Law Relating to Arbitration and Conciliation

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Description
The tenth edition of the book is being published after a period of nearly 3 1/2 years since the last edition. During these years, there has been  sea-change in the law. The effects of the 2015 amendments have been largely positive. The judgements of various courts have been quit positive. The 2019 amendments seek to further the cause of institutional arbitrations, though its other started objective of setting up an Arbitration Council of India has not made any substantial headway during the last 9 months. While the 246th Report of the Law Commission formed the basis of the Amendment Act of 2015, the Report of the High Level Committee to Review the Institutionalization of Arbitration Mechanism in India headed by B.N. Srikrishna, J formed the basis for the Amendment Act of 2019. The most notable change witnessed during the last 3 years has been the series of judgments delivered under section 11 to ensure appointment of independent arbitrators. The 2015 Amendment introduced section 12(5) and the Seventh Schedule to curb bias in appointment of arbitrators, which rendered certain categories of people ineligible to act as arbitrators.In 2017, a three judge bench of the Supreme Court interpreted these provisions and held in the case of TRF Ltd v Energo engineering Projects Ltd, (2017) 8 SCC 377, that an eligible arbitrator under section 12(5) read with the Seventh Schedule to the Act, was also barred from nominating an arbitrator. The Supreme Court held that it was inconceivable in law tat once a person who had become statutorily disqualified from acting as an arbitrator, they should be permitted to appoint an arbitrator. As the court observed, "Once the infrastructure collapses, the superstructure is bound to collapse as well".
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Contents
The Arbitration and Conciliation Act, 1996
History of Arbitration
Preamble
Preliminary [Section 1]
Part I - Arbitration
Chapter I      General Provisions [Ss. 2-6]
Chapter II     Arbitration Agreement [Ss. 7-9]
Chapter III    Composition of Arbitral Tribunal [Ss. 10-15]
Chapter IV     Jurisdiction of Arbitral Tribunals [Ss.16-17]
Chapter V     Conduct of Arbitral Proceedings [Ss. 18-27]
Chapter VI    Making of Arbitral Award and Termination of Proceedings [Ss. 28-33]
Chapter VII   Resource against Arbitral Award [S. 34]
Chapter VIII  Finality and Enforcement of Arbitral Awards [Ss. 35-36]
Chapter IX    Appeals [S. 37]
Chapter  X    Miscellaneous [Ss. 38-43]
Part II - Enforcement of Certain Foreign Awards
Chapter I     New York Convention Awards [Ss. 44-52]
Chapter II    Geneva Convention Awards [Ss. 53-60]
Part III - Conciliation [Ss. 61-81]
Part IV - Supplementary Provisions [Ss. 82-87]
Schedule 1 - Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Schedule 2 - Protocol on Arbitration Clauses
Schedule 3 - Convention on the Execution of Foreign Arbitral Awards
Schedule IV to VIII  
Appendices
Appendix 1.   The Indian Contract Act, 1872
Appendix 2.   The Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020
Subject Index
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Author's Details
P.C. Markanda, F.I.E., LL.D., Senior Advocate Member, Governing body, Indian Council of Arbitration, Senior Vice President (North), Idian Institute of Technical Arbitrators
Naresh Markanda, B.E., LL.B, Senior Advocate
Rajesh Markanda, B.A. (Hons.), L.L.B., Advocate
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