Master Guide to Arbitration in India

Master Guide to Arbitration in India
Author :
Publisher : Kluwer Law International
Total Pages : 548
Release :
ISBN-10 : 9041131590
ISBN-13 : 9789041131591
Rating : 4/5 (90 Downloads)

Synopsis Master Guide to Arbitration in India by : Rautray

Master Guide to Arbitration in India deals with comprehensive principles governing the Law of, arbitration and its application. The principles, have been explained with the aid of illustrative; case laws and precedents involving interesting points with regard to the law of arbitration. Additionally, it explains the practical applicability of such principles and the developments in the law and procedures to act as a useful guide for legal practitioners, arbitrators and commercial contractual parties seeking to resolve disputes through the arbitration mechanism. The book provides an insight to the exhaustive coverage of principles governing domestic, international and commercial arbitration containing explanation of statutory provisions applicable at different stages of the process of arbitration. The Arbitration and Conciliation Act, 1996 being an enactment based on the United Nations Commission on International Trade Law (UNCITRAL Model Law), the book covers judicial decisions of domestic and foreign courts on arbitration law to highlight the object and scope of the Act. The salient features of this book are: ; Use of simple language to give better comprehension of the complex principles governing the law of arbitration. Commentary on the principles laid down by judicial precedents. Discussion on key issues involving drafting of arbitration agreement /clause with a checklist. Explanation of the procedural rules applicable to arbitral proceedings. Procedure for enforcement of foreign awards in India.

Arbitration in India

Arbitration in India
Author :
Publisher : Kluwer Law International B.V.
Total Pages : 532
Release :
ISBN-10 : 9789041182821
ISBN-13 : 9041182829
Rating : 4/5 (21 Downloads)

Synopsis Arbitration in India by : Dushyant Dave

India has a long-standing tradition of dispute resolution through arbitration, with arbitral-type regulations going back to the eighteenth century. Today, amendments to the 1996 Indian Arbitration Act, a steady evolution of case law and new arbitral institutions position India’s vibrant system once more at the forefront of international commercial dispute resolution. In this handbook, over forty members of the international arbitration community in India and beyond offer authoritative perspectives and insights into topics on arbitration that matter in India. International arbitration practitioners, Indian practitioners, and scholars have combined efforts to produce a practical and informative guide on the subject. Among numerous notable features, the contributors provide detailed analysis and description of such aspects of arbitration as the following, with a focus on the Indian context: Indian application of the 1958 New York Convention; law governing the merits of the dispute and awards; investor-state dispute settlement; drafting arbitration clauses for India-centric agreements; managing costs and time; rise of virtual arbitration and technology; effect of public policy in light of extensive Indian jurisprudence; and arbitration of claims relating to environmental damage. Practical features include checklists for drafting arbitration clauses and a comparative chart of major commercial arbitration rules applicable to India. Also included is a comparative analysis of arbitral regimes in India, Singapore and England; chapters on the India Model Bilateral Investment Treaty and ISDS reforms; a special section on the enforcement of foreign awards; a section on the drafting of the award guided by leading arbitrators and stakeholders and a review of the new 2021 ICC Rules. For foreign counsel and arbitrators with arbitrations in India, this complete and up-to-date analysis provides guidelines for practitioners, corporate counsel, and judges on considerations to be borne in mind with respect to arbitration with an Indian nexus and whilst seeking enforcement and execution of an arbitral award in India. It will prove an effective tool for students and others in understanding and navigating the particularities and peculiarities of India’s system of domestic and international commercial arbitration.

Guide to Arbitration in India

Guide to Arbitration in India
Author :
Publisher :
Total Pages :
Release :
ISBN-10 : OCLC:58985170
ISBN-13 :
Rating : 4/5 (70 Downloads)

Synopsis Guide to Arbitration in India by : S. C. Nirwani

Guide to Arbitration in India

Guide to Arbitration in India
Author :
Publisher :
Total Pages : 68
Release :
ISBN-10 : OCLC:275198427
ISBN-13 :
Rating : 4/5 (27 Downloads)

Synopsis Guide to Arbitration in India by : S. C. Nirwani

The Developing World of Arbitration

The Developing World of Arbitration
Author :
Publisher : Bloomsbury Publishing
Total Pages : 545
Release :
ISBN-10 : 9781509910205
ISBN-13 : 1509910204
Rating : 4/5 (05 Downloads)

Synopsis The Developing World of Arbitration by : Anselmo Reyes

The Developing World of Arbitration studies the recent emergence of Asia Pacific jurisdictions as regional or international arbitration centres, thanks to various reform efforts and initiatives. This book provides an up-to-date and comprehensive analysis of the ways in which arbitration law and practice have recently been reformed in Asia Pacific jurisdictions. Leading contributors across the Asia Pacific region analyse twelve major jurisdictions representing varying patterns and degrees of development, whether driven from top down, bottom up, or by some hybrid impetus. Setting the arbitration systems and reforms of each investigated jurisdiction in the context of its economic, political, and judicial dynamics, this book presents, for the first-time, a cross-jurisdiction comparative and contextual study of the developing world of arbitration in the Asia Pacific and contributes to comparative international arbitration literature from an Eastern perspective. It also aims to identify an Asia Pacific model of arbitration modernisation, one that may be distinct from a Western model, and predicts future trajectories of development and challenge in light of the ever increasing competition between Eastern- and Western-based arbitration centres. This edited collection will be an invaluable addition to the libraries of academics and practitioners in the field of international commercial arbitration.

