Specialized Arbitration (Emerging International Trends and Practices)

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Description
Specialized Arbitration: Emerging International Trends and Practices examines the trends and practices in the field of investment arbitration, maritime arbitration, construction arbitration, sports arbitration and online arbitration. The 21 chapters of the book, authored by leading arbitrators and practitioners, give an in-depth and critical perspective on some of the most pertinent issues in niche practice areas. This book aims to foster and enrich the jurisprudence surrounding specialized practices and areas of expertise under the genus of commercial arbitration by assisting readers in understanding the peculiarities in the substance, practice and procedure of specialized arbitration.
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Table of Contents
Section I: Investment-Treaty Arbitration:
1: Interaction between Non-ICSID Investor-State Arbitrations and the Model Law
2: Innovative Mechanisms to Resolve Investor-State Disputes
3: Anti-Arbitration Injunctions in the Context of Investment Arbitrations: The Indian Experience
4: Emerging Trends in Third-Party Funding in Investment Arbitration
Section II: Maritime Arbitration
5: Indian Maritime Arbitrations and Enforcement of Foreign Maritime Awards in India – A
     Practitioner’s Overview
6: Maritime Arbitration: Practice and Procedure
7: Overview of Maritime Arbitration – Issues and Challenges
8: Ship Arrest as Security for Arbitration – The Debate
Section III: Construction Arbitration
9: Construction Arbitration: Peculiarities in Principles and Practice
10: International Construction Arbitration: Experience, Challenges and Ways Forward
11: International Arbitration of Construction Disputes – The Benefits of Invoking Arbitration both
       Pre- and Post- Contract Execution
12: Introducing Statutory Construction Adjudication to India: Drawing from International Experience
Section IV: Sports Arbitration
13: Arbitration in Sports and Related Issues;
14: Independence in International Sports Arbitration: From Gundel to Pechstein and Beyond
15: Can Athletes Reduce Their Suspensions without Proving Source? – A Look at the Heavy
       Evidentiary Burden Athletes Face under the World Anti-Doping Code
16: Sports Arbitration: An Indian Overview 17: Is National Sports Arbitration the Way Forward?
Section V: Online Arbitration
18: Remote Hearings in International Arbitration
19: The Casting Spell of Artificial Intelligence on International Arbitration
20: Virtual Expedited Proceedings: A Proposal to Leverage Technology for Increasing
       Opportunity and Diversity
21: Covid-19 and Due Process in the Swedish Arbitration Context: Use, Misuse and Abuse; Index
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Author Details
Yashraj Samant is a practicing advocate specializing in dispute resolution, international arbitration and mediation. He is the Co-Chair of the Conferences Team of the Moot Alumni Association (MAA) and the Founding General Secretary of the Centre for Arbitration & Research, MNLU Mumbai. An attendee of the prestigious Cologne Academy on International Commercial Arbitration, Germany, he has been mentoring students and law schools both nationally and internationally for various ADR and mooting competitions. A frequent judge and assessor at various international and national moot, negotiation and mediation competitions, he has himself been an avid mooter during his law school days. Yashraj is an alumnus of the renowned Maharashtra National Law University Mumbai.
Chirag Balyan is the Coordinator, Centre for Arbitration & Research (CAR), and Assistant Professor of Law at Maharashtra National Law University, Mumbai. He teaches courses on Alternative Dispute Resolution (ADR) and International Commercial Arbitration at the University. He is also the Founding Editor-in-Chief of Indian Review of International Arbitration. At University he has been instrumental in setting up ADR Society, Moot Court Society, Centre for Arbitration and Research and Centre for Mediation and Research. He is actively involved in the training of judges, lawyers, police officers, prosecutors, industry professionals and law students on various legal issues including Arbitration, Mediation, Negotiation and Advocacy Skills. He is pursuing his doctorate from the Symbiosis Law School, Symbiosis International University, Pune. Earlier, he has served as law clerk cum research assistant to the Chief Justice of India and other judges of the Supreme Court of India.
forewords by
Jus ice B. R. Gazai
Judge, Supreme Court of India
Albert Jan vari den Berg
Partner, Hanotiau & van den Berg