LEADER 04817nam a2200325 a 4500
008 200820s2021 ne a 001 0 eng d
a| 9789041182555 (hbk)
z| 9789041182838 (pdf)
z| 9789041182821 (epub)
a| IN 301.1 q| DE-Y10 2| mpilcs
a| Arbitration in India. / c| Edited by: Dushyant Dave, Martin Hunter, Fali Nariman, Marike Paulsson.
a| AH Alphen aan den Rijn : b| Kluwer Law International, c| 2021.
a| 582 p. : b| ill.
a| Includes bibliographical references and index
a| o Foreword o Preface o CHAPTER 1. General Notes for Practitioners o CHAPTER 2. The Arbitration Agreement o CHAPTER 3. Multiparty and Multi-contract Arbitrations o CHAPTER 4. Constitution and Establishment of an Arbitral Tribunal o CHAPTER 5. Jurisdiction of the Arbitral Tribunal o CHAPTER 6. The Laws Applicable to an Arbitration o CHAPTER 7. The Conduct of Arbitral Proceedings in India o CHAPTER 8. Interim Measures o CHAPTER 9. Arbitral Awards in Indian Arbitrations o CHAPTER 10. Challenge and Enforcement of Awards: The Brooding Omnipresence of Public Policy o CHAPTER 11. Recognition and Enforcement of Foreign and Domestic Arbitral Awards: Role of National Courts o CHAPTER 12. The India Resolutions for the 1958 Convention on the Recognition and Enforcement of Foreign Awards o CHAPTER 13. Investor-State Dispute Settlement and India o CHAPTER 14. Drafting Arbitration Clauses for India-Centric Agreements o CHAPTER 15. Ongoing Efforts Towards Reforming the ISDS System: An Aide-Memoire of the System’s Need Amidst Calls for Iconoclasm o CHAPTER 16. Managing Costs and Time in Arbitration o CHAPTER 17. Arbitral Institutions o 17.1. DIS Rules o 17.2. ICC Rules o 17.3. LCIA Rules o 17.4. MCIA Rules o 17.5. PCA Rules o 17.6. SIAC Rules o CHAPTER 18. Arbitration of Claims Relating to Environmental Damage in India o CHAPTER 19. A Comparative Analysis of Arbitral Legislations: India, Singapore & England o Appendices o APPENDIX I. The Arbitration and Conciliation Act, 1996 (as amended by Amending Act No. o 3 of 2016 (with effect from 23 October 2015) and Amending Act No. o 33 of 2019 (with effect from 9 August 2019) o APPENDIX II. The Arbitration and Conciliation (Amendment) Ordinance 2015, No. o 9 of 2015 o APPENDIX III. The Arbitration and Conciliation (Amendment) Act 2019, No. o 33 of 2019 o Table of Cases o Table of Awards o Index
a| Arbitration in India is a complete treatise – first of its kind, from the formation of the arbitration agreement in India to the enforcement of domestic and international awards – that aims to provide an up-to-date analysis of arbitration in India for those foreign counsels and arbitrators who have arbitrations in India and for Indian local counsel to understand the effects of international arbitration. 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. International arbitration practitioners, Indian practitioners, and scholars have combined efforts to produce a practical and informative guide on the subject.
a| The contributors provide detailed analysis and description of the evolution and current position of the law and practices in India: recommendations for the 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 drafting of the award guided by leading arbitrators and stakeholders and a review of the new 2021 ICC Rules.
a| Dave, Dushyant.
a| Hunter, Martin.
a| Nariman, Fali S. d| 1929-