Treatise on Arbitration law and Practice (A Criminal Commentary on Part I of the Act of 1996) (2 Volumes)

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Description
As India ushered in liberalisation in the 1990s and the economy blossomed in its wake, there was a crying need for reform in how commercial disputes were addressed. By the mid-1990s, it was perceived that too much of public funds remained locked in bank claims and pending endlessly in court. The regular system of courts, under the judicial wing of the sovereign, was relieved of the adjudication of bank claims and, by 1993, such claims were parked with a tribunal exclusively set up only for such purpose. Around the same time, when it was noticed that India figured in the last rungs of the list of countries surveyed in respect of enforcement of contracts, special attention was given to arbitration, which is a consensual form of adjudication outside the sovereign system of regular courts. Initially, an ordinance was promulgated, which was replaced by the Arbitration and Conciliation Act, 1996 styled on the UNCITRAL model. The arbitration half of such statute the other being the less adopted conciliation mode of alternative dispute resolution mechanism came in two distinct parts: the first covering domestic arbitrations where the seat of arbitration was in India; and, the other pertaining to international, primarily commercial, arbitration.
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Table of Contents
Volume 1
1. Introduction
2. Definitions
3. Receipt of written communication
4. Waiver of right to object
5. Extent of judicial intervention
6. Administrative assistance
7. Arbitration Agreement
8. Power to refer parties to Arbitration where there is an Arbitration Agreement.
9. Interim measures, etc., by Court
10. Number of arbitrators
11. Appointment of arbitrators
12. Grounds for Challenge.
13. Challenge procedure
14. Failure or Impossibility to Act
15. Termination of mandate and substitution of arbitrator
16. Competence of Arbitral Tribunal to rule on its jurisdiction
17. Interim measures ordered by arbitral tribunal
18. Equal Treatment of parties
19. Determination of rules of procedure
20. Place of Arbitration
21. Commencement of Arbitral Proceedings.
22. Language
23. Statements of Claim and Defence.
24. Hearings and Written Proceedings
25. Default of a party
26. Expert Appointment by Arbitral Tribunal
27. Court assistance in Taking Evidence
28. Rules applicable to substance of dispute
29. Decision making by panel of arbitrators
30. Time limit for arbitral award
31. Fast track procedure
32. Settlement
33. Form and Contents of Arbitral Award
34. Termination of Proceedings.
35. Correction and Interpretation of Award; Additional Award.
Volume 2
36. Application for setting aside arbitral awards.
37. Finality of arbitral awards
38. Enforcement.
39. Appealable Orders
40. Deposits.
41. Lien on arbitral award and deposits as to costs
42. Arbitration agreement not to be discharged by death of part thereto
43. Provisions in case of Insolvency
44. Jurisdiction
45. Confidentiality of Information
46. Protection of action of taken in good faith
47. Limitations
Appendices
A. Indian Acts
B. Allied Acts
C. English Acts
D. International Conventions
E. Uncitral Model Acts and Rules
F. Law Commission Reports
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Author Details
M. Sricharan Rangarajan : Senior Advocates, Madras High Court