Law of Arbitration and Mediation

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Description
Arbitration and Conciliation Act lays down the ways to provide for domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards. It also defines the law relating to conciliation. Arbitration results in quick redressal of commercial disputes. Quick decision of any commercial dispute is necessary for smooth functioning of business and industry. Internationally, it is accepted that normally commercial disputes should be solved through arbitration and not through normal judicial system which has paved the way for Alternate Dispute Resolution (ADR). There are four methods of ADR, which are negotiation, mediation, conciliation and arbitration. 'Negotiation' is the most popular and simplest method. If it does not work, mediation through a mediator can be the next resort. If it does not work, conciliation and arbitration will be the final steps. Arbitration Act makes provision for conciliation and arbitration as ADR mechanisms. An arbitrator can be said as a private Judge appointed with consent of both the parties. Object of arbitration is settlement of dispute in an expeditious, convenient, inexpensive and private manner so that they do not become the subject of future litigation between the parties.
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Table of Contents
Part I Arbitration
Chapter 1. General Provisions
Chapter 2. Arbitration Agreement
Chapter 3. Composition of Arbitral Tribunal
Chapter 4. Jurisdiction of Arbitral Tribunals
Chapter 5. Conduct of Arbitral Proceedings
Chapter 6. Making of Arbitral Award and Termination of Proceedings
Chapter 7. Recourse Against Arbitral Award
Chapter 8. Finality and Enforcement of Arbitral Awards
Chapter 9. Appeals
Chapter 10. Miscellaneous
Part IA Arbitration Council of India
Part II Enforcement of Certain Foreign Awards
Chapter 1. New York Convention Awards
Chapter 2. Geneva Convention Awards
Chapter 3. Conciliation
Chapter 4. Supplementary Provisions
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Author Details
George Johnson, M.A., LL.M. Advocate, High Court of Kerala, Editor, Kerala High Court Cases and Kerala Law Decision
Dominic Johnson, LL.B. Advocate, High Court of Kerala