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Description
 With 71 Specimen Forms & Precedents, a Practical Commentary on the Arbitration & Conciliation Act, 1996 to assist Lawyers & Company Executives to instruct and or conduct Arbitration Proceedings an exhaustive Commentary on the Arbitration & Conciliation Act, 1996 with case-law references of the Supreme Court of India and various High Courts on the subject.
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Contents
The Arbitration and Conciliation Act, 1996
Part I - Arbitration
    Preamble
    Preliminary
    Chapter 1.    General Provisions
    Chapter 2.    Arbitration Agreement
    Chapter 3.    Composition of Arbitral Tribunal
    Chapter 4.    Jurisdiction of Arbitral Tribunals
    Chapter 5.    Conduct of Arbitral Proceedings
    Chapter 6.    Making of Arbitral Award And Termination of Proceedings
    Chapter 7.    Recource against Arbitral Award
    Chapter 8.    Finality and Enforcement of Arbitral Awards
    Chapter 9.    Appeal and Revision
    Chapter 10.  Miscellaneous
Part II - Enforcement Of Certain Foreign Awards
    Chapter 1. New York Convention Awards
    Chapter 2. Geneva Convention Awards
Part III - Conciliation
Part IV - Supplementary Provisions
    Schedule I - Convention on the Recognition and Enforcement of Foreign
    Arbitral Awards
    Schedule II - Protocol and Arbitration Clauses
    Schedule III - Convention on the Execution of Foreign Arbitral Awards
Specimen Precedents
Forms Suggested Are To Be Modified According To the Rules, Practice, and Facts of  the Case and Requirements
    SP # 1 - Statement of Claim of Contractor Company
    SP # 2 - Statement of Defence and Counter-Claim of Respondent Employer Company
    SP # 3 - Award
    SP # 4 - Suggested and Only Suggested Forms which are to be Modified According
    to the Rules and Practice and Facts of the Case and Requirement
    SP # 5 - In the Court of the Civil Judge (Senior Division), Alipore Suit No. 22 of 2005]
    for Declaration that Arbitration Agreement in Void
    SP # 6 - Application of AB Limited, the Defendant, Under Section 8 of the Arbitration
    and Conciliation Act, 1996
    Sp # 7 - Settlement of Disputes by Arbitration under Clause 5 of the Contract Dated
    January 15, 2004 and the Arbitration & Conciliation Act 1996] Statement of Claim
    SP # 8 - Settlement of Disputes By Arbitration under Clause 5 of the Contract
    Dated January 15, 2004 and the Arbitration & Conciliation Act, 1996]
    SP # 9 - An Application under Section 8 of the Arbitration and Conciliation Act, 1996
    SP # 10 - Affidavit-In-Opposition of Finance Company Limited, the Plaintiff, To the
    Petition of Transport Company Limited, Defendant
    SP # 11 - Letter Appointing Arbitrator
    SP #12 - Arbitrator's Notice to Hold Meeting of the Parties
    SP # 13 - An Application under Section 9 of the Arbitration and Conciliation
    Act, 1996 for Interim Order
    SP #14 - Affidavit-In-Opposition of Transport Company Limited to the Petition of
    Finance Company Limited for Interim Measure
    SP # 15 - Application to Court for Appointment of Arbitrator
    SP # 16 - Application for Removal of the Existing Arbitrator and Appointment
    of another Arbitrator
    SP # 17 - Application to Arbitrator Challenging His Appointment
    SP # 18 - Application Challenging Validity of Appointment and Jurisdiction of Arbitrator
    SP # 19 - Affidavit-In-Opposition of The Respondent Transport Co. Ltd. to The
    Petition Of Finance Co. Ltd. Affirmed By Mr. ...... On ......2002. Challenging
    Jurisdiction of Arbitrator
    SP # 20 - Written Statement of Reasons for Challenge to the Arbitral Tribunal
    SP # 21 - Application Challenging Validity of Appointment and Jurisdiction
    of Arbitrator
    SP # 22 - Application Challenging Validity of Appointment and Jurisdiction
    of Arbitrator
    SP # 23 - Application for Termination of Mandate of Mr. M to Act as the Arbitrator
    SP # 24 - In The Court of The Civil Judge (Senior Division), Alipore Suit No. 22 of 2005
    Claiming Declaration That Chief Engineer on Retirement Ceased to be Arbitrator
    SP # 25 - Award by the Arbitrator
    SP # 26 - Order of Arbitrator on Application Challenging Validity of Arbitration
    Agreement
