The Arbitration Law of India (which possesss 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.

Excerpt

Inhaltsverzeichnis (Table of Contents)

CHAPTER 1: HISTORY OF ARBITRATION LAW

International Law.
A Brief History of Arbitration Law in India

CHAPTER 2: DOMESTIC ARBITRATION

Preliminary.
Part-II.

Section 1. Short title, extent and-commencement.
Section 2. Definitions.......
Section 3. Receipt of written communications.—
Section 4. Waiver of right to object.
Section 5. Extent of judicial intervention..
Section 6. Administrative Assistance.
Section 7. Arbitration Agreement.
Section 8. Power to refer parties to arbitration where there is an arbitration agreement......
Section 9. Interim measures, etc. by court..
Section 10. Number of arbitrators....
Section 10. Appointment of Arbitrators.......
Section 11. Grounds for Challenge......
Section 12. Challenge Procedure. .......
Section 13. Failure or impossibility to act.
Section 14. Termination of mandate and substitution of arbitrator.

Part II- Chapter IV: Jurisdiction of Arbitral Tribunals.

Section 15. Competence of arbitral tribunal to rule on its jurisdiction.
Section 16. Interim measures ordered by arbitral tribunal.—

Chapter V: Conduct of Arbitral Proceedings......

Section 17. Equal treatment of parties..
Section 18. Determination of rules of procedure. …….
Section 29. Place of arbitration.........
Section 20. Commencement of arbitral proceedings.
Section 21. Language.....
Section 22. Statements of claim and defence.....
Section 23. Hearings and written proceedings.……………………………..\n
Section 24. Default of a party..
Section 25. Expert appointment by arbitral tribunal
Section 26. Court assistance in taking evidence..

Part II, Chapter-VI: Making of Arbitral Award and Termination of Proceedings

Section 27. Rules Applicable to Substance of Dispute.......
Section 28. Decision making by panel of arbitrators.
Section 29A. Time limit for arbitral award.-
Section 29B. Fast track procedure.—
Section 30. Settlement of disputes - Registration and Stamp duty
Section 31. Form and contents of arbitral award..
Section 31A. Regime for costs........
Section 32. Termination of proceedings..
Section 33. Correction and interpretation of award; additional award.—.

Part II, Chapter VII: Recourse against Arbitral Award.

Section 34. Application for setting aside arbitral award.......
Section 35. Finality of Arbitral Awards.-
Section 36. Enforcement-.

Part II, Chapter IX: Appeals

Section 37. Appealable orders.-

Part II, Chapter X: Miscellaneous......

Section 38. Deposits............
Section 39. Lien on arbitral award and deposits as to costs....
Section 40. Arbitration agreement not to be discharged by death of party thereto.
Section 41. Provisions in case of insolvency..
Section 42. Jurisdiction.-
Sec. 43. Limitations.—.

CHAPTER 3: ENFORCEMENT OF FOREIGN ARBITRAL AWARDS

Enforcement of Arbitral Award: The Geneva and New York Conventions......
Part II of the Arbitration and Conciliation Act, 1996: Reflection of International Statutes in Municipal Law
Section 44. Definition
Section 45. Power of judicial authority to refer parties to arbitration.........
Section 46. When Foreign Award Binding.
Section 47. Evidence………………..\n
Section 48. Conditions for Enforcement of Foreign Awards.
Section 49. Enforcement of Foreign Awards...\n
Section 50. Appealable Orders....\n
Sec. 52. Chapter II not to apply....

Part II Chapter II: Geneva Convention Awards..

Section 53. Interpretation.
Section 54. Power of judicial authority to refer parties to arbitration.\n
Section 55. Foreign awards when binding.\n
Section 56. Evidence...\n
Section 57. Conditions for enforcement of foreign awards..\n

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This book provides a comprehensive analysis of the Arbitration and Conciliation Act, 1996, with amendments of 2015, highlighting the evolution of arbitration law in India and its connection to international legal frameworks. The book delves into both domestic and foreign arbitration, exploring the legal framework, procedures, and enforcement mechanisms.

History and Evolution of Arbitration Law in India
Domestic Arbitration: Procedures, Jurisdiction, and Enforcement
Enforcement of Foreign Arbitral Awards: International Conventions and Domestic Law
The Relationship between Domestic and International Arbitration Law
Key Concepts and Definitions within the Arbitration Framework

Zusammenfassung der Kapitel (Chapter Summaries)

Chapter 1: This chapter traces the historical development of arbitration law, both internationally and in India. It explores the origins of arbitration and its evolution as a method of dispute resolution, shedding light on key international conventions and their impact on Indian law.
Chapter 2: This chapter delves into the intricacies of domestic arbitration in India, examining the provisions of the Arbitration and Conciliation Act, 1996. It covers various aspects of arbitration proceedings, including the definition of key terms, the formation of arbitration agreements, the appointment and challenge of arbitrators, the conduct of arbitral proceedings, the making of arbitral awards, and the procedures for recourse against awards.

Schlüsselwörter (Keywords)

The primary focus of this book lies on arbitration law, domestic arbitration, foreign arbitral awards, dispute resolution, legal framework, procedures, enforcement, international conventions, Geneva Convention, New York Convention, and the Arbitration and Conciliation Act, 1996.

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Details

Title: The 1996 Arbitration and Conciliation Act with Amendments of 2015
Author: Vikrant Yadav (Author)
Publication Year: 2017
Pages: 241
Catalog Number: V424098
ISBN (eBook): 9783668695405
ISBN (Book): 9783668695412
Language: English
Tags: arbitration conciliation amendments
Product Safety: GRIN Publishing GmbH

Quote paper: Vikrant Yadav (Author), 2017, The 1996 Arbitration and Conciliation Act with Amendments of 2015, Munich, GRIN Verlag, https://www.grin.com/document/424098

The 1996 Arbitration and Conciliation Act with Amendments of 2015