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.........................................................................................................................Book DescriptionThe Arbitration and Conciliation Act 1996 comprehensively covers both domestic and international commercial arbitration and conciliation and makes provision for an arbitral procedure which is fair, efficient and is capable of meeting the needs of different kind of arbitrations. Also, it ensures that the arbitral tribunal remains within the limits of its jurisdiction, minimises the role of courts in the arbitral process and also permits an arbitral tribunal to use meditation, conciliation or other procedures during the arbitral proceedings to encourage settlement of disputes.The new edition of The Arbitration and Conciliation Act 1996 has been thoroughly revised in light of the new enactment on the subject, while retaining the earlier commentary which is still valid even after enactment of the Act of 1996. The book has been updated with case law upto December 2000. The book will be useful to the Bench and the Bar..........................................................................................................................Contents1. Short Title, Extent and CommencementPart I - arbitrationChapter I - General Provisions2. Definitions3. Receipt of Written Communications 4. Waiver of Right to Object5. Extent of Judicial Intervention 6. Administrative Assistance Chapter II - Arbitration Agreement7. Arbitration Agreement8. Power to Refer Parties to Arbitration Where There is an Arbitration Agreement9. Interim Measures by CourtChapter III - Composition of Arbitral Tribunal10. Number of Arbitrators 11. Appointment of Arbitrators 12. Grounds for Challenge 13. Challenge Procedure 14. Failure or Impossibility to Act 15. Termination of Mandate and Substitution of ArbitratorChapter IV - Jurisdiction of Arbitral Tribunals16. Competence of Arbitral Tribunal to Rule on its Jurisdiction17. Interim Measures Ordered by Arbitral TribunalChapter V - Conduct of Arbitral Proceedings18. Equal Treatment of Parties19. Determination of Rules of Procedure20. Place of Arbitration21. Commencement of Arbitral Proceedings 22. Language 23. Statements of Claim and Defence 24. Hearings and Written Proceedings25. Default of a Party 26. Expert appointment by arbitral tribunal27. Court Assistance in Taking Evidence Chapter VI - Making of Arbitral Award and Termination of Proceedings28. Rules Applicable to Substance of Dispute 29. Decision Making by Panel of Arbitrators 30. Settlement 31. Form and Contents of Arbitral Award 32. Termination of Proceedings 33. Correction and Interpretation of Award; Additional AwardChapter VII - Recourse against Arbitral Award 34. Application for Setting Aside Arbitral AwardChapter VIII - Finality and Enforcement of Arbitral Awards35. Finality of Arbitral Awards36. EnforcementChapter IX - Appeals 37. Appealable OrdersChapter X - Miscellaneous38. Deposits 39. Lien on Arbitral Award and Deposits as to Costs 40. Arbitration Agreement Not to be Discharged by Death of Party Thereto 41. Provisions in Case of Insolvency 42. Jurisdiction 43. LimitationsPart II - enforcement of certain foreign awardChapter I - New York Convention Awards44. Definition 45. Power of Judicial Authority to Refer Parties to Arbitration46. When Foreign Award Binding47. Evidence 48. Conditions for Enforcement of Foreign Awards 49. Enforcement of Foreign Awards :50. Appealable Orders51. Saving 52. Chapter II Not to ApplyChapter II - Geneva Convention Awards53. Interpretation54. Power of Judicial Authority to Refer Parties to Arbitration55. Foreign Awards When Binding56. Evidence57. Conditions for Enforcement of Foreign Awards 58. Enforcement of Foreign Awards 59. Appealable Orders60. Saving Part III - conciliation61. Application and Scope 62. Commencement of Conciliation Proceedings63. Number of Conciliators64. Appointment of Conciliators65. Submission of Statements to Conciliator66. Conciliator Not Bound by Certain Enactments 67. Role of Conciliator 68. Administrative Assistance 69. Communication Between Conciliator and Parties70. Disclosure of Information 71. Co-operation of Parties with Conciliator72. Suggestion by Parties for Settlement of Dispute 73. Settlement Agreement74. Status and Effect of Settlement Agreement75. Confidentiality76. Termination of conciliation proceedings77. Resort to Arbitral or Judicial Proceedings 78. Costs79. Deposits 80. Role of Conciliator in Other Proceedings 81. Admissibility of Evidence in Other Proceedings Part IV - supplementary provisions82. Power of High Court to Make Rules83. Removal of Difficulties 84. Power to Make Rules85. Repeal and Saving 86. Repeal and Saving The First ScheduleConvention on the Recognition and Enforcement of Foreign Arbitral AwardsThe Second ScheduleProtocol on Arbitration Clauses The Third ScheduleConvention on The Execution of Foreign AppendicesAppendix I - Statement of Objects and Reasons Appendix II - Notes on Clauses Appendix III - Memorandum regarding Delegated LegislationAppendix IV - [The] Arbitration Act 1940Appendix V - [The] Arbitration (Protocol and Convention) Act 1937Appendix VI - [The] Foreign Award (Recognition and Enforcement) Act 1961Appendix VII - [The] Arbitration Act 1950 (English) Appendix VIII - Arbitration (International Investment Disputes) Act 1966 (English) Appendix IX - Arbitration Act 1975 (English) Appendix X - Arbitration Act 1979 (English) Appendix XI - Rules of Arbitration of the Indian Council of Arbitration 1993 Appendix XII - English Arbitration (Commodity Contracts) Order 1979 Appendix XIII - English Chartered Institute of Arbitrators Arbitration Rules 1988 Appendix XIV - London Court of International Arbitration Rules 1985Appendix XV - The ICC (International Chambers of Commerce) Court of Arbitration Rules 1988Appendix XVI - UNCITRAL Arbitration Rules 1976Appendix XVII - UNCITRAL Conciliation Rules 1976Appendix XVIII - European Convention 1961 on International Commercial Arbitration Appendix XIX - The Settlement of Investment Disputes Between States and Nationals of Other StatesAppendix XX - The Chartered Institute of Arbitrators Appendix XXI - Model FormsAppendix XXII - Understanding on Rules and Procedures Governing the Settlement of Disputes Appendix XXIII - Schemes of Appointment of Arbitrators Under the New Arbitration and Conciliation Act 1996 by the Supreme Court and Various High CourtsAppendix XXIV - The Interest Act 1978 Index.........................................................................................................................
