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Taxmann S New Law Of Arbitration Adr Contract In India Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Taxmann S New Law Of Arbitration Adr Contract In India book. This book definitely worth reading, it is an incredibly well-written.
Author : D. P. Mittal
Publisher : Unknown
Page : 455 pages
File Size : 45,7 Mb
Release : 1997
Category : Arbitration and award
ISBN : OCLC:1037672170
Author : D. P. Mittal
Publisher : Springer
Page : 508 pages
File Size : 53,5 Mb
Release : 1997-04-14
Category : Law
ISBN : STANFORD:36105062292003
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 : Dr. S.B. Saraswat
Publisher : Taxmann Publications Private Limited
Page : 48 pages
File Size : 46,9 Mb
Release : 2020-12-14
Category : Law
ISBN : 9788194924609
This book has been conceived to address a particularly pressing aspect of ‘disputes in constructions projects’. It provides a practical guide & follows a very systematic approach, to dispute resolution, through mediation, conciliation and arbitration, under the construction contracts. It covers all aspects of the causes of delay including coverage of delay analysis report, the various disputes, and the arbitration process for satisfactory & faster resolution. This book is based on issues relating to major EPC projects of process industries such as steel, petrochemical, power plants, etc. It also covers issues relating to the infrastructure sector in private and public sectors. This book will be useful for persons involved in construction arbitration, lawyers, project professionals, arbitrators, students and academicians. The Present Publications is the 1st Edition, incorporating analysis of problems of the construction sector and their impact along with analysis of 10 case studies while attempting to cull out the necessary principles involved in the execution of the projects. The key features of this book are as follows: • In the introduction, the current scenario of construction sector has been discussed, along-with the problems faced by them and its impact on country’s growth/GDP. • [Delay Analysis Report] Project finalization & execution has also been briefly addressed, along with detailed description of possible reasons of conflicts and disputes in large projects. It also includes Delay Analysis Report (‘DAR’) detailing all the delays which take place in construction projects. • [Preparation of Claims with Examples] Preparation of claims and counter claims has been elucidated (with examples) along-with organizing the evidence for construction arbitration. • Use of Alternate Dispute Resolution (‘ADR’) mechanism, for dispute resolution has been discussed. • [Case Studies] are provided, that compare the project execution methodology, concerning private and public sectors and the outcomes of projects. • [Simple & Lucid Presentation of Text] Technical, contractual & commercial reasons for delay in projects have been described in simple language, which can be understood by lawyers, arbitrators, and laymen working in the construction industry The contents of the book are as follows: • Impact of disputes in construction sector • Ideal needs of successful project execution • Overview of projects and construction sector in India • Types of construction contracts – Traditional • Projects execution in India – Status • General process of finalization of EPC contract for large projects • Stakeholders in EPC project • Analysis and comparison of salient features of different EPC contracts • Critical examination, comparison and review of major clauses of EPC project contracts • Brutal global impact of COVID-19 • Force majeure in Indian projects due to COVID-19 • Project monitoring & control • Pre-requisites for successful completion of an EPC project • Case studies of project execution detailing the methodology of execution, elements of delay and potentialities of disputes in projects • Conclusions drawn from the case studies of project execution • Common clauses of delays in EPC projects • Preparation of project Delay Reports • Delay analyzing techniques in construction projects • Delay in construction contracts – A Legal View • Construction dispute resolution as per Alternate Dispute Resolution mechanism • Settlement of construction dispute through Negotiation • Settlement of construction dispute through Mediation • Settlement of construction dispute through Conciliation • Settlement of construction dispute through Arbitration • Indian Arbitration and Conciliation (Amendment) Act, 2019 a reflection • Claim in a construction project • Need for evidence in construction arbitration Reviewed by Justice Dipak Mishra | Former Chief Justice of India After reading the book, I am tempted to say that though it focuses on a very prosaic subject, yet there is “something” in it that makes it interesting for the readers. And any reader can find that “something” only after studying the book. It is a must read for the students, practitioners and academicians involved in the field. I so recommend as the author is consistently guided by the motto, “quality speaks for itself”. The author’s intention is to assist and educate. I have deliberately used both the words because I am of the view that this book should be read by some with the vision of an Argus-eyed personality and some should study with humility. The author deals with many facets with admirable precision. One may consider his delineation with regard to the conception of delay. He has commandedly adverted to “Common Causes of delay in EPC Projects”. I am certain that anyone arguing a matter before a Tribunal or Court will be extremely benefitted. The author’s case study has its own impact and reaffirms the old saying “Example is better than Precept”. He believes in the concept “successful project execution is more than a written piece of contract”. This statement by Dr. Saraswat deserves to be a quotation. Reviewed by Justice B.B. Srikrishna | Former Judge | Supreme Court of India Dr. S.B. Saraswat is a technocrat with extensive experience of four decades in public as well as private sector industries in India and abroad. He was actively involved in successful execution of many large projects in Steel, Power and Petroleum sectors. His long experience in their execution has exposed him to various kinds of disputes faced as client and as contractor. This book is the result of his rich experience of dispute resolution by arbitration in the construction industry and reflects his insights on aspects of delays, disputes & their resolution. Apart from general discussion of the arbitral mechanics in such disputes, the book focusses on the nature of construction contracts, the likely pitfalls therein, the force majeure clauses in such contracts, project control and monitoring, common causes of delay in EPC contracts, delay analysis techniques, techniques of ADR, nature of claims, their submission and the evidence required to substantiate the claims in light of the legal provisions of the Arbitration and Conciliation Act, 1996 and other applicable laws. Reviewed by Justice Deepak Verma | Former Judge | Supreme Court of India This book by Dr. S.B. Saraswat encapsulates the following: • The problems of the construction sector and their impact has been analyzed in detail. • First it has been advised that disputes should be resolved mutually among stakeholders failing which mediation and conciliation should be adopted. Procedures for the same have been described in the book. • It is a fact that large construction projects in India are invariably delayed due to a variety of reasons. This book contains all the possible reasons for the delay in the project. Further, the book also spells out an action plan to avoid such delays. • The book has handled the delay analysis through various delay techniques normally adopted as a standard practice. Delay in the projects has been described in a comprehensible manner that can be easily understood by lawyers, arbitrators and laymen working in the construction industry. • The book also analyses 10(ten) case studies while attempting to cull out the necessary principles involved in the execution of the projects. • Preparation of claims has been dealt with in the book and explained with suitable examples. • Utility of evidences to substantiate the claims have been incorporated. • The book discusses ADR techniques like Negotiation, Mediation, Conciliation and Arbitration to resolve construction disputes. Reviewed by Justice A.K. Sikri | Former Judge | Supreme Court of India Understanding the need to have some authentic book to guide and help all the stakeholders, Dr. S.B. Saraswat has laboured to produce the book at hand which specifically takes care of issues relating to construction arbitration. The three major elements in this field as mentioned above, viz., delays in such projects, nature of disputes and the resolution thereof through arbitration are the themes which are very deftly articulated and presented in a manner which can easily be absorbed by the readers. A distinguished feature of the book is that the scope is not confined to use of ADR mechanisms for dispute resolution (which includes mediation as well as arbitration), but contains an in- depth analysis into the causes leading to such disputes. This becomes important to ensure ‘Dispute Avoidance’, wherever possible. In case of disputes, the book acts as a helpful guide for the disputants in the manner in which claims should be preferred or the defences be offered. It also guides the stakeholders the manner in which evidence needs to be organised or supporting the claims or defending the claims.
Author : D. P. Mittal
Publisher : Taxmann Publications Pvt Ltd
Page : 628 pages
File Size : 48,5 Mb
Release : 2000
Category : Computer networks
ISBN : STANFORD:36105062239236
Author : South African Law Commission
Publisher : South African Law Commission
Page : 174 pages
File Size : 43,6 Mb
Release : 1999
Category : Law
ISBN : STANFORD:36105062036830
Author : Anonim
Publisher : Unknown
Page : 678 pages
File Size : 52,9 Mb
Release : 1996
Category : Arbitration (International law)
ISBN : STANFORD:36105061933979
Author : Ajar Rab
Publisher : Kluwer Law International B.V.
Page : 592 pages
File Size : 45,7 Mb
Release : 2022-08-09
Category : Law
ISBN : 9789403537559
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 : Anonim
Publisher : Unknown
Page : 1064 pages
File Size : 41,6 Mb
Release : 2002
Category : English imprints
ISBN : UOM:39015060789495
Author : Anonim
Publisher : Unknown
Page : 1254 pages
File Size : 45,6 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105063851146
Author : Arthur James Wells
Publisher : Unknown
Page : 1926 pages
File Size : 45,8 Mb
Release : 2003
Category : Bibliography, National
ISBN : UOM:39015079755628
Author : Anonim
Publisher : Unknown
Page : 608 pages
File Size : 52,5 Mb
Release : 1997
Category : Dispute resolution (Law)
ISBN : CORNELL:31924082794821
Author : Anonim
Publisher : Unknown
Page : 1294 pages
File Size : 49,6 Mb
Release : 1998
Category : English imprints
ISBN : UOM:39015046780444
Author : Anonim
Publisher : Unknown
Page : 330 pages
File Size : 43,8 Mb
Release : 1997
Category : Books
ISBN : STANFORD:36105117254818
Author : Anonim
Publisher : Unknown
Page : 1502 pages
File Size : 52,6 Mb
Release : 1999
Category : Law
ISBN : STANFORD:36105060675803
Author : Om Prakash Malhotra,Indu Malhotra
Publisher : Unknown
Page : 1849 pages
File Size : 44,8 Mb
Release : 2006
Category : Arbitration, Industrial
ISBN : 818038120X
Commentary on the Arbitration and Conciliation Act, 1996.