    SP # 27 - Award of Arbitrator
    SP # 28 - Application Challenging Validity of Arbitration Agreement
    SP # 29 - Application Challenging Jurisdiction of Arbitrator (Chief Engineer Who
    Has Retired)
    SP # 30 - Application on Appeal from Decision of Arbitrator that He Has No
    Jurisdiction
    Sp # 31 - Acceptance of Plea under Section 16(2) and (3) of the Arbitration and
    Conciliation Act, 1996 by the Learned Arbitrator and Appeal
    SP # 32 - Arbitrator's Order That He Has No Jurisdiction to Adjudicate the Disputes
    SP # 33 - Petition of Claimant for Interim Measure
    SP # 34 - Appeal From Order of Arbitrator Refusing to Grant Interim Relief
    SP # 35 - In the Court of The Civil judge (Senior Division), Alipore Suit No. 22 of 2005
    Appeal against the Order of Arbitrator Refusing to Grant Interim Relief
    SP # 36 - In the Court of The Civil judge (Senior Division), Alipore Suit No. 22 of 2005
    Order of Arbitrator Appointing Expert to Examine Machine and
    SP # 37 - Revision Petition from the Order Dated March 4, 2002 Passed By the
    Learned Civil Judge (Senior Division), At Alipore
    SP # 38 – An Application under Section 17 of the Arbitration and Conciliation
    Act, 1996 for Interim Measure of Protection
    SP # 39 - Affidavit in Opposition to an Application under Section 17 of the Arbitration
    and Conciliation Act, 1996 for Interim Measure of Protection
    SP # 40 - Order for Interim Measure of Protection on Application U/S. 17
    SP # 41 - In the Court of the Civil Judge (Senior Division), Alipore Suit No. 22
    of 2005 for Court Assistance in Pending Arbitration Proceeding
    SP # 42 - Petition of Manufacturing Ltd., the Respondent, for Court Assistance
    in Taking Evidence
    SP # 43 - An Application under Section 30 of the Arbitration and Conciliation Act,
    1996 for Recording Settlement Disputes Pending Before the Arbitrator
    SP # 44 - Award by the Arbitrator
    SP # 45 - Application for Correction of Computation Errors and Typographical
    Errors Occurring in the Award
    SP # 46 - Application for an Additional Award
    SP # 47 - An Additional Award in Respect of Claim for the Penal Interest Not Dealt
    With in the Award Dated September 1, 2002
    SP # 48 - An Application under Section 34 of the Arbitration and Conciliation
    Act, 1996 for Setting Aside an Award by Mr. M. Arbitrator Dated September 1, 2002
    Sp # 49 - An Application under Section 34 of the Arbitration and Conciliation Act, 1996
    for Setting Aside Part of the Award and Direction to Arbitrator to Decide
    Certain Matters
    SP # 50 - Appeal for Setting Aside the Order of Civil Judge
    SP # 51 - Appeal to High Court for Setting Aside Order of Civil judge
    SP # 52 - Application for Execution of Award
    SP # 53 - Statement of Claim of the Chrome Limited the Claimant before the
    Arbitration Tribunal
    SP # 54 - Filling of Statement of Claims under Section 23 of the Arbitration and
    Conciliation Act, 1996
    SP # 55 - Statement of Defence and Counter-Claim
    SP # 56 - Application to Court for Appointment of Receiver and Issue of Injunction
    as Interim Protection
    SP # 57 - Petition to Admit Appeal and Issue Orders for Interim Protection
    SP # 58 - Memorandum of Appeal from Order of Civil Judge in Arbitration
    Proceeding/Matter
    SP # 59 - Statement of Defence along with the Counterclaim of Technicians
    Limited, the Respondent Counter Claimant Herein
    SP # 60 - Statement of Defence of Chrome Limited to the Counter-Claim of
    Technicians Limited before International Chamber of Commerce
    SP # 61 - Special Leave Petition to Appeal to Supreme Court
    SP # 62 - Caveat Under Order XVIII, Rule 2 of Supreme Court Rules, 1966
    against Proposed Special Leave Petition
    SP # 63 - Appeal to Supreme Court-Form-Synopsis
    SP # 64 - Appeal to Supreme Court Special Leave Petition-List of Dates
    SP # 65 - Application under Article 136 of the Constitution of India Read With
    Order XVI of the Supreme Court Rules, 1966
    SP # 66 - Affidavit under Order XI of Supreme Court Rules, 1966
    SP # 67 - Counter Affidavit on Behalf of Respondent No. L In the Special
    Leave Petition
    SP # 68 - Rejoinder Affidavit of the Petitioner in Special Leave Petition to
