Arbitration and Conciliation: A Commentary

The present book is a section-wise analysis of the 1996 Act and the amendments made thereto. The Arbitration and Conciliation Act, of 1996, is divided into five parts: Part I is headed Arbitration; Part I-A, Arbitration Council of India; Part II has headed Enforcement of Certain Foreign Awards; Part III is Conciliation and Part IV is Supplementary Provisions. The fundamental aim of this book is to provide its readers with a snapshot of how, when and where arbitrations are conducted in India. This book provides its readers with useful nuggets to provoke their thoughts on each section of the Arbitration and Conciliation Act, of 1996. Supported by case law, the book provides an overall insight into the world of arbitration in India. This book will be of assistance to lawyers, Judges, professionals, teachers and researchers in building an understanding of the law related to arbitration in India.

Review

"All in all, the book will underline and emphasize the basic fact that it is the change of mindset of all stakeholders judges, lawyers, litigants, assistants et alalone will bring back the virtuous ABCD cycle of the arbitration bypass to litigation, where A stands for Access, B for (elimination of) Backlog, C for (minimisation of) Cost and D for (elimination of) Delay. Without an ecosystem and a conscious culture of minimal review and interference in awards, the appointment of competent and upright arbitrators, stable and longer rosters of experienced arbitration judges and a (sadly lacking) uniformity of approach to most sections of the Act by diverse courts in a federal judicial set up, India's hopes of becoming an attractive, much less a highly desirable destination for international arbitration, cannot fructify merely by building infrastructure or giving sermons."

- Dr Abhishek Singhvi, MP (Rajya Sabha), Senior Advocate

"The book also contains a critical analysis of important judgments that sometimes appear contradictory and difficult to reconcile. The concise manner in which controversial issues have been explained in the section-wise commentary will be of great assistance to busy practitioners and arbitrators."

- Arvind P. Datar, Senior Advocate

"Saurabh Bindal and R.V. Prabhat's thoughtful commentary on arbitration in India is particularly timely. This well-researched and clearly-presented book should serve as a one-stop shop for academics, practitioners and students interested in arbitration. This book is certainly a welcome addition to my library, as I am sure it will be for many others."

- Gary B. Born, Chair, International Arbitration Practice Group, Wilmer Cutler Pickering Hale and Dorr LLP

"Well-researched and trusted academic commentaries are an equally important component of the arbitration ecosystem. Through a methodical and comprehensive analysis of the provisions of the Indian Arbitration Act and concise summaries of the relevant case law, this book lends admirable clarity to the topic. The authors can be proud of this accomplishment, which stands to be a valuable resource for practitioners, students and proponents of arbitration in India for years to come."

- Nish Shetty, Clifford Chance, Head, Litigation & Dispute Resolution (Asia-Pacific)

"I commend the authors for their verve in taking on the task of tracing and elucidating the Indian experience with the Model Law. This book will serve international arbitration practitioners outside of India just as well as it does Indian readers. It will explain concepts to international readers, which though apparently familiar from Model Law roots, have taken on distinctly Indian flavours and nuances. International readers who want to understand how the Model Law is applied in India will do well to turn to this book."

- Steven Y.H. Lim, Arbitrator and Barrister

"The commentary is written in an easy to read manner and shall be useful for practitioners as well as students of law as a primer and compendium."

- Vivek K. Tankha, MP (Rajya Sabha), Senior Advocate

Extract from the Foreword

"The authors use simple language and lucidly explain principles laid down in judgments. This is a work that has come at an appropriate time, with an increasing number of people choosing to settle their disputes outside of court. I am certain that it will be useful for all practitioners of arbitration law, whether before arbitrators or the courts."

- Justice R.F. Nariman, Judge, Supreme Court of India

Table of Cases
Introduction
The Arbitration and Conciliation Act, 1996

Part I - ARBITRATION
1. General Provisions
2. Arbitration Agreement
3. Composition of Arbitral Tribunal
4. Jurisdiction of Arbitral Tribunals
5. Conduct of Arbitral Proceedings
6. Making of Arbitral Award and Termination of Proceedings
7. Recourse Against Arbitral Award
8. Finality and Enforcement of Arbitral Awards
9. Appeals
10. Miscellaneous

Part I-A
1. ARBITRATION COUNCIL OF INDIA

Part II - ENFORCEMENT OF CERTAIN FOREIGN AWARDS
1. New York Convention Awards
2. Geneva Convention Awards

Part III
1. CONCILIATION

Part IV
1. SUPPLEMENTARY PROVISIONS
2. Schedules

Subject Index