Introduction To Arbitration In India PDF Download
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Author | : Tushar Kumar Biswas |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Arbitration (Administrative law) |
ISBN | : 9789041147653 |
Download Introduction to Arbitration in India Book in PDF, ePub and Kindle
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. |
Total Pages | : 532 |
Release | : 2021-02-24 |
Genre | : Law |
ISBN | : 9041182829 |
Download Arbitration in India Book in PDF, ePub and Kindle
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 | : Ilias Bantekas |
Publisher | : Cambridge University Press |
Total Pages | : 397 |
Release | : 2015-08-10 |
Genre | : Law |
ISBN | : 1316352641 |
Download An Introduction to International Arbitration Book in PDF, ePub and Kindle
This concise yet comprehensive textbook introduces the reader to the law and practice of international arbitration. Arbitration is a complex field due to the variety of disciplines involved and necessitates an approach that takes nothing for granted. Written by a renowned scholar and practitioner, this book explains the divergent issues of civil procedure, contracts, conflict of laws, international law amongst others in an accessible manner. Focusing mainly on international commercial arbitration, the book also features a distinct chapter on consumer and online arbitration and an equally comprehensive chapter on international investment arbitration.
Author | : Archa Rajeevi |
Publisher | : GRIN Verlag |
Total Pages | : 9 |
Release | : 2019-05-21 |
Genre | : Law |
ISBN | : 3668942234 |
Download A Comment on the Indian Arbitration and Conciliation (Amendment) Bill, 2018 Book in PDF, ePub and Kindle
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 | : Margaret L. Moses |
Publisher | : Cambridge University Press |
Total Pages | : 91 |
Release | : 2008-03-17 |
Genre | : Law |
ISBN | : 1139469975 |
Download The Principles and Practice of International Commercial Arbitration Book in PDF, ePub and Kindle
This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.
Author | : Merajuddin Farani |
Publisher | : |
Total Pages | : 420 |
Release | : 1971 |
Genre | : Arbitration and award |
ISBN | : |
Download The Arbitration Laws Book in PDF, ePub and Kindle
Author | : Aniruddha Rajput |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 248 |
Release | : 2016-04-24 |
Genre | : Law |
ISBN | : 904118614X |
Download Protection of Foreign Investment in India and Investment Treaty Arbitration Book in PDF, ePub and Kindle
India is one of the fastest growing economies and intends to achieve the desired growth with the help of foreign investment. Recently, India terminated all the existing Bilateral Investment Treaties (BITs) and announced to renegotiate them based on the newly issued Model BIT. This book is the first comprehensive commentary and analyses of international investment law with focus on India. It offers detailed examination of India’s legal position in relation to protection of foreign investment and the impact of investment treaty arbitration and related jurisprudence on the country’s governance structures and regulatory framework. Additionally, it reflects upon the political and economic rationales for the policy on foreign investment. Among the matters discussed are the following: • jurisprudence of investment tribunals, with focus on cases where India was a party (White Industries v. India); • impact of the Make in India campaign and other reforms on foreign investment; • requirement of valid entry and operation of foreign investment; • prominent treatment standards such as expropriation, fair and equitable treatment, full protection and security, most favoured nation, and national treatment; • dispute resolution clauses and enforcement of investment arbitration awards; • interaction of protection of foreign investment and the Indian judiciary; and • reasons for India not joining the ICSID Convention. Given India’s position as a hugely influential player in the cross-border movement of capital, with the willingness to ‘change the rules’ on foreign investment and investment treaty arbitration worldwide, this book will prove of immeasurable value to practitioners, legal academics, interested policy makers, multinational corporations and their counsel and others interested in international investment law and India.
Author | : Aarushi Dhingra |
Publisher | : |
Total Pages | : 23 |
Release | : 2020 |
Genre | : |
ISBN | : |
Download Arbitration and Conciliation Act, 1996 - An Overview Book in PDF, ePub and Kindle
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 | : |
Total Pages | : 0 |
Release | : 2021 |
Genre | : |
ISBN | : |
Download Arbitration Law in India - an Overview Book in PDF, ePub and Kindle
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 | : Gary F. Bell |
Publisher | : Cambridge University Press |
Total Pages | : 461 |
Release | : 2018-10-04 |
Genre | : Language Arts & Disciplines |
ISBN | : 1107183979 |
Download The UNCITRAL Model Law and Asian Arbitration Laws Book in PDF, ePub and Kindle
Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.