- Author(s): Shashank Garg
- Publisher: LexisNexis
- Edition: Ed 2022
- ISBN 13 9789391211578
- Approx. Pages 462 + Contents
- Format Hardbound
- Approx. Product Size 24 x 16 cms
- Delivery Time Normally 7-9 working days
- Shipping Charge Extra (see Shopping Cart)
An arbitrator is a person chosen to decide a dispute or settle differences, especially one formally empowered to examine the facts and decide the issue. By definition itself, an Arbitrator does not require any special qualifications and skills but is bestowed with great power of adjudication that often leads to the final determination of issues by way of an award. The whole process is called arbitration, and historically it has been one of the most credible dispute resolution mechanisms for resolving commercial disputes. In the words of Lord Mustill, commercial arbitration must have existed since the dawn of commerce which in turn indicates that evolution of Arbitration is a natural process that has occurred parallelly to the development of international trade and commerce. Historically arbitrators have been tradesmen, chieftains and other persons who enjoyed an impeccable reputation and the trust of parties in dispute. Even in the absence of codified law of arbitration, the character and knowledge of the arbitrator remained a critical virtue for parties to repose faith in them. Historical references reveal that even Philip the Second, father of Alexander the Great, used arbitration as a means to settle territorial disputes arising from a peace treaty he had negotiated with the southern states of Greece as back as 337 BC. In later times, arbitration owed its beginnings to commercial disputes as it started with trade disputes being resolved amongst and by peers as early as the Babylonian days. In modern times, the concept of arbitration and the role of an arbitrator has grown exponentially but still finds its deep-rooted connection with the era when commerce and arbitration had just begun. While there are no mandatory qualifications attached to an arbitrator, we have seen that the free market often uses unwritten and need-based criteria/ qualifications for Arbitrators. In the codified legal system, most developed jurisdictions have a for interference by national courts in dealing with arbitral awards, thereby very narrow scope ensuring sufficient power and freedom to the arbitrators to follow due process. But as it is said, with great power comes great responsibility, the role and power of an arbitrator is therefore directly proportional to its duty towards the ethos of arbitration which includes serving commercial justice expeditiously in a fair and efficient manner.
Chapter 1 Laws Applicable to Arbitration
Mr. Divyakant Laboti and Mr. Shashank Garg
Chapter 2 Emergency Arbitrators Role and Powers
Mr. Abhinav Bhushan and Mr. Omar Ahmad
Chapter 3 Appointment of Arbitrator
Justice Sanjiv Khanna
Chapter 4 Arbitrator's Fee and Duty to Disclose
Dr. Amit George and Mr. Shashank Garg
Chapter 5 Impartiality and Independence of the Arbitral Tribunal
Justice Vibhu Bakbru
Chapter 6 Vicissitudes of Exclusionary Clauses in a Contract.
Justice Arjan K. Sikri
Chapter 7 Doctrine of Kompetenz-Kompetenz - Determining the Jurisdictional Challenge
Mr. Gourab Banerji
Chapter 8 Conduct of Arbitral Proceedings
Justice Pradeep Nandrajog
Chapter 9 Addressing Evidence in International Arbitration: A Snapshot of General Principles and Best Practices
Ms. Rekha Rangachari and Dr. Kabir Duggal
Chapter 10 Making of an Expert Report
Mr. Sumit Khosla and Mr. Dinesh Dhillon
Chapter 11 How to Decipher Expert Reports.
Mr. Montek Mayal and Mr. Kenneth D. Beale
Chapter 12 Redefining the Role and Value of Expert Evidence
Professor Doug Jones AO
Chapter 13 Redefining the Role and Value of Expert Evidence- A Commentary
Mr. Wayne Martin AC QC
Chapter 14 Anti-Arbitration Injunctions: An International Perspective.
Justice Sanjay Kishan Kaul and Ms. Aakanksha Kaul
Chapter 15 Types of Awards: Interim, Partial and Final
Mr. Mohan Pillay and Mr. Wee Jian Ang
Chapter 16 The Contents of the Award - Dos and Don'ts.....
Mr. David Joseph QC
Chapter 17 Drafting an Arbitral Award (Commercial Arbitration)..
Ms. Sapna Jhangiani QC
Chapter 18 Drafting an Arbitral Award (Investment Arbitration)
Ms. Danielle Morris and Mr. Tunç Savaş
Chapter 19 Arbitration in the Energy and Mining Industry.
Professor Steve Ngo and Mr. Steven Walker QC
Chapter 20 Setting Aside of Arbitral Awards: Things to Note.
Justice B.R. Gavai
Chapter 21 Allocation of Cost and Award of Interest by the Arbitral Tribunal ......
Dr. Amit George and Mr. Rishabh Dheer
Chapter 22 Reform of Investor-State Dispute Settlement..
Dr. Chintan Chandrachud and Ms. Honor Brocklebank-Fowler
Chapter 23 Procedural Innovations for Efficiency in International Arbitration.
Mr. Kevin Kim and Mr. Ashutosh Ray
Shashank Garg is a seasoned dispute resolution practitioner skilled in international commercial arbitration, sports arbitration, construction arbitration, mediation, and litigation having represented clients in ad-hoc and institutional arbitrations under leading institutional rules. He is a standing counsel/special counsel for DDA, Allahabad University, High Court of Gujarat etc. He is an Advocate with over 14 years of practice before the Supreme Court of India, the High Court of Delhi and other judicial and quasi-judicial forums.
He is the Joint Secretary of the Society for Construction Law, India and is the Co-Chair of their Young Leaders Group. He is a member of the ICC Commission on Arbitration and ADR, executive member of ICC India, board member of BAIAC and Member of the Arbitration Committee, Delhi International Arbitration Centre (New Delhi). From 2017-19, he was ICC YAF's 'Regional Chapter Coordinator (India)'. He was also a member of the first Advisory Committee constituted by the Nani Palkhivala Arbitration Centre (NPAC) for its Delhi Centre.
Mr. Garg is the Editor of the book 'Alternative Dispute Resolution: The Indian Perspective' published by Oxford University Press. Recently, he has co-authored a chapter with (Late) Prof. Martin Hunter in the 'Handbook on International Arbitration' published by Wolters Kluwer, a chapter in 'Commercial Arbitration: International Trends and Practices' published by Thomson Reuters and a chapter with Tejas Karia in 'Conciliation and Mediation in India' published by Wolters Kluwer. He is a member of the Editorial Board of the DIAC Journal and the Indian Review of International Arbitration (IRIArb).