Commercial Dispute Resolution- State of the Law in India

The book titled “Commercial Dispute Resolution- State of the Law in India” attempts to analyse the march of commercial law post 2015. 2015 was a marquee year in commercial dispute resolution in India- this year saw the ushering in of an entirely new regime. Starting with the amendments to the Arbitration and Conciliation Act, 1996, the Commercial Courts Act, 2015 and the Insolvency and Bankruptcy Code, 2016, the landscape of commercial dispute resolution has completely changed. In relation to the alternative dispute resolution regime, the fine balance between minimum judicial interference, party autonomy and having a blemish-less regime was sought to be improved and further greater certainty in terms of time and costs was attempted to be achieved. As regards the civil justice system pertaining to commercial disputes, greater specificity resulting in providing lesser opportunities for defendants to obfuscate issues and a consequent shortening of timelines was the aim. Similarly, the insolvency and bankruptcy regime introduced in 2016, brought in for the first time, a creditor-in-control regime which was supplemented with stringent timelines.The book analyses the march of law under each of the above legislation and also certain general commercial legal issues. The book is divided into four sections namely – (i) Issues Arising Out of The Alternative Dispute Resolution Regime (ii) Issues Arising Out of The Commercial Courts Regime (iii) Issues Arising Out of The Insolvency and Bankruptcy Regime (iv) General Commercial Laws Issues.

Key Features:

• Dwells into the decentralized nature of blockchain, its consensus mechanisms, and the cryptographic hash functions which ensures the security and transparency.
• Offers a panoramic understanding and a worldwide view of the concepts of seat, venue, and jurisdiction in the context of domestic and international arbitration, delving deeper into substantive aspects of their interaction with one another.
• Analyses various evidentiary issues including proving electronic records, processes of discovery, serving of interrogatories and inspection of records.
• A comprehensive introduction to Pre-Arbitral Procedures (PAPs) and their various forms—ranging from amicable settlements to multi-tiered dispute resolution clauses has been made. 
• Demystifies the working of the Commercial Courts Act, 2015 by providing a practical guide for its effective use.
• Analyses the position of various classes of creditors including statutory creditors, secured creditors and contingent creditors during the insolvency process.
• Includes notable cases like Re Interplay between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899; BGS SGS SOMA JV v NHPC Ltd; India Resurgence ARC Pvt Ltd v M/s Amit Metaliks Ltd; DBS Bank Ltd Singapore v Ruchi Soya Industries Ltd; and HRD Corp (Marcus Oil and Chemicals Division) v GAIL (India) Ltd etc.
• Serves as a one stop reference point for both Indian and international practitioners, scholars, and students with a nuanced comparative law driven understanding of commercial law’s evolving nature.