Arbitration In India

Author : Dushyant Dave,Martin Hunter,Fali Nariman,Marike Paulsson
Publisher : Kluwer Law International B.V.
Page : 532 pages
File Size : 42,5 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 : Tushar Kumar Biswas
Publisher : Unknown
Page : 0 pages
File Size : 50,5 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 : Anonim
Publisher : Universal Law Publishing
Page : 132 pages
File Size : 51,8 Mb
Release : 2009
Category : Electronic
ISBN : 8175347465

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Arbitration & ADR by Anonim Pdf

Author : Gary F. Bell
Publisher : Cambridge University Press
Page : 461 pages
File Size : 41,6 Mb
Release : 2018-10-04
Category : Language Arts & Disciplines
ISBN : 9781107183971

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The UNCITRAL Model Law and Asian Arbitration Laws by Gary F. Bell Pdf

Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.

Author : Rautray
Publisher : Kluwer Law International
Page : 548 pages
File Size : 49,9 Mb
Release : 2008
Category : Law
ISBN : 9041131590

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Master Guide to Arbitration in India by Rautray Pdf

Master Guide to Arbitration in India deals with comprehensive principles governing the Law of, arbitration and its application. The principles, have been explained with the aid of illustrative; case laws and precedents involving interesting points with regard to the law of arbitration. Additionally, it explains the practical applicability of such principles and the developments in the law and procedures to act as a useful guide for legal practitioners, arbitrators and commercial contractual parties seeking to resolve disputes through the arbitration mechanism. The book provides an insight to the exhaustive coverage of principles governing domestic, international and commercial arbitration containing explanation of statutory provisions applicable at different stages of the process of arbitration. The Arbitration and Conciliation Act, 1996 being an enactment based on the United Nations Commission on International Trade Law (UNCITRAL Model Law), the book covers judicial decisions of domestic and foreign courts on arbitration law to highlight the object and scope of the Act. The salient features of this book are: ; Use of simple language to give better comprehension of the complex principles governing the law of arbitration. Commentary on the principles laid down by judicial precedents. Discussion on key issues involving drafting of arbitration agreement /clause with a checklist. Explanation of the procedural rules applicable to arbitral proceedings. Procedure for enforcement of foreign awards in India.

Author : Ajar Rab
Publisher : Kluwer Law International B.V.
Page : 592 pages
File Size : 46,9 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 : Leïla Choukroune,Rahul Donde
Publisher : Routledge
Page : 190 pages
File Size : 51,7 Mb
Release : 2021-07-22
Category : Law
ISBN : 9781000407969

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Adjudicating Global Business in and with India by Leïla Choukroune,Rahul Donde Pdf

This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession’s response to these developments, and civil society’s comments. In addition, it addresses contemporary problems of key importance and at the centre of today’s discussions, from the legitimacy and relevance of Investor–State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.

Author : Nripendra Nath Sircar
Publisher : Unknown
Page : 538 pages
File Size : 47,8 Mb
Release : 1942
Category : Arbitration and award
ISBN : STANFORD:36105044706385

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The Law of Arbitration in British India by Nripendra Nath Sircar Pdf

Author : Kaviraj Singh
Publisher : Indian National Bar Association
Page : 28 pages
File Size : 53,8 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 : D. P. Mittal
Publisher : Springer
Page : 508 pages
File Size : 44,9 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 : Anonim
Publisher : Unknown
Page : 134 pages
File Size : 41,6 Mb
Release : 1985
Category : Arbitration and award
ISBN : UOM:39015062033132

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International Commercial Arbitration Law, Procedures, and Facilities in India by Anonim Pdf

With reference to the Indian Arbitration Act, 1940; includes documents.

Author : Aniruddha Rajput
Publisher : Kluwer Law International B.V.
Page : 248 pages
File Size : 48,7 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041186140

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Protection of Foreign Investment in India and Investment Treaty Arbitration by Aniruddha Rajput Pdf

India is one of the fastest growing economies and intends to achieve the desired growth with the help of foreign investment. Recently, India terminated all the existing Bilateral Investment Treaties (BITs) and announced to renegotiate them based on the newly issued Model BIT. This book is the first comprehensive commentary and analyses of international investment law with focus on India. It offers detailed examination of India’s legal position in relation to protection of foreign investment and the impact of investment treaty arbitration and related jurisprudence on the country’s governance structures and regulatory framework. Additionally, it reflects upon the political and economic rationales for the policy on foreign investment. Among the matters discussed are the following: • jurisprudence of investment tribunals, with focus on cases where India was a party (White Industries v. India); • impact of the Make in India campaign and other reforms on foreign investment; • requirement of valid entry and operation of foreign investment; • prominent treatment standards such as expropriation, fair and equitable treatment, full protection and security, most favoured nation, and national treatment; • dispute resolution clauses and enforcement of investment arbitration awards; • interaction of protection of foreign investment and the Indian judiciary; and • reasons for India not joining the ICSID Convention. Given India’s position as a hugely influential player in the cross-border movement of capital, with the willingness to ‘change the rules’ on foreign investment and investment treaty arbitration worldwide, this book will prove of immeasurable value to practitioners, legal academics, interested policy makers, multinational corporations and their counsel and others interested in international investment law and India.

Author : Chirag Balyan
Publisher : Centre for Arbitration and Research, Maharashtra National Law University Mumbai
Page : 196 pages
File Size : 43,9 Mb
Release : 2021-10-20
Category : Law
ISBN : 9789355267733

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Handbook on Investment Arbitration in India by Chirag Balyan Pdf

The handbook on Investment Arbitration in India has been prepared by the team at the Centre for Arbitration and Research of Maharashtra National Law University Mumbai to create a reliable and accessible resource for the students, lawyers and practitioners. The handbook discusses the history, nature and fundamental concepts of investment arbitration. It also examines the investment arbitration cases involving India as a party, how investment arbitration awards are enforced in India and the recent debates and trends for the reforms in the investor-state dispute mechanisms. The handbook charts out various career options in this field.

Author : Gracious Timothy Dunna
Publisher : Eliva Press
Page : 52 pages
File Size : 47,5 Mb
Release : 2021-06-29
Category : Law
ISBN : 1636482570

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Application of the Indian Arbitration Act to Non-ICSID Investor-State Arbitrations by Gracious Timothy Dunna Pdf

Non-ICSID investment arbitrations have been held by Delhi High Court to be outside the scope of the Indian Arbitration Act of 1996. They have been considered fundamentally different as their roots are in public international law, in addition to their non-commercial nature. However, the court escaped a proper analysis of the hybrid foundations of an investor-State relationship, the seat theory, and issues of applicable law - which persuasively establish the applicability of the 1996 Act. In other words, the issue at heart may be considered to be the nature of an investor's substantive rights under an investment treaty and how they accommodate with India's national law principles when an investor has invoked arbitration against the host-State, which both parties accept, is subject to the law governing at the seat of arbitration. Besides the ongoing cases, India is now potentially facing two enforcement proceedings as an award debtor in the near future that may arise from investment claims by Cairn Energy PLC and Cairn UK Holdings Limited (under the UK-India BIT) and by Vodafone Group PLC (under the Netherlands-India BIT). Thus, the question of the applicability of the 1996 Act in respect of these non-ICSID arbitrations is foreseeable and may be addressed by the Supreme Court of India finally in the near future.

Author : Gracious Timothy Dunna
Publisher : Kluwer Law International B.V.
Page : 492 pages
File Size : 43,7 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.