Justice R.S. Bachawat
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Legal text books in India are normally written with the objective of fulfilling the needs of a student of law or a legal practitioner. Consequently they are normally either digests of reported cases or restricted to narrating what diverse courts may have said on a particular subject. Since legal jurisprudence is to a large extent created by courts the importance of such informative books for lawyers and students cannot be nderestimated. But at the same time Law is not a static subject and most essential for comprehensible jurisprudence are books which while being informative, critically analyse the process by which that jurisprudence is developed. Whatever the reason for this- there is a dearth of such books.
As a result at present we have myriad precedents of single instances, making it difficult to discern an intelligible principle on a topic. Again when lawyers in the higher courts preface their arguments with "Your Lordship (or Ladyship) knows" it only underlines the fiction that Judges are deemed to know the law on every subject. Aberrant decisions are sometimes the outcome of this fiction and sometimes because judges are inadequately informed by the Bar. Rarely if ever do judges get a critically reasoned feedback on their judgments while they serve as judges.
Nowhere is the need for critical analysis more needed now than in the field of arbitration after the enactment of the Arbitration and Conciliation Act, 1996. In my opinion decisions in this branch of the law require serious re-thinking particularly with regard to the scope of the courts powers under the Act of interference in the arbitral process or in the award.
The present edition of Justice Bachawat's Law on Arbitration and Conciliation meets the dearth of critical analysis. At the same time the book is informative having been thoroughly researched and brought upto date. The present editors raise serious questions to which judges and lawyers dealing with the subject would do well to pay heed and the criticisms which are thought provoking will I am sure lead to a surer and cohesive evolution of the law on the subject.
Volume 1 [Ss. 1-34]
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
Volume 2 [Ss. 35 to End]
Chapter 8. Finality and Enforcement of Arbitral Awards
Chapter 9. Appeals
Chapter 10. Miscellaneous
Part II – Enforcement of Certain Foreign Awards
Chapter 1. New York Convention Awards
Chapter 2. Geneva Convention Awards
Part III - Conciliation
Part IV – Supplementary Provisions
Part V - Provisions of 1940 Act which do not fins place in 1996 Act Appendices
Part I : Statutory Enactments and Instruments (Indian)
Part II : English Acts, Uncitral, Foreign Institutional Rules, International Conventions, Reports,Model Clauses and ADR
Part III : Rules and Schemes framed under 1996 and 1940 Acts Rules under Section 82 of Arbitration and Conciliation Act, 1996 Schemes for Appointment of Arbitrators Civil Procedure ADR, Mediation and Conciliation Rules
Part IV : Arbitration Rules of the Indian Council of Arbitration and Chambers of Commerce Consolidated Subject Index of Volume 1 & 2
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