Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Introduction to Arbitration in India PDF full book. Access full book title Introduction to Arbitration in India by Tushar Kumar Biswas. Download full books in PDF and EPUB format.
Author: Tushar Kumar Biswas Publisher: ISBN: 9789041147653 Category : Arbitration (Administrative law) Languages : en Pages : 0
Book Description
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: Tushar Kumar Biswas Publisher: ISBN: 9789041147653 Category : Arbitration (Administrative law) Languages : en Pages : 0
Book Description
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: Dushyant Dave Publisher: Kluwer Law International B.V. ISBN: 9041182829 Category : Law Languages : en Pages : 532
Book Description
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: Archa Rajeevi Publisher: GRIN Verlag ISBN: 3668942234 Category : Law Languages : en Pages : 9
Book Description
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: Aarushi Dhingra Publisher: ISBN: Category : Languages : en Pages : 23
Book Description
The significant increase in the economic development of nations over the last few decades has been accompanied by a considerable increase in the number of commercial disputes as well. As a result, alternative dispute resolution mechanisms including arbitration have become more crucial for businesses operating in India as well as those during businesses with Indian firms. Keeping in mind the broader exploration between the quality of legal performance and economic growth, this paper is an attempt to critically evaluate arbitration in India as a legal institution. In this paper, the prime position in dispute resolution is discussed. This paper examines and evaluates the International Arbitration Regime in India under 1940 and 1996 Acts, and also discusses the main concepts like arbitrator, arbitration agreement, arbitral awards, foreign awards, public policy etc. This paper also deals with recognition and enforcement of the award and identifies the Indian regime governing the domestic, and International Commercial Arbitration. In International commercial arbitration contracts are frequently applied ADR techniques, especially arbitration is seen as a way out arbitration as a private, independent, and neutral system, time and cost benefits that are felt to be the hallmarks of the arbitration. Arbitration is increasingly becoming popular within the parties to settle their international as well as domestic commercial disputes.
Author: Sneha Jaiswal Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The huge expansion in the financial advancement of countries throughout the most recent couple of many years has been joined by an impressive expansion in the number of business questions too. Therefore, Alternative dispute resolution including arbitration has gotten more important for organizations working in India just as those working organizations with Indian firms. Remembering the more extensive investigation between the quality of legal performance and monetary development, this paper is an endeavor to fundamentally assess arbitration in India as a lawful institution. In this paper, the prime situation in dispute resolution is examined. This paper examines and evaluates the Arbitration law of India and also discusses the main concepts like historical background, characteristics, etc. This paper also deals with disputes included under arbitration and dispute outside arbitration. Arbitration is increasingly becoming popular within the parties to settle their international as well as domestic disputes.
Author: Chitranjali Negi Advocate Publisher: ISBN: Category : Languages : en Pages : 10
Book Description
Online Arbitration is a new tool for dispute settlement mechanism. This mechanism is more cost effective, more efficient and better than other traditional approaches of dispute settlement. As a new mechanism of dispute resolution, online arbitration has encountered certain difficulties in the application of traditional principles of international commercial arbitration law. Problems of litigation in the commercial disputes have made the alternative disputes resolution promotes day by day. Arbitration is one of the best technique which has found international popularity due to accurate codes and enforceable awards. 188th report of Law Commission of India proposed that we apply a 'fast track' procedure for the 'Commercial Division' cases in the proposed Commercial Division of the High Courts. The Law Commission, in its 176th Report on Amendments to the Indian Arbitration and Conciliation Act, 1996 proposed a 'fast-track' procedure for arbitration in India, where parties opt for such a procedure. We shall keep that model as a guide for prescribing a 'fast-track' procedure in Commercial cases of pecuniary value as high as 1 crore or more. Online Arbitration is the most successful simple method for the best resolution of cyberspace disputes. There are many legal issues that arise out of Online Arbitration, such as choice of applicable law, requirements of arbitration agreement, signature and place of arbitration etc. The principle underlying the online arbitration/ cyberspace approach is to find better, faster and cheaper ways to resolve disputes with the aid of technology.
Author: Shahla Ali Publisher: Kluwer Law International B.V. ISBN: 940352863X Category : Law Languages : en Pages : 313
Book Description
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
Author: Gabrielle Kaufmann-Kohler Publisher: Oxford University Press ISBN: 0191669199 Category : Law Languages : en Pages : 732
Book Description
This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.
Author: Tushar Kumar Biswas
Author: Tushar Kumar Biswas
Author: Dushyant Dave
Author: Gary F. Bell
Author: Archa Rajeevi
Author: Merajuddin Farani
Author: Aarushi Dhingra
Author: Sneha Jaiswal
Author: Chitranjali Negi Advocate
Author: Shahla Ali
Author: Gabrielle Kaufmann-Kohler