    Supreme Court
    SP # 69 - Application for Ad-Interim Ex Parte Stay Under Order XLVII Road with
    Order VIII, Rule 2 of the Supreme Court Rules, 1966
    SP # 70 - Re: Exercise of the Right of Lien under Section 39 of the Arbitration
    and Conciliation Act, 1996 by the Arbitrator
    SP # 71 - Application under Section 39(2) of the Arbitration and Conciliation Act, 1996
    for Direction to Deliver the Award on Applicant Depositing the Amount in Court
Appendices
Part I - International Legislation
Appendix 1 - Relevant Extracts- UNCITRAL Model Law, Analytical Commentary on Draft Model Law and UNCITRAL Report on Adoption of Model Laws
Appendix 2 - The [English] Arbitration Act 1996
Appendix 3 - UNCITRAL Model Law on International Commercial Arbitration
Appendix 4 - UNCITRAL Arbitration Rules
Appendix 5 - UNCITRAL Conciliation Rules
Appendix 6 - ICC Rules of Arbitration
Appendix 7-10 - [Reserved]
Part II - India Related Act/Rules/Schemes
Appendix 11 - The Appointment of Arbitrators by the Chief Justice of India Scheme, 1996
Appendix 12 - Allahabad—The Appointment of Arbitrators by the Chief Justice of Allahabad High Court, 1996
Appendix 13 - Andhra Pradesh—The Scheme for Appointment of Arbitrators by the Chief Justice of Andhra Pradesh High Court, 1996
Appendix 14 - Bombay—Bombay High Court of Judicature at Bombay
Appendix 15 - Calcutta—The Scheme for Appointment of Arbitrators by the Chief Justice of High Court at Calcutta, 1996
Appendix 16 - Scheme of Appointment of Arbitrators Chhattisgarh High Court
Appendix 17 - Delhi—The Scheme for Appointment of Arbitrators by the Chief Justice of High Court of Delhi, 1996
Appendix 18 - Gauhati—The Scheme for Appointment of Arbitrators by the Chief Justice of Gauhati High Court, 1996
Appendix 19 - Gujarat—The Scheme for Appointment of Arbitrators by the Chief Justice of Gujarat High Court, 1996
Appendix 20 - Himachal Pradesh—The Scheme for Appointment of
Arbitrators by the Chief Justice of High Court of Himachal Pradesh, Shimla
Appendix 21 - Jammu & Kashmir—The Scheme for Appointment of Arbitrators by the Chief Justice of High Court of Jammu & Kashmir
Appendix 22 - Jharkhand—Appointment of Arbitrators by the Chief Justice of High Court of Jharkhand
Appendix 23 - Karnataka—The Scheme for Appointment of Arbitrators by The Chief Justice of High Court of Karnataka, Bangalore
Appendix 24 - Kerala—The Scheme for Appointment of Arbitrators by the Chief Justice of Kerala High Court
Appendix 25 - Madhya Pradesh—The Scheme for Appointment of Arbitrators by the Chief Justice of High Court of Madhya Pradesh, Jabalpur
Appendix 26 - Madras—The Scheme for Appointment of Arbitrators by the Chief Justice of Madras High Court
Appendix 27 - Orissa—The Scheme for Appointment of Arbitrators by the Chief Justice of Orissa High Court
Appendix 28 - Patna—The Scheme for Appointment of Arbitrators by the Chief Justice of High Court of Patna
Appendix 29 - Punjab & Haryana—The Scheme for Appointment of Arbitrators by the Chief Justice of High Court of Punjab and Haryana, Chandigarh
Appendix 30 - Rajasthan—The Scheme for Appointment of Arbitrators by the Chief Justice of High Court of Judicature for Rajasthan at Jodhpur
Appendix 31 - Sikkim—The Scheme for Appointment of Arbitrators by the Chief Justice of High Court of Sikkim
Appendix 32 - Uttaranchal—The Scheme for Appointment of Arbitrators by the Chief Justice of High Court of Uttaranchal, 1996
Part III - Other Rules
Appendix 33 - The Jammu and Kashmir Arbitration and Conciliation Act, 1997
Appendix 34 - The Jammu & Kashmir Arbitration and Conciliation Rules, 1999
Appendix 35 - The Interest Act, 1978
Appendix 36 - Andhra Pradesh Arbitration Rules, 2000
Appendix 37 - By the High Court of Judicature at Bombay
Appendix 38 - Himachal Pradesh Arbitration Rules 2000
Appendix 39 - Karnataka Arbitration Rules, 2001
Appendix 40 - High Court of Madhya Pradesh Arbitration Rules, 1997
Appendix 41 - Rules of Arbitration of the Indian Council of Arbitration
Subject-Index
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Author Details
C.R. Datta, M.Com., LL.B. (Cal), A.T.I.I. (Eng.), D.I.A. (Lond.), Bar-at-Law, Lincoln’s Inn, Ex Senior Lecturer, Calcutta University Law College.
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