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The IUP Journal of Alternate Dispute Resolution :
Arbitration Agreements and Awards: Law of International and Domestic Arbitration
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International Commercial Arbitration plays a vital role in resolving transnational business disputes, which arise in the global marketplace. This book deals with the evolution of law related to International Commercial Arbitration, enforcement of foreign awards in India, the pivotal subjects of foreign arbitral award and domestic award, the legal position under the Geneva and New York Conventions, etc. Statutory provisions regarding the procedure for enforcement of the Convention awards also have been discussed elaborately.

Globalization has led to the growing significance of International Commercial Arbitration in resolving transnational business disputes arising in the global marketplace. The changing dimensions of dispute resolution have made it necessary to keep pace with the latest developments in the field of Alternative Dispute Resolution (ADR). The rights and remedies available to the parties under the International Arbitration conventions provide an ever-expanding field of study.However, there is a dearth of scholarly writings on the subject of international commercial arbitration in India and the dearth may be partly due to the relative unfamiliarity with issues of private international law that are often involved in such an arbitration.

After tracing, in the introductory chapter, the evolution of the law relating to international commercial arbitration and enforcement of foreign awards in India, the author deals with various aspects of international commercial agreements in chapter two including the definition and other salient features. The legal framework for the enforcement of arbitration agreements is the theme of the third chapter and the author focuses attention on the stay of legal proceedings and the referral of the parties by the Court to arbitration under the 1996 Act and the earlier legislation. The pivotal subjects of "foreign arbitral award" and "domestic award" and their definitions and distinctions are comprehensively and competently dealt with in Chapters four and six, and the legal position under the Geneva and New York Conventions and the relevant Indian legislations are also discussed. The nitty-gritty of the enforcement of foreign and domestic awards are also elaborately discussed and this will be found useful by a practicing lawyer.

 
 
 

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