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.
Edited by:
Shashank Garg (Partner Partner Advani and Company New Delhi)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions:
Height: 223mm,
Width: 148mm,
Spine: 36mm
Weight: 650g
ISBN: 9780199483617
ISBN 10: 0199483612
Pages: 480
Publication Date: 09 February 2018
Audience:
Professional and scholarly
,
College/higher education
,
Undergraduate
,
Further / Higher Education
Format: Hardback
Publisher's Status: Active
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
Shashank Garg is a partner in Advani and Company, New Delhi. He has contributed significantly to publications on alternative dispute resolution.
