Arbitration

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A Practical Guide to the Concept and Practice of Arbitration Law (Including the Principles of Other Alternative Dispute Resolution Methods)

Rajkumar S. Adukia
B.Com (Hons.), LL.B, AICWA, FCA
rajkumarfca@gmail.com / radukia@vsnl.com
http://www.carajkumarradukia.com
093230 61049 / 093221 39642

PREFACE
Alternative Dispute Resolution is believed to be superior to litigation. First, ADR is comparatively faster and less expensive. Second, it is based on a more direct participation by the disputants, rather than being administered by lawyers, judges, and the state. In most ADR processes, the disputants outline the process they will use and define the substance of the agreements. This type of involvement is believed to increase people's satisfaction with the outcomes, as well as their compliance with the agreements reached. This guide provides an analysis of different modes of dispute resolution mechanism available along with their scope and applicability. This guide also provides an insight into the process of arbitration with practical hints for arbitration along with the specimen arbitration agreements, notices, specimen arbitral awards. This guide helps you learn strategies and innovative approaches for resolving your cases. This guide explains the procedures available to compel—or avoid— arbitration; it discusses the factors to consider in choosing to arbitrate or mediate, and in selecting the arbitrator or mediator for your case. You’ll better understand your role as an advocate in mediation, as well as get valuable information on equitable remedies in arbitration.

This guide outlines the general principles of arbitration, the different types of arbitration and the advantages it has over other kinds of conflict resolution processes. Arbitration is one of the major types of ADR. I have made an attempt to provide a clear and reliable statement of the law and concepts central to ADR (arbitration, negotiation, mediation and other processes). I have also attempted to cover the law of arbitration thoroughly thus rendering the book extremely useful for all those who interested in ADR. The chapters on negotiation and mediation treat the subjects from the perspectives of theory, practice and legal doctrine. This guide helps you decide the perfect alternative dispute resolution method for your case or client. The explanation given helps you evaluate each technique of ADR and successfully apply them to your case, based on your needs.

We would appreciate if our readers can give suggestions and call our attention to errors that might have inadvertently crept in by sending e-mail to rajkumarfca@gmail.com. Alternatively, the readers can also post their queries at http://www.carajkumarradukia.com. I would be glad to receive and respond to your queries , suggestions and constructive criticism . Those who are interested in getting similar technical material on a regular basis can send an email to carajkumarradukia-subscribe@yahoogroups.com and subscribe to our yahoo group.

Index

1. Introduction
2. What is alternative dispute resolution?
3. Usage of ADR in India
4. What is Conciliation?
5. What is Arbitration?
6. Institutional Arbitration
7. Advantages of arbitration over litigation
8. Definitions
9. Arbitration Agreement
10. Receipt of Communication
11. Disputes which can be referred to arbitration
12. Disputes which cannot be referred to arbitration
13. Interim Measures of Protection
14. Judicial Intervention in Arbitration
15. Composition of an Arbitral Tribunal
16. Appointment of an arbitrator
17. Jurisdiction of an Arbitral Tribunal
18. Duties and Responsibilities of Arbitrators
19. Removal of an Arbitrator
20. Fees of an Arbitrator
21. Procedure for Arbitration
22. Making of Arbitral Award and Termination of Proceedings
23. Setting Aside of Arbitration Awards
24. Appeals
25. Recognition & Enforcement of Foreign Awards
26. Role of Chartered Accountants in Arbitration
27....
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