Ebook: Arbitration and Conciliation Act, 1996 India with Alternative Disputes Resolution ADR

Arbitration and Conciliation Act, 1996 India with Alternative Disputes Resolution ADR, By Dr. S.C. Tripathi

This volume does not contain the Amendment of the year 2015 to the Arbitration and Conciliation Act, 1996

PREFACE TO THE SIXTH EDITION
The International Community as well as national community with the
view to resolve commercial disputes rather civil disputes had introduced
arbitration law alongwith making provisions of conciliation. Now, it is
regarded as an omnipotent universal tool to seek early and economical
settlement of disputes by means of an agreement between disputing parties.
The current edition of this book contains topics such as London Court
of International Arbitration, Meaning of Arbitration, Guarantor—when not a
party to agreement, meaning of word ‘court’ in case of intentional arbitration
an ouster of jurisdiction can not be implied, company is a party to
arbitration agreement, meaning of party to an agreement, Giving of arbitral
award without a dispute. An arbitration agreement is binding. Plea of
non-existence of arbitration agreement, Granting of interim
injunction—when can be, shifting of seat of international commercial
arbitration, Power of Chief Justice and bar of principle of Res-judicata,
Appointment of arbitrator and power of Indian Council of Arbitration,
Survival of arbitration clause itself is arbitrable. Before appointing an
arbitrator—what issues to be decided? Appointment of Government servant
as an arbitrator by Government, once authority refuses to appoint
arbitrator—He loses said power, Arbitral Tribunal—whether have the status
of a Civil Court, concept of public policy "Fraud" in making of arbitral
award, power of arbitral Tribunal to award interest, Limitation Act, 1963
qua application under Section 34, what amounts to judicial misconduct and
enforceability of international arbitral award, have been discussed vividly
and placed at relevant context.
It is expected that this edition after incorporation of these latest
topics/sub-topics would be useful for the students fraternity at large.
Further, the concept of Lok Adalat, Award of Lok Adalat is a decree and
settlement of matrimonial dispute by Lok Adalat have also been added in
this edition.
—AUTHOR