Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Interim Measures in International Commercial Arbitration: A Comparative Review of the Indian Experience


ISBN13: 9789403537351
Published: August 2022
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £135.00



Despatched in 10 to 12 days.

Also available as

Interim measures by courts as well as tribunals are often critical to succeed in arbitration proceedings and to effectively safeguard the rights of parties pending the final adjudication of their dispute. Interim Measures in International Commercial Arbitration: A Comparative Review of the Indian Experience comprises a comprehensive review of interim measures in international commercial arbitration granted by courts and tribunals across jurisdictions that have adopted the UNCITRAL Model Law to critically assess the practical fault lines in the Indian arbitration regime.

The book provides an in-depth analysis of the following:

  • all reported judgments of the Indian Supreme Court and the High Courts from 1993 to 2022 on issues concerning interim measures
  • practical application of the UNCITRAL Model Law (and the revisions in 2006) by national arbitration statutes of over 80 jurisdictions with respect to interim measures
  • comparative practice and jurisprudence on interim measures in international commercial arbitration
  • rules of major arbitral institutions on the power and scope of interim measures granted by tribunals
  • detailed analysis of different types of interim measures, including anti-suit, anti-arbitration injunctions, security for costs, and interim measures in aid of foreign-seated arbitrations, the standards to be applied, and the burden of proof to be demonstrated for each type of measure, and
  • issues of enforcement of interim measures in domestic, international, and foreign seated arbitrations

The current position of law in India and the problems plaguing the country’s Arbitration and Conciliation Act 1996 (IAA), as amended in 2015 with respect to interim measures, are brought into direct comparison with other Model Law jurisdictions, offering an analysis of case laws, practical insights and cogent suggestions based on best practices that can be adopted by parties and tribunals. The Appendices provide a detailed list of statutory provisions of countries that have adopted the Model Law along with rules of major arbitral institutions on interim measures.

The author not only describes the current position of law in India and other Model Law jurisdictions on interim measures but also reveals a comprehensive understanding of the requests for interim measures, and their enforcement in domestic, international, and foreign seated arbitrations. This book engages in a comprehensive and clear discussion on the fine line between court assistance and court intervention, especially in the case of interim measures and suggests draft provisions that India and other jurisdictions can adopt in order to align with the 2006 revisions to the Model Law to foster certainty, predictability, and efficiency in case of interim measures in international commercial arbitration.

Subjects:
Other Jurisdictions , India, Arbitration and Alternative Dispute Resolution
Contents:
List of Abbreviations
Foreword
Note
Acknowledgements
Introduction
Part I
CHAPTER 1. The Contours of ‘Interim Measures’
CHAPTER 2. A Brief History of Interim Measures and Arbitration in India
CHAPTER 3. Court-Ordered Interim Measures Before Arbitration Proceedings
CHAPTER 4. Court-Ordered Interim Measures During and after Arbitration Proceedings
CHAPTER 5. Interim Measures in Aid of Foreign Seated Arbitrations
CHAPTER 6. Anti-Suit and Anti-Arbitration Injunctions
Part II
CHAPTER 7. Interim Measures by the Arbitral Tribunal
CHAPTER 8. Security for Costs
CHAPTER 9. Anti-Suit Injunctions by the Arbitral Tribunal
Part III
CHAPTER 10. Enforcement of Interim Measures
Part IV
Conclusion
Appendices
Appendix A (Article 9)
Appendix B (Article 17)
Appendix C (Article 17A)
Appendix D (Article 17B)
Appendix E (Article 17C)
Appendix F (Article 17D)
Appendix G (Article 17E)
Appendix H (Article 17F)
Appendix I (Article 17G)
Appendix J (Article 17H)
Appendix K (Article 17I)
Appendix L (Article 17J)
Appendix M (Institutional Rules)
Suggested Provisions

Bibliography
Table of Cases
Table of Institutional Rules
Table of Statutes