Law, Practice and Procedure of Arbitration in India

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Description
The journey for this book really began in the year 1999 when I started working on the first "Law, Practice and Procedure of Arbitration (in Malaysia)", focusing on the Malaysian Arbitration Act, 1952. However, within two years of its publication in 2003, the UNCITRAL Model Law in the form of the Arbitration Act 2005 was adopted in Malaysia. The Malaysian arbitration regime was completely revamped. emans of borionual sew alts I was then repeatedly requested to revise and update my 2003 book to reflect the changes in the arbitration regime. However, I was reluctant to do so. My misgivings stemmed from the apprehension that I would not be able to devote my time and energy to the book project due to my existing work as its Director to build up the then Kuala Lumpur Regional Centre of Arbitration (now known as the Asian International Arbitration Centre (AIAC)), other professional and teaching commitments.
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Contents
Division 1 - Introductory Framework of Arbitration
Chapter 01 : Nature of Arbitration
Chapter 02 : Legislative Development of Arbitration.
Chapter 03 : Defining an Arbitration
Chapter 04 : Relevance of Arbitration in Resolving Disputes
Chapter 05 : Privacy, Confidentiality and Transparency in Arbitration
Chapter 06 : Types of Arbitrations
Division 2 - The Arbitration Agreement and Reference to Arbitration
Chapter 07 : Arbitration Agreements
Chapter 08 : Separability of Arbitration Clause
Chapter 09 : Jurisdiction of the Arbitral Tribunal
Chapter 10 : Who May Refer Matters to Arbitration?
Chapter 11 : Scope of Arbitration Agreement
Chapter 12 : Existence of Disputes or Differences
Division 3 - Effect of the Arbitration Agreement
Chapter 13 : Effect of Arbitration Agreement
Chapter 14 : Stay of Concurrent Proceedings in Court.
Chapter 15 : Conditions for Obtaining a Stay
Chapter 16 : Effect and Terms of a Stay
Division 4 - Role of the Courts
Chapter 17 : Injunctions Restraining Arbitration Proceedings
Chapter 18 : Ousting the Jurisdiction of the Court
Division 5 - Commencement of Arbitration and Constitution of the Arbitral Tribunal
Chapter 19 : Commencement of Arbitration
Chapter 20 : Appointment of an Arbitral Tribunal under the Arbitration Agreement
Chapter 21 : Composition of Arbitral Tribunals
Chapter 22 : Appointment of Arbitral Tribunal under the Arbitration Act
Chapter 23 : Challenge of Authority and Removal of Arbitrator
Chapter 24 : Remuneration of the Arbitrator
Division 6 - Conduct of the Arbitration
Chapter 25 : Conduct of the Arbitration
Chapter 26 : Procedure Prior to the Hearing
Chapter 27 : Procedure at the Hearing
Chapter 28 : Consequences of Default by Parties
Chapter 29 : Evidence in Arbitration
Chapter 30 : Representation in Arbitrations
Division 7 - Powers, Duties and Jurisdiction of the mo Arbitral Tribunal and Court
Chapter 31 : Powers, Duties and Liabilities of the Arbitral Tribunal
Chapter 32 : Powers of the Arbitral Tribunal
Chapter 33 : Jurisdiction of the High Court
Chapter 34 : Powers of a High Court
Division 8 - The Award
Chapter 35 : Types of Award
Chapter 36 : Making of the Award
Chapter 37 : Substantive Requirements of an Award
Chapter 38 : Mistakes or Omissions in the Award
Chapter 39 : Effects of a Valid Award
Chapter 40 : Remedies and Reliefs
Chapter 41 : Award of Interest
Division 9 - Allocation of Costs
Chapter 42 : Costs of the Arbitration
Chapter 43 : Offers of Settlement and Costs Protection.
Chapter 44 : Determination of Costs.
Division 10 - Challenge to Arbitral Awards
Chapter 45 : Challenge to the Arbitral Award
Chapter 46 : Recourse against the Award
Chapter 47 : Effect of Order for Remission or Setting Aside of Award
Division 11 - Recognition and Enforcement of Arbitral Awards
Chapter 48 : Enforcement and Recognition of Arbitral Awards
Chapter 49 : Enforcement and Recognition of Arbitral Awards under the Geneva Convention
Chapter 50 : Conflict of Laws in Arbitration.
Division 12 - Arbitration Under Investment Treaties
Chapter 51: Investment Arbitration
Appendices 1 to 8
Index
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Author Details
Sundra Rajoo