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Arbitration in India

Edited by: Dushyant Dave, Martin Hunter, Fali Nariman, Marike Paulsson

ISBN13: 9789041182555
Published: March 2021
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £173.00



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Arbitration in India is a complete treatise – first of its kind, from the formation of the arbitration agreement in India to the enforcement of domestic and international awards – that aims to provide an up-to-date analysis of arbitration in India for those foreign counsels and arbitrators who have arbitrations in India and for Indian local counsel to understand the effects of international arbitration. 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. International arbitration practitioners, Indian practitioners, and scholars have combined efforts to produce a practical and informative guide on the subject.

What’s in this book:

Over forty members of the international arbitration community in India and beyond offer authoritative perspectives and insights into topics on arbitration in India. The contributors provide detailed analysis and description of the evolution and current position of the law and practices in India:

  • recommendations for the 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 drafting of the award guided by leading arbitrators and stakeholders and a review of the new 2021 ICC Rules.

How this will help you:

The book aims to assist foreign lawyers, Indian lawyers, in-house counsel, arbitrators, judges and institutions in fostering their relationship with India and considerations with respect to arbitration that have an Indian nexus. It will prove to be an effective tool for students, practitioners, judges and others in understanding and navigating the particularities and peculiarities of India’s system of domestic and international commercial arbitration.

Subjects:
Other Jurisdictions , India, Arbitration and Alternative Dispute Resolution
Contents:
Foreword
Preface
CHAPTER 1. General Notes for Practitioners
Ciccu Mukhopadhaya & Manavendra Mishra
CHAPTER 2. The Arbitration Agreement
Dipen Sabharwal
CHAPTER 3. Multiparty and Multi-contract Arbitrations
Vikas Mahendra & Pranav Budihal
CHAPTER 4. Constitution and Establishment of an Arbitral Tribunal
Rahul Donde & Rishabh Raheja
CHAPTER 5. Jurisdiction of the Arbitral Tribunal
Constantine Partasides & Manish Aggarwal
CHAPTER 6. The Laws Applicable to an Arbitration
Nakul Dewan
CHAPTER 7. The Conduct of Arbitral Proceedings in India
Martin Hunter, Shashank Garg & Simon Weber
CHAPTER 8. Interim Measures
Promod Nair & Shivani Singhal
CHAPTER 9. Arbitral Awards in Indian Arbitrations
Martin Hunter, Simon Weber & Sadyant Sasiprabhu
CHAPTER 10. Challenge and Enforcement of Awards: The Brooding Omnipresence of Public Policy
Darius J. Khambata
CHAPTER 11. Recognition and Enforcement of Foreign and Domestic Arbitral Awards: Role of National Courts
Dushyant Dave
CHAPTER 12. The India Resolutions for the 1958 Convention on the Recognition and Enforcement of Foreign Awards
Fali Nariman, Marike Paulsson & Supritha Suresh
CHAPTER 13. Investor-State Dispute Settlement and India
Aditya Singh
CHAPTER 14. Drafting Arbitration Clauses for India-Centric Agreements
Pallavi Shroff
CHAPTER 15. Ongoing Efforts Towards Reforming the ISDS System: An Aide-Memoire of the System’s Need Amidst Calls for Iconoclasm
Marike Paulsson, George Pothan & Supritha Suresh
CHAPTER 16. Managing Costs and Time in Arbitration
Tejas Karia
CHAPTER 17. Arbitral Institutions
17.1. DIS Rules
James Menz & Katia Rener
17.2. ICC Rules
Alexander G. Fessas & Abhinav Bhushan
17.3. LCIA Rules
Sherina Petit & Nosherwan Vakil
17.4. MCIA Rules
Cyril Shroff & Shaneen Parikh
17.5. PCA Rules
Brooks Daly & Ashwita Ambast
17.6. SIAC Rules
Lim Seok Hui & Kevin Nash
CHAPTER 18. Arbitration of Claims Relating to Environmental Damage in India
Karuna Nundy
CHAPTER 19. A Comparative Analysis of Arbitral Legislations: India, Singapore & England
Ganesh Chandru
Appendices
APPENDIX I. The Arbitration and Conciliation Act, 1996 (as amended by Amending Act No.
3 of 2016 (with effect from 23 October 2015) and Amending Act No.
33 of 2019 (with effect from 9 August 2019)
APPENDIX II. The Arbitration and Conciliation (Amendment) Ordinance 2015, No.
9 of 2015
APPENDIX III. The Arbitration and Conciliation (Amendment) Act 2019, No.
33 of 2019
Table of Cases
Table of Awards
Index