International Commercial Arbitration

International Commercial Arbitration
Author :
Publisher : Kluwer Law International B.V.
Total Pages : 5388
Release :
ISBN-10 : 9789403526447
ISBN-13 : 9403526440
Rating : 4/5 (47 Downloads)

Synopsis International Commercial Arbitration by : Gary B. Born

International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available. The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration. The first and second editions of International Commercial Arbitration have been routinely relied on by courts and arbitral tribunals around the world ((including the highest courts of the United States, United Kingdom, Singapore, India, Hong Kong, New Zealand, Australia, the Netherlands and Canada) and international arbitral tribunals (including ICC, SIAC, LCIA, AAA, ICSID, SCC and PCA), e.g.: U.S. Supreme Court – GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 590 U.S. - (U.S. S.Ct. 2020); BG Group plc v. Republic of Argentina, 572 U.S. 25 (U.S. S.Ct. 2014); Canadian Supreme Court – Uber v. Heller, 2020 SCC 16 (Canadian S.Ct.); Yugraneft Corp. v. Rexx Mgt Corp., [2010] 1 R.C.S. 649, 661 (Canadian S.Ct.); U.K. Supreme Court – Jivraj v. Hashwani [2011] UKSC 40, ¶78 (U.K. S.Ct.); Dallah Real Estate & Tourism Holding Co. v. Ministry of Religious Affairs, Gov’t of Pakistan [2010] UKSC 46 (U.K. S.Ct.); Swiss Federal Tribunal – Judgment of 25 September 2014, DFT 5A_165/2014 (Swiss Fed. Trib.); Indian Supreme Court – Bharat Aluminium v. Kaiser Aluminium, C.A. No. 7019/2005, ¶¶138-39, 142, 148-49 (Indian S.Ct. 2012); Singapore Court of Appeal – Rakna Arakshaka Lanka Ltd v. Avant Garde Maritime Servs. Ltd, [2019] 2 SLR 131 (Singapore Ct. App.); PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, [2015] SGCA 30 (Singapore Ct. App.); Larsen Oil & Gas Pte Ltd v. Petroprod Ltd, [2011] SGCA 21, ¶19 (Singapore Ct. App.); Australian Federal Court – Hancock Prospecting Pty Ltd v. Rinehart, [2017] FCAFC 170 (Australian Fed. Ct.); Hague Court of Appeal – Judgment of 18 February 2020, Case No. 200.197.079/01 (Hague Gerechtshof); Arbitral Tribunals – Lao Holdings NV v. Lao People's Democratic Republic I, Award in ICSID Case No. ARB(AF)/12/6, 6 August 2019; Gold Reserve Inc. v. Bolivarian Republic of Venezuela, Decision regarding the Claimant’s and the Respondent’s Requests for Corrections, ICSID Case No. ARB(AF)/09/1, 15 December 2014; Total SA v. The Argentine Republic, Decision on Stay of Enforcement of the Award, ICSID Case No. ARB/04/01, 4 December 2014; Millicom Int'l Operations B.V. v. Republic of Senegal, Decision on Jurisdiction of the Arbitral Tribunal, ICSID Case No. ARB/08/20, 16 July 2010; Lemire v. Ukraine, Dissenting Opinion of Jürgen Voss, ICSID Case No. ARB/06/18, 1 March 2011.

Yearbook Commercial Arbitration Volume Xxxv 2010 (Crc) Rev

Yearbook Commercial Arbitration Volume Xxxv 2010 (Crc) Rev
Author :
Publisher : Kluwer Law International B.V.
Total Pages : 706
Release :
ISBN-10 : 9789041132093
ISBN-13 : 9041132090
Rating : 4/5 (93 Downloads)

Synopsis Yearbook Commercial Arbitration Volume Xxxv 2010 (Crc) Rev by : Jan Albert Van den Berg

Annotation Volume XXXV (2010) of the Yearbook marks a profound change in the waymaterials are presented to the reader. As of this Volume, the Yearbook'sselection of arbitral awards and court decisions - made accessible by translations, indices and categorized lists - is available to the reader in a combination of printedition and online publishing which takes into account the needs of anincreasingly mobile work environment.

Leading Arbitrators' Guide to International Arbitration - Third Edition

Leading Arbitrators' Guide to International Arbitration - Third Edition
Author :
Publisher : Juris Publishing, Inc.
Total Pages : 46
Release :
ISBN-10 : 9781937518332
ISBN-13 : 1937518337
Rating : 4/5 (32 Downloads)

Synopsis Leading Arbitrators' Guide to International Arbitration - Third Edition by : Lawrence W. Newman

The Leading Arbitrators' Guide to International Arbitration Third Edition offers thoughtful advice and insights into the world of international arbitration from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Australia, Belgium, Canada, Chile, Denmark, England, France, Germany, Italy, The Netherlands, Italy, Spain, Sweden, Switzerland and the USA. The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. As a result, there may be instances in which the authors disagree with one another on certain points. This is to be expected for there are often many routes that can be taken to achieve a result. The book will be useful not only to persons who may serve as arbitrators in internatinoal arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons -- including, perhaps, the authors.