Arbitration in India

Arbitration in India is a complete treatise – first of its kind, from the formation of the arbitration agreement in India to the enforcement of domestic and international awards – that aims to provide an up-to-date analysis of arbitration in India for those foreign counsels and arbitrators who have arbitrations in India and for Indian local counsel to understand the effects of international arbitration. India has a long-standing tradition of dispute resolution through arbitration, with arbitral-type regulations going back to the eighteenth century.

Today, amendments to the 1996 Indian Arbitration Act, a steady evolution of case law and new arbitral institutions position India’s vibrant system once more at the forefront of international commercial dispute resolution. International arbitration practitioners, Indian practitioners, and scholars have combined efforts to produce a practical and informative guide on the subject.

What’s in this book:

Over forty members of the international arbitration community in India and beyond offer authoritative perspectives and insights into topics on arbitration in India. The contributors provide detailed analysis and description of the evolution and current position of the law and practices in India:

1. recommendations for the application of the 1958 New York Convention;

2. law governing the merits of the dispute and awards;

3. investor-state dispute settlement;

4. drafting arbitration clauses for India-centric agreements;

5. managing costs and time;

6. rise of virtual arbitration and technology;

7. effect of public policy in light of extensive Indian jurisprudence; and

8. arbitration of claims relating to environmental damage.

Practical features include checklists for drafting arbitration clauses and simplified charts of major commercial arbitration rules often resorted to by Indian parties. Also included is a comparative analysis of arbitral regimes in India, Singapore and England; chapters on the India Model Bilateral Investment Treaty and ISDS reforms; a special section on the drafting of the award guided by leading arbitrators and stakeholders and a review of the new 2021 ICC Rules.

Editors

Contributors

Foreword

Preface

CHAPTER 1
General Notes for Practitioners
Ciccu Mukhopadhaya & Manavendra Mishra

CHAPTER 2
The Arbitration Agreement
Dipen Sabharwal

CHAPTER 3
Multiparty and Multi-contract Arbitrations
Vikas Mahendra & Pranav Budihal

CHAPTER 4
Constitution and Establishment of an Arbitral Tribunal
Rahul Donde & Rishabh Raheja

CHAPTER 5
Jurisdiction of the Arbitral Tribunal
Constantine Partasides & Manish Aggarwal

CHAPTER 6
The Laws Applicable to an Arbitration
Nakul Dewan

CHAPTER 7
The Conduct of Arbitral Proceedings in India
Martin Hunter, Shashank Garg & Simon Weber

CHAPTER 8
Interim Measures
Promod Nair & Shivani Singhal

CHAPTER 9
Arbitral Awards in Indian Arbitrations
Martin Hunter, Simon Weber & Sadyant Sasiprabhu

CHAPTER 10
Challenge and Enforcement of Awards: The Brooding Omnipresence of Public Policy
Darius J. Khambata

CHAPTER 11
Recognition and Enforcement of Foreign and Domestic Arbitral Awards: Role of National Courts
Dushyant Dave

CHAPTER 12
The India Resolutions for the 1958 Convention on the Recognition and Enforcement of Foreign Awards
Fali Nariman, Marike Paulsson & Supritha Suresh

CHAPTER 13
Investor-State Dispute Settlement and India
Aditya Singh

CHAPTER 14
Drafting Arbitration Clauses for India-Centric Agreements
Pallavi Shroff

CHAPTER 15
Ongoing Efforts Towards Reforming the ISDS System: An Aide-Memoire of the System’s Need Amidst Calls for Iconoclasm
Marike Paulsson, George Pothan & Supritha Suresh

CHAPTER 16
Managing Costs and Time in Arbitration
Tejas Karia

CHAPTER 17
Arbitral Institutions

17.1
DIS Rules
James Menz & Katia Rener

17.2
ICC Rules
Alexander G. Fessas & Abhinav Bhushan

17.3
LCIA Rules
Sherina Petit & Nosherwan Vakil

17.4
MCIA Rules
Cyril Shroff & Shaneen Parikh

17.5
PCA Rules
Brooks Daly & Ashwita Ambast

17.6
SIAC Rules
Lim Seok Hui & Kevin Nash

CHAPTER 18
Arbitration of Claims Relating to Environmental Damage in India
Karuna Nundy

CHAPTER 19
A Comparative Analysis of Arbitral Legislations: India, Singapore & England
Ganesh Chandru

Appendices

APPENDIX I
The Arbitration and Conciliation Act, 1996 (as amended by Amending Act No. 3 of 2016 (with effect from 23 October 2015) and Amending Act No. 33 of 2019 (with effect from 9 August 2019)

APPENDIX II
The Arbitration and Conciliation (Amendment) Ordinance 2015, No. 9 of 2015

APPENDIX III
The Arbitration and Conciliation (Amendment) Act 2019, No. 33 of 2019

Table of Cases

Table of Awards

Index