Description
Oxford Alternative Dispute Resolution The Indian Perspective 2018 Edition by Shashank Garg
Alternative dispute resolution (ADR), as a mechanism to resolve disputes, has gained wide acceptance in India. This is primarily because the traditional adversarial system of dispensing justice is dilatory, expensive, and, many a time, ineffective. The recent spurt in India's economic development coupled with the renewed confidence of foreign investors to invest in India has also made it imperative that India provides a swifter justice delivery system to resolvecommercial disputes. The volume examines some of the important aspects of dispute resolution being practiced in India. More than twenty national and international experts from various fields within the domain of dispute resolution have come together to answer some of the most complex issues and shedlight on the usage of the best practices of dispute resolution in India. The work aims to enhance the understanding of the legal issues related to dispute resolution, and provides an updated account of law incorporating the recent Arbitration and Conciliation (Amendment) Act, 2015. Table of contents : - ForewordPrefaceGuest Editor's NoteList of AbbreviationsIntroduction PART I Domestic Arbitration1. Alternative Dispute Resolution: Is It an Alternative Mechanism?Justice Arijit Pasayat 2. Interim Measures under the Indian Arbitration and Conciliation Act, 1996A.N.S. Nadkarni 3. Impartiality and Independence of the Arbitral Tribunal Justice R.C. Lahoti and Divyakant Lahoti4. The Doctrine of Kompetenz-Kompetenz: Indian Perspective Justice Suresh C. Gupte5. Grounds for Challenging an Arbitral Award in IndiaTushar Mehta6. Rectification of Jurisdiction to Entertain Arbitration Applications in the Commercial Courts Act 2015: Pending Practical Re-alignment to Restore the Statutory Right to Appeal? Ajay Bhargava, Jeevan Ballav Panda, and Kudrat Dev7. Institutional Arbitration In India: The Way ForwardDeepto Royi and Madhukeshwar Desai8. Emergency Arbitrator in the Indian ContextTejas Karia9. Rise of the Expert Witness in Alternative Dispute ResolutionGeetu Singh and Gagan Puri 10. Med-ArbJustice Rajiv Shakhder11. Limits of Arbitrability: Some Jurisdictional Issues in the Context of Public Law RemediesParag P. Tripathi12. Arbitration: An In-house Counsel's PerspectiveSanjeev GemawatPART II International Arbitration13. The Concept of Seat in International Arbitration: Developments in IndiaJustice Vikramjit Sen and Satyajit Gupta14. Introduction to Investment Arbitration: A Perspective from IndiaShreyas Jayasimha and Radha Raghavan15. Allocation of Costs in International ArbitrationSonal Kumar Singh and Manish Lamba16. International Arbitration with an Indian connectionSheila AhujaPART III Mediation17. Commercial Mediation: An Evolving Frontier of Alternative Dispute Resolution in IndiaAllison M. Malkin and D. Gracious Timothy18. Mediation in India: Practical Tips and TechniquesThomas P. Valenti and Tanima TandonIndexAbout the Editor and Contributors