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Arbitration and Conciliation Act, 1996 - An Overview

Arbitration and Conciliation Act, 1996 - An Overview
Author: Aarushi Dhingra
Publisher:
Total Pages: 23
Release: 2020
Genre:
ISBN:

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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.


Introduction to Arbitration in India

Introduction to Arbitration in India
Author: Tushar Kumar Biswas
Publisher:
Total Pages: 0
Release: 2014
Genre: Arbitration (Administrative law)
ISBN: 9789041147653

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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.


The 1996 Arbitration and Conciliation Act with Amendments of 2015

The 1996 Arbitration and Conciliation Act with Amendments of 2015
Author: Vikrant Yadav
Publisher: GRIN Verlag
Total Pages: 241
Release: 2018-05-02
Genre: Law
ISBN: 3668695407

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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.


Arbitration Act 1996

Arbitration Act 1996
Author: Robert M. Merkin
Publisher: L L P
Total Pages: 254
Release: 1996
Genre: Law
ISBN:

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Disputes in day-to-day commercial dealings are inevitable and arbitration as a means of conflict resolution is becoming more widespread. This book details all the changes made to legislation by the Arbitration Act 1996 and their possible consequences. The author guides the reader through the considerations that led to the passing of the Act, and then examines the new Act's provisions in detail.


The Arbitration Act 1996

The Arbitration Act 1996
Author: Bruce Harris
Publisher: John Wiley & Sons
Total Pages: 521
Release: 2008-04-15
Genre: Technology & Engineering
ISBN: 0470691352

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The Arbitration Act 1996 introduced radical changes to the English arbitration law. This fourth edition has been revised to include new case law and provides a section by section commentary on the act and covers all the key cases.


Arbitration Act 1996

Arbitration Act 1996
Author: Robert Merkin
Publisher: CRC Press
Total Pages: 891
Release: 2014-03-14
Genre: Law
ISBN: 1317819012

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This book is an essential resource for any legal practitioner involved in any aspect of English arbitration law. It provides a thorough annotation of the Arbitration Act 1996, and contains comprehensive explanations of developments in the relevant case law to each section of the Act. Since the fourth edition of this book, the English courts have decided many important new cases on virtually every aspect of arbitration law. The most important developments relate to: The growth of anti-arbitration injunctions; The use of freezing injunctions against third party assets and the availability of anti-suit injunctions in EU proceedings; The definition of seat, the appointment of arbitrators, choice of applicable law, jurisdiction, the form of the award and the slip rule; Enforcement of foreign awards, and challenges to domestic awards by way of jurisdictional attacks, serious irregularity or error of law In this 5th edition, the notes to each section contain helpful sub-headings and a new Appendix will contain a fully annotated version of CPR Part 62 and the Practice Direction. The book will also be useful for academics and university students of law at all levels seeking an understanding of the 1996 Act, including those on the Legal Practice Course.


International Commercial Arbitration

International Commercial Arbitration
Author: A. J. van den Berg
Publisher: Kluwer Law International B.V.
Total Pages: 528
Release: 2003-01-01
Genre: Law
ISBN: 9041122192

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The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties


UNCITRAL Conciliation Rules

UNCITRAL Conciliation Rules
Author: United Nations Commission on International Trade Law
Publisher: New York : United Nations
Total Pages: 24
Release: 1981
Genre: Law
ISBN:

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