Arbitration Pdf

Author : United Nations Commission on International Trade Law
Publisher : New York : United Nations
Page : 24 pages
File Size : 45,9 Mb
Release : 1981
Category : Law
ISBN : UIUC:30112020919780

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UNCITRAL Conciliation Rules by United Nations Commission on International Trade Law Pdf

Author : Kaviraj Singh
Publisher : Indian National Bar Association
Page : 28 pages
File Size : 41,5 Mb
Release : 2016-05-02
Category : Law
ISBN : 8210379456XXX

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INBA Viewpoint by Kaviraj Singh Pdf

Why this attempt! • How to Promote Arbitration & Mediation in India? • A Way Forward Towards Making India an International Arbitration Hub • Why and How of Arbitration and Mediation in India • A New Era of Arbitraton for India. Will It Rise to the Challenge? • Are the Changes to the Arbitration & Conciliation Act 1996 an Eyewash? • How to Make India an International Arbitration Hub • Need for Arbitration to be Recognized as an Effective and Long-Lasting Dispute Resolution Process • Will the Amended Arbitration and Conciliation Act Improve and Influence Foreign-Seated Arbitrations?

Author : G. K. Kwatra
Publisher : Unknown
Page : 714 pages
File Size : 54,8 Mb
Release : 2004
Category : Arbitration and award
ISBN : LCCN:2004312748

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Arbitration and Conciliation Law of India by G. K. Kwatra Pdf

Author : Ajar Rab
Publisher : Kluwer Law International B.V.
Page : 592 pages
File Size : 41,6 Mb
Release : 2022-08-09
Category : Law
ISBN : 9789403537559

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Interim Measures in International Commercial Arbitration by Ajar Rab Pdf

Interim measures by courts as well as tribunals are often critical to succeed in arbitration proceedings and to effectively safeguard the rights of parties pending the final adjudication of their dispute. This important book comprises a comprehensive review of interim measures in international commercial arbitration granted by courts and tribunals across jurisdictions that have adopted the UNCITRAL Model Law to critically assess the practical fault lines in the Indian arbitration regime. The book provides an in-depth analysis of the following: all reported judgments of the Indian Supreme Court and the High Courts from 1993 to 2022 on issues concerning interim measures; practical application of the UNCITRAL Model Law (and the revisions in 2006) by national arbitration statutes of over 80 jurisdictions with respect to interim measures; comparative practice and jurisprudence on interim measures in international commercial arbitration; rules of major arbitral institutions on the power and scope of interim measures granted by tribunals; detailed analysis of different types of interim measures, including anti-suit, anti-arbitration injunctions, security for costs, and interim measures in aid of foreign-seated arbitrations, the standards to be applied, and the burden of proof to be demonstrated for each type of measure; and issues of enforcement of interim measures in domestic, international, and foreign seated arbitrations. The current position of law in India and the problems plaguing the country’s Arbitration and Conciliation Act 1996 (IAA), as amended in 2015 with respect to interim measures, are brought into direct comparison with other Model Law jurisdictions, offering an analysis of case laws, practical insights and cogent suggestions based on best practices that can be adopted by parties and tribunals. The Appendices provide a detailed list of statutory provisions of countries that have adopted the Model Law along with rules of major arbitral institutions on interim measures. The author not only describes the current position of law in India and other Model Law jurisdictions on interim measures but also reveals a comprehensive understanding of the requests for interim measures, and their enforcement in domestic, international, and foreign seated arbitrations. This book engages in a comprehensive and clear discussion on the fine line between court assistance and court intervention, especially in the case of interim measures and suggests draft provisions that India and other jurisdictions can adopt in order to align with the 2006 revisions to the Model Law to foster certainty, predictability, and efficiency in case of interim measures in international commercial arbitration.

Author : G. K. Kwatra
Publisher : Unknown
Page : 394 pages
File Size : 41,9 Mb
Release : 2004
Category : Arbitration and award
ISBN : UOM:39015069111535

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Arbitration and Contract Law in SAARC Countries with Case Law on UNCITRAL Model Law by G. K. Kwatra Pdf

Author : Michael Charles Pryles
Publisher : Kluwer Law International B.V.
Page : 518 pages
File Size : 42,7 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124463

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Dispute Resolution in Asia by Michael Charles Pryles Pdf

Prized by practitioners since the first edition appeared in 1998, Dispute Resolution in Asia provides a much wider spectrum of Asian laws and approaches to dispute resolution than is traditional in comparative studies. It examines arbitration, litigation, and mediation in thirteen countries, with detailed practical essays each written by a senior lawyer with vast knowledge and experience of dispute resolution in his or her own country. Contributions vary in style and content and thus reflect the diversity of legal systems and cultures in Asia. The third edition of this popular book has been expanded by the inclusion of a chapter on Korea and a discussion of investment treaty arbitrations. All chapters have been revised and updated to incorporate recent developments, such as the enactment of relevant new legislation in Malaysia. Statistics on arbitration centres in Asia are also included. As a comprehensive practical guide to the practice and procedure of dispute resolution in the important trading countries of Asia, this book will be of great value to corporate counsel and international lawyers and business people, as well as to students of dispute resolution. For more information on the editor, Professor Michael Pryles, please visit his website http://www.michaelpryles.com