Commentary on the Law of Arbitration (In 2 Volumes)

O.P Malhotra on the Law and Practice of Arbitration and Conciliation is a thorough treatise on the Indian Arbitration and Conciliation Act 1996, published by Indu Malhotra. The book has been cited as authority in several Indian Supreme Court decisions.

This book is written in simple language, explaining the provision of the law in a step-by-step manner with the help of suitable illustrations. It presents a critical examination of the Supreme Court's recent decisions up to January 2014. Additional chapters on new and current themes, such as International Treaty Arbitration and Anti-Arbitration Injunctions, have been included to the new version. These issues are particularly timely in light of a recent flurry of lawsuits filed against the Indian government.

The Law And Practice Of Arbitration And Conciliation explains the notion of a bilateral investment treaty and conducts a comprehensive examination of the White Industries case. It is the first book on the subject of Investment Treaty Arbitration written by an Indian author. The notion of an Anti-Arbitration Injunction and its application in local and international arbitrations are also discussed in the book.

New to this Edition:

Since the release of the last edition of this book published in 2014, there had been tremendous growth in this area of jurisprudence, both through legislative amendments and judicial decisions. There had been substantive amendments which have substantially revamped working of the Act. This edition of the book deals with recent developments in the law and practice of Arbitration. This book covers the legislative amendments brought in by the 2015 and the 2019 Amendments Acts. This book discusses all the important as well as the latest judicial pronouncements which have had an impact on the working of the law and helped in its further development. Hence, this is a useful compendium to practicing lawyers and the courts.

Key Features:

• Covers the legislative amendments which have been effected to the principal Act by the 2015 and the 2019 Amendments Acts, as also the judicial interpretation of the provisions of the Act.
• Updated with the case laws up to 31.12.2019.
• Includes chapters on contemporary issues like Res Judicata in arbitration, the grant or refusal of Anti-Arbitration injunctions, Third-Party Funding and Investment Treaty Arbitration.
• A separate chapter on the Reliefs and Remedies which can be granted in arbitration.

Volume I
Chapter 1.    Commencement of the 1996 Act
Chapter 2.    Part I Definitions
Chapter 3.    Receipt of Written Communication
Chapter 4.    Waiver of Right to object
Chapter 5.    Minimal Judicial Intervention
Chapter 6.    Administrative Assistance
Chapter 7.    Arbitration Agreement
Chapter 8.    Reference to Arbitration
Chapter 9.    Interim Measures by Court
Chapter 10.  Composition of Arbitral Tribunals
Chapter 11 to Chapter 33
Volume II
Chapter 34.    Regime for Costs
Chapter 35.    Termination of Proceedings
Chapter 36.    Correction and Interpretation of Award: Additional Award
Chapter 37.    Recourse against Arbitral Award
Chapter 38.    Finality of Arbitral Award
Chapter 39.    Enforcement of Domestic Awards
Chapter 40.    Appealable Orders
Chapter 41.    Miscellaneous
Chapter 42.    Lien on Arbitral Award and Deposits as to Costs
Chapter 43.    Arbitration Agreement not to be Discharged by Death of a Party Thereto
Chapter 44 to Chapter 98
Appendices
Appendix 1 to Appendix 19
Subject Index