Full Description
Alternative dispute resolution (ADR), as a mechanism to resolve disputes, has gained wide acceptance in India. This is primarily because the traditional adversarial system of dispensing justice is dilatory, expensive, and, many a time, ineffective. The recent spurt in India's economic development coupled with the renewed confidence of foreign investors to invest in India has also made it imperative that India provides a swifter justice delivery system to resolve commercial disputes. The volume examines some of the important aspects of dispute resolution being practiced in India. More than twenty national and international experts from various fields within the domain of dispute resolution have come together to answer some of the most complex issues and shed light on the usage of the best practices of dispute resolution in India. The work aims to enhance the understanding of the legal issues related to dispute resolution, and provides an updated account of law incorporating the recent Arbitration and Conciliation (Amendment) Act, 2015.
Contents
Foreword
Preface
Guest Editor's Note
List of Abbreviations
Introduction
PART I Domestic Arbitration
1. Alternative Dispute Resolution: Is It an Alternative Mechanism?
Justice Arijit Pasayat
2. Interim Measures under the Indian Arbitration and Conciliation Act, 1996
A.N.S. Nadkarni
3. Impartiality and Independence of the Arbitral Tribunal
Justice R.C. Lahoti and Divyakant Lahoti
4. The Doctrine of Kompetenz-Kompetenz: Indian Perspective
Justice Suresh C. Gupte
5. Grounds for Challenging an Arbitral Award in India
Tushar Mehta
6. Rectification of Jurisdiction to Entertain Arbitration Applications in the Commercial Courts Act 2015: Pending Practical Re-alignment to Restore the Statutory Right to Appeal?
Ajay Bhargava, Jeevan Ballav Panda, and Kudrat Dev
7. Institutional Arbitration In India: The Way Forward
Deepto Royi and Madhukeshwar Desai
8. Emergency Arbitrator in the Indian Context
Tejas Karia
9. Rise of the Expert Witness in Alternative Dispute Resolution
Geetu Singh and Gagan Puri
10. Med-Arb
Justice Rajiv Shakhder
11. Limits of Arbitrability: Some Jurisdictional Issues in the Context of Public Law Remedies
Parag P. Tripathi
12. Arbitration: An In-house Counsel's Perspective
Sanjeev Gemawat
PART II International Arbitration
13. The Concept of Seat in International Arbitration: Developments in India
Justice Vikramjit Sen and Satyajit Gupta
14. Introduction to Investment Arbitration: A Perspective from India
Shreyas Jayasimha and Radha Raghavan
15. Allocation of Costs in International Arbitration
Sonal Kumar Singh and Manish Lamba
16. International Arbitration with an Indian connection
Sheila Ahuja
PART III Mediation
17. Commercial Mediation: An Evolving Frontier of Alternative Dispute Resolution in India
Allison M. Malkin and D. Gracious Timothy
18. Mediation in India: Practical Tips and Techniques
Thomas P. Valenti and Tanima Tandon
Index
About the Editor and Contributors
