The present book is an amalgamation of the law of arbitration, followed in India from 1940 till date Arbitration denotes a mechanism of dispute resolution, which is speedy and efficacious. The benefits that this mechanism of dispute resolution provides over the traditional model of litigation have not been unheard of. It is seen as a ray of hope for providing “justice” in a time-bound manner.
The present revision to Dr. Avtar Singh’s Law of Arbitration and Conciliation by Saurabh Bindal takes into notice the law related to arbitration in India as it stands today. The amendments of 2015, 2019, and 2021 have been covered at length in this book. The intent of the 2015 Amendment to the Act was limited to providing speedy justice to the people. Amongst the provisions inserted in the Act, seminal provisions were those related to fixation of timeline for conclusion of arbitration proceedings, provision of interim relief for arbitrations leading to a foreign award, omission of the automatic stay in case of domestic awards, etc.
As the Act was about to complete 25 years, with an aim to make India a commercial arbitration hub and reduce the intervention of courts, the government introduced amendments to the Act in the year 2019. The 2019 Amendment to the Act brings a lot of reliance on the arbitral institutions. It also focuses on the establishment of the Arbitration Council of India, which has been vested with powers and duties under the Act. Thereafter, came the 2021 Amendment to the Act, which focused on the deletion of Schedule 8 [inserted by the 2019 Amendment Act] and provisioning of grounds for seeking stay under Section 36 of the Act.
Since the publication of the last edition, the courts in India have interpreted the law relating to arbitration in a far-reaching manner. All these developments have been succinctly incorporated into the book.
This book will be useful for students of law who want to develop a skill set in arbitration in India. Practitioners, judges, and even general readers will benefit from reading this thoroughly updated book on arbitration in India.
“The law under the Act has expanded, and the treatise has grown to match this expansion. The treatise is presented in the form of a detailed annotation of the statute, and the annotation provides clear textual explanations of all aspects of the statute and citations to the full range of relevant cases decided under it.” –Law Books in Review, U.S.A.
“A subject-wise book on this subject was an often-felt need of the lawyers and judges, while engaged in arbitration work. This book meets that need in a good measure and the author deserves compliments for having brought out this useful work.” –All India Reporter
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 II - ENFORCEMENT OF CERTAIN FOREIGN AWARDS 1. New York Convention Awards 2. Geneva Convention Awards
Part III - CONCILIATION 1. Conciliation
Part IV - SUPPLEMENTARY PROVISIONS 1. Supplementary Provisions • First Schedule • Second Schedule • Third Schedule • Fourth Schedule • Fifth Schedule • Sixth Schedule • Seventh Schedule
Part V - ALTERNATIVE DISPUTES REDRESSAL 1. Alternative Disputes Redressal