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P C MARKANDA
LAW RELATING TO ARBITRATION & CONCILIATION
6th Edition 2006 (Thoroughly Revised & Enlarged)
Containing Exhaustive Commentary on Arbitration & Conciliation Act, 1996 and Arbitration Act, 1940, enumerating case law of all the High Courts and the Supreme Court,
Deluxe Hard Bound
T
horoughly revised, revitalised, enlarged and brought most upto date with re-written portions, separate table of cases and subject index, carrying 2000 pages approx. The new edition contains an exhaustive commentary on the Arbitration and Conciliation Act, 1996 and the Arbitration Act, 1940 with a detailed comparative study on the changes made in each of the Acts, enumerating case-law of all the High Courts and the Supreme Court, Comparative Table of sections of Arbitration & Conciliation Act, 1996 and Arbitration Act, 1940 and vice-versa. Also containing text of the (English) Arbitration Act, 1950, Arbitration Act, 1975, Arbitration Act, 1969, Foreign Awards (Recognition and Enforcement) Act, 1961, UNCITRAL Model Law, Rules of various High Courts as framed under the new Act of 1996.
Since the publication of the last edition of this book, a number of cases have been reported from the Supreme Court and High Courts, especially under the new Act. Case law reported upto July 2006 has been incorporated in this edition. The Arbitration and Conciliation Act, 1996 is based on the United Nations Commission on International Trade Law (UNCITRAL) Model and is broadly compatible with the "Rules of Arbitration of the International Chamber of Commerce". The New Law replaces three existing statutes, namely, the Indian Arbitration Act, 1940, based on the English Arbitration Act, 1934; the Arbitration (Protocol and Convention) Act, 1937, based on the General Protocol, 1923; and the Foreign Awards (Enforcement) Act, 1961, based on the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards, 1958, and the Geneva Convention on the Execution of Foreign Arbitral Awards, 1937. The Act, therefore, attempts to be a self-contained code, containing within it the laws relating to domestic and foreign arbitrations as well as those relating to the enforcement of foreign arbitral awards.

The New Law seeks to achieve the very goals for which Arbitration itself was conceived, i.e., to achieve speedy, inexpensive, and effective solutions to disputes. However, overtime, arbitration proceedings have become susceptible to the same ailments which afflict normal legal processes. This has largely been due to the tendency of one or the other party to take recourse to every conceivable judicial measure to frustrate the arbitration proceedings. The Act seeks to combat this trend by drastically curtailing the power of courts to interfere in the various stages of the arbitration proceedings. In this respect, some of its provisions are said to be an improvement upon those contained in the UNCITRAL model.

This treatise covers the subject exhaustively as it is a commentary on both the new and the old legal regime. Written in a systematic manner, it deals with both foreign and Indian case law at length. Since there is a dearth of authoritative material on the New Law, it is bound to be of great use to all those who are concerned with methods of Alternative Dispute Resolution. Moreover, Part ‘B’ of the Book, which deals with the old legislation will also be of tremendous utility since the proceedings initiated before 25-1-1996 continue to be governed by the Arbitration Act, 1940.




Price : Rs.1,495.00 £100.00 $150.00(US)
Pages 2000 (approx.)

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