LAW OF ARBITRAITON & CONCILIATIONGeneral ContentsTitle Page
Preface to the third edition
Preface to the first edition
Contents
Table of Cases
Subject Index
PRELIMINARYTHE ARBITRATION AND CONCILIATION ACT, 1996SHORT TITLE, EXTENT AND COMMENCEMENT [S. 1]
COMPARATIVE TABLEPART-I
ARBITRATION
[Ss. 2 to 43]CHAPTER 1 GENERAL PROVISIONS [Ss. 2 TO 6]
CHAPTER 2 ARBITRATION AGREEMENT [Ss. 7 TO 9]
CHAPTER 3 COMPOSITION OF ARBITRAL TRIBUNAL [Ss. 10 TO 15]
CHAPTER 4 JURISDICTION OF ARBITRAL TRIBUNALS [Ss. 16 & 17]
CHAPTER 5 CONDUCT OF ARBITRAL PROCEEDINGS [Ss. 18 TO 27]
CHAPTER 6 MAKING OF ARBITRAL AWARD AND TERMINATION OF PROCEEDINGS [Ss. 28 TO 33]
CHAPTER 7 SETTING ASIDE AWARDS [SECTION 34]
CHAPTER 8 FINALITY AND ENFORCEMENT OF ARBITRAL AWARDS [Ss. 35 & 36]
CHAPTER 9 APPEAL AND REVISION [SECTION 37]
CHAPTER 10 MISCELLANEOUS
General ContentsPART-II
ENFORCEMENT OF CERTAIN FOREIGN AWARDS
[Ss. 44 to 60]CHAPTER 1 NEW YORK CONVENTION [Ss. 44 TO 52]
CHAPTER 2 GENEVA CONVENTION AWARDS [Ss. 53 TO 60]PART-III
CONCILIATION
[Ss. 61 to 81]PART-IV
SUPPLEMENTARY PROVISIONS
[Ss. 82 to 86]PART-V
PROVISIONS OF 1940 ACT WHICH DO NOT FIND PLACE IN 1996 ACTAPPENDICESPART-I
STATUTORY ENACTMENTS AND INSTRUMENTS (INDIAN)APP. 1 – THE ARBITRATION AND CONCILIATION ACT, 1996
APP. 2 – THE ARBITRATION ACT, 1940
APP. 3 – THE ARBITRATION (PROTOCOL AND CONVENTION) ACT, 1937
APP. 4 – THE FOREIGN AWARDS (RECOGNITION AND ENFORCEMENT) ACT, 1961
APP. 5 – THE JAMMU AND KASHMIR ARBITRATION AND CONCILIATION ACT, 1997
APP. 6 – GUJARAT PUBLIC WORKS CONTRACTS DISPUTES ARBITRATION
TRIBUNAL ACT, 1992APP. 7 – GUJARAT PUBLIC WORKS DISPUTES ARBITRATION TRIBUNAL RULES, 1993
APP. 8 – THE MADHYA PRADESH MADHYASTHAM ADHIKARAN ADHINIYAM, 1983
APP. 9 – MADHYA PRADESH MADHYASTHAM ADHIKARAN NIYAM, 1984
APP. 10-11 – MADHYA PRADESH MADHYASTHAM ADHIKARAN REGULATIONS, 1985
APP. 12 – THE INTEREST ACT, 1978
APP. 13 – THE LIMITATION ACT, 1963
APP. 14 – THE INDIAN STAMP ACT, 1899
APP. 15 – THE REGISTRATION ACT, 1908PART-II
ENGLISH ACTS, UNCITRAL, FOREIGN INSTITUTIONAL RULES, INTERNATIONAL CONVENTIONS, MODEL CLAUSES AND ADRAPP. 16 – THE [ENGLISH] ARBITRATION ACT 1996
APP. 17 – THE [ENGLISH] ARBITRATION ACT 1979
APP. 18 – THE [ENGLISH] ARBITRATION ACT, 1975
APP. 19 – THE [ENGLISH] ARBITRATION ACT 1950
APP. 20 – THE [ENGLISH] ARBITRATION ACT, 1934
APP. 21 – THE [ENGLISH] ARBITRATION ACT, 1899
APP. 22 – THE [ENGLISH] ARBITRATION (COMMODITY CONTRACTS) ORDER, 1979
APP. 23 – ARBITRATION (INTERNATIONAL INVESTMENT DISPUTES) ACT, 1966
APP. 24 – THE ADMINISTRATION OF JUSTICE ACT, 1920
APP. 25 – THE [ENGLISH] COMMON LAW PROCEDURE ACT, 1854
APP. 26 – UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION
APP. 27 – UNCITRAL ARBITRATION RULES
APP. 28 – UNCITRAL CONCILIATION RULES
APP. 29 – UNCITRAL NOTES ON ORGANIZING ARBITRAL PROCEEDINGS
APP. 30 – RESOLUTION ON UNCITED NATIONS CONFERENCE ON INTERNATIONAL COMMERCIAL ARBITRATION
APP. 31 – ICC RULES OF ARBITRATION
APP. 32 – ICC RULES OF OPTIONAL CONCILIATION AND ARBITRATION
APP. 33 – THE CONTRACT OF INTERNATIONAL SALE OF GOODS (ICC INCO TERMS, 1980)
APP. 34 – THE CHARTERED INSTITUTE OF ARBITRATORS ARBITRATION RULES
APP. 35 – THE CHARTERED INSTITUTE OF ARBITRATORS SHORT FORM ARBITRATION RULES 1991
APP. 36 – THE LONDON COURT OF INTERNATIONAL ARBITRATION RULES
APP. 37 – GAFTA ARBITRATION RULES (NO. 125)
APP. 38 – INTERNATIONAL BAR ASSOCIATION ETHICS FOR INTERNATIONAL ARBITRATORS
APP. 39 – INTERNATIONAL BAR ASSOCIATION SUPPLEMENTARY RULES GOVERNING THE PRESENTATION AND RECEPTION OF EVIDENCE IN INTERNATIONAL COMMERCIAL ARBITRATION
APP. 40 – A EUROPEAN CONVENTION ON INTERNATIONAL COMMERCIAL ARBITRATION OF 1961
APP. 41 – BRUSSELS EC CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS
APP. 42-44 – EXAMPLE OF AD HOC ARBITRATION CLAUSE
APP. 45 – EXAMPLE OF SUBMISSION AGREEMENT
APP. 46 – MODEL ARBITRATION CLAUSES RECOMMENDED BY SOME OF THE IMPORTANT ARBITRAL INSTITUTIONS
APP. 47 – INTERNATIONAL CENTRE FOR ALTERNATIVE DISPUTE RESOLUTION (ICADR) ARBITRATION, RULES, 1996
APP. 48 – INTERNATIONAL CENTRE FOR ALTERNATIVE DISPUTE RESOLUTION (ICADR) CONCILIATION RULES, 1996PART-III
RULES AND SCHEMES FRAMED UNDER 1996 AND 1940 ACTSAPP. 49 – BY THE HIGH COURT OF JUDICATURE AT BOMBAY
APP. 50 – HIGH COURT OF MADHYA PRADESH JABALPUR
APP. 51 – THE APPOINTMENT OF ARBITRATORS BY THE CHIEF JUSTICE OF INDIA SCHEME, 1996
APP. 52 – ALLAHABAD HIGH COURT
APP. 53 – ANDHRA PRADESH HIGH COURT
APP. 54 – HIGH COURT OF JUDICATURE AT BOMBAY
APP. 55 – HIGH COURT AT CALCUTTA
APP. 56 – HIGH COURT OF DELHI: NEW DELHI
APP. 57 – GAUHATI HIGH COURT
APP. 58 – THE SCHEME FOR APPOINTMENT OF ARBITRATORS BY THE CHIEF JUSTICE OF GUJARAT HIGH COURT, 1996
APP. 59 – HIGH COURT OF HIMACHAL PRADESH, SHIMLA
APP. 60 – HIGH COURT OF KARNATAKA, BANGALORE
APP. 61 – KERALA HIGH COURT
APP. 62 – HIGH COURT OF MADHYA PRADESH, JABALPUR
APP. 63 – MADRAS HIGH COURT
APP. 64 – ORISSA HIGH COURT
APP. 65 – HIGH COURT OF PATNA
APP. 66 – HIGH COURT OF PUNJAB AND HARYANA, CHANDIGARH
APP. 67 – HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
APP. 68 – HIGH COURT OF SIKKIM
APP. 69 – ALLAHABAD HIGH COURT RULES
APP. 70 – CHAPTER XLI OF RULES AND FORMS OF THE HIGH COURT OF JUDICATURE AT BOMBAY
APP. 71 – HIGH COURT OF JUDICATURE AT FORT WILLIAM IN BENGAL, CALCUTTA HIGH COURT RULES
APP. 72 – RULES OF THE HIGH COURT AT CALCUTTA
APP. 73 – RULES FRAMED BY THE GAUHATI HIGH COURT
APP. 74 – GUJARAT HIGH COURT RULES
APP. 75 – KERALA ARBITRATION RULES, 1977
APP. 76 – MADRAS HIGH COURT RULES
APP. 77 – MYSORE (NOW KARNATAKA) HIGH COURT RULES
APP. 78 – ORISSA HIGH COURT RULES
APP. 79 – PATNA HIGH COURT RULES
APP. 80 – PUNJAB HIGH COURT [NOW PUNJAB AND HARYANA HIGH COURT] ARBITRATION RULES
APP. 81 – RAJASTHAN ARBITRATION RULES
PART-IV
ARBITRATION RULES OF THE INDIAN COUNCIL OF ARBITRATION AND CHAMBERS OF COMMERCEAPP. 82 – RULES OF ARBITRATION OF THE INDIAN COUNCIL OF ARBITRATION
APP. 83 – INDIAN COUNCIL OF ARBITRATION
APP. 84 – ARBITRATION RULES OF CHAMBERS OF COMMERCE
APP. 85 – RULES OF BENGAL NATIONAL CHAMBER OF COMMERCE
APP. 86 – RULES AND REGULATIONS OF THE INDIAN MERCHANTS CHAMBER
APP. 87 – RULES OF BOMBAY CHAMBER OF COMMERCE AND INDUSTRY
APP. 88 – RULES OF MADRAS CHAMBER OF COMMERCE
Preface to the third edition
Preface to the first edition
Contents
Table of Cases
Subject Index
PRELIMINARYTHE ARBITRATION AND CONCILIATION ACT, 1996SHORT TITLE, EXTENT AND COMMENCEMENT [S. 1]
COMPARATIVE TABLEPART-I
ARBITRATION
[Ss. 2 to 43]CHAPTER 1 GENERAL PROVISIONS [Ss. 2 TO 6]
CHAPTER 2 ARBITRATION AGREEMENT [Ss. 7 TO 9]
CHAPTER 3 COMPOSITION OF ARBITRAL TRIBUNAL [Ss. 10 TO 15]
CHAPTER 4 JURISDICTION OF ARBITRAL TRIBUNALS [Ss. 16 & 17]
CHAPTER 5 CONDUCT OF ARBITRAL PROCEEDINGS [Ss. 18 TO 27]
CHAPTER 6 MAKING OF ARBITRAL AWARD AND TERMINATION OF PROCEEDINGS [Ss. 28 TO 33]
CHAPTER 7 SETTING ASIDE AWARDS [SECTION 34]
CHAPTER 8 FINALITY AND ENFORCEMENT OF ARBITRAL AWARDS [Ss. 35 & 36]
CHAPTER 9 APPEAL AND REVISION [SECTION 37]
CHAPTER 10 MISCELLANEOUS
General ContentsPART-II
ENFORCEMENT OF CERTAIN FOREIGN AWARDS
[Ss. 44 to 60]CHAPTER 1 NEW YORK CONVENTION [Ss. 44 TO 52]
CHAPTER 2 GENEVA CONVENTION AWARDS [Ss. 53 TO 60]PART-III
CONCILIATION
[Ss. 61 to 81]PART-IV
SUPPLEMENTARY PROVISIONS
[Ss. 82 to 86]PART-V
PROVISIONS OF 1940 ACT WHICH DO NOT FIND PLACE IN 1996 ACTAPPENDICESPART-I
STATUTORY ENACTMENTS AND INSTRUMENTS (INDIAN)APP. 1 – THE ARBITRATION AND CONCILIATION ACT, 1996
APP. 2 – THE ARBITRATION ACT, 1940
APP. 3 – THE ARBITRATION (PROTOCOL AND CONVENTION) ACT, 1937
APP. 4 – THE FOREIGN AWARDS (RECOGNITION AND ENFORCEMENT) ACT, 1961
APP. 5 – THE JAMMU AND KASHMIR ARBITRATION AND CONCILIATION ACT, 1997
APP. 6 – GUJARAT PUBLIC WORKS CONTRACTS DISPUTES ARBITRATION
TRIBUNAL ACT, 1992APP. 7 – GUJARAT PUBLIC WORKS DISPUTES ARBITRATION TRIBUNAL RULES, 1993
APP. 8 – THE MADHYA PRADESH MADHYASTHAM ADHIKARAN ADHINIYAM, 1983
APP. 9 – MADHYA PRADESH MADHYASTHAM ADHIKARAN NIYAM, 1984
APP. 10-11 – MADHYA PRADESH MADHYASTHAM ADHIKARAN REGULATIONS, 1985
APP. 12 – THE INTEREST ACT, 1978
APP. 13 – THE LIMITATION ACT, 1963
APP. 14 – THE INDIAN STAMP ACT, 1899
APP. 15 – THE REGISTRATION ACT, 1908PART-II
ENGLISH ACTS, UNCITRAL, FOREIGN INSTITUTIONAL RULES, INTERNATIONAL CONVENTIONS, MODEL CLAUSES AND ADRAPP. 16 – THE [ENGLISH] ARBITRATION ACT 1996
APP. 17 – THE [ENGLISH] ARBITRATION ACT 1979
APP. 18 – THE [ENGLISH] ARBITRATION ACT, 1975
APP. 19 – THE [ENGLISH] ARBITRATION ACT 1950
APP. 20 – THE [ENGLISH] ARBITRATION ACT, 1934
APP. 21 – THE [ENGLISH] ARBITRATION ACT, 1899
APP. 22 – THE [ENGLISH] ARBITRATION (COMMODITY CONTRACTS) ORDER, 1979
APP. 23 – ARBITRATION (INTERNATIONAL INVESTMENT DISPUTES) ACT, 1966
APP. 24 – THE ADMINISTRATION OF JUSTICE ACT, 1920
APP. 25 – THE [ENGLISH] COMMON LAW PROCEDURE ACT, 1854
APP. 26 – UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION
APP. 27 – UNCITRAL ARBITRATION RULES
APP. 28 – UNCITRAL CONCILIATION RULES
APP. 29 – UNCITRAL NOTES ON ORGANIZING ARBITRAL PROCEEDINGS
APP. 30 – RESOLUTION ON UNCITED NATIONS CONFERENCE ON INTERNATIONAL COMMERCIAL ARBITRATION
APP. 31 – ICC RULES OF ARBITRATION
APP. 32 – ICC RULES OF OPTIONAL CONCILIATION AND ARBITRATION
APP. 33 – THE CONTRACT OF INTERNATIONAL SALE OF GOODS (ICC INCO TERMS, 1980)
APP. 34 – THE CHARTERED INSTITUTE OF ARBITRATORS ARBITRATION RULES
APP. 35 – THE CHARTERED INSTITUTE OF ARBITRATORS SHORT FORM ARBITRATION RULES 1991
APP. 36 – THE LONDON COURT OF INTERNATIONAL ARBITRATION RULES
APP. 37 – GAFTA ARBITRATION RULES (NO. 125)
APP. 38 – INTERNATIONAL BAR ASSOCIATION ETHICS FOR INTERNATIONAL ARBITRATORS
APP. 39 – INTERNATIONAL BAR ASSOCIATION SUPPLEMENTARY RULES GOVERNING THE PRESENTATION AND RECEPTION OF EVIDENCE IN INTERNATIONAL COMMERCIAL ARBITRATION
APP. 40 – A EUROPEAN CONVENTION ON INTERNATIONAL COMMERCIAL ARBITRATION OF 1961
APP. 41 – BRUSSELS EC CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS
