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Introduction to Arbitration / Mallika Taly

By: Material type: TextTextPublication details: Lucknow Eastern Book Company 2015Edition: 1st EdDescription: XXXII, 312p. : ill. ; 23cmISBN:
  • 9789351452447
Subject(s): DDC classification:
  • 23rd 347.5409 TAL
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Item type Current library Call number Copy number Status Notes Date due Barcode
Reference Book VIT AP School of Law LAW Section 347.5409 TAL (Browse shelf(Opens below)) LA01885 Not for loan LAW 020737

It includes Preface, Contents, Table of Cases, Glossary, and Subject Index pages etc..
Description:
Overview:

Introduction to Arbitration discusses the Arbitration and Conciliation Act, 2006 and its predecessor legislation i.e. Arbitration Act, 1940 in the present day legal context.

The book apart from basic concepts also includes Conduct of Domestic Arbitration, the Role of Judiciary in Arbitration, International Commercial Arbitrations and the Enforcement of Foreign Awards. It also explains other types of ADR Methods such as Negotiation, Conciliation and Lok Adalats.

Table Of Contents:

I. INTRODUCTION

1. Concept of arbitration

2. Statutory history of arbitration in India

3. Right to a speedy trial and arbitration



II. BASIC CONCEPTS

1. Derogable and non-derogable provisions .

2. Restricting the scope of judicial intervention

3. Concept of an arbitrable dispute

4. Types of arbitral proceedings

5. Agreement to arbitrate



III. ARBITRATION PROCEEDINGS

BEFORE THE TRIBUNAL ALONE

1. Commencement of arbitral proceedings

2. Appointment of Arbitrators by the parties

3. Challenge to the appointment of the Arbitral Tribunal .

4. Termination of an Arbitrator’s mandate

5. Doctrine of competence-competence . . 96

6. Interim measures from the Arbitral Tribunal

7. Conduct of proceedings

8. Making of an arbitral award

9. Termination of arbitral proceedings

10. Finality and enforcement of an arbitral award



IV. JUDICIAL INTERVENTION

1. Duty of the court to refer parties to arbitration

2. Interim measures from the court

3. Appointment of arbitrators by the court

4. Challenge to an arbitral award .

5. Appealable orders

6. Territorial jurisdiction of the courts



V. INTERNATIONAL COMMERCIAL ARBITRATION

1. Concept of international commercial arbitration .

2. Concept of applicable law .

3. Recognition of a foreign award

4. Enforcement of a foreign award

5. Applicability of Part I in international commercial arbitration proceedings





VI. OTHER ALTERNATE DISPUTE RESOLUTION METHODS AND THE CODE OF CIVIL PROCEDURE, 1908

1. Salem Bar Association case

2. Insertion of Section 89 in the CPC

3. Justice M. Jagannadha Rao Committee Report

4. Conciliation

5. Lok Adalat

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