Law Relating to Arbitration and Conciliation

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Description
While writing the Preface to this Edition of the book on Law of Arbitration, a feeling of sadness has engulfed us due to a massive personal loss we have suffered. Our revered father, Dr P C Markanda, a luminary in the field of ADR, left for his heavenly abode on 18 October 2021. His passing away has left a huge vacuum, which is impossible to fill. However, his unmatchable legacy, achievements, fame and glory shall continue to be a source of inspiration for us. Revision of this Edition of the Book had been commenced by him in his lifetime. However, the revision took a backseat for some time as we were in the process of settling various issues. After we settled the pending issues, we again took up the revision work from the stage where he had left. We are sanguine that the final product would meet his approval and he will continue to bless us for future endeavors also. We pray to the Almighty to rest the noble soul of our father in peace. The eleventh Edition of the book is being published after a period of nearly 2½ years since the last edition. During these years, the law has further evolved. The 2015 and 2019 amendments to the Arbitration and Conciliation Act, 1996 (Act, for short) have been received positively by the legal fraternity. The judgments of various Courts, more or less, have also given effect to the intention behind enacting the amendments. The 2019 amendments have made a sincere endeavour to further the cause of institutional arbitrations but setting up of an Arbitration Council of India has still to see the light of the day.
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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
Dr 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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