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International Arbitration and National Courts: The Never Ending Story

Edited by: Albert Jan van den Berg

ISBN13: 9789041116475
ISBN: 9041116478
Published: September 2001
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: £135.00

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New arbitration legislation throughout the world is based on the highly successful UNCITRAL Model Law on International Commercial Arbitration, and an ever-increasing body of arbitration specialists in the legal community have all contributed to improving the relationship of national courts and arbitration. Yet many issues still remain in this never-ending story.

These issues are explored in this text, which contains the proceedings of the ICCA Conference 2000 held in New Delhi, India, in March 2000. This conference, hosted by the Indian Council of Arbitration, explored four topics covering the full range of the arbitral process: the contract, the arbitral proceedings, interim relief, and enforcement. These issues are addressed both from a global point of view and with a particular focus on the recent Indian Arbitration and Conciliation Act 1996, the text of which is reproduced in the Annex.

Arbitration and Alternative Dispute Resolution
Preface; A.J. van den Berg. Welcoming Addresses; A.C. Muthiah, P. Sanders. Inaugural Address; His Excellency Mr. K.R. Narayanan, President of India. Vote of Thanks; C.R. Amin. Session I: The Contract: Ensuring Its Validity and Effectiveness. The Risks of Ambiguous Arbitration Agreements; B.N. Kirpal. What Causes Courts to Disregard Agreements to Arbitrate, and How Can Such Agreements Be Improved to Avoid That Fate According to New Arab Laws of Arbitration; M.I.M. Aboul-Einen. Multi-Tiered Dispute Resolution Clauses; M. Pryles. Some Developments on Arbitrability and Related Issues; H. Raeschke-Kessler. The Effectiveness of Arbitration Clauses in India; D. Gupta. Session II: The Arbitral Proceedings: The Arbitrator's Responsibilities for the Proper Conduct of Proceedings and the Role of the Courts in Providing Support and Supervision. International Arbitration and National Courts: Who Has The Last Word? L.Y. Fortier. The Arbitrator's Responsibilities for the Proper Conduct of Proceedings; A.L. Marriott. The Arbitrator's Responsibilities and the Role of the Court in the Indian Context; R.K.P. Shankardass. The Arbitral Proceedings: Ensuring Adequate Mechanisms for Organizing the Arbitral Process, Including Appointing and Removing Arbitrators; M. Rohatgi. Session III: Interim Relief: The Role of Arbitrators and the Courts. The Grant of Interim Relief Under the Indian Arbitration Act of 1996; L. Bhasin. Interim Measures Issued by Arbitral Tribunals and the Courts: Less Theory, Please; P.A. Karrer. Interim Reliefs: The Role of the Courts; L. Goswami. Redeeming Sisyphus: The Need to Invigorate Interim Relief in International Commercial Arbitration; Z. Modi, T.T. Arvind. Interim Relief: The Role of Arbitrators and the Courts in India; A.M. Singhvi. Availability of Interim Relief in Respect of International Arbitration; D.A. Dave. Session IV: Enforcement and Setting Aside of Awards. Enforcement of Foreign Arbitral Awards in India; R.S. Lodha. Enforcement and Setting Aside of International Arbitral Awards -- The Perspective of Common Law Countries; M. Hwang, A. Chan. Revisiting Hilmarton and Chromalloy; P. Mayer. Enforcement of Foreign Awards in India: Condition of Reciprocity; P.S. Rao. Annex: The Indian Arbitration and Conciliation Act, 1996. List of Oral Intervenors. List of Participants. List of ICCA Officers and Members.

Series: ICCA Congress Series

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