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Law relating to Arbitration and Conciliation

  Arijit Pasayat Sudhanshu Kumar



9 Ed


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Book Description
This edition of the book is being published after a period of 3.5 years. The time period may seem abnormal, but the fact of the matter is that it takes a lot of time and effert to revise the last edition, which for a practicing laweyer, is not an easy task. Moreover, in the meantime, we were also busy with bringing out Emden's Building and Engineering Contracts (published in 2014); and Building and Engineering Contracts (3rd edition Published in 2013) It is a matter of deep satisfaction that as before, the esteemed readers have readers have overwhelmingly received the aforementioned books. We are are grateful to the Publishers who instead of re-printing the eighth edition preferred to bring out the updated ninth edition of the book.
Just when we had commenced the task of revising the eight edition, there was a lot of talk going on about on amendment of the Arbitration and Conciliation Act, 1996, more so after the present Central Government assumed office in May 2014. The 246th Report of the Law Commission was released on 5th August 2014 and it was under the active consideration of the Government. The Central Government proposed to issue an Ordiance in December 2014, but ultimately no such Ordiance was issued. Thearafter, the Law Commission issued a supplementary to the 246th Report on 6th February 2015 incorporating various suggestions received. The Central Government issued an Ordnance on 23rd October 2015 therby amending the 1996 Act. The said Ordinance received the assent of the President of India on 31st December 2015 and thus, the Arbitration and Conciliation (Amending) Act, 2015 was promulgated. Obviously, it is too soon to expect any judgements from the courts on the 2015 Act.

Part A – The Arbitration And Conciliation Act, 1996

    History of Arbitration
    Preliminary [S.1]
Part I - Arbitration
CHAP. I      General Provisions [Ss. 2-6]
CHAP. II     Arbitration Agreement [Ss. 7-9]
CHAP. III    Composition of Arbitral Tribunal [Ss. 10-15]
CHAP. IV    Jurisdiction of Arbitral Tribunals [Ss.16-17]
CHAP. V     Conduct of Arbitral Proceedings [Ss. 18-27]
CHAP. VI    Making of Arbitral Award and Termination of Proceedings [Ss. 28-33]
CHAP. VII   Resource against Arbitral Award [S. 34]
CHAP. VIII  Finality and Enforcement of Arbitral Awards [Ss. 35-36]
CHAP. IX    Appeals [S. 37]
CHAP. X     Miscellaneous [Ss. 38-43]
Part II - Enforcement of certain Foreign Awards
CHAP. I      New York Convention Awards [Ss. 44-52]
CHAP. II     Geneva Convention Awards [Ss. 53-60]
Part III - Conciliation [Ss. 61-81]
Part IV - Supplementary Provisions [Ss. 82-86]

 Schdule I  -  Convention on the Recognition and Enforcement of Foreign Arbitral Awards
 Schdule II - Protocol on Arbitration Clauses
Schdule III - Convention on the Execution of Foreign Arbitral Awards
1.   The Indian Contract Act, 1872
2.   The (English) Arbitration Act, 1996


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