1. Introduction
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- 1.1 Welcome
- 1.2 Why take this course and prerequisites
- 1.3 Supplements
2. Introducing arbitration law
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- 2.1 What is arbitration?
- 2.2 Limiting the need for judicial intervention
- 2.3 Choosing the correct kind of ADR
- 2.4 Deciding if the dispute can be referred to arbitration
- 2.5 Referring particular disputes to arbitration
3. The arbitration agreement
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- 3.1 Understanding the concept of an arbitration agreement
- 3.2 Negotiating an arbitration agreement
- 3.3 Drafting an arbitration agreement
- 3.4 Paying stamp duty and registration
- 3.5 Enforcing an arbitration agreement
- 3.6 Doctrine of severability
4. Invoking arbitration
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- 4.1 Invoking arbitration with a notice
- 4.2 Determining the arbitration proceedings’ commencement date
- 4.3 Calculating the limitation period
- 4.4 Replying to a notice invoking arbitration
- 4.5 Parties to the arbitration proceedings
5. Filing or dealing with objections to arbitration
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- 5.1 Objecting to a suit filed in the civil court when there is an arbitration agreement
- 5.2 Court’s refusal to enforce the arbitration agreement
- 5.3 Applying for anti-arbitration injunctions
- 5.4 Judicial intervention through writ petitions?
6. Determining the procedure for arbitration proceedings
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- 6.1 Understanding agreeable procedures
- 6.2 Choosing between institutional and ad hoc arbitration procedure
- 6.3 Determining procedure where it’s not decided
- 6.4 Speeding up arbitration proceedings - fast track procedure
- 6.5 Challenging irregular procedure in conducting arbitration
7. Determining the Arbitral Tribunal
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- 7.1 Appointing an arbitrator named in the arbitration agreement
- 7.2 Approaching the court to appoint an arbitrator and limitation period
- 7.3 Extent of court’s power to appoint the arbitral tribunal
- 7.4 Substituting a named arbitrator who is unwilling or unable to accept
- 7.5 Agreeing on the composition of the Arbitral Tribunal after invocation of arbitration
- 7.6 Objecting to agreement while agreeing on composition
- 7.7 Requesting an arbitrator to disclose any grounds which may make it impossible for him to perform his functions
8. An arbitrator’s fee
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- 8.1 Fixing an arbitrator's fees, costs or charges
- 8.2 Dealing with non-payment of fees
9. Removing or substituting an arbitrator
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- 9.1 Removing an arbitrator from his post
- 9.2 Following the procedure for removal
- 9.3 Substituting an arbitrator during the pendency of arbitration proceedings
10. Jurisdiction of Arbitral Tribunal and courts
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- 10.1 Applying to the Arbitral Tribunal to determine its jurisdiction or competence-competence
- 10.2 Deciding the venue, place or seat of arbitration
- 10.3 Deciding which court in which territorial jurisdiction to approach
11. Proceedings
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- 11.1 Attending a preliminary meeting
- 11.2 Draft Procedural Order
- 11.3 Filing pleadings in arbitration proceedings
- 11.4 Producing evidence before the Arbitral Tribunal
- 11.5 Expecting certain conduct from an Arbitral Tribunal
12. Interim reliefs
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- 12.1 Applying for interim reliefs before the court
- 12.2 Framing your prayer for interim reliefs
- 12.3 Deciding whether to apply to the court or the arbitrator
- 12.4 Section 17 had no teeth
13. The arbitral award
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- 13.1 Understanding an arbitral award
- 13.2 Knowing the procedure for a valid award
- 13.3 Applying for an award of interest
- 13.4 Awarding cost in arbitration
- 13.5 Correcting mistakes in an arbitral award
- 13.6 Difficulty in correcting an arbitrator’s award
14. Enforcement and execution of an arbitral award
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- 14.1 Finality and enforceability of an award
- 14.2 Enforcing and executing a domestic award
15. Termination
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- 15.1 Terminating proceedings
16. Appeals and challenges
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- 16.1 Appealing against certain orders
- 16.2 Understanding the grounds of challenge to an award
- 16.3 Challenging an arbitral award
17. Conclusion