Description
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Table of Contents
About the Author
Arbitration: Procedure and Practice explains the procedure and processes involved in Arbitration and gives a detailed and step-by-step information and examples of Arbitration proceedings such as arbitration agreement, appointment of the arbitrator, filing of claim statement by the claimant and written statement by the respondent, points at issue, oral and written arguments, awards, and challenge against awards, appeals, or enforcement of awards. This book explains the arbitration process in simple and plain language for the benefit of every participant in the arbitration proceedings. The object of this book is to educate the participants on how to get a just and fair binding final award as the outcome of the proceedings because many awards are set aside due to minor avoidable mistakes by the participants.
The book is a ready reckoner for many who want to be acquainted with the process of arbitration. Entire technology and know-how behind the process of arbitration has been enumerated with answers to the various questions mentioned in the book with a reference to the common errors, pitfalls, and tips mentioned at the end of every chapter. The book provides guidance to the students as well as legal professionals in understanding the procedure and practice of arbitration which will help them to comprehend the complicated arbitration procedure by following a comprehensive approach, with a comparative analysis of international law of the countries like Sri Lanka, Nepal, USA, UK.
CHAPTER 1 Overview of Indian Arbitration
CHAPTER 2 Arbitration, Arbitrability and Privacy
CHAPTER 3 Arbitration Agreement
CHAPTER 4 Appointment of Arbitrator
CHAPTER 5 Challenging the Arbitrator
CHAPTER 6 Statement of Claim
CHAPTER 7 Statement of Defence and Counter-claim
CHAPTER 8 Amendment, Default, Rejoinder and Issues
CHAPTER 9 Arbitration Proceedings and Communications
CHAPTER 10 Jurisdiction of Arbitrators
CHAPTER 11 Evidence Before Arbitrator
CHAPTER 12 Oral Hearings and Arguments
CHAPTER 13 Form, Contents and Writing of Awards
CHAPTER 14 Principles of Judging
CHAPTER 15 Setting Aside of Award
CHAPTER 16 Role of Courts and Judges
CHAPTER 17 Interest, Fee and Costs
CHAPTER 18 Limitation
CHAPTER 19 Enforcement and Execution of Award
CHAPTER 20 Powers and Rights of Arbitrators and Parties
CHAPTER 21 Code of Ethics and Duties of Arbitrators
CHAPTER 22 Conciliation
CHAPTER 23 Arbitration in Construction and Supply Contracts
CHAPTER 24 International Commercial Arbitration in India
CHAPTER 25 Arbitration Procedure, Law and Facilities
in Sri Lanka
CHAPTER 26 Arbitration Procedure, Law and Facilities in Pakistan
CHAPTER 27 Arbitration Procedure, Law and Facilities in Nepal
CHAPTER 28 Arbitration Procedure, Law and Facilities
in Bangladesh
CHAPTER 29 Arbitration Procedure, Law and Facilities
in Singapore
CHAPTER 30 Arbitration Procedure Laws and Facilities
in Thailand
CHAPTER 31 Arbitration Laws, Services and Facilities in
United Kingdom
CHAPTER 32 Arbitration Laws, Services and Facilities in United
States of America
CHAPTER 33 Arbitration Laws, Services and Facilities in People’s
Republic of China Dr Li Hu and Prof Hong Xue
Appendices
APPENDIX 1 Indian Arbitration and Conciliation Act, 1996
APPENDIX 2 The Interest Act, 1978
APPENDIX 3 Extracts From the Limitation Act, 1963
APPENDIX 4 Extracts from the Indian Stamp Act, 1899
APPENDIX 5 Extracts from the Registration Act, 1908
APPENDIX 6 Extracts from the Indian Contract Act, 1872
Ashwinie Kumar Bansal is an LL B, ACS, practicing Advocate in Supreme Court; Punjab & Haryana High Court, Chandigarh; and has written nine books on arbitration and others laws. He is widely known as one of the architects of the Arbitration and Conciliation Act, 1996 as he was invited as a distinguished Arbitration Expert by the Ministry of Law and Justice, Government of India in the Committee for drafting the Arbitration Bill and making significant contributions to it. Ashwinie Bansal is also credited with the stature of being the first Indian who was empanelled as a Panelist by World Intellectual Property Organization (WIPO), Geneva in the year 1997. Subsequently he was also invited by the American Forum of Arbitrators as well as the Regional Centre for Arbitration Kuala Lumpur (RCAKL) to be a Panelist for them. He also has distinction of becoming the Founder Member of two reputed Indian institutions namely—the International Centre for Alternative Dispute Resolution and the International Council of Consultants; and has also been invited as an expert on Arbitration by Japanese Special Law Committee formed by the Ministry of
International Trade and Industry of Japan to improve Japanese International Commercial Arbitration System. He was enrolled as an advocate at Chandigarh in 1987 and has acquired immense experience in Civil, Corporate and Commercial Laws including Arbitration— International Commercial Arbitration; Contracts; Intellectual Property Rights— Trade Marks, Patents, Designs and Copyrights; Construction, Procurement & Supply Contracts, etc.
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