New Law of Arbitration, ADR and Contract in India

EAN/UPC/ISBN Code 9789041103581


The Arbitration and Conciliation Act of 1996 (`the 1996 Act") altered Indian arbitration law dramatically. It curtailed the supervisory role of courts and replaced it with one of assistance. It gave parties greater autonomy in determining applicable arbitration procedures. It eliminated the compulsion to apply Indian law to international arbitrations. A major boon to the business community, these changes could provide salvation from oppressive courtroom litigation. New Law of Arbitration, ADR & Contract Law in India contains the latest commentary on the 1996 Act with reference to Indian and foreign case law and the UNCITRAL Model Law upon which the 1996 Act was based. This broad range of topics covered includes + the arbitral agreement; + the arbitral tribunal, its composition and jurisdiction; + the arbitral proceeding and its termination; + the making of an award, its finality and enforcement; + recourse to the court; and + savings, repeal, and removal difficulties. This text also addresses the dispute resolution procedures under the Indian judicial system as well as ADR mechanisms such as conciliation, negotiation, and mediation. Despite this breadth of coverage, this book still offers detailed discussion of complex issues, referencing relevant court decisions in the process. As such, it provides a comprehensive and concise statement of important features of law relating to arbitration and conciliation in India.