Congress Series

Overview

The relationship of national courts and arbitration has been improved by the 1958 New York Convention, arbitration legislation based on the highly successful UNCITRAL Model Law on International Commercial Arbitration, and an ever-increasing body of arbitration specialists in the legal community. Yet many issues still remain in this 'never-ending story'. They are explored in ICCA Congress Series no. 10, which contains the proceedings of the ICCA Conference 2000, held in New Delhi in March 2000. This Conference, ...

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Overview

The relationship of national courts and arbitration has been improved by the 1958 New York Convention, arbitration legislation based on the highly successful UNCITRAL Model Law on International Commercial Arbitration, and an ever-increasing body of arbitration specialists in the legal community. Yet many issues still remain in this 'never-ending story'. They are explored in ICCA Congress Series no. 10, which contains the proceedings of the ICCA Conference 2000, held in New Delhi 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: Ensuring its Validity and Effectiveness
  • The Arbitral Proceedings: The Arbitrator's Responsibilities for the Proper Conduct of Proceedings and the Role of the Courts in Providing Support and Supervision
  • Interim Relief: The Role of Arbitrators and the Courts
  • Enforcement and Setting Aside of Awards.

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.

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Product Details

  • ISBN-13: 9789041116475
  • Publisher: Kluwer Law International, BV
  • Publication date: 9/20/2001
  • Series: ICCA Congress Series Set Series
  • Pages: 266
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.56 (d)

Table of Contents

Preface
Table of Contents
Welcoming Addresses 1
Inaugural Address 7
Vote of Thanks 11
The Risks of Ambiguous Arbitration Agreements 15
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 16
Multi-Tiered Dispute Resolution Clauses 24
Some Developments on Arbitrability and Related Issues 44
The Effectiveness of Arbitration Clauses in India 63
International Arbitration and National Courts: Who Has The Last Word? 69
The Arbitrator's Responsibilities for the Proper Conduct of Proceedings and the Role of the Courts in Providing Supervision 71
The Arbitrator's Responsibilities for the Proper Conduct of Proceedings 80
The Arbitrator's Responsibilities and the Role of the Court in the Indian Context 84
The Arbitral Proceedings: Ensuring Adequate Mechanisms for Organizing the Arbitral Process, Including Appointing and Removing Arbitrators 88
The Grant of Interim Relief Under the Indian Arbitration Act of 1996 93
Interim Measures Issued by Arbitral Tribunals and the Courts: Less Theory, Please 97
Interim Reliefs: The Role of the Courts 111
Redeeming Sisyphus: The Need to Invigorate Interim Relief in International Commercial Arbitration 126
Interim Relief: The Role of Arbitrators and the Courts in India 136
Availability of Interim Relief in Respect of International Arbitration 138
Enforcement of Foreign Arbitral Awards in India 143
Enforcement and Setting Aside of International Arbitral Awards - The Perspective of Common Law Countries 145
Revisiting Hilmarton and Chromalloy 165
Enforcement of Foreign Awards in India: Condition of Reciprocity 177
Annex: The Indian Arbitration and Conciliation Act, 1996 187
List of Oral Intervenors 216
List of Participants 219
List of ICCA Officers and Members 247
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