Arbitration in India - Couverture rigide

Couverture rigide

ISBN 10 : 9041182551 ISBN 13 : 9789041182555

Editeur : Kluwer Law International, 2021

Synopsis

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.

A propos du livre

À propos de l'auteur

Dushyant Dave is Senior Advocate, practising in the Supreme Court of India. He has been at the bar for three decades during which he has appeared in several thousand matters in various High Courts and the Supreme Court. His field of practice is wide and involves varied subjects like constitutional law, administrative law, civil laws, corporate laws and arbitration law. He has appeared in many celebrated cases resulting in widely known decisions of the Supreme Court and has been appointed amicus curiae in matters involving substantial public interest. Martin Hunter is a former Barrister, Professor Emeritus of International Dispute Resolution at Nottingham Trent University, England and Visiting Professor of Law at King’s College London, England and University of Miami School of Law, USA. He has served as counsel or arbitrator in cases held under the rules of most of the principal arbitral institutions and arbitration centres. He was deputy-chairman of the UK Government’s committee on the arbitration law reform and has participated in the work of the AAA, the IBA, the ICC’s Court, the LCIA’s Court and UNCITRAL. He is known for the major textbook of international arbitration, Redfern & Hunter on International Arbitration. Fali Nariman is Senior Advocate of the Supreme Court of India. He is also designated as Honorary President of ICCA and President Emeritus of India’s Bar Association. He is Honorary Member of the International Commission of Jurists; formerly President of the Law Association for Asia and the Pacific; Member of the Court of the LCIA; Vice Chairman International Court of Arbitration of the ICC; and Co-Chair of the Human Rights Institute of the IBA. He was awarded the Padma Vibhushan (the second highest civilian award of the Republic of India) in recognition of distinguished service in the field of jurisprudence and the Global Medal Laurel at the International Conference of World Association of Press Councils. He is also the Chairman of the UNCITRAL National Coordination Committee for India (UNCCI). Marike Paulsson is Senior Advisor at Albright Stonebridge Group and Vice President for the Global Institute for Peace Studies. She is a member of ICCA’s Judiciary Committee, a member of the Court of the Mauritius Arbitration and Mediation Centre and a jury member for the Princess Sabeeqa Bint Ebrahim Al Khalifa Global Award for Women’s Empowerment, awarded by United Nations Women. She is Visiting Professor at University of Miami School of Law, USA and the University of São Paolo, Brazil and the author of The 1958 New York Convention in Action and editor and co-author of ICCA’s Guide to the Interpretation of the 1958 New York Convention.

Détails de l'édition

• Éditeur: Kluwer Law International
• Date d'édition: 2021
• Langue: anglais
• ISBN 10: 9041182551
• ISBN 13: 9789041182555
• Reliure: Relié
• Nombre de pages: 624
• Éditeur: Dave Dushyant, Hunter Martin, Nariman Fali, Paulsson Marike
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible