Arbitration and Conciliation: A Commentary

This authoritative work by Saurabh Bindal and R.V. Prabhat presents a meticulous section-wise analysis of the Arbitration and Conciliation Act, 1996, enriched with critical insights into the 2015, 2019 and 2021 amendments. Backed by thorough research and acclaimed by leading judges, senior advocates and international experts, the book unravels complex statutory provisions and contradictory judgments with clarity and precision. Bridging Indian arbitral practice with the UNCITRAL Model Law, it is a one-stop reference for academics, practitioners, arbitrators and international readers seeking to understand the unique evolution of arbitration law in India.

Key Features:

• Section-wise Commentary- Detailed, analytical and lucid exposition of the Arbitration & Conciliation Act, 1996.
• Covers Key Amendments- Critical insights into the 2015, 2019 and 2021 amendments.
• Case Law Analysis- Simplifies complex, sometimes contradictory judgments for easy understanding.
• UNCITRAL Model Law Roots- Traces provisions to international standards while capturing India's unique approach.
• Universal Utility- A vital guide for students, practitioners, arbitrators, academics and international arbitration professionals.

Reviews

The authors of this book have undertaken an in-depth, systematic, and methodical examination of the Arbitration and Conciliation Act, 1996. Through identifying the most relevant topics in each chapter, they have succinctly yet thoroughly presented legal issues and case-law, and provide an excellent overall perspective that is neutral and insightful to readers. The thorough research that the authors have put into this work shows their commitment to the dissemination of knowledge. This book is recommended for students and practitioners of arbitration for its comprehensiveness and lucidity.

- Pamidighantam Sri Narasimha
Judge, Supreme Court of India

An excellent section by section commentary on the Act, it is analytical and incisive, erudite without being pedantic, teleological while being anchored in the UNCITRAL model and never losing the wood for the trees. The good, the bad and the ugly of Indian arbitral law and practice is elucidated as it is, without camouflage and varnish and in a telling and pithy manner.

- (Dr) Abhishek Singhvi
Senior Advocate, Supreme Court of India

The authors deserve praise for carefully analysing the statutory provisions and, in particular, the amendments that were made in 2015 and 2019. 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, Supreme Court of India

The book is a useful and comprehensive commentary on the Indian Arbitration Act, which traces sections to their UNCITRAL Model Law roots. This well-researched and clearly-presented book should serve as a one-stop shop for academics, practitioners and students interested in arbitration in India. It will also be particularly helpful for those interested in India's adaptation and modifications of the Model Law.

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

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 (Panel arbitrator with the SIAC, HKIAC, ICDR, KCAB, JCAA, CAAI, AIAC and THAC) and Barrister

Mr Saurabh Bindal and Mr R.V. Prabhat have thrived to synthesise the Indian arbitration jurisprudence since the enactment of 1996 Act and have painstakingly done a detailed section-wise analysis of the statute and have captured the present position in law of arbitration. With the new amendments of 2019 and 2021, and plethora of judgments of Supreme Court in recent years settling long standing conflicting issues and legal conundrums, a commentary such as the present one was the need of the hour.

- Vivek K. Tankha
Member of Parliament, Rajya Sabha, Senior Advocate

Well-researched and trusted academic commentaries are an equally important component of the arbitration ecosystem. With that in mind, this work by Advocates, Mr Saurabh Bindal and Mr R.V. Prabhat is an important and timely addition to the body of commentary on Indian arbitration. 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.

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

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 - ARBITRATION COUNCIL OF INDIA
Part II - ENFORCEMENT OF CERTAIN FOREIGN AWARDS
1. New York Convention Awards
2. Geneva Convention Awards
Part III - CONCILIATION
Part IV - SUPPLEMENTARY PROVISIONS

Schedules
Subject Index