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Author : G. K. Kwatra
Publisher : Unknown
Page : 246 pages
File Size : 44,9 Mb
Release : 1996
Category : Arbitration and award
ISBN : STANFORD:36105062257584
Author : Dushyant Dave,Martin Hunter,Fali Nariman,Marike Paulsson
Publisher : Kluwer Law International B.V.
Page : 532 pages
File Size : 54,8 Mb
Release : 2021-02-24
Category : Law
ISBN : 9789041182821
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 : 41,7 Mb
Release : 2018-05-02
Category : Law
ISBN : 9783668695405
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 : D. P. Mittal
Publisher : Springer
Page : 508 pages
File Size : 54,7 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 : Anonim
Publisher : Universal Law Publishing
Page : 132 pages
File Size : 50,7 Mb
Release : 2009
Category : Electronic
ISBN : 8175347465
Author : Michael Charles Pryles
Publisher : Kluwer Law International B.V.
Page : 518 pages
File Size : 45,8 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124463
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
Author : Archa Rajeevi
Publisher : GRIN Verlag
Page : 9 pages
File Size : 40,7 Mb
Release : 2019-05-21
Category : Law
ISBN : 9783668942233
Academic Paper from the year 2018 in the subject Law - Miscellaneous, grade: 2, VIT University, course: Arbitration law, language: English, abstract: The article seeks to provide a critical comment of the recently introduced Arbitration and Conciliation (Amendment) Bill, 2018. The main objective of the paper is to show that though there are a number of welcome changes made by the amendment, there are still a few grey areas to be focused on. The introduction introduces the bill and the reasons for which the bill of 2018 has now been introduced. The next section attempts to show the salient features of the bill. The following segment analyses the positive changes that the bill has introduced. This part also seeks to appreciate the number of consequential changes being brought about by the bill. Further, the article seeks to provide critical analysis or an insight into the concerns regarding the bill. The final part portrays how the bill has missed an opportunity to bring about a series of other consequential changes that are much required in the present scenario. The paper concludes by showing that though there are a few loopholes, the bill is still a progressive step towards making India the next sort after destination for arbitration.
Author : G. K. Kwatra
Publisher : Unknown
Page : 1018 pages
File Size : 53,8 Mb
Release : 2008
Category : Arbitration and award
ISBN : 8175346469
Author : United Nations Commission on International Trade Law
Publisher : New York : United Nations
Page : 24 pages
File Size : 54,7 Mb
Release : 1981
Category : Law
ISBN : UIUC:30112020919780
Author : G. K. Kwatra
Publisher : Unknown
Page : 349 pages
File Size : 48,9 Mb
Release : 2000
Category : Arbitration and award
ISBN : LCCN:99953232
Author : Om Prakash Malhotra,Indu Malhotra
Publisher : Unknown
Page : 1849 pages
File Size : 50,7 Mb
Release : 2006
Category : Arbitration, Industrial
ISBN : 818038120X
Commentary on the Arbitration and Conciliation Act, 1996.
Author : Tushar Kumar Biswas
Publisher : Unknown
Page : 0 pages
File Size : 49,6 Mb
Release : 2014
Category : Arbitration (Administrative law)
ISBN : 9041147659
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 : 714 pages
File Size : 44,7 Mb
Release : 2004
Category : Arbitration and award
ISBN : LCCN:2004312748
Author : Dharmendra Rautray
Publisher : Unknown
Page : 548 pages
File Size : 48,7 Mb
Release : 2008
Category : Arbitration and award
ISBN : 8184730209
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.
Author : A. J. van den Berg
Publisher : Springer
Page : 292 pages
File Size : 44,8 Mb
Release : 1998-03-06
Category : Law
ISBN : STANFORD:36105061970971
In ICCA's eighth Congress Series, international experts, professionals and practitioners in the field of arbitration examine the topic of the culture of international arbitration. ICCA's 1996 Seoul Conference, hosted by the Korean Commercial Arbitration Board, addressed four questions: is there a growing international arbitration culture? is there an expanding culture that favours combining arbitration, conciliation or other dispute resolution procedures? to what extent do arbitrators in international cases disregard the bag and baggage of national systems? and when and where do national courts reflect an international culture when deciding issues relating to international arbitration'.