APP. 42-44 – EXAMPLE OF AD HOC ARBITRATION CLAUSE
APP. 45 – EXAMPLE OF SUBMISSION AGREEMENT
APP. 46 – MODEL ARBITRATION CLAUSES RECOMMENDED BY SOME OF THE IMPORTANT ARBITRAL INSTITUTIONS
APP. 47 – INTERNATIONAL CENTRE FOR ALTERNATIVE DISPUTE RESOLUTION (ICADR) ARBITRATION, RULES, 1996
APP. 48 – INTERNATIONAL CENTRE FOR ALTERNATIVE DISPUTE RESOLUTION (ICADR) CONCILIATION RULES, 1996PART-III
RULES AND SCHEMES FRAMED UNDER 1996 AND 1940 ACTSAPP. 49 – BY THE HIGH COURT OF JUDICATURE AT BOMBAY
APP. 50 – HIGH COURT OF MADHYA PRADESH JABALPUR
APP. 51 – THE APPOINTMENT OF ARBITRATORS BY THE CHIEF JUSTICE OF INDIA SCHEME, 1996
APP. 52 – ALLAHABAD HIGH COURT
APP. 53 – ANDHRA PRADESH HIGH COURT
APP. 54 – HIGH COURT OF JUDICATURE AT BOMBAY
APP. 55 – HIGH COURT AT CALCUTTA
APP. 56 – HIGH COURT OF DELHI: NEW DELHI
APP. 57 – GAUHATI HIGH COURT
APP. 58 – THE SCHEME FOR APPOINTMENT OF ARBITRATORS BY THE CHIEF JUSTICE OF GUJARAT HIGH COURT, 1996
APP. 59 – HIGH COURT OF HIMACHAL PRADESH, SHIMLA
APP. 60 – HIGH COURT OF KARNATAKA, BANGALORE
APP. 61 – KERALA HIGH COURT
APP. 62 – HIGH COURT OF MADHYA PRADESH, JABALPUR
APP. 63 – MADRAS HIGH COURT
APP. 64 – ORISSA HIGH COURT
APP. 65 – HIGH COURT OF PATNA
APP. 66 – HIGH COURT OF PUNJAB AND HARYANA, CHANDIGARH
APP. 67 – HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
APP. 68 – HIGH COURT OF SIKKIM
APP. 69 – ALLAHABAD HIGH COURT RULES
APP. 70 – CHAPTER XLI OF RULES AND FORMS OF THE HIGH COURT OF JUDICATURE AT BOMBAY
APP. 71 – HIGH COURT OF JUDICATURE AT FORT WILLIAM IN BENGAL, CALCUTTA HIGH COURT RULES
APP. 72 – RULES OF THE HIGH COURT AT CALCUTTA
APP. 73 – RULES FRAMED BY THE GAUHATI HIGH COURT
APP. 74 – GUJARAT HIGH COURT RULES
APP. 75 – KERALA ARBITRATION RULES, 1977
APP. 76 – MADRAS HIGH COURT RULES
APP. 77 – MYSORE (NOW KARNATAKA) HIGH COURT RULES
APP. 78 – ORISSA HIGH COURT RULES
APP. 79 – PATNA HIGH COURT RULES
APP. 80 – PUNJAB HIGH COURT [NOW PUNJAB AND HARYANA HIGH COURT] ARBITRATION RULES
APP. 81 – RAJASTHAN ARBITRATION RULES
PART-IV
ARBITRATION RULES OF THE INDIAN COUNCIL OF ARBITRATION AND CHAMBERS OF COMMERCEAPP. 82 – RULES OF ARBITRATION OF THE INDIAN COUNCIL OF ARBITRATION
APP. 83 – INDIAN COUNCIL OF ARBITRATION
APP. 84 – ARBITRATION RULES OF CHAMBERS OF COMMERCE
APP. 85 – RULES OF BENGAL NATIONAL CHAMBER OF COMMERCE
APP. 86 – RULES AND REGULATIONS OF THE INDIAN MERCHANTS CHAMBER
APP. 87 – RULES OF BOMBAY CHAMBER OF COMMERCE AND INDUSTRY
APP. 88 – RULES OF MADRAS CHAMBER OF COMMERCE
