Law, Practice and Procedure of Arbitration in India

Description

Datuk Professor Sundra Rajoo’s Law, Practice, and Procedure of Arbitration in India is a great new resource for the Indian and international arbitration community. It provides a detailed practical guide on the Indian arbitration landscape. The text of the book traverses in detail the latest precedents with in-depth analysis and prognosis of the evolving arbitral regime in India. Datuk Sundra’s academic knowledge, vast experience, and practical insight as an arbitrator are seen in each of the 51 chapters of the book. Every chapter brings the international perspective, practice, procedure, comparable provisions of law, and precedents from other common law and civil law jurisdictions to provide global insights and comparisons into each aspect of arbitration.

The book sets out and discusses scholarly and authoritative views of the leading international voices on arbitration, all the latest Indian legislative amendments, judicial precedents and their impact on India’s position as a preferred destination for the arbitration of commercial disputes. Practitioners, counsels, judges, general counsels, arbitral institutions, students and other users of or interested in arbitration will find the Law, Practice, and Procedure of Arbitration in India useful.

Contents

Table of Cases
1: Nature of Arbitration
2. Legislative Development of Arbitration
3: Defining an Arbitration
4: Relevance of Arbitration in Resolving Disputes
5: Privacy, Confidentiality and Transparency in Arbitration
6: Types of Arbitrations
7: Arbitration Agreements
8: Separability of Arbitration Clause
9: Jurisdiction of the Arbitral Tribunal
10: Who May Refer Matters to Arbitration?
11: Scope of Arbitration Agreement
12: Existence of Disputes or Differences
13: Effect of Arbitration Agreement
14: Stay of Concurrent Proceedings in Court
15: Conditions for Obtaining a Stay
16: Effect and Terms of a Stay
17: Injunctions Restraining Arbitration Proceedings
18: Ousting the Jurisdiction of the Court
19: Commencement of Arbitration
20: Appointment of an Arbitral Tribunal under the Arbitration Agreement
21: Composition of Arbitral Tribunals
22: Appointment of Arbitral Tribunal under the Arbitration Act
23: Challenge of Authority and Removal of Arbitrator
24: Remuneration of the Arbitrator
25: Conduct of the Arbitration
26: Procedure Prior to the Hearing
27: Procedure at the Hearing
28: Consequences of Default by Parties
29: Evidence in Arbitration
30: Representation in Arbitrations
31: Powers, Duties and Liability of the Arbitral Tribunal
32: Powers of the Arbitral Tribunal
33: Jurisdiction of the High Court
34: Powers of a High Court
35: Types of Award
36: Making of the Award
37: Substantive Requirements of an Award
38: Mistakes or Omissions in the Award
39: Effects of a Valid Award
40: Remedies and Reliefs
41: Award of Interest
42: Costs of the Arbitration
43: Offers of Settlement and Costs Protection
44: Determination of Costs
45: Challenge to the Arbitral Award
46: Recourse against the Award
47: Effect of Order for Remission or Setting Aside Award
48: Enforcement and Recognition of Arbitral Awards
49: Enforcement and Recognition of Arbitral Awards under the Geneva Convention
50: Conflict of Laws in Arbitration
51: Investment Arbitration
Appendices